(2) A municipality that defaults in complying with subsection (1) is, subject
to the Negligence Act, liable for all damages any person sustains because of
(3) Despite subsection (2), a municipality is not liable for failing to keep
a highway or bridge in a reasonable state of repair if,
(a) it did not know and could not reasonably have been expected to
have known about the state of repair of the highway or bridge;
(b) it took reasonable steps to prevent the default from arising; or
(c) at the time the cause of action arose, minimum standards estab-
lished under subsection (4) applied to the highway or bridge and to
the alleged default and those standards have been met.
(4) The Minister of Transportation may make regulations establishing minimum standards of repair for highways and bridges or any class of them.
General or specific
(5) The minimum standards may be general or specific in their application.
Adoption by reference
(6) A regulation made under subsection (4) may adopt by reference, in
whole or in part, with such changes as the Minister of Transportation considers desirable, any code, standard or guideline, as it reads at the time the regulation is made or as it is amended from time to time, whether before or after
the regulation is made.
(7) Repealed: 2002, c. 24, Sched. B, s. 25.
Untravelled portions of highway
(8) No action shall be brought against a municipality for damages caused by,
(a) the presence, absence or insufficiency of any wall, fence, rail or bar-
rier along or on any highway; or
(b) any construction, obstruction or erection, or any siting or arrange-
ment of any earth, rock, tree or other material or object adjacent
to or on any untravelled portion of a highway, whether or not
an obstruction is created due to the construction, siting or
(9) Except in case of gross negligence, a municipality is not liable for a personal injury caused by snow or ice on a sidewalk.
(10) No action shall be brought for the recovery of damages under subsection (2) unless, within 10 days after the occurrence of the injury, written
notice of the claim and of the injury complained of, including the date, time