All my posts are in yellow, and important information pertaining to the particular quote is in red.
According to the Highway Traffic Act of Ontario the part that governs tolls in the Province of Ontario is as follows:
PART X.1
TOLL HIGHWAYS
Definitions, Part X.1
191.1 In this Part,
“electronic toll system” means all of the equipment, including the toll devices prescribed under clause 191.4 (a), that is used to electronically determine the amount of tolls owed and who owes them; (“système de péage électronique”)
“toll highway” means Highway 407 as defined in the Highway 407 Act, 1998 and any other highway designated as a toll highway under any Act. (“voie publique à péage”) 1996, c. 1, Sched. E, s. 2 (3); 1998, c. 28, s. 67 (1).
Toll device required
191.2 (1) No person shall drive a motor vehicle on a toll highway unless a validated toll device, as prescribed under clause 191.4 (a), is affixed to the vehicle in accordance with the regulations made under clause 191.4 (b). 1996, c. 1, Sched. E, s. 2 (3).
Validation of toll device
(2) For the purpose of subsection (1), a validated toll device is a toll device that is validated under the Capital Investment Plan Act, 1993 or a toll device that is validated under the Highway 407 Act, 1998. 1998, c. 28, s. 67 (2).
Evasion, etc., of electronic toll system
191.3 (1) No person shall engage in an activity or use any device or material for the purpose of evading, obstructing or interfering with the effective operation of an electronic toll system. 1996, c. 1, Sched. E, s. 2 (3).
Powers of police officer
(2) A police officer may at any time, without a warrant, stop, enter and search a motor vehicle that he or she has reasonable grounds to believe is equipped with or carries or contains a device or material contrary to subsection (1) and may seize and take away any such device or material found in or upon the motor vehicle. 1996, c. 1, Sched. E, s. 2 (3).
Forfeiture of device, material
(3) When a person is convicted of an offence under this section, any device or material seized under subsection (2) by means of which the offence was committed is forfeited to the Crown. 1996, c. 1, Sched. E, s. 2 (3).
Sale of interference device prohibited
(4) No person shall sell, offer or advertise for sale any device or material that is designed or intended to interfere with the effective operation of an electronic toll system. 1996, c. 1, Sched. E, s. 2 (3).
Regulations, toll devices
191.4 The Lieutenant Governor in Council may make regulations,
(a) prescribing toll devices for the purpose of section 191.2;
(b) prescribing the manner in which the toll devices shall be affixed in or on a motor vehicle;
(c) exempting any vehicle or class of vehicles from the application of section 191.2. 1996, c. 1, Sched. E, s. 2 (3).
So yes, you are right in saying that it is illegal to put up a toll booth in the Province of Ontario, with the exception of Highway 407, which we all know was leased to a private consortium by the Harris Government in 1999 for 35 years.
Spanky said:
So, what happens when someone refuses to pay?
Couchiching First Nation put up their controversial toll booth late this afternoon at the west end of the Noden Causeway on Highway. #11.
While originally set to go up at noon, delays meant that the booth wasn’t set up until almost 4 p.m. with Couchiching Chief Chuck McPherson, alongside Coun. Dan Mainville the first to step into the booth to collect the first tolls.
The first cars to go through who paid were met with applause from the dozens of Couchiching community members who lined the side of the road . Other vehicles chose to drive through, refusing to pay a cent.
No one is required to pay while passing through this part of Highway 11, only encouraged to support the cause in which the First Nations are informing motorists, as pointed out below
Letters were given out to those in the passing vehicles to mail along to Indian and Northern Affairs Minister,Chuck Strahl. The letters urged action on the issues which are the motivation behind the band’s decision to put up the toll booth—contaminated soil, and compensation for the land Highway #11 sits upon.
recceguy said:
Enabling domestic terrorism. It's what the McSquinty liebral government has done since they took power. They are ignoring the problem and will denounce the next government that is sure to take their place, for doing something about it. These people and groups are criminals and domestic terrorists. The sitting government doesn't have the balls to apply the letter of the law equally to everyone in the province. If you are a tax paying citizen, you have no rights. If you are aboriginal, you can take over huge tracts of land, from said tax paying citizens by violence. Steal their houses and their property, with the help of the Ontario Provincial Police and sitting McSquinty liebral government and you will not be prosecuted, in fact, you will be rewarded.
The OPP, their boss Fantino and McSquinty have no stomach to confront these terrorists head on and apply the rule of law availed to all citizens of this country and province. There are two sets of rules in Bantario. One for the taxpayer, and none for terrorist aboriginals.
We pay taxes for unencumbered access to the roads that we pay for. Anyone restricting said access is breaking the law, and should be arrested post haste, on the spot and the thoroughfare kept open. However, our OPP, Fantino and McSqunty's liars don't have the balls to deal with criminals. They have abdicated the rights and soverienty of the tax paying citizens, to low life terrorists and criminals, for political expediency and culpability.
Bantario is a sad province, led by sad, ineffectual and useless zombies, with no guts and no balls. It has become a province held captive by special interest groups, criminals and terrorists, led by an ineffectual cabal of useless gluebags.
Following the band’s action, individual O.P.P. vehicles drove past the toll booth at various intervals and then at approximately 6:15 p.m, uniformed officers parked off of the highway and proceeded on foot to speak with members of the public who were present.
O.P.P. officers handed out notices to participants directing them to “discontinue [their] interference with traffic and disperse immediately,” as well as took the names of those people who willingly gave them.
The hand-out read: “The public has a legal right to free and uninhibited passage on highways in the Province of Ontario. Your actions constitute a deliberate interference with traffic on this thoroughfare, which is illegal and cannot be permitted. Criminal charges may result if this activity continues.”
Listed as possible charges the police might lay included: Obstructing police, breach of peace, causing a disturbance, mischief, intimidation, refuse to accompany a police officer off a highway prohibited to pedestrians.
“These offences are punishable upon conviction by fine and/or imprisonment. Additionally, the Highway Traffic Act authorizes for the towing and impounding of your vehicle under these circumstances."
Following this, O.P.P. officers dispersed from the area.
Despite the legal consequences, many band members remained at the site, awaiting to take their turn in the booth.
“I was nervous but I was also excited, so it was a combination of the two,” Coun. Sarah Mainville said about her feelings as the community put up the toll booth.
“The nervousness is because of the safety issues. I wanted to make sure logistically that it seemed safe and when I saw the first truck go through I was happy to see that it went through safely,” she added.
For many members, standing in the toll booth is going to be a source of pride, a way to give back to the community, said Mainville, although she did recognize how the toll booth is controversial to some people.
“I don’t think it’s hardship on each individual going by. Most of us carry spare change in our vehicles and its just a matter of putting your spare change together and supporting what we’re trying to do,” she added.
“We’re still in discussions with government, Ontario and Canada,” Mainville noted, “And [the toll booth] seems to be working, and it seems to be working peacefully. But there’s still safety issues.”
“The best solution is for the three governments, the First Nation government, the Canadian government, the provincial government and work through these issues together,” she said.
Earlier this morning, Chief Chuck McPherson and Coun. Dan Mainville were in discussion with the province in Winnipeg concerning compensation for the land which Hwy. #11 was built on.
This offer included some cash and unspecified economic development opportunities, stated Chief McPherson early in the afternoon at a press conference before the toll booth went in. The council will be considering the proposal, but Chief McPherson also stated that the community wants something on an annualized basis—and right now the province is not prepared to go there.
Meanwhile, when it comes to a federal response Couchiching First Nation leadership said that as of this evening Chuck Strahl finally did contact them for the second time since they announced plans for the toll booth—the first time being this morning, when he phoned to say he was in transit and would speak with them at 5 p.m. today.
From this 5 p.m. conversation, Strahl has promised “no more studies and no more testing,” said Coun. Christine Jourdain, when it comes to the contaminated grounds which six residences are located on.
Strahl has also promised to “come down and come to a resolution about what’s supposed to happen with these affected residents,” noted Jourdain.
“I even teased him and said I had a home for him to live in,” she said, referencing one of the family homes at the contaminated site whose residences have relocated into town instead of risking living there.
"[Strahl] says he can’t promise this upcoming week because their cabinet is sitting, but as soon as he’s available he’ll let us know and come visit us.”
But for now, the toll booth stands.
The toll is $1 each way for passenger vehicles and $10 for commercial ones, with monthly passes also to be available for $25 and $100, respectively.
Dealing with an issue as complex as this requires more than just kicking them off the road; Doing so will just create a short term solution and does nothing to address the underlining issue which drove the First Nations to be there in the first place.
I am not condoning their actions, but having a delicate hand in dealing with this issue will go a long way to smooth relations for a longer period of time.
Thats just my two cents
