Obligation of owners of land bordering a road under provincial competence

If you own land bordering a national, regional or collector road managed by the ministère des Transports et de la Mobilité durable (MTMD), you must comply with the following obligations. Your cooperation is essential to make sure the road corridor remains intact.

The road corridor is the traffic corridor that includes the road right-of-way ^{Read the content of the note 1} and the road that forms part of it, advertising signs and private driveways. The road corridor also includes nearby lots whose presence or use could have a direct or indirect effect on traffic and road user safety.

To find out if your property borders a road under provincial jurisdiction, consult the interactive map of MTMD’s road network (in French only) .

You must obtain the appropriate authorizations before undertaking any work within the right-of-way. Consult the following page to find out how to obtain them: Permis d’intervention sur le réseau du ministère des Transports et de la Mobilité durable (in French only) . 

In addition, your development or use of the right-of-way must comply with all applicable laws and regulations, including the Act respecting roads  and the Highway Safety Code . 

If work is carried out in the road right-of-way without authorization, or if it does not comply with the application, the MTMD may send you a written notice requiring you to make the necessary changes within a specific timeframe. If the work requested is not carried out within the time indicated, the MTMD may have it carried out at your expense. You may also be required to restore the site to its original condition.

The MTMD determines the location and construction requirements of the private driveway, so that it is both functional and safe for users. More specifically, it determines its width, configuration, length, and the diameter of the drainage pipe to be used.

The standards applicable to driveways are determined by their type (residential, commercial, industrial, agricultural, forestry or livestock).

Driveway configuration varies according to:

• its rural or urban location;

• the road geometry (slope, curve, ditch, etc.);

• the driveway geometry (embankment, excavation, etc.).

For further information, please contact the service centre of your region .

A poorly maintained driveway can damage the roadway and increase the risk of road collisions. That’s why you need to keep your driveway in good condition, as well as the drainage pipe beneath it, to facilitate the flow of surface water.

If the ditch running alongside your property is enclosed (with a pipe and fill), it’s also important to keep it in good condition, as it helps the road drain away. A well-maintained ditch allows roadway foundations to avoid subsidence.

To avoid clogging the ditch, you must avoid:

• Filling it with earth;

• Throwing in dead leaves;

• Throwing grass clippings into the ditch;

• Dumping snow.

If you wish to install a new mailbox, you must first inquire at your post office about Canada Post’s recommendations  for your proposed location. If Canada Post authorizes the installation of a new mailbox, and that this mailbox is located within the right-of-way of an MTMD highway, you must make sure you comply with all applicable standards and guidelines. 

Here are just a few of the rules:

• The box must not encroach on the shoulder of the road, so as not to interfere with road maintenance work or the safety of cyclists using the road.

• A mailbox located next to a driveway must be placed after the driveway, on the right-hand side when exiting the driveway, to increase the safety of mail delivery personnel.

• The post supporting the box should be made of wood, plastic, or light metal, and designed in such a way that it can tip over on impact.

• The box must be securely fastened to its support so that it cannot separate from it if struck by a road vehicle.

• The box must be free of reflectors or other elements that could confuse existing road signs or prevent their visibility and legibility.

For all the rules, see the leaflet on new rural mailboxes, Installation de nouvelles boîtes aux lettres en milieu rural (in French only) (PDF 2.13 Mb), or contact your local service centre.

It’s important to observe these rules, as mailboxes that are too close to the road can be damaged by maintenance vehicles. In addition, it’s not very safe for a postal worker to deliver mail if his or her vehicle can’t completely clear the traffic lane. The same risk applies to residents picking up their mail.

Fences, low walls, and lighting systems must not endanger road users. It’s also important to avoid collisions with these structures. For this reason, they must never be placed within the right-of-way.

Avoid planting trees or other types of fast-growing vegetation at the property line. These plants can impede visibility or risk falling onto the road.

To make sure children are safe, school shelters should be installed in the driveway and outside the right-of-way. This reduces the risk of vehicles hitting them.

To avoid impeding visibility, it is also important to install the shelter on the right-hand side of the driver leaving the driveway towards the front.

For safety reasons and to avoid damage, seasonal carports must be set back from the road right-of-way.

Advertising billboards must not encroach on the road right-of-way. In addition, they must not confuse or interfere with existing road signage. Note that, in some cases, roadside billboards are also subject to requirements, even if they are located outside the right-of-way.

To avoid installing any form of advertising that could contravene the laws and regulations in force, consult:

• The section Permis d’intervention sur le réseau du ministère des Transports et de la Mobilité durable (in French only)  or contact the service centre  in your region to find out about legislation governing billboard advertising.

• Roadside advertising act ;

• Act to prohibit commercial advertising along certain thoroughfares ;

• Act respecting roads ;

• Rural Mailbox Guidelines ;

• Your municipality  to find out about municipal signage regulations.

• The memo Affichage public et commercial (in French only) .