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Roadway Includes Signage:
Involves the Interpretation of Signage As Roadway Infrastructure
Last Updated: August 22 2026
Question: Do Ontario municipalities have to maintain road-related signs like stop signs under the Municipal Act, 2001?
Answer: If you’re dealing with an Ontario injury or damage claim tied to a missing or poorly maintained stop sign, sidewalk, boulevard, ditch, or other roadway feature, PKM Legal Services can help a paralegal explain how “highway”/“roadway” is interpreted under the Municipal Act, 2001 and how signage can be treated as part of the roadway that municipalities must keep in repair so travellers using ordinary care can do so with safety. The Supreme Court of Canada in The Queen v. Jennings et al., [1966] S.C.R. 532, supports that failure to maintain required traffic control signs can amount to a breach of the duty to keep the highway in repair, and that can matter for liability and notice timelines. For a quick case fit and next steps, call (519) 410-5250.
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Understanding That the Definition of Roadway Includes Signage
Note: Please contact PKM Legal Services by phone at: (519) 410-5250 to discuss any specific questions that you may have.
When involved in litigation that requires a legal interpretation of the term "highway", which is synonymous to the word "roadway" in the context of municipal law, it is necessary to broadly review the terms used within the Municipal Act, 2001, S.O. 2001, Chapter 25, as well as to review precedent case decisions . Upon review of what constitutes as the "roadway", much more than just the roadway surface is deemed included whereas prior decisions confirm that a sidewalk, a boulevard, a ditch, and other portions of the roadway infrastructure form the overall "roadway". Among the overall infrastructure forming the "roadway" is signage. Although a case decision arising prior to the enactment of the current Municipal Act, 2001, the case of The Queen v. Jennings et al., [1966] S.C.R. 532, provides instruction on the interpretation of signage as an element of the "roadway" requiring maintenance by a municipality. Specifically, within the Jennings case it was said:
The appellant contends that failure to maintain a stop sign as required by the relevant statute and regulations does not amount to “default to keep the King’s Highway in repair”. In the Courts below this submission has been unanimously rejected and, in my opinion, rightly so. It has been repeatedly held in Ontario that where a duty to keep a highway in repair is imposed by statute the body upon which it is imposed must keep the highway in such a condition that travellers using it with ordinary care may do so with safety. The danger created by the failure to maintain the required stop signs marking a through highway is too obvious to require comment.
Conclusion
The term "highway" under the Municipal Act, 2001, which also includes the term "roadway", involves elements of the roadway beyond just roadway surfaces and includes boulevards, sidewalks, ditches, and signage; and accordingly, a municipality may be liable for injury or damage that arises from a failure to maintain signs.
NOTE: A significant number of online searches for “lawyers near me” or “best lawyer in” typically indicate a desire for prompt and competent legal assistance, rather than a particular designation. In Ontario, the Law Society that governs lawyers also regulates licensed paralegals, who are permitted to represent clients in specific litigation contexts. Key components of this position include advocacy, legal scrutiny, and procedural expertise. PKM Legal Services offers legal representation within its licensed framework, focusing on strategic positioning, evidence preparation, and persuasive advocacy aimed at attaining effective and advantageous outcomes for clients.
