Casual Legal: Temporary road closures
By Lauren Chalaturnyk
Reynolds Mirth Richards Farmer LLP
Alberta Municipalities Casual Legal Service Provider
Municipalities have fairly broad authority over roads within their direction, control, and management (subject to the Municipal Government Act (MGA) and the Traffic Safety Act (TSA)). Still, they are not permitted to temporarily close a road under their control at any time for any reason.
Permanent road closures in a municipality must be done by bylaw and the procedures set out in the MGA for permanent road closures must be followed (see section 22 of the MGA).
For temporary road closures, municipalities must first look to the MGA and TSA. Section 22(5) of the MGA authorizes the council of a municipality to temporarily close or authorize a designated officer to temporarily close a road at any time if council considers that a construction or maintenance project may create a hazard. Section 13(1)(o) of the TSA authorizes council to, by bylaw, authorize the municipality to issue a license or permit, terminable on 30 days’ notice, for the temporary use or occupation of a road when it is not required for public use. Section 13(1)(o) of the TSA is typically used in the context of block parties, street fairs, road races, sidewalk patios, or the grazing of undeveloped road allowances.
Beyond these two explicit grants of authority in the MGA and the TSA, there is little legislative or court guidance regarding other circumstances in which a municipality can close a road on a temporary basis.
In the case of an emergency, a municipality may have the authority to temporarily close a road, still by bylaw, because it is authorized to take whatever actions are necessary to eliminate an emergency (s. 551 of the MGA) and because municipalities have an obligation to keep roads in a reasonable state of repair (s. 532 of the MGA). However, a municipality’s authority to deprive the public of access to a road is going to be interpreted narrowly. For that reason, if a municipality is considering closing a road in the event of an emergency, it should ensure (1) it does so by bylaw, (2) it is for a limited duration, and (3) the emergency for which the road will be closed is an “emergency” within the meaning provided in the MGA (i.e., a situation in which there is imminent danger to public safety or of serious harm to property).
Other than to address an emergency or to mitigate against construction or maintenance hazards, or in situations where a closure is licensed and is limited, as provided for in section 13(1)(o) of the TSA, municipalities should avoid or be particularly cautious about proceeding with a temporary road closure. In all cases, the purpose of the closure must be carefully considered and the municipality should ensure that any procedural requirements (i.e., passing a bylaw) are met. If the purpose is valid, and all legislated procedures have been followed, then the municipality can go ahead and temporarily close a road.
To access Alberta Municipalities Casual Legal Helpline, Alberta Municipalities members can call toll-free to 1-800-661-7673 or send an %20casuallegal [at] abmunis.ca (email) to reach the municipal legal experts at Reynolds Mirth Richards and Farmer LLP. For more information on the Casual Legal Service, please call 310-MUNI (6864) or send an riskcontrol [at] abmunis.ca (email) to speak to Alberta Municipalities Risk Management staff. Any Regular or Associate member of Alberta Municipalities can access the Casual Legal Service.
DISCLAIMER: This article is meant to provide information only and is not intended to provide legal advice. You should seek the advice of legal counsel to address your specific set of circumstances. Although every effort has been made to provide current and accurate information, changes to the law may cause the information in this article to be outdated.
