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Roadway Issues Beyond Surface Concerns:
Infrastructure Elements Such As Signage and Lighting, among other things
Last Updated: August 26 2026
Question: How does the Municipal Act, 2001 define a “highway” and does it include things like signage and lighting for municipal liability in Ontario?
Answer: Wennekers.Legal™ can help you understand how a roadway is treated as a “highway” under the Municipal Act, 2001, including that it covers more than the driving surface and may include bridges or other structures forming part of the highway. Ontario law also supports that municipalities’ repair duties can include maintaining proper signs and illumination, which matters for claims about failures to keep an intersection in a reasonable state of repair, such as the reasoning discussed in Municipal Act, 2001, S.O. 2001, c. 25 and in Azzeh v. Legendre, 2017 ONCA 385 and Ontario (Minister of Highways) v. Jennings, 1966 CanLII 11 (SCC), [1966] S.C.R. 532. If you are dealing with an injury or road-safety concern, call (647) 701-1162 to discuss your situation with professional legal services in Ontario.
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Defining Roadways Per the Municipal Act, 2001
The interpretation of a roadway as a "highway" per the Municipal Act, 2001, S.O. 2001, Chapter 25, is crucial for understanding municipal liability concerns. Laypeople will often confuse the term "highway" as meaning a major expressway such as the 400 series highways throughout Ontario; however, the term "highway", when used in law, refers to almost all roads, streets, cul-de-sacs, etc. Furthermore, the legal definition of a roadway involves much more than just the driving surface and includes other infrastructure elements including signage, lighting, among other things. Municipal Act, 2001, explicitly defines a highway as:
Note: Please contact Wennekers.Legal™ by phone at: (647) 701-1162 to discuss any specific questions that you may have.
Interpretation
1 (1) In this Act,
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"highway” means a common and public highway and includes any bridge, trestle, viaduct or other structure forming part of the highway and, except as otherwise provided, includes a portion of a highway;
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Furthermore, the definition of roadway involves much more than just consideration for the nature of the type of road whereas the roadway surface is just one aspect of the infrastructural elements that the law deems as consisting the overall roadway. Additional infrastructure elements include signs, lighting, etc. The interpretation of roadway as including infrastructural elements beyond just the roadway surface was addressed within Azzeh v. Legendre, 2017 ONCA 385, where it was said:
[55] I would respectfully disagree that Bayden's claim does not include maintenance or repair issues. In Ontario (Minister of Highways) v. Jennings, 1966 CanLII 11 (SCC), [1966] S.C.R. 532, [1966] S.C.J. No. 31, the Supreme Court held that a municipality's duty of repair includes erecting and maintaining proper signs. Bayden's statement of claim against the city includes claims of failure or neglect to have adequate signs and lighting at the intersection; failure to warn motorists of the lack of illumination; and a claim that the city "allowed the area to become an area of danger when they could have prevented same by the exercise of reasonable care and diligence, including modifications to the road and/or signs and/or lights". Just as the alleged failure to have proper signage is considered a repair issue, as it was in Jennings, so too it seems to me is a failure to have proper illumination. Thus, the claims against the city include claims for failing to keep the intersection in a reasonable state of repair.
Conclusion
In summary, interpreting a roadway as a "highway" under the Municipal Act, 2001, involves understanding the expanded responsibilities that municipalities hold, including maintenance of the signage and lighting that forms elements of the overall roadway infrastructure. Municipalities, in addition to duties to keep the roadway surface in a proper state of repair, are also required to maintain the other elemental aspects of the roadway including the signage and lighting, among other things.
NOTE: A substantial amount of online searches for “lawyers near me” or “best lawyer in” typically indicate a demand for swift and effective legal assistance as opposed to a particular professional designation. In Ontario, the same Law Society that governs lawyers also regulates licensed paralegals, granting them the authority to represent clients in specific litigation cases. Central to this role are advocacy, legal analysis, and procedural expertise. Wennekers.Legal™ provides legal support within its licensed framework, focusing on strategic positioning, evidence preparation, and compelling advocacy aimed at securing efficient and advantageous outcomes for clients.
