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Page 1 of 10 - By-law 2023-11 (Office Consolidation - Updated July 2026)
The Corporation of the Township of
Algonquin Highlands
By-Law 2023-11
Office Consolidation
Consolidated on July 16, 2026
(Contains the original parent By-law 2023-11, as amended by By-law 2025-27 and By-law
2026-52)
Legal Disclaimer
This office consolidation is prepared for convenience and reference purposes only. The
original by-laws and formal amendments passed by Council remain the sole legal
authorities. For accurate legal interpretation, please consult the original certified
documents kept by the Municipal Clerk.
Being a By-Law to Provide for Maintaining Land in a Clean, Clear and Safe
Condition within the Township of Algonquin Highlands
Whereas Subsection 5(3) of the Municipal Act, 2001 S.O. 2001, c.25, as amended,
provides that a municipal power shall be exercised by by-law;
And Whereas Section 127 of the Municipal Act, 2001 S.O. 2001, c.25, as amended,
provides that a municipality may require the owner or occupant of land to clean and clear
the land, not including buildings, or to clear refuse or debris from the land, not including
buildings and for regulating when and how such matters shall be done and for defining
"refuse";
And Whereas Section 128 of the Municipal Act, 2001 S.O. 2001, c.25, as amended,
provides that a municipality may prohibit and regulate with respect to public nuisances,
including matters that, in the opinion of Council, are or could become or cause public
nuisances;
And Whereas Section 131 of the Municipal Act, 2001 S.O. 2001, c.25, as amended,
provides that a municipality may prohibit and regulate the use of any land for the storage
of used motor vehicles for the purpose of wrecking or dismantling them or salvaging parts
from them for sale or other disposition;
And Whereas Section 425 of the Municipal Act, 2001 S.O. 2001, c.25, as amended,
provides that a municipality may pass by-laws providing that any person who contravenes
a by-law of the municipality passed under the Municipal Act, 2001 is guilty of an offence
and section 429 thereof provides that a municipality may establish a system of fines for
offences under a by-law;
And Whereas Section 436 of the Municipal Act, 2001 S.O. 2001, c.25, as amended,
provides that a municipality may pass by-laws providing that the municipality may enter
on land at any reasonable time for the purpose of carrying out inspections to determine
compliance with a by-law, or an order made under a by-law, or court order made under
Section 431 of the Municipal Act, 2001 S.O. 2001, c.25, as amended;
And Whereas Sections 444 and 445 of the Municipal Act, S.O. 2001, c.25, as amended,
provide that, if a municipality is satisfied that a contravention of a by-law passed under
the Municipal Act, 2001 has occurred, the municipality may make an order requiring the
person who contravened the by-law or who caused or permitted the contravention or the
owner or occupier of the land on which the contravention occurred to discontinue the
contravening activity and to do work to correct the contravention;
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And Whereas Section 446 of the Municipal Act, 2001 S.O. 2001, c.25, as amended, a
municipality may enact a by-law to require that a matter or thing be done and in default,
the matter of thing may be done by the municipality at the person's expense and
further that the costs of doing so may be added to the tax rolls and
collected in the same manner as taxes;
And Whereas Section 391 of the Municipal Act, 2001 S.O. 2001, c.25, as amended,
provides that a municipality may impose fees or charges on persons for services or
activities provided by or on behalf of it, and for costs payable by it for services or activities
provided or done by or on behalf of any other municipality or any local board;
Now Therefore the Council of the Township of Algonquin Highlands hereby enacts the
following:
Part 1 - Short Title
1.1 The short title of this By-law is the "Clean & Clear By-Law".
Part 2 - Definitions
In this By-Law:
2.1
Accessory Building or Structure: means a detached building or structure, not
used for human habitation that is subordinate to the primary use of the same
property; but does not include a dwelling.
2.2
Act: means an enactment or Statute of the Province of Ontario.
2.3
Artificial Body of Water: means a body of water created by human activity and
may include a swimming pool, hot tub, wading pool or artificial pond, but does not
include a natural body of water.
2.4
Costs: means all monetary expenses incurred by the Township during and
throughout the process of any Remedial Work, including interest and may include
an administrative surcharge amount as established by the Township's Fees and
Charges By-law.
2.5
Composting: is a controlled, aerobic (oxygen-required) process that converts
organic materials into dark soil like material (humus) or mulch through biological
decomposition.
2.6
Council: shall mean the Council of the Corporation of the Township of Algonquin
Highlands.
2.7
Derelict or Inoperable Vehicle: means a vehicle that is inoperable, in a wrecked,
dismantled, partially dismantled, or abandoned condition, having missing parts,
including, but not limited to: tires, damaged or missing glass, deteriorated or
removed metal components, which prevents its mechanical function, or which does
not have a valid licence plate issued by the Ministry of Transportation. This
includes commercial and industrial vehicles and equipment, snowmobiles,
motorcycles, all-terrain vehicles, recreational travel trailer, boats, marine
equipment, and utility trailers.
2.8
Farm: means any farming or agricultural use as defined in the Township of
Algonquin Highlands Comprehensive Zoning By-law, as amended.
2.9
Fence: means any structure, wall or barrier, for the purpose of defining boundaries
of property, separating open space, restricting ingress to or egress from property,
providing security or protection to property or acting as a visual or acoustic screen.
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2.10 Forested: means a full or partial cover of land with forest; plants and trees.
2.11 Ground Cover: means organic or non-organic material and includes concrete,
flagstone, gravel, asphalt, grass or other form of landscaping.
[2.12 Hazardous Vegetation: means vegetation that creates or is likely to create a
condition that poses a risk to the health or safety of persons, including
vegetation that:
-
causes toxic reactions, burns, or allergic responses through contact;
-
obstructs safe movement or visibility; or
-
contributes to Unsafe conditions.] (Enacted by By-law 2026-52)
2.13 Naturalized Area: means land or portion of lands, or yard containing
vegetative growth which may or may not have been previously maintained by
the owner, which has been allowed to, or has been deliberately implemented to,
re-establish a reproducing population of native species, through natural
regeneration and/or deliberate plantings of species or other species to emulate a
natural area other than regularly mown grass. (Repealed by By-law 2026-52)
[that has been intentionally established or deliberately maintained to re-
establish a reproducing population of native or adaptive plant species, or
to emulate a natural landscape, and which is not maintained as Turfgrass.
Naturalized Areas may include meadow plantings, pollinator gardens,
woodland gardens, shoreline vegetation, and similar ecological
landscaping.] (Amended by By-law 2026-52)
2.14 Natural Body of Water: means a creek, stream, bog, marsh, river, pond or lake
created by the forces of nature, and which contains water.
2.15 Occupant: means any Person over the age of eighteen (18) years in possession
of the Property.
2.16 Officer: means a Municipal Law Enforcement Officer, a Police Officer, Chief
Building Official, or any other Person appointed by By-law to enforce the provisions
of this By-law.
2.17 Owner: means the owner, authorized agent, lessee, or the occupier of the
premises.
2.18 Person: means and includes any person, firm, partnership, corporation, company,
association, or organization of any kind.
2.19 Portable Garage Shelter: means a collapsible structure covered with plastic or
fabric, used for the purpose of temporarily storing vehicles and/or covering of
articles.
2.20 Property: means a building or structure or part of a building or structure and
includes the lands and premises appurtenant thereto including a yard and vacant
land.
2.21 Refuse: means any waste, debris, article, thing, matter or effluent that: has been
cast aside, discarded or abandoned; or is used up or worn out in whole or in part,
or appears to be worthless, useless or of no practical value; and for greater
certainty, but not so as to restrict the generality of the foregoing terms, refuse
extends to the following classes:
(a) branches, brush, cut limbs, tree clippings, decaying wood;
(b) paper, paper cartons, and other paper products;
Page 4 of 10 - By-law 2023-11 (Office Consolidation - Updated July 2026)
(c) appliances, including refrigerators, stoves, dishwashers, microwaves,
freezers, washers, dryers or any part or parts of such things;
(d) electronic
devices,
including
televisions,
computers
and
related
components, radios, amplifying devices, speakers, audio and visual players
and any parts of such things;
(e) furnaces or furnace parts, air-conditioners, ducting, pipes, heat pumps,
fittings and wire;
(f) water or fuel tanks;
(g) inoperative or derelict motor vehicles, motor vehicle parts or accessories of
such items;
(h) inoperative bicycles, lawnmowers, engines and mechanical equipment, and
tools;
(i) accumulations, deposits, leavings, litter, remains, rubbish or trash of any
sort, whether animal, mineral or vegetable;
(j) broken, dilapidated or discarded furniture and/or indoor furniture;
(k) crockery, dishes, pots and pans, and small kitchen appliances;
(l) animal feces and waste products, hides, parts of carcasses other than those
arising from industrial or agricultural businesses legally operating on the
property;
(m) sewage;
(n) construction, demolition, repair or renovation debris, scrap lumber and/or
left over debris from such work;
(o) accumulation of broken concrete, asphalt pavement, brick pavers and
sidewalk slabs;
(p) miscellaneous plastic, wood or metal parts, or combinations of such
materials; and
(q) discarded clothing.
Refuse as defined in this By-law does not cease to become Refuse by reason only
that it may be commercially saleable or recyclable.
2.22 Remedial Work: means all work necessary for the correction or elimination of a
contravention of this By-law as cited in any order issued under this By-law,
including any such condition or health hazard, actual or potential, that the
contravention may pose.
2.23 Unsafe condition: means any condition that poses or constitutes an undue or
unreasonable hazard or risk to life, limb or health of any Person on or about the
Property.
2.24 Sewage: including grey water, means any liquid waste, containing human, animal,
vegetable or mineral matter in suspension or solution but does not include roof
water or runoff.
2.25 Township: means the Corporation of the Township of Algonquin Highlands.
Page 5 of 10 - By-law 2023-11 (Office Consolidation - Updated July 2026)
2.26 Turfgrass: shall mean ground cover of various perennial grasses grown for lawns,
of a type that forms a dense, uniform turf if mown.
2.27 Vacant Land: means lands with no building(s) or having no land use established.
2.28 Vehicle: includes a motor vehicle, trailer, boat, motorized snow vehicle or other
mechanical power-driven equipment, whether operational or not.
2.29 Vehicle Parts: means and shall include any component or element, whether
operatable or not, used in assembly, construction, maintenance, or repair of a
vehicle.
2.30 Yard: means land, other then publicly owned land, around and appurtenant to
the whole or any part of a building and used or capable of being used in
connection with the property.
2.31 Yard Maintenance: means keeping a portion of a yard containing vegetative
growth, in a healthy, clean, and safe condition, which includes, turfgrass and
lawn areas that have been historically mowed or deliberately manicured using
hand labour and light equipment to carry out ground cover management,
undertaken by a person in connection with the normal maintenance and repair of
property. Yard Maintenance may include but is not limited to, lawn mowing,
pruning, weeding, natural fertilization and planting.
2.32 Zoning By-law: means the Comprehensive Zoning By-law, as amended, of the
Township of Algonquin Highlands.
[2.33 Administrative Monetary Penalty System: means a monetary penalty
imposed for a contravention of a Designated By-law and as set out in
Township's Administrative Monetary Penalty System (AMPS) By-law, as
amended.] (Amended by By-law 2025-27)
Part 3 - General Provisions Applicable to all Properties
3.1
Every owner or occupant of property within the Township of Algonquin Highlands
shall keep and maintain the property in a clean and clear condition, free from
refuse of any kind.
3.2
No person shall permit refuse to remain on any property within the Township.
3.3
No person shall throw, place or deposit any refuse on Township property without
the written authority of the Township of Algonquin Highlands.
Part 4 - Property Maintenance
Yards
4.1
Every owner or occupant of property shall ensure the property, including vacant
land is maintained free of:
(a) refuse, household garbage, rubbish, litter, waste and other debris;
(b) dead, decaying or damaged trees, branches, hedges, limbs and brush or
other similar growth where it may create an unsafe condition;
(c) objects, holes or conditions that might create a health, fire, or accident
hazard;
(d) injurious insects, termites, rodents, vermin and other pests; and any
condition which may promote an infestation;
Page 6 of 10 - By-law 2023-11 (Office Consolidation - Updated July 2026)
(e) noxious weeds pursuant to the Weed Control Act; (Repealed by By-law
2026-52)
(f) garden refuse, trimmings, weeds (Repealed by By-law 2026-52) and
composting heaps that are not appropriately contained including tree and
brush cuttings;
(g) turfgrass and lawn areas shall be kept trimmed, not to be overgrown or in
an unsightly condition; and shall not exceed 20 cm (8 inches) in height,
whether dead or alive; (Repealed by By-law 2026-52)
[(g) Turfgrass shall be maintained so as not to create an Unsafe condition;
Turfgrass exceeding 20 cm (8 inches) in height may be deemed to
contribute to an Unsafe condition where, due to its location or condition,
obstructs visibility, interferes with safe access, contributes to pest
harbourage, or otherwise poses a demonstrated risk to the health or
safety of persons.] (Amended by By-law 2026-52)
(h) accumulation of animal excrement;
(i) wrecked, dismantled, inoperative, discarded, unlicensed or abandoned
vehicles, trailers, boats, machinery or parts thereof; except in an
establishment licensed or authorized to conduct a salvage, wrecking or
repair business and then only if such establishment conforms with any
relevant By-laws, Chapters or Statutes;
(j) dilapidated or collapsed portable garage shelters;
(k) all furniture or appliances used for exterior use that become dilapidated; and
(l) all furniture or appliances designed for interior use.
4.2
Composting
4.2.1 No owner or occupant of a property shall permit:
(a) composting to emit odours on a property, which would reasonably disturb
neighbouring properties;
(b) composting to attract animals, rodents, or vermin.
4.3
Naturalized Areas
4.3.1 Every owner or occupant of property that contains a naturalized area shall
ensure that the naturalized area does not encroach over or onto any adjacent
property. (Repealed by By-law 2026-52)
[4.3.1 Every owner shall ensure that Naturalized Areas are intentionally
established, deliberately maintained, or allowed to regenerate naturally and
do not extend over or onto adjacent properties, do not obstruct visibility,
do not create an Unsafe condition and remain free of refuse.] (Amended by
By-law 2026-52)
Page 7 of 10 - By-law 2023-11 (Office Consolidation - Updated July 2026)
[4.4
Hazardous Vegetation
4.4.1 Every Owner or occupant of property shall ensure that vegetation on the
property is maintained in a manner that does not create an Unsafe
condition.
4.4.2 Without limiting the generality of subsection 4.4.1, vegetation shall be
considered hazardous where it creates or is likely to create an Unsafe
condition including where it:
(a) causes or is likely to cause skin irritation, burns, allergic reactions, or
toxic effects through physical contact;
(b) obstructs visibility for pedestrians, cyclists, or vehicles in a manner that
creates an Unsafe condition;
(c) interferes with safe access to walkways, driveways, entrances, or
emergency access routes;
(d) creates harbourage conditions that contribute to the presence of
rodents, insects, or other pests that may pose a health risk; or
(e) otherwise creates a condition that poses an undue risk to the health or
safety of Persons.] (Enacted by By-law 2026-52)
Part 5 - Surface Water and Drainage
5.1
Every owner or occupant shall ensure that exterior property areas are graded and
maintained in such a manner so as to prevent the excessive or recurrent ponding
of storm water or surface water.
5.2
Every owner shall keep the land free of containers or debris capable of holding
standing water in such a manner as to be exposed to the breeding of and/or larvae
growth of insects.
5.3
Every owner shall ensure that any artificial body of water is maintained in proper
operating condition, and in good repair.
Part 6 - Vacant Land
6.1
Every owner of vacant land shall ensure lands are maintained to the standards as
described in Part 4 of this By-law.
6.2
Every owner shall ensure that vacant lands are graded, filled, or otherwise drained
to prevent recurrent ponding of water.
6.3
Every owner shall ensure that no vehicles or vehicle parts, machinery, mechanical
parts, trailers, recreational vehicles, boats, and any parts thereof, are left or stored
on vacant lands.
Part 7 - Exemptions
7.1
The following exemptions apply with respect to the requirements of this By-law:
(a) Section 4.3 does not apply to a naturalized area such as shoreline vegetation,
property zoned for agricultural use or normal farming practices, township property
including road allowances when dealing with grass greater than 20 cm (8 inches);
(Repealed by By-law 2026-52)
[Section 4.3 and the Turfgrass maintenance standard in Section 4.1(g) do
not apply to naturalized areas, agricultural lands, Township owned property
including road allowances, and naturally occurring or naturalized vegetation
on forested or undisturbed vacant lands.] (Amended by By-law 2026-52)
Page 8 of 10 - By-law 2023-11 (Office Consolidation - Updated July 2026)
(b) Shoreline areas shall remain in a naturalized state where applicable under
federal, provincial and/or municipal legislation, as amended;
(c) Section 4.1 (g) does not apply to vacant lands which are in an unspoiled, natural
state when dealing with turfgrass greater than 20 cm (8 inches);
(d) Section 4.1 (i) does not apply to a maximum of two (2) derelict vehicles from
being repaired on a Rural (RU) Zone property provided that, there are only two
(2) vehicles being actively repaired and; they are not visible from the street or
from abutting lots.
(e) Section 5.0 does not apply to a natural body of water;
(f) Section 6.2 does not apply to natural, undisturbed vacant land;
(g) Property located in the following zones, as designated in the Township Zoning
By-law, shall be exempt from the provisions of this By-law except for Section
3.0 when dealing with Refuse;
I.
Farm and agricultural uses within a permitted zone;
II.
Environmentally protected areas zoned, EP1, EP2 and EP3;
III.
Forested areas.
(h) Township owned property zoned M1, M2, M2A, and M3 shall be exempt from
the provisions of this By-law;
(i) This By-law does not apply to land owned by the Government of
Canada, Province of Ontario, or the County of Haliburton.
[(k) For greater certainty, despite any exemption set out in this Section, all
lands and uses remain subject to Section 4.4 (Hazardous Vegetation), and
no exemption applies where vegetation creates an Unsafe condition as
defined in Section 4.4 that poses a demonstrated risk to persons lawfully on
the property or lawfully using adjacent lands or highways.] (Enacted by By-
law 2026-52)
Part 8 - Administration and Enforcement
8.1
This By-law shall apply to all property within the limits of the Township.
8.2
A Municipal Law Enforcement Officer, Police Officer, Chief Building Official or any
other person as appointed under By-law by the Council of the Township, shall
enforce the provisions of this By-law.
8.3
The imperial measurements contained in this By-law are given for reference only.
8.4
An Officer may, at any reasonable times, enter upon land and into buildings
(excluding dwellings unless consent or a search warrant is granted) for the purpose
of carrying out an inspection, taking photographs and obtaining evidence to
determine whether the property complies with this By-law under the authority of
Section 436 of the Municipal Act. An Officer may seek a search warrant under
extraordinary circumstances and in consultation with management and the CAO.
An Officer may be accompanied by other Township of Algonquin Highlands
employees or an agent for this purpose.
8.5
Where an Officer has confirmed that a property is not maintained in accordance
with the requirements of this By-law, the Officer may, in addition to verbally
directing the owner to bring the property into compliance, serve the owner or
occupant with a notice of violation or an order in writing directing the owner to bring
the property into compliance with the By-law requirements and a copy of the order
Page 9 of 10 - By-law 2023-11 (Office Consolidation - Updated July 2026)
may be posted on the property. Every Person shall comply with an order issued
under the authority of this By-law.
8.6
Notwithstanding Section 8.5, the Officer may make an order indicating:
(a) to clean and clear-up the property and bring the property into compliance with
this By-law;
(b) the time for complying with the order;
(c) the required action(s) for compliance;
(d) notice that if the order is not complied with, within the prescribed time noted in
the order, the Township may carry out the required remedial action at the
owner's expense; and
(e) notice that the cost of the remedial work plus any administration fees may be
recovered by adding the amount to the tax roll for the property.
8.7
A written notice or order to the owner or occupant of a property may be served
personally upon the owner or occupant of the property or sent by registered mail
to the last known address of the owner or occupant according to the current tax
assessment rolls. If sent by registered mail, the notice shall be deemed to have
been served on the fifth (5th) day after mailing.
8.8
Where an owner or occupant, having been served with an order in the manner
described in Section 8.5, fails to comply with the notice or order within the time
specified, an officer, employee or agent may, upon producing appropriate
identification when so requested, enter onto the property at a reasonable time and
carry out any or all of the work required to bring the property into compliance with
this By-law and every owner or occupant shall comply.
8.9
Where the owner or occupant fails to comply with an order, the Corporation of the
Township of Algonquin Highlands may cause the property to be repaired in
accordance with such order, and the Township or a person acting on its behalf is
not liable to compensate the owner, occupant or any other person by reason of
anything done by or on behalf of the Township in the reasonable exercise of its
powers.
8.10 Any items, articles or materials removed from a property during a clean-up
conducted by the Township, or an agent of the Township may be immediately
disposed of by the Township or the agent of the Township without further notice to
the property owner or occupant.
8.11 Upon completion of the work necessary for compliance with the order under
Section 8.5, the Township of Algonquin Highlands shall have a lien on the property
for the amount spent on the remedial work and such costs, including an
administration fee. The amount including the administrative fee shall have priority
lien status, which means the total amount may be added to the tax roll for the
property and collected in the same manner as property taxes.
Part 9 - Continuing Offence
9.1
Each day that a situation as described in Sections 3 through 6 of this By-law is
allowed to continue, shall constitute a separate offence under this By-law and any
Judge or Justice of the Peace adjudicating on such matter may assess a separate
fine for each and every day that such situation has been allowed to continue.
Part 10 - Obstruction
10.1 No person shall hinder or obstruct, or attempt to hinder or obstruct, any person
who is exercising a power or performing a duty under this By-law.
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10.2 Any person who is alleged to have contravened any of the provisions of this By-
law shall identify themselves to an officer upon request. Failure to identify upon
request shall be deemed as obstruction of the officer.
Part 11 - Penalty Provisions
11.1 Every person who contravenes any provision of this By-law:
(a)
may be given a Penalty Notice in accordance with the Township of
Algonquin Highlands Administrative Monetary Penalty By-law (AMPS By-
law) and be liable to pay the Township the Administrative Penalty on the
amount specified by the Administrative Penalty By-law, for each day or part
of a day which the contravention continues; or (Repealed by By-law 2025-
27)
[11.1 Every person who contravenes any provision of this By-law is guilty of an
offence and upon conviction be liable to fines as provided for in the Provincial
Offences Act R.S.O. 1990, c. P. 33, as amended.] (Amended by By-law 2025-27)
11.2
If this By-law is contravened and a conviction entered, the court in which the
conviction has been entered and any court of competent jurisdiction thereafter may,
in addition to any other remedy and to any penalty that is imposed, make an order
prohibiting the continuation or repetition of the offence by the person convicted.
Part 12 - Administrative Monetary Penalties
[12.1 Every Person who contravenes a provision of this By-law shall upon the
issuing of a Penalty Notice under Township's Administrative Monetary
System By-law, as amended, is liable to pay the Township an
Administrative Monetary Penalty.] (Enacted by By-law 2025-27)
Part 13 - Validity and Severability
13.1 If a court of competent jurisdiction declares any provision or provisions of this By-
Law invalid, such provision or provisions are deemed severable, and it is the
intention of Council that the remainder of the By-law remain in full force and effect.
13.2 Where a provision of this By-Law conflicts with the provision of another By-Law in
force within the Township, the provisions that establish the higher standards to
protect the health, safety and welfare of the general public shall prevail.
Part 14 - Transitional Rules
14.1 After the date of the passing By-Law 2001-26 is hereby repealed.
14.2 Any notice or order issued, proceeding being conducted, or other action being
carried out under By-Law 2001-26 is deemed to continue under this By-Law.
14.3 This By-Law shall come into force and effect on the 20th day of April 2023.
READ a First, Second and Third time and finally passed this 20 day of April 2023.
_____________________________
Mayor Liz Danielsen
_____________________________
Clerk Dawn Newhook