TORONTO MUNICIPAL CODE

CHAPTER 447, FENCES

Chapter 447
FENCES

ARTICLE I
Private Property
447-1. Definitions.
447-2. Restrictions on fences; height.
447-3. Swimming pool enclosures.
447-4. Offences.
447-5. Exemptions.
447-6. Conflicting provisions.
447-7. Transition.
ARTICLE II
Fence-Viewers
447-8. Term of office.
447-9. Remuneration.
447-10. Winter months exclusion.
447-11. Fees.
Schedule A, Site Specific Exemptions
[HISTORY: Adopted by the Council of the City of Toronto as indicated in article histories.
Amendments noted where applicable.]
GENERAL REFERENCES
Fencing of construction and demolition sites - See Ch. 363, Art. III.
Development of land - See Ch. 415.
Fees and charges - See Ch. 441.
Ravine protection - See Ch. 658.
Education Act - See R.S.O. 1990, c. E.2.
Line Fences Act - See R.S.O. 1990, c. L.17.
Ontarians with Disabilities Act, 2001 - See S.O. 2001, c. 32.

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CHAPTER 447, FENCES
ARTICLE I
Private Property
[Adopted 2000-07-06 by By-law No. 472-20001]
447-1. Definitions.
As used in this article, the following terms shall have the meanings indicated:
COMMUNITY COUNCIL - As defined in Chapter 27, Council Procedures. [Added 2008-07-17
by By-law No. 793-2008]
DRIVEWAY - Any space on private property used or intended to be used by vehicles to park or
to access parking. [Added 2008-07-17 by By-law No. 793-2008]
FENCE - A barrier, including one for noise attenuation, or any structure, except a structural part
of a building, that wholly or partially screens from view, encloses or divides a yard or other land,
or marks or substantially marks the boundary between adjoining land, and includes any hedge or
shrub that has the same effect. [Amended 2000-10-05 by By-law No. 869-2000; 2004-06-24 by
By-law No. 557-2004; 2008-07-17 by By-law No. 793-2008]
FLANKAGE YARD - The space, extended to the rear lot line, between the longer lot line
abutting a public highway and the nearest wall of the main building on a corner lot. [Amended
2000-10-05 by By-law No. 869-2000]
FRONT LOT LINE - The front boundary line between a public highway and any private
property measured along the full width of the property. [Added 2004-05-20 by By-law No. 4022004]
FRONT YARD - The space, extended to the full width of the lot, including any side lot lines,
between the main front wall of the building and the lot line abutting a public highway, but on a
corner lot means the space, extended to the full width of the lot, including any side lot line,
between the shorter lot line abutting a public highway, other than a public lane, and the nearest
wall of the main building on the lot. [Amended 2004-05-20 by By-law No. 402-2004]
GUARD - The same meaning as Chapter 629, Property Standards, which, for reference purposes
only, means a protective barrier, with or without openings through it, that is around openings in
floors or at the open sides of stairs, landings, balconies, mezzanines, galleries, raised walkways
or other locations to prevent accidental falls from one level to another. [Added 2008-07-17 by
By-law No. 793-2008]
HEIGHT - Vertical distance above grade or, if another reference point is specified, vertical
distance above the other reference point.
1

Editor's Note: This by-law was passed under the authority of paragraphs 25, 28 and 30 of section 210 of the Municipal Act, R.S.O. 1990,
c. M.45. This by-law also provided as follows: (1) Except as provided in (2), the following by-laws are repealed: By-law No. 81-89 of the
former Borough of East York, as amended; By-law No. 19-94 of the former Borough of East York, as amended; Article I, Fencing, of
Chapter 234, Swimming Pools, of the Municipal Code of the former City of Etobicoke; By-law No. 30901 of the former City of North
York, as amended; By-law No. 18439 of the former City of Scarborough, as amended; By-law No. 24945 of the former City of
Scarborough, as amended; Article II, Height and Description of Boundary Fences, of Chapter 182, Fences, of the Municipal Code of the
former City of Toronto; Chapter 318, Swimming Pools, of the Municipal Code of the former City of Toronto; Chapter 794, Fence Height - Description, of the Municipal Code of the former City of York; Chapter 796, Fence - Outdoor Swimming Pool, of the Municipal
Code of the former City of York; and By-law No. 394-2000. (2) Despite (1), where a person is alleged to have contravened a by-law listed
in (1) prior to the date this article comes into force, the by-law listed in (1) shall continue to be in full force and effect for the purposes of
any enforcement proceedings brought against such person until the proceedings have been concluded.

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CHAPTER 447, FENCES
LOT LINE - A lot line is the boundary line on all sides of a lot that marks the division of
properties. [Added 2004-05-20 by By-law No. 402-2004]
MULTIPLE RESIDENTIAL PROPERTY - Land other than single residential property that is
used for residential purposes only and includes land used for hotels and vacant land abutting
multiple residential property.
NON-CLIMBABLE - Describes a 1.2-metre vertical face presented to the exterior of a
swimming pool enclosure. For an enclosure of chain link construction, means a mesh which is no
greater than 38 millimetres square for a minimum of 1.2 metres vertically. For all other
enclosures, means that there is no horizontal opening or step greater than 38 millimetres in width
for 1.2 metres vertically, or where horizontal components are a minimum of 1.2 metres apart
there shall be no opening greater than 100 millimetres. [Added 2010-08-27 by By-law No. 9942010]
NON-RESIDENTIAL PROPERTY - Land that is used for other than residential purposes and
includes land used for both residential and other purposes and vacant land abutting nonresidential property.
OFFICER - Any City employee assigned responsibility for enforcing this article.
OPEN-FENCE CONSTRUCTION - Fence construction that provides motorists and pedestrians
with an unobstructed view of people, vehicles and their movements through the entire length of
the fence. [Added 2008-07-17 by By-law No. 793-2008]
OUTSIDE - When used with reference to a swimming pool enclosure, means the side external to
the enclosed area in which the pool is located.
OWNER - Includes the registered owner of any property; the person for the time being managing
or receiving the rent of the land or premises in connection with which the word is used, whether
on the person's own account or as agent or trustee of any other person, or who would so receive
the rent if such land and premises were leased; and a lessee or person in charge of the property.
PARKING LOT - A driveway, not on single residential property, intended for the parking of
vehicles. [Added 2008-07-17 by By-law No. 793-2008]
PERSON - An individual, sole proprietorship, partnership, limited partnership, trust or body
corporate, or an individual in his or her capacity as a trustee, executor, administrator or other
legal representative.
PUBLIC HIGHWAY - Any highway and includes any street, road, sidewalk, boulevard, lane or
any other portion of a highway. [Added 2004-05-20 by By-law No. 402-2004]
SCHOOL - The same meaning as in subsection 1(1) of the Education Act. [Added 2003-09-24
by By-law No. 985-2003]
SINGLE RESIDENTIAL PROPERTY - Land that is used for not more than two dwelling units
in a detached or semi-detached building and vacant land abutting single residential property.
SNOW FENCE - Any fence used to force drifting snow to accumulate in a predictable place, and
which is usually constructed of plastic mesh, lightweight woodstrip, or wire fencing. [Added
2007-11-20 by By-law No. 1240-2007]
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CHAPTER 447, FENCES
SWIMMING POOL - Any outdoor structure or thing located on privately owned property that is
capable of being used for swimming, wading or bathing and in which the water depth at any
point can exceed 600 millimetres.
SWIMMING POOL ENCLOSURE - A fence, wall or other structure, including any permitted
door, gate or other opening, which surrounds and restricts access to an outdoor swimming pool.
TIMED SELF-CLOSING DEVICE - A mechanism by which a door or gate is returned to the
closed and locked or latched position after a specified period of time. [Added 2007-11-20 by Bylaw No. 1240-2007]
TRIGGERED SELF-CLOSING DEVICE - A mechanism by which a door or gate is returned to
its closed and locked or latched position when triggered by a passing vehicle or person and
includes, but is not limited to, magnetic loop detectors. [Added 2007-11-20 by By-law No.
1240-2007]
447-2. Restrictions on fences; height.
A.

Prohibited fences.
(1)

No person shall erect, own or maintain, or cause or permit the erection or

maintenance of, any fence on private property in the City of Toronto that does not
comply with this article and with any other applicable law.

(2)

No barbed wire, chicken wire or other barbed or sharp material shall be used in any
fence unless the fence is permitted by Subsection B to exceed 2.5 metres in height
and the barbed or sharp material is installed at a height of not less than 2.5 metres on
metal brackets inclined towards the enclosed area at an angle of 45 degrees.

(3)

No sheet metal or corrugated metal panels shall be used in any fence.

(4)

No fence or attachment to a fence shall be used as a conductor of electricity unless the

fence is located on agricultural land that is in actual use for raising livestock and the
fence or attachment:
(a)

Carries electricity of not more than 12 volts;

(b)

Is designed and installed only to contain livestock; and

(c)

Has signs installed at not more than twelve-metre intervals along the fence
warning that the fence carries electricity.

(5)

No person shall erect, own or maintain, or cause or permit the erection or

maintenance of any fence that uses materials not usually intended for use in
permanent fencing, unless specifically permitted by this or another by-law. [Added
2007-11-20 by By-law No. 1240-2007]

(6)

Notwithstanding Subsection A(5), a snow fence may be used on private property

between November 15 and April 15, and shall comply with all corresponding
standards in this and other by-laws. [Added 2007-11-20 by By-law No. 1240-2007]

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CHAPTER 447, FENCES
B.

Fence height.
(1)

No fence described in the following Table shall, when measured at any point along its
length from the average grade level measured perpendicular to and one metre away
on either side of the fence, exceed the height set out in the Table for the fence.
[Amended 2004-06-24 by By-law No. 557-2004]

(2)

Where more than one description in the following Table applies to a fence, each part
that corresponds to a single description shall be deemed to be a separate fence for the
purpose of determining the maximum height for that part.

(3)

(Reserved)2

(4)

Despite Subsection B(1), a fence at any school shall not exceed 1.5 metres in height if
the fence is adjacent to a public highway or right-of-way. [Added 2003-09-24 by Bylaw No. 985-2003]

TABLE 1
MAXIMUM HEIGHT OF FENCES
[Amended 2004-06-24 by By-law No. 557-2004; 2008-07-17 by By-law No. 793-2008]

Description of Fence

Fence on
Single or Multiple
Residential
Property

Fence on
Non-Residential
Property

Fence in front yard within 2.4 1.2 metres

metres of front lot line

1.2 metres

Fence in front yard not

1.2 metres
within 2.4 metres of front lot
line

1.2 metres

Fence in flankage yard within 2.0 metres

2.4 metres of side lot line and
within 2.4 metres of any
driveway

2.0 metres

Fence in flankage yard not

within 2.4 metres of side lot
line and within 2.4 metres of
any driveway

2.5 metres

2 metres

Editor's Note: Former 447-2B(3), which contained a height exception for fences in front or flankage yards, was repealed May 20,
2004 by By-law No. 402-2004.

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CHAPTER 447, FENCES
Fence on
Single or Multiple
Residential
Property

Fence on
Non-Residential
Property

Fence on unroofed deck and

not in a front or flankage
yard

2 metres above
surface of deck

2 metres above surface

of deck

Fence abutting multiple

residential property and not
in a front or flankage yard

2.5 metres

2.5 metres

Fence abutting nonresidential property

2.5 metres

2.5 metres

Fence not in front yard or

2.5 metres
flankage yard abutting public
highway or public walkway

2.5 metres

Fence abutting rapid transit

right of way

2.5 metres

No maximum

Fence for tennis court,

baseball diamond or other
recreational facility

3 metres

No maximum

Any other fence

2 metres

2.5 metres

Description of Fence

C.

Open-fence construction required. [Added 2008-07-17 by By-law No. 793-2008]

Despite Table 1:
(1)

Any fence within 2.4 metres of any driveway shall be an open mesh chain-link fence
or of an equivalent open-fence construction for at least 2.4 metres from the lot line at
which the driveway begins so as not to obstruct the view of the boulevard or
highway; and

(2)

In the case of a parking lot, any fence shall be an open mesh chain-link fence or of an
equivalent open-fence construction anywhere it may otherwise restrict the sight lines
of vehicular or pedestrian traffic in the parking lot.

C.1. Obstructions prohibited. [Added 2008-07-17 by By-law No. 793-2008]

No vegetation shall be permitted to grow or object permitted to be placed in such a way as
to obstruct the view through a fence under 447-2C.
D.

Fence to meet guard requirements. [Added 2008-07-17 by By-law No. 793-2008]

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CHAPTER 447, FENCES
(1)

Where a fence is used as a guard, it shall be installed and maintained to comply with
Chapter 629, Property Standards.

(2)

If the guard forms part of a swimming pool enclosure, it shall also comply with the
requirements of 447-3.

(3)

If more than one by-law provides requirements for the guard, the more restrictive
provisions shall apply.

447-3. Swimming pool enclosures.

A.

Enclosure required.
Subject to the exceptions in Subsection F, every owner of a swimming pool shall erect and
maintain a swimming pool enclosure that:

B.

(1)

Complies with this article;

(2)

Completely encloses the area in which the swimming pool is located; and

(3)

Has no opening except a gate that complies with this article. [Added 2010-08-27 by
By-law No. 994-2010]

Permits and inspections.

(1)

No person shall excavate for or erect, or cause or permit excavation for or erection of,
a swimming pool without first obtaining a permit from the Chief Building Official for
a swimming pool enclosure for the proposed pool.

(2)

An application for a permit for a swimming pool enclosure shall be in the form
required by the Chief Building Official and shall be accompanied with the nonrefundable fee set out in Chapter 441, Fees and Charges, and by plans: [Amended
2004-06-24 by By-law No. 557-2004]

(3)

(a)

Showing the location of the swimming pool in relation to lot lines and adjacent
buildings.

(b)

Providing complete details of the swimming pool enclosure; and

(c)

Providing any other details and information required by the Chief Building
Official for determining compliance with this article.

The Chief Building Official shall refuse or revoke a permit for a swimming pool
enclosure if: [Amended 2004-06-24 by By-law No. 557-2004]
(a)

The proposed swimming pool enclosure would contravene this article or any
other applicable law;

(b)

It was issued in error or on mistaken, false or incorrect information; or

(c)

The required application fee under Chapter 441, Fees and Charges, has not been
paid.

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CHAPTER 447, FENCES

C.

(4)

Every owner of property on which a swimming pool is under construction shall erect
and maintain a swimming pool enclosure that complies with this article in every
respect except that it may consist of temporary fencing if authorized by the Chief
Building Official or an officer.

(5)

Any authorization to erect temporary fencing is granted on the condition that the
temporary fencing shall be replaced with a permanent swimming pool enclosure that
fully complies with this article when an officer directs replacement or when
construction of the swimming pool is substantially complete, whichever occurs first,
and in determining whether to direct replacement of temporary fencing, an officer
shall consider, among other factors, whether construction is proceeding expeditiously,
whether temporary fencing is being adequately maintained and whether safety might
be compromised without a permanent enclosure.

(6)

Temporary fencing shall be erected in a good, workmanlike manner and shall consist
of steel "T" posts spaced at not more than 1.2 metre centres and embedded at least
600 millimetres into the ground with 38 millimetre plastic mesh fencing at least
1.2 metres high that is securely fastened to the posts at 200 millimetre centres and
horizontally secured at the top and bottom by an eleven-gauge steel lacing cable
threaded through the mesh and looped and fastened to each post, or any other fence
acceptable to an officer.

(7)

No person shall fill a swimming pool with water or permit water to collect or remain
in a swimming pool until an officer has conducted an inspection and confirmed
completion of a permanent swimming pool enclosure that fully complies with this
article.

Access protection. [Amended 2004-06-24 by By-law No. 557-2004; 2007-11-20 by Bylaw No. 1240-2007; 2008-05-27 by By-law No. 512-2008; 2010-08-27 by By-law No.
994-2010]
(1)

Subject to Subsection C(1.1), a swimming pool enclosure shall be designed and

constructed so that all entrances to any building are located outside the enclosed area.

(1.1) Subsection C(1) does not apply to any structure that does not provide access to the
exterior of the pool enclosure.
(2)

If the wall of any building, or any portion of it, forms part of the pool enclosure, there
shall be no access to the enclosed pool area through the wall

(3)

Subsection C(2) applies to pool enclosures for which a pool enclosure permit was
issued more than 30 calendar days after the enactment of that subsection on
November 20, 2007, and to any existing fence if a substantial portion of it is
demolished or removed, or if it is in such a state of disrepair that it is not practical to
repair it.

(3.1) Every owner of a swimming pool shall:

(a)

Take all steps necessary to control any access point to the swimming pool area;
and
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CHAPTER 447, FENCES
(b)

(4)

D.

Ensure that if the closing mechanism of a gate is electrically powered it includes

a back-up system which shall automatically power the closing mechanism in
case of a power disruption.

Every gate in a swimming pool enclosure shall be:

(a)

Constructed in compliance with Subsection E;

(b)

Supported on substantial hinges;

(c)

Self-closing and equipped with a lockable, self-latching device located on the

inside near the top of the gate or on the outside at least 1.5 metres above grade;
and

(d)

Kept locked at all times except when the enclosed area is in use.

(5)

(Reserved)

(6)

(Reserved)

(7)

(Reserved)

(8)

All automatic closing devices and their power back-up systems shall be in compliance
with the applicable product and installation standards of the Canadian Standards
Association.

Enclosure height.
(1)

The minimum height of a swimming pool enclosure above the highest outside grade
within one metre of the enclosure shall comply with the following Table when
measured at any point along the enclosure.
TABLE 2
MINIMUM HEIGHT OF SWIMMING POOL ENCLOSURES

Enclosure Type

Pool on
Pool on
Single Residential Multiple Residential
Property
Property

Pool on
Non-Residential
Property

Metal picket fence

1.2 metres

1.5 metres

1.5 metres

Any other enclosure

type

1.2 metres

1.8 metres

1.8 metres

(2)
E.

The maximum height of any fence used in a swimming pool enclosure shall comply
with 447-2B.

Construction standards.
(1)

A swimming pool enclosure, including any gate forming part of the enclosure, shall:
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CHAPTER 447, FENCES

(2)

(a)

Be no closer than 1.2 metres horizontally to the water's edge in the pool;

(b)

Be no closer than one metre to any external condition that may facilitate
climbing the outside of the enclosure unless the height of the enclosure is at
least 1.8 metres for a distance of at least one metre on each side of the
condition;

(c)

Have no element or attachment between 100 millimetres and 1.2 metres above
grade that may facilitate climbing the outside of the enclosure; and

(d)

Have a non-climbable facing material installed on the outside of the enclosure

which extends from no more than 50 millimetres above grade to the required
minimum height of the enclosure, but, if a hard surface such as concrete,
asphalt, paving stones or patio slabs extends for a distance of 500 millimetres on
each side of a gate, the clearance under the gate may be no more than
100 millimetres. [Amended 2010-08-27 by By-law No. 994-2010]

Every fence and gate used in a swimming pool enclosure shall be constructed to the
following standards:
(a)

A chain-link fence used in a swimming pool enclosure shall be constructed in a

good, workmanlike manner and in compliance with the following Table:

TABLE 3
MINIMUM STANDARDS FOR CHAIN-LINK FENCE CONSTRUCTION

Fence Components

Pool on Single Residential

Property

Pool on Multiple
Residential or NonResidential Property

MESH SIZE

38 millimetres maximum

38 millimetres maximum

MESH GAUGE
(Galvanized wire)

14 gauge galvanized wire and

2 gauge vinyl for 12 gauge
total thickness

11 gauge galvanized wire

and 2 gauge vinyl for 9
gauge total thickness

GATE & END

(TERMINAL) POSTS:
(1) Diameter

48 millimetres

60 millimetres

760 millimetres (in 200

millimetre diameter concrete)

760 millimetres (in

200 millimetre diameter
concrete)

(2) Depth of embedment

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CHAPTER 447, FENCES

Fence Components

Pool on Single Residential

Property

Pool on Multiple
Residential or NonResidential Property

INTERMEDIATE
POSTS:
(1) Diameter

38 millimetres

48 millimetres

(2) Depth of embedment

760 millimetres

760 millimetres

TOP RAIL (Diameter)

32 millimetres

32 millimetres

BOTTOM WIRE
(Diameter)

9 gauge galvanized, threaded

through the mesh and looped
and fastened to each post

GATE FRAME
(Diameter)

9 gauge galvanized,
threaded through the mesh
and looped and fastened
to each post

32 millimetres

32 millimetres

SPACING OF POSTS

2.4 metres maximum

2.4 metres maximum

(b)

(c)

A wood fence used in a swimming pool enclosure shall be constructed in a

good, workmanlike manner as follows:
[1]

Vertical boards shall be not less than 19 millimetre by 89 millimetre

lumber and shall be spaced not more than 38 millimetres apart where
horizontal rails are spaced less than 1.2 metres apart and not more than
100 millimetres apart where horizontal rails are spaced at least 1.2 metres
apart; and

[2]

Vertical boards shall be attached to horizontal rails that are not less than
38 millimetre by 89 millimetre lumber and that are supported on
substantial posts with a minimum dimension of 89 millimetres spaced not
more than 2.4 metres apart and embedded to a minimum depth of 900
millimetres below grade.

A metal picket fence used in a swimming pool enclosure shall be constructed in

a good, workmanlike manner as follows:
[1]

Vertical pickets shall be spaced not more than 38 millimetres apart where
horizontal rails are spaced less than 1.2 metres apart and not more than
100 millimetres apart where horizontal rails are spaced at least 1.2 metres
apart; and

[2]

Horizontal rails shall be supported on substantial posts spaced not more

than 2.4 metres apart and embedded in concrete to a minimum depth of
900 millimetres below grade.

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CHAPTER 447, FENCES
(d)

(e)

(3)

A glass panel fence used in a swimming pool enclosure shall be constructed in a

good, workmanlike manner as follows: [Added 2010-08-27 by By-law No.
994-2010]
[1]

Glass panels shall be located so there is no opening of more than

38 millimetres between the panel and the post where horizontal elements
are spaced less than 1.2 metres apart, and not more than 100 millimetres
apart where horizontal elements are spaced more than 1.2 metres apart;
and

[2]

Horizontal elements shall be supported on substantial posts spaced not

more than 2.4 metres apart and embedded in concrete to a minimum depth
of 900 millimetres below grade.

[3]

Glass panels used in swimming pool enclosures shall be:

[a]

Safety glass of the laminated or tempered type conforming to

CAN/CGSB-12.1-M "Tempered or Laminated Safety Glass"; or

[b]

Wired glass conforming to CAN/CGSB-12.1-M "Wired Safety

Glass."

A masonry wall that is not a part of a building and is used in a swimming pool
enclosure shall be constructed in a good, workmanlike manner as follows:
[Added 2010-08-27 by By-law No. 994-2010]
[1]

The wall shall present a minimum 1.2-metre non-climbable surface to the

exterior of the enclosed area.

[2]

It shall be constructed of a minimum double course brick or single course

concrete block with a minimum width of 200 millimetres, and securely
attached to a minimum 1.2-metre deep concrete foundation.

[3]

Where the wall abuts a building or gate there shall be no opening between
the wall and the building or gate which exceeds 38 millimetres where
there are horizontal elements less than 1.2 metres apart, or which exceeds
100 millimetres where there are no horizontal elements or where
horizontal elements are in excess of 1.2 metres apart.

[4]

All components of a masonry wall used as a part of a swimming pool

enclosure shall conform with CSA S304.1.

Every fence and gate used as part of a swimming pool enclosure which forms the part
of the enclosure that separates the pool from any residential building on the same
property shall be constructed of open mesh chain-link fence or equivalent open fence
construction that does not restrict visibility of the pool from any door or window that
is located on the access level of the building, and which has a line of sight to the pool,
and the materials used must comply with the provisions of this chapter. [Added 200711-20 by By-law No. 1240-2007; amended 2008-05-27 by By-law No. 512-2008]

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F.

(4)

Nothing shall be erected, planted or otherwise placed in such a way that the visibility
of the pool is restricted from any door or window that is located on the access level of
a residential building on the same property, and which has a line of sight to the pool.
[Added 2008-05-27 by By-law No. 512-2008]

(5)

Subsection E(4) applies only to fences and gates used as part of a swimming pool
enclosure which forms the part of the enclosure that separates the pool from any
residential building on the same property, as described in Subsection E(3). [Added
2008-05-27 by By-law No. 512-2008]

Exceptions.
(1)

Subsections A through E do not apply to an above-ground pool erected before the day
this article comes into force if the pool complies with the following standards:
(a)

The pool is not less than 1.2 metres above grade;

(b)

A guard not less than one metre high is provided around any platform or deck;

(c)

The combined height of the swimming pool structure and any guard is not more
than 2.6 metres;

(d)

The outside of the swimming pool structure and any guard is free of any
element or attachment that may facilitate climbing;

(e)

No part of the swimming pool structure is closer than 1.2 metres to any lot line;
and

(f)

The point where a user of the above-ground pool gains access to the pool is
protected by a gated enclosure which complies with the requirements for
swimming pool enclosures set out in Subsections B through E, inclusive.

(2)

Subsections A through E do not apply to a whirlpool, hot tub or spa if it has a

substantial, structurally adequate cover permanently attached to it or to its supporting
structure and the cover is securely fastened and locked to prevent access at all times
when the whirlpool, hot tub or spa is not in use.

(3)

Subsections C(3), E(3), E(4) and E(5) may apply conditionally to a swimming pool
enclosure for which an exemption has been granted by Community Council, and such
an exemption shall only be granted if: [Added 2008-05-27 by By-law No. 512-2008]
(a)

The reason for seeking the exemption is because one or more of the standards in
Subsections C(3), E(3), E(4) and E(5) are not practicable because of a disability,
as defined in the Ontarians with Disabilities Act, 2001, of an occupant of the
building; and

(b)

The applicant for the exemption agrees to comply with any other conditions
imposed by Community Council to prevent a young child from gaining access
to the pool area.

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CHAPTER 447, FENCES
(4)

Despite Subsection F(3), when the need for which the exemption was sought ceases
to exist, the pool enclosure shall be reinstated to comply fully with the provisions in
Subsections C(3), E(3), E(4) and E(5). [Added 2008-05-27 by By-law No. 512-2008]

447-4. Offences.
Every person who contravenes any of the provisions of this article is guilty of an offence and,
upon conviction, is liable to a fine or penalty as provided for in the Provincial Offences Act.3
447-5. Exemptions.
[Amended 2001-03-08 by By-law No. 170-2001; 2001-06-01 by By-law No. 386-2001; 200106-28 by By-law No. 579-2001; 2001-12-06 by By-law No. 998-2001; 2002-02-15 by By-law
No. 103-2002; 2002-08-01 by By-law No. 617-2002; 2002-10-03 by By-law No. 651-2002;
2002-10-03 by By-law No. 652-2002; 2002-10-03 by By-law No. 653-2002; 2003-02-07 by Bylaw No. 16-2003; 2003-02-07 by By-law No. 27-2003; 2003-04-16 by By-law No. 256-2003;
2003-05-23 by By-law No. 366-2003; 2003-06-26 by By-law No. 506-2003; 2003-06-26 by Bylaw No. 545-2003; 2003-09-24 by By-law No. 812-2003; 2003-09-24 by By-law No. 824-2003;
2003-09-24 by By-law No. 825-2003; 2003-09-24 by By-law No. 861-2003; 2003-09-24 by Bylaw No. 862-2003; 2003-09-24 by By-law No. 863-2003; 2004-01-29 by By-law No. 59-2004;
2004-03-03 by By-law No. 230-2004; 2004-06-24 by By-law No. 557-2004]
A.

If a person is required to erect a specified fence under a site plan agreement, a subdivision
agreement, another City by-law or any law, statute or regulation of a provincial or federal
authority having jurisdiction, the fence is exempt from the provisions of this chapter with
which it does not comply.

B.

Site specific exemptions to this article are listed in Schedule A, at the end of this chapter.

C.

Fence exemptions. [Added 2008-07-17 by By-law No. 793-2008; amended 2013-04-04

by By-law No. 457-20134]
(1)

A person may request to have a fence considered by Council or community council

under delegated authority for a site-specific exemption from any of the requirements
of this article on or before the date indicated on the notice of violation if such a notice
has been issued.

(2)

The community council in Subsection C(1) shall be the community council for the
geographic area in which the fence is located.

(3)

If the fence is located in the geographic area of more than one community council, the
matter shall be determined by Council, and notice of the matter will be given to the
councillors of the wards in which the fence is located.

Editor's Note: This section was passed under the authority of section 320 of the Municipal Act, R.S.O. 1990, c. M.45, and, under section
61 of the Provincial Offences Act, R.S.O. 1990, c. P.33, a person convicted of an offence is liable to a fine of not more than $5,000.
4
Editor's Note: By-law No. 457-2013 substituted new Subsections C(1), (6) and (7) and added new Subsections C(8), (9) and (10). This
By-law came into force June 1, 2013.

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CHAPTER 447, FENCES
(4)

A request for an exemption under Subsection C(1) shall be in writing to the Executive
Director of Municipal Licensing and Standards and shall be delivered to the issuing
office, as indicated on the notice of violation.

(5)

When a request for an exemption has been received along with the required
application fee under Subsection C(4), the Executive Director of Municipal Licensing
and Standards, or his or her designate, shall report to Council or community council
for consideration, and shall not take action under this article until the matter has been
dealt with by Council or community council under delegated authority.

(6)

The City Clerk shall provide notice to the ward councillor and shall send, by prepaid
mail, notice of the community council meeting to consider the fence exemption
request to the owner of the property at least 14 days before the meeting and:
(a)

In the case of a rear-yard fence exemption request, to the owners of all adjoining
properties; and

(b)

In the case of front-yard or flankage-yard fences, to the owners of all properties

within a sixty metre radius of the subject property.

(7)

Upon receiving notice of the date of the community council meeting, the owner of the
property shall post a notice on the property in a place visible to the public at least
10 days before the meeting date, indicating the nature of the exemption being sought,
the name of the property owner and the date of the meeting.

(8)

The template for the notice to be posted under Subsection (7) shall be provided by the
Municipal Licensing and Standards Division.

(9)

Council, or community council under delegated authority, may:

(a)

Grant the exemption, with or without conditions, and cancel the notice of
violation, if one has been issued; or

(b)

Confirm the notice of violation and direct that a second notice of violation be
given under this article.

(10) Subsections C(1) to (9) do not apply to a second notice of violation given under
Subsection C(9)(b).
447-6. Conflicting provisions.
Subject to 447-5, where this article conflicts with any other by-law, this article prevails to the
extent of the conflict.
447-7. Transition.
Any fence or swimming pool enclosure that was lawfully erected before the day this article
comes into force is deemed to comply with this article and may be maintained as erected, but
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CHAPTER 447, FENCES
when the fence or swimming pool enclosure is replaced, the replacement fence or swimming
pool enclosure shall comply with this article.
ARTICLE II
Fence-Viewers
[Adopted 2002-04-18 by By-law No. 286-20025]
447-8. Term of office.
Fence-viewers, appointed by Council under the Line Fences Act, shall hold office until the
expiration of the term of the Council that appointed them and until their successors are
appointed.
447-9. Remuneration.
[Amended 2010-08-27 by By-law No. 994-2010]
The remuneration for each of the three fence-viewers shall be as set out in Chapter 441, Fees and
Charges, and shall include costs. Each of the three fence viewers shall be paid at that rate for
travel time to and from the fence-viewing, and for any attendance required at an appeal hearing.
447-10. Winter months exclusion.
No arbitration or other proceeding requiring the attendance or reattendance of fence-viewers
shall take place between November 1 and March 31 in the next following year.
447-11. Fees.
A.

Fees enumerated; reattendances.

(1)

Fees shall be paid to the City in relation to the administration of the Line Fences Act
in accordance with Chapter 441, Fees and Charges. [Amended 2006-09-27 by Bylaw No. 1056-2006]

(2)

The three-hour minimum for fence-viewers' fees shall apply only to the initial
attendance and not to any reattendance.6

Editor's Note: This by-law was passed under the authority of subsections 5(2) and 17(1) of the Line Fences Act, R.S.O. 1990, c. L.17.
Section 2, Repeal, of this by-law stated: Subject to section 3, the following are repealed: A. former Borough of East York By-law No. 14496 and By-law No. 139-96; B. former City of Etobicoke By-law No. 1995-26 and Municipal Code Chapter 39; C. former City of North
York By-law No. 29830; D. former City of Scarborough By-law No. 21627 and By-law No. 17336; E. Article I, Division Fences, of
Chapter 182, Fences, of the former City of Toronto Municipal Code, as amended; F. former City of York By-law No. 2977-95, By-law
No. 2993-95, 1694-89, By-law No. 991-86, By-law No. 960-86, By-law No. 984-86, By-law No. 323-84, By-law No. 4403-83, By-law No.
3608-80, By-law No. 843-70 and By-law No. 120-67. Section 3, Transition, of this by-law stated: A. Despite section 2-C, By-law No. 29830
of the former City of North York continues to apply to properties affected by a notice given in accordance with section 3 of By-law
No. 29830 before the date of the enactment of this by-law until the matters in dispute have been conclusively resolved; B. Despite section
2-E, Article I of Chapter 182, Fences, of the Municipal Code of the former City of Toronto continues to apply to properties affected by a
notice given in accordance with 182-8A(1) of that chapter before the date of the enactment of this by-law until the matters in dispute
have been conclusively resolved. Section 4, Conflict, of this by-law stated: To the extent of any conflict between this by-law and any bylaws of the former municipalities respecting division fences, this by-law prevails. Section 5, In force, of this by-law stated: This by-law
came into force June 1, 2002.

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CHAPTER 447, FENCES
B.

Upon and in addition to payment of the basic application fee, the applicant shall pay all
additional fees that the City Clerk is able to pre-determine at that time.

Editor's Note: Former 447-11A(3), which contained a fee for reattendance, which immediately followed this subsection, was repealed
August 27, 2010 by By-law No. 994-2010.

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April 4, 2013