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The Public Schools Amendment Act (Pedestrian Safety at New Schools)

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S.M. 2015, c. 21

Bill 203, 4th Session, 40th Legislature

The Public Schools Amendment Act (Pedestrian Safety at New Schools)

(Assented to June 30, 2015)

WHEREAS the opening of a new school results in increased pedestrian activity and changes in traffic flow;

AND WHEREAS a thorough traffic safety analysis at the location of a new school is required to determine if new traffic control measures are required around the new school and all necessary changes are implemented before the new school opens;

AND WHEREAS the tragic death of Carina Denisenko shortly after the opening of Northlands Parkway Collegiate in Winkler highlights the need to ensure that all necessary traffic control measures are in place before a new school opens;

THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. P250 amended

1           The Public Schools Act is amended by this Act.

2           Subsection 1(1) is amended by adding the following definition:

"traffic authority" means a traffic authority as defined in The Highway Traffic Act; (« autorité chargée de la circulation »)

3           The following is added after section 68.2 and before the centred heading "BUILDINGS AND OTHER PROPERTY":

PEDESTRIAN SAFETY

Pedestrian safety part of school design

68.3(1)     During the planning of a new school, pedestrian safety must be taken into account when selecting the school site and during all stages of the school design process.

Consultation with traffic engineers

68.3(2)     Traffic engineers or other persons with recognized traffic safety qualifications must be consulted at the start of the school design process and throughout the process.

Notice to traffic authority

68.4(1)     When the finance board has approved the construction of a new school or a significant expansion to an existing school, the responsible school division must notify the traffic authority responsible for each road and highway that borders the school site.

Pedestrian and traffic safety analysis required

68.4(2)     After being advised of the approval, the traffic authority must conduct an analysis of the roads and highways that border the school site to determine if any changes should be made or recommended to address increased pedestrian activity and traffic flow once the new or expanded school is in use.

Considerations

68.4(3)     The pedestrian and traffic safety analysis must include a review of speed limits and a consideration of whether new infrastructure or traffic control devices, such as signs, crosswalks and pedestrian corridors, are required on roads and highways that border the school site.

Notice of recommendations

68.4(4)     Based on the results of the pedestrian and traffic safety analysis, the traffic authority must provide the school division with written notice of all changes it believes are appropriate to address pedestrian and traffic safety when the new or expanded school is in use.

Timeline to implement changes

68.4(5)     The traffic authority must provide the school division with a list of the changes that it will implement and the time line for implementing each change.

Application to Highway Traffic Board

68.4(6)     If the traffic authority recommends a change to a speed limit that requires the approval of The Highway Traffic Board, the traffic authority must apply to The Highway Traffic Board for approval of the recommended change in speed limits.

Temporary safety measures

68.5(1)     If a new or expanded school is used before a traffic authority has implemented all changes that it recommended or before The Highway Traffic Board has made a decision on a proposed change in speed limits, the traffic authority — after consulting with the school division — must implement any temporary pedestrian and traffic safety measures that it considers appropriate.

Duration of temporary safety measures

68.5(2)     The traffic authority must maintain any temporary safety measures until it has implemented all recommended changes and, where applicable, The Highway Traffic Board has made a decision on a proposed change in speed limits.

Coming into force

4           This Act comes into force on the day it receives royal assent.