Idling By-law 2026-068

1.1 In this By-law, unless the context otherwise requires:

1. “Agricultural Vehicle” means a self-propelled implement of husbandry as defined by the Highway Traffic Act, R.S.O. 1990, c. H.8;
   
   
2. “Clerk” means the Clerk and his/or her designate of the Corporation;
   
   
3. “Corporation" means the Corporation of the Town of Bradford West Gwillimbury;
   
   
4. “Council” means the Council for the Corporation of the Town of Bradford West Gwillimbury;
   
   
5. “Driver” means the person in care and control of a vehicle. Driver shall also include the owner of the vehicle, even though the owner may not be in care and control of the vehicle at the time of the contravention of the by-law;
   
   
6. “Drive-through” means that portion of a commercial property that is designated as a drive-through on an approved site plan, and posted with appropriate signage as a drive-through;
   
   
7. “Electric Vehicle” means a Vehicle powered only by a battery or batteries;
   
   
8. “Idle” means the operation of a Vehicle engine while the Vehicle is not in motion and “idling” has a corresponding meaning;
   
   
9. “Layover” means a stopping point along a transit route for a maximum of 10 minutes to allow transit vehicles to adjust service schedules;
   
   
10. “Mobile Work Vehicle” means a Vehicle containing equipment that must be operated inside or in association with the Vehicle which includes but is not limited to garbage and snow removal Vehicles, or a Vehicle serving as a facility for taking measurements or making observations or conducting maintenance or construction;
    
    
11. “Officer” includes a person appointed and is responsible for the enforcement of the provisions of this By-law and may include his/her designate and includes:
    1. Municipal Law Enforcement Officers appointed by the Corporation; and
    2. Police Officers appointed under the Police Services Act;
       
       
12. “Park or parked” means the halting of a Vehicle, whether occupied or not, except when halted temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers;
    
    
13. “Person” means an individual, firm, corporation, association or partnership;
    
    
14. “Stop or stopped” means the halting of a Vehicle, even momentarily, whether occupied or not except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control sign or signal;
    
    
15. “Stopover” means a scheduled delay for a maximum of 10 minutes at a transit Vehicle terminal to allow transit Vehicles to adjust to service schedules;
    
    
16. “Town” means the Territorial Jurisdiction of the Town of Bradford West Gwillimbury;
    
    
17. “Vehicle” or “Motor Vehicle” means an automobile, a motorcycle, a motor assisted bicycle unless otherwise indicated in this by-law, and any other vehicle propelled or driven otherwise than by muscular power, but does not include a street car or other motor vehicle running only upon rails, a traction engine, a farm tractor, or a self-propelled implement of husbandry.

2.1. This by-law applies to:

1. Private property;
2. Public property; and
3. Road systems within the Town.

3.1. No person shall cause or permit a Vehicle to idle for more than five (5) minutes total in a sixty (60) minute period.

3.2. Sections 3.1 does not apply to the following:

1. All Police, Fire, or Ambulance Vehicles while engaged in operational activities;
   
   
2. Vehicles remaining motionless because of an emergency, traffic, rail crossing, drive through operation, adverse weather conditions or mechanical difficulties over which the driver has no control;
   
   
3. Mobile Work Vehicles in the course of being used for the function or purpose for which the Vehicle was designed;
   
   
4. Vehicles when idling is required by the manufacturer as part of the repair process or to prepare a Vehicle for service;
   
   
5. Vehicles while passengers are in the process of embarking or disembarking the Vehicle;
   
   
6. Transit Vehicles while at a layover or stopover with passengers on the bus. When there are no passengers on board, the engine shall be turned off provided the engine has been running at a high idle for up to five minutes to cool down;
   
   
7. Vehicles engaged in a parade or any other special event authorized by the Corporation;
   
   
8. Armoured Vehicles where a person remains inside the Vehicle while guarding the contents of the Vehicle or while the Vehicle is being loaded or unloaded;
   
   
9. Agricultural Vehicles while engaged in actual agricultural related uses such as the rearing of livestock and the production of crops;
   
   
10. Necessary municipal operations completed by or on behalf of the Corporation;
    
    
11. Vehicles, including hybrid or Electric Vehicles, that eliminate the emission of greenhouse gases and criteria air contaminants during the idling phase of the operation.
    
    
12. Vehicles transporting a person who for medical reasons the environmental surroundings of a person must be maintained at a certain temperature or humidity;
    
    
13. Vehicles where the ambient temperature outside of a Motor Vehicle is more than 29 degrees Celsius (29*C) or less than 0 degrees Celsius (0*C).
    
    
14. Vehicles operating in order to comply with requirements of the Highway Traffic Act including but not limited to the requirement that the driver of a Vehicle have a clear view to the front, side and rear of the Vehicle through the windshield and windows, and requirements that operators perform proper inspection and maintenance checks; and
    
    
15. Vehicles that are required to idle in order to keep in operation a heating or refrigeration system necessary for the welfare of a person or preservation of the cargo contained therein;

4.1. The Corporation of the Town of Bradford West Gwillimbury’s Power of Entry By-law applies to the enforcement of this By-law and establishes the powers and conditions for an officer conducting an inspection and exercising a power of entry onto land within the Town of Bradford West Gwillimbury.

5.1. Every person who contravenes any provision of this By-law is guilty of an offence and upon conviction is liable to a fine as provided for by the Provincial Offences Act, R.S.O. 1990, Chapter c. P. 33, as amended.

5.2. Every director or officer of a corporation who knowingly concurs in the contravention of any provision of this by-law is guilty of an offence.

6.1. Notwithstanding any section, subsections, clause, paragraph or provision of this By-law, or parts thereof may be declared by a court of competent jurisdiction to be invalid, unenforceable, illegal or beyond the powers of Council to enact, such section or sections or parts thereof shall be deemed to be severable and that all other sections or parts of this By-law are separate and independent therefrom and enacted as such as a whole. Same shall not affect the validity or enforceability of any other provisions of this By-law or of the By-law as a whole.

7.1. This By-law may be referred to as the “Idling Control By-law”.

8.1. For the purposes of this By-law, the schedules attached hereto form part of this By-law.

9.1. This By-law shall come into force and effect on August 5, 2026.

Enacted August 5, 2026.

Original signed by Tara Reynolds, Clerk and James Leduc, Mayor.