April 2011 Steps to Approve Municipal Traffic Regulations under Section 189 and 190 of the Highway Traffic Act Draft regulations must be forwarded to the Minister of Municipal Affairs and copied to the Minister of Transportation and Works (TW) by the Municipality concerned. Section 413 (2) of the Municipalities Act, 1999 states - A copy of all regulations adopted by a council and certified by the clerk shall be sent to the minister by the clerk within 14 days of their adoption by council. Regulations are then forwarded to TW Policy, Planning and Evaluation (PPE) Division to be given a preliminary policy review by assigned PPE staff person. If fundamental problems exist with regulations PPE staff person will advise Municipality directly by telephone. PPE staff person will determine if an Order approving previous regulations was issued by Minister of Transportation and Works or one of his/hers predecessor Ministers. Once preliminary review is complete, regulations are forwarded to Legal Counsel for review. PPE staff person advises if Order exists and provides a copy of the same. If not, a draft Order in the form attached as Schedule A, is generated and forwarded to Legal Counsel for review. When completed, Legal Counsel forwards the results of the review to the originating PPE staff person. If regulations are approved, the Order in the form of Schedule A and letter of approval is signed by the Minister and forwarded to Municipality. The Municipality must contact the Office of the Queen’s Printer to gazette the regulations before they come into effect. The Queen’s Printer can be reached by telephoning 729-3649. If Legal Counsel has comments regarding the draft regulations PPE staff person will advise municipality. When revised regulations are received, the above steps, as appropriate and necessary will be followed until regulations are acceptable (as to form and content) and approval to gazette is given. April 2011 Schedule “A” Department of Transportation and Works ORDER In accordance with the provision of section 189, the Highway Traffic Act, R.S.N. 1990, c. H-3, power is hereby delegated to the to make regulations to have effect only within the limits of the municipality and only in respect of those roads, streets, lanes, sidewalks and bridges within the municipality, the ownership, management or control of which is vested in the municipality, for any of the purposes of section 189. In accordance with the provisions of section 190, the Highway Traffic Act, R.S.N. 1990, c. H-3, approval generally is given the Council to exercise the power, with respect to particular traffic signs or classes of traffic signs to place traffic signs on a road, street, lane, sidewalk or a bridge, within the municipality as per section 190. This authority is restricted to non-moving violations only. In Witness Whereof I have set my signature and caused the Seal of the Department of Transportation and Works to be affixed at St. John’s, in the Province of Newfoundland and Labrador the day of , 20 . ______________________________ Minister of Transportation and Works