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OFFICE CONSOLIDATION
This is a consolidation of the Town's by-law to regulate the height, location and
maintenance of fences and privacy screens, to prescribe the minimum requirements for
pool enclosures within the Town of Caledon and repeal By-law 2005¬36, as amended
and By-law 2016-091 being By-law Number 2017-68 as amended by By-law 2026-066.
The following consolidation is an electronic reproduction made available for information
purposes only and is not an official version of the by-law. Official versions of all by-laws
can be obtained from the Town Clerk by calling (905) 584-2272. If there are any
discrepancies between this consolidation and By-laws 2017-68 and 2026-066 the by-
laws shall prevail.
THE CORPORATION OF THE TOWN OF CALEDON
BY-LAW NO. 2017-68
A by-law to regulate the height, location and
maintenance of fences and privacy screens,
to prescribe the minimum requirements for
pool enclosures within the Town of Caledon
and repeal By-law 200536, as amended and
By-law 2016-091
WHEREAS Sections 5(3), 8, 11(3), 98, 391(1.1), 425, 429, 431, 436, 445 and 446 of the
Municipal Act, 2001, S.O. 2001, c. 25 authorize a municipality to regulate structures,
including fences, in the manner set out in this By-law;
AND WHEREAS the Council of The Corporation of the Town of Caledon deems it
necessary to regulate fences, privacy screens and pool enclosures within the Town of
Caledon;
NOW THEREFORE the Council of The Corporation of the Town of Caledon ENACTS AS
FOLLOWS:
Short Title
This By-law shall be known as the "Fence By-law".
Part 1 - DEFINITIONS
1.1
In this By-law:
"Building Code Act" means the Building Code Act, 1992, S.O. 1992, c. 23, as amended;
"Chief Building Official" means the Chief Building Official appointed by the Town of
Caledon pursuant to the Building Code Act or her or his designate;
"Constructed" means to be placed, built or installed by a person or caused or permitted to
be placed, built or installed by another person;
"Council" means the Council for The Corporation of the Town of Caledon;
"Designate" means an employee of the Town of Caledon who has been selected by the
Director or Chief Building Official to administer all or part of this By-law on their behalf;
"Director" means the Manager, Regulatory Services for the Town of Caledon, her or his
designate or, in the event of any organizational changes, a successor position;
"Electrical fence" means any fence or attachment thereto which is used to conduct electric
current;
"Fees By-law" means the Town of Caledon's Fees By-law, as amended;
"Fence" means a structure and any part thereof, which is used to enclose or divide in whole
or in part a yard or other land, used to establish a property boundary or used to provide
privacy; without limiting the definition of a fence, such definition may include a railing, wall,
line of posts, wire, gate, boards or pickets, metal, masonry or any similar materials but
shall not include a retaining wall;
"Finished grade" means the elevation of the finished ground at the base of a fence or
privacy screen and, in the case of a pool enclosure, shall mean the level of the proposed
or finished ground on both the interior and exterior of the enclosure;
"Guard" shall mean 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;
"Height" means the vertical distance measured between the finished grade and the highest
point of a fence, privacy screen, pool enclosure or any part thereof, directly above; in the
case of a fence, privacy screen or pool enclosure located on top of a retaining wall, height
shall mean the vertical distance between the top of the retaining wall and the highest point
of the fence, privacy screen or pool enclosure directly above;
"Lot" means a parcel or contiguous parcels of land in one ownership which is capable of
being legally conveyed in accordance with the Planning Act, R.S.O. 1990, c. P.13, as
amended, or is described in accordance with a registered plan of condominium;
"Lot line" means any boundary of a lot or the vertical projection thereof;
"Lot line, exterior side" means any lot line other than a front lot line which is also a street
line; in the case where a lot line abuts a 0.3 metre reserve block, which in turn abuts a
street line, such lot line shall be considered an exterior side lot line;
"Lot line, front" means, in the case of an interior lot, the lot line dividing the lot from the
street; in the case of a corner lot, the shorter lot line abutting a street shall be deemed to
be the front lot line except, where the lot lines abutting a street are the same length, the
lot line used for the principal entrance to the lot shall be deemed to be the front lot line;
"Lot line, interior side" means, except for corner lots, a lot line which intersects a front lot
line; for corner lots, interior side lot line means a lot line, other than an exterior side lot line,
which intersects the front lot line;
"Lot line, rear" means any lot line which is not a front lot line, an exterior side lot line or an
interior side lot line;
"Noise attenuation barrier" means a barrier which may be made of wood, concrete panels
or other materials and which is designed to suppress noise and sound;
"Ontario Building Code" means the Ontario Building Code established under the Building
Code Act;
"Owner" means the person holding registered title to the land, who owns or has charge or
is in control of the lot, land or other structure or part thereof, and includes a lessee, tenant,
occupant or a mortgagee in possession thereof;
"Person" means an individual, association, firm, partnership, corporation, trust,
incorporated company, corporation created under the Condominium Act, 1998, S.O. 1998,
c. 19, as amended, organization, trustee or agent, and the heirs, executors or other legal
representatives of a person to whom the context can apply according to law, and includes
the directors and/or officers of a corporation and an owner;
"Pool enclosure" means a fence, wall or combination thereof, including doors and gates
built to surround a privately owned outdoor swimming pool;
"Pool enclosure permit" means a permit issued under this By-law for a pool enclosure;
"Privacy screen" means a structure used as a visual barrier to shield any part of a yard
from view of any adjacent lot or street;
"Service entrance" shall mean the entrance into a building which is normally used by
persons accessing the building for the purpose of delivering goods or rendering
maintenance service as opposed to the main or principal entrance;
"Sight triangle" means the triangular space on a lot formed by two intersecting street lines
and a line drawn from a point on one street line across such lot to a point in the other
street line, each such point being the required distance from the point of intersection of
the street lines (measured along the street lines), and where the two street lines do not
intersect at a point, the point of intersection of the street lines shall be deemed to be the
intersection of the projection of the street lines or the intersection of the tangent to the
street lines, and the distance from the point of intersection of the street lines and forming
the sight triangle shall be 9 metres, except where one of the street lines is a Regional
Road, where the distance shall be 15 metres;
"Street" means a public thoroughfare under the jurisdiction of either the Town, the Region
of Peel or the Province of Ontario, but does not include a private lane, a private right-of-
way or a private road;
"Street line" means the limit of a street and is the dividing line between a lot and a street;
"Swimming pool" shall mean a body of water located outdoors, above-ground or in-ground,
on privately owned property, contained in whole or in part by artificial means, designed to
contain water to a depth of 610 millimetres or more, used or maintained for swimming,
diving or bathing, and which is not a pond located on land zoned agricultural by the Zoning
By-law and used for agricultural purposes;
"Town" means The Corporation of the Town of Caledon;
"Town designate" means a person who is an employee of the Town, and who has been
appointed by Council to administer and/or enforce all or part of this By-law on behalf of the
Town, and shall include any and all municipal By-law enforcement officers;
"Yard" means an open, uncovered space on a lot, appurtenant to a building and
unoccupied by buildings except as specifically permitted under the Zoning By-law;
"Yard, exterior side" means the yard extending from the exterior side lot line to the nearest
wall of the main building on the lot; an exterior side yard does not include any portion of the
front yard but shall extend to the rear lot line and incorporate any portion of the rear yard
between the exterior side lot line and where the two yards initially intersect;
"Yard, front" means a yard extending across the full width of the lot between the front lot
line and the nearest front wall of the main building located on the lot;
"Yard, interior side" means a yard extending from the interior side lot line to the nearest
side wall of the main building on the lot but does not include any portion of the front yard
or rear yard;
"Yard, rear" means a yard extending across the full width of the lot between the rear lot
line and the nearest rear wall of the main building located on the lot;
"Zone" or "Zoned" means a designated area of land use in accordance with the Zoning By-
law;
"Zoning By-law" means the Town's Zoning By-law, as amended.
PART 2 - Application
2.1
Except where specified otherwise in this By-law, the provisions contained herein
shall apply to all lands within the limits of the Town.
2.2
The Line Fences Act, R.S.O. 1990, c. L. 17, as amended, shall not apply in any
part of the Town.
2.3
A fence shall be deemed to be in compliance with this By-law if it existed prior to
the effective date and is in accordance with the provisions for fences contained in
the By-laws then applicable or a variance granted by Council. Where, in the opinion
of the Director, a fence does not meet this threshold, such a fence shall be required
to comply with this By-law.
2.4
The provisions of this By-law shall not apply to any fence, privacy screen or noise
attenuation barrier constructed by, or under the direction of, the Government of
Canada, Province of Ontario, Region of Peel or the Town.
2.5
In the event of a conflict between the provisions of this By-law and the Zoning By-
law, the provisions of the Zoning By-law shall prevail. To the extent of a conflict
between this By-law and any other Town By-law in effect, the provisions that
establish the higher standard to protect the health, safety and welfare of the public
shall prevail.
2.6
Nothing in this By-law constitutes an exemption from the requirements of any other
By-law in effect or applicable legislation, including but not limited to the Building
Code Act, the Ontario Heritage Act, R.S.O. 1990, c. O.18, as amended and the
Niagara Escarpment Planning and Development Act, R.S.O. 1990, c. N.2, as
amended.
Exceptions
2.7
With the exception of Section 6.10, the provisions of this By-law shall not apply to
any fence, privacy screen or noise attenuation barrier constructed in accordance
with a site plan agreement, subdivision agreement or other development
agreements and applications approved by the Town.
2.8
Notwithstanding Sections 3.1 through 3.3, where a fence is used to enclose or
delineate an area required as part of a recreational facility, such as a tennis or
basketball court, the fence is permitted to have a maximum height of 3.5 metres
provided the fence is of chain link construction.
2.9
No part of this By-law shall limit the construction of a fence:
(1) on a railway right-of-way or other railway lands; and
(2) by a local hydro utility provider.
PART 3 - Fence Height Provisions
Residential Zones
3.1
No fence in a residential zone shall be constructed unless in accordance with the
following:
(1) a fence in a front yard shall not exceed 1.5 metres in height;
(2) a fence in an interior side yard shall not exceed 2 metres in height;
(3) a fence in an exterior side yard shall not exceed 1.5 metres in height; and
(4) a fence in a rear yard shall not exceed 2 metres in height.
3.2
Notwithstanding the provisions outlined in Section 3.1:
(1) in the front yard of a lot within a registered plan of subdivision, no fence shall
exceed 1 metre in height; and
(2) where a fence on a residentially zoned lot directly abuts a commercially,
industrially or institutionally zoned lot, that portion of the fence is permitted to
be constructed to a maximum height of 3 metres.
Commercial, Industrial and Institutional Zones
3.3
No fence in a commercial, industrial or institutional zone shall be constructed
unless in accordance with the following:
(1) a fence in a front yard shall not exceed 1 metre in height; and
(2) a fence in an interior side yard, exterior side yard or rear yard shall not exceed
3 metres in height.
PART 4 - Privacy Screen Provisions
4.1
A privacy screen shall not be constructed unless it is within an interior side yard,
exterior side yard or rear yard of a lot in a residential zone, and in accordance with
the following provisions:
(1) no privacy screen shall exceed 3 metres in height;
(2) a privacy screen shall be located no less than 1.5 metres from an interior side
lot line;
(3) a privacy screen shall be located no less than 1.5 metres from a rear lot line;
(4) a privacy screen shall be located no less than 4.5 metres from an exterior side
lot line or a front lot line; and
(5)
the total length of a privacy screen, or where more than one privacy screen exists,
the total combined length of all privacy screens, shall not exceed 8 metres on a lot.
4.2
Notwithstanding Section 4.1(2), where a privacy screen is located to provide a
visual barrier between dwelling units divided by a common wall, such a privacy
screen shall be constructed no less than 30 centimetres from an interior side lot
line.
4.3
Where a privacy screen is constructed on or as part of a deck or platform, the
height of the privacy screen shall not exceed 2 metres as measured from the top
of such deck or platform.
Part 5 - Pool Enclosures
5.1
Sections 2.3, 6.7, 6.9 and 6.11 shall not apply to any fence that is included as part
of a pool enclosure and a variance, in accordance with Sections 7.5 through 7.10,
shall not be granted to Part 5 of this By-law.
Prohibitions
5.2
No part of a swimming pool shall be constructed:
(1) without first obtaining a pool enclosure permit; or
(2) contrary to an approved pool enclosure permit.
5.3
No owner shall place water, or permit water to be placed, or permit water to
remain in a swimming pool unless:
(1) a pool enclosure has first been constructed around such pool;
(2) a pool enclosure permit has been issued; and
(3) the pool enclosure has been inspected and deemed to be in compliance with
this By-law by the Chief Building Official or Town designate.
5.4
No pool enclosure shall be constructed around a swimming pool without the prior
issuance of a pool enclosure permit.
5.5
No owner shall place water, or permit water to be placed, or permit water to
remain in a swimming pool where a pool enclosure has deteriorated, has become
unsafe or dysfunctional.
5.6
No swimming pool shall be constructed which impacts the grading so as to
adversely affect the drainage of the land upon which it is located, or the drainage
of the surrounding land and the finished grade shall be required to be accepted
by the Chief Building Official or Town designate.
5.7
No person shall discharge water from a swimming pool such that:
(1) the water discharge flows directly or indirectly into a storm sewer or storm
drainage system;
(2) the water discharge flows onto an adjoining property;
(3) the water discharge flows over a valley or ravine wall; or
(4) the water discharge causes erosion or instability to the valley or ravine slope.
Pool Enclosure Specifications
5.8
Every owner shall ensure that the pool enclosure:
(1) has a height of not less than 1.2 metres at any point above finished grade;
(2) is made of chain link, wood, metal, masonry, a combination of these materials
or other materials or construction as approved by the Chief Building Official;
(3) does not encroach into the front yard;
(4) is located not less than 1.2 metres from the perimeter of the swimming pool, as
measured from the waters' edge; and
(5) does not include a privacy screen as part of the pool enclosure.
5.9 When a wall of a building forms part of the pool enclosure, a main or service
entrance to the building shall not be located within the pool enclosure.
5.10 Notwithstanding Section 5.9, a service entrance to the building may be located
within the pool enclosure where a sign is maintained directing all service personnel
to use the main entrance.
5.11
No exterior service meters or intakes shall be located within a pool enclosure.
5.12 No projection, rail, attachment or any other bracing on the exterior of a pool
enclosure shall be constructed in a manner which facilitates climbing.
5.13 No object located within 1.2 metres of the exterior side of a pool enclosure, on the
property where the pool enclosure is located or any adjacent property, shall
facilitate climbing, including but not limited to, any fence not part of the pool
enclosure, privacy screen, tree, landscaping element, air conditioning unit, meter,
steps, ledges, windows or sills.
5.14 No person shall place or lean any object against or near the exterior of a pool
enclosure in a manner that may facilitate the climbing of such pool enclosure.
5.15 No part of a pool enclosure shall contain barbed wire, electrical wiring, sharp
projections or any other objects and/or materials that would create a danger to
the safety of persons or animals.
5.16 The provisions of this By-law shall not prevent the use of an existing pool enclosure
if:
(1) the pool enclosure was lawfully constructed prior to the effective date of this
By-law; and
(2) the pool enclosure has been continuously maintained and kept in good repair
both before and after the effective date of this By-law.
5.17 Where an existing pool enclosure, or any portion thereof, is replaced, the replaced
pool enclosure shall be constructed in accordance with this By-law.
Pool Enclosure Material
5.18 Chain Link Fencing: Where a pool enclosure is made of chain link fencing, it shall
be constructed in accordance with the following specifications:
(1) the fence shall be made of medium grade pipe;
(2) the fence shall commence no more than 100 millimetres above the finished
grade;
(3) the fabric shall be of 2.5 millimetre (12 gauge) galvanized material with 38
millimetre maximum mesh;
(4) the line posts shall be:
(a) galvanized;
(b) capped;
(c) a minimum of 27 millimetres outside diameter; and
(d) set in concrete 1.2 metres below finished grade;
(5) the terminal posts shall be:
(a) galvanized;
(b) capped;
(c) a minimum of 48 millimetres outside diameter; and
(d) set in concrete 1.2 metres below finished grade;
(6) the maximum distance between every post shall be 3 metres;
(7) the top rail shall be:
(a) galvanized;
(b) a minimum of 35 millimetres outside diameter;
(8) the wire along the bottom of the pool enclosure shall be:
(a) galvanized;
(b) a minimum of 3.5 millimetre (9 gauge) thickness.
5.19 Wood Fencing: Where a pool enclosure is m ad e of wood, it shall be constructed
in accordance with the following specifications:
(1) it shall be made using wood that is:
(a) pressure-treated; and
(b) redwood, cedar, or any other type of wood which is naturally resistant to
weathering over a prolonged period of time;
(2) the line posts shall be:
(a) a minimum of 100 millimetres by 100 millimetres in cross-section; and
(b) in ground or set in concrete to a minimum of 1.2 metres below finished
grade;
(3) the maximum distance between every post shall be 2.4 metres;
(4) between the posts horizontal frame members supporting vertical panels shall
be installed;
(5) the horizontal frame members shall be a minimum of 38 millimetres by 89
millimetres and not less than 1.2 metres apart;
(6) the vertical panels shall be a minimum of 100 millimetres above the finished
grade; and
(7) the spacing between the vertical panels shall be a minimum of 12.7 millimetres
and a maximum of 89 millimetres.
5.20 Metal Fencing: Where a pool enclosure is made of metal, and is not chain link
fencing, it shall be constructed in accordance with the following specifications:
(1) it shall be made of wrought iron, steel, aluminum or other similar metal
material;
(2) the vertical posts shall be:
(a) a minimum of 2.5 millimetres (12 gauge) in thickness;
(b) a minimum 38 millimetres square tube;
(c) capped;
(d) set in concrete to a minimum of 1.2 metres below finished grade; and
(e) a maximum distance of 2.4 metres apart;
(3) the horizontal bars shall be:
(a) a minimum of 1.2 millimetres (18 gauge ) in thickness;
(b) a minimum 25.4 millimetres square tube; and
(c) spaced not less than 1.2 metres apart;
(4) the vertical bars shall be:
(a) a minimum of 1.2 millimetres (18 gauge) in thickness;
(b) a minimum 12.7 millimetres round or square tube;
(c) spaced no more than 89 millimetres apart; and
(d) located at no less than 100 millimetres above the finished grade.
5.21 Masonry: Where a pool enclosure is made of masonry materials, it shall be
constructed in accordance with the following specifications:
(1) it shall be of solid construction or masonry panels;
(2) it shall be constructed on a poured concrete footing located at a minimum
depth of 1.2 metres below finished grade;
(3) all openings in the masonry panels shall not exceed 89 millimetres in width;
and
(4) it shall comply with the provisions of the Building Code Act.
Gates
5.22 Unless otherwise approved by the Chief Building Official, every pool enclosure
shall have a gate that is:
(1) made of chain link, wood, metal materials or precast lightweight concrete
panels;
(2) a minimum height of 1.2 metres above finished grade, and a maximum height
equal to the height of the fence included as part of the pool enclosure;
(3) supported by hinges; and
(4) equipped with a self-closing, self-latching device located on the inside of the
gate, at or near the top of the gate.
5.23 The owner shall keep the gate closed and locked at all times.
5.24 The owner shall, at all times, maintain the gate and the self-closing, self-latching
device on the gate in good repair.
Exemptions
5.25 Notwithstanding any other provision of this By-law, a pool enclosure is not required
for:
(1) an above-ground swimming pool with a deck that has:
(a) a minimum height of 1.2 metres above finished grade;
(b) a guard complying with the Ontario Building Code;
(c) all structures below the deck with a smooth surface; and
(d) steps which swing up to close the top guard with a locking device which
secures the steps in a stationary position as a gate; or
( ) stairs with a protective guard acting as a gate in accordance with
Sections 5.22 through 5.24; the distance between the lowest point of the
gate and the deck shall not exceed 100 millimetres;
(2) an above-ground swimming pool that:
(a) has smooth-facing walls in excess of 1.2 metres in height above finished
grade; and
(b) is manufactured so that there is no access to the above-ground pool
except by means of steps which swing up into a locked position, or which
are removed when the pool is not in use;
(3) any hot tub, whirlpool or spa which is equipped with a substantial hard cover
that is locked to ensure that the cover cannot be removed and, the locked cover
shall be equipped whenever the hot tub, whirlpool or spa is not in use.
Inspections
5.26 Every owner, having submitted a pool enclosure permit application, shall
schedule an inspection of the swimming pool and the pool enclosure with the
Chief Building Official or appropriate Town designate:
(1) at the completion of the construction of the prescribed pool enclosure; and
(2) prior to the swimming pool being filled with water.
5.27 For the purposes of Section 5.26 of this By-Law, being "filled with water" shall
mean containing or holding water exceeding 610 millimetres in depth, at any
point.
Application and Securities
5.28 An application for a pool enclosure permit shall be submitted to the Chief Building
Official on the application form prescribed by the Town and shall only be deemed
to be complete and ready for a review if it includes:
(1) a title search;
(2) two copies of a site plan, drawn to scale and fully dimensioned showing the:
(a) lot on which the pool enclosure is to be constructed;
(b)location of all existing and proposed buildings, structures and landscaping;
(c) location, dimensions and maximum depth of the swimming pool;
(d) location of any equipment related to the swimming pool;
(e) location of any service metres;
(f) location of any building entrances on the lot;
(g) heights of all sections of the pool enclosure;
(h) setback distance from the water's edge to the pool enclosure;
(i) distance from the pool enclosure to all lot lines, buildings, structures and
landscaping;
(j) location of any easement on the lot; and
(k) location of any proposed changes to the grading or drainage patters on
the lot;
(3) two copies of all plans, elevations and specifications drawn to scale and fully
dimensioned, showing sufficient detail to determine compliance with the
provisions of this By-law;
(4) any other material deemed necessary by the Chief Building Official;
(5) payment of the fee as outlined in the Town's Fees By-law.
5.29 Prior to the issuance of a pool enclosure permit, the Chief Building Official may
require that the applicant:
(1) provide security, in a form and amount determined by the Chief Building
Official, to secure the performance of any work necessary:
(a) to reinstate the lands disturbed by the installation of the swimming pool
and the pool enclosure;
(b) to repair any lands or buildings owned by the Town damaged by the
installation of the swimming pool or pool enclosure; and
(c) to comply with any conditions of the pool enclosure permit;
(2) provide consent in writing to the entry by the Town upon the lands where the
work is to be, or was, performed in order that the Town may:
(a) reinstate the lands disturbed by the installation of the swimming pool and
pool enclosure;
(b) repair any Town lands or buildings damaged by the installation of the
swimming pool and pool enclosure; and
(c) carry out any outstanding conditions of the pool enclosure permit.
PART 6 - General Provisions
Sight Triangles and Visibility
6.1
Within a sight triangle, no fence or privacy screen shall be constructed so that the
top exceeds 1 metre in height above the elevation of the adjacent streets.
6.2
No fence or privacy screen shall be constructed which, by reason of its location,
design or materials, obstructs the visibility of motorists or pedestrians, traffic
sightlines or which obstructs or detracts from the visibility or effectiveness of any
traffic sign or control device.
6.3
Where the outside storage of goods, materials and equipment is permitted in
accordance with the Zoning By-law, such goods, materials and equipment shall be
screened by a fence which is effective to avoid an unsightly condition deleterious
to the neighbouring environment.
Fences on Town Lands
6.4
No fence or privacy screen shall be constructed on any lands owned by the Town,
which includes but is not limited to any street or road allowance, opened or
unopened, any Town right-of-way or Town easement.
6.5
Where a fence or privacy screen abuts Town owned land, that portion of the fence
or privacy screen shall not include a gate.
Hazardous Fences
6.6
No privacy screen shall be electrified or include any barbed wire or similar sharp
material capable of causing injury.
6.7
No fence shall include any barbed wire, or similar sharp material capable of causing
injury, with the exception that a fence may include barbed wire where such a fence
is constructed on a lot which is zoned agricultural or rural and is actively being used
for an agricultural purpose.
6.8
Notwithstanding Section 6.7, no fence shall include any barbed wire, or similar
sharp material capable of causing injury, if located on a lot that abuts a residential
zone.
6.9
An electrical fence shall only be located on a lot within an agricultural or rural zone
that is actively being used for an agricultural purpose and every electrical fence
shall be in accordance with the following provisions:
(1) an electrical fence shall have a maximum 12 volt charge;
(2) an electrical fence shall be designed solely to contain animals;
(3) at 15 metre intervals an electrical fence shall have warning signs which indicate
that the fence carries electricity; and
(4) an electrical fence shall be located 0.3 metres inside of a lot line.
Maintenance Standards
6.10 Every fence, privacy screen and noise attenuation barrier shall be constructed and
maintained to ensure:
(1) that it does not cause or create an unsightly appearance;
(2) that it is structurally sound and upheld in a vertical position;
(3) that it is kept in a state of good repair and free of any safety hazards; and
(4) that it does not have affixed to it any signs or posters and at all times shall be
kept clean of any graffiti.
6.11 Notwithstanding Section 2.3, where fifty percent (50%) or more of any fence or privacy
screen is to be replaced or repaired, or in the opinion of the Director, a fence or
privacy screen is substantially replaced or repaired, the fence or privacy screen
shall meet the requirements of this By-law.
6.12 Where a portion of a fence or privacy screen is replaced or repaired, similar materials
to that used in the original fence or privacy screen shall be used.
6.13 No fence or privacy screen shall be used as a support for any structure, object or
thing that is, or is capable of, causing force to be exerted against or upon such
fence or privacy screen.
PART 7 - Administration
7.1
The Director and Town designates shall be responsible for the administration and
enforcement of this By-law with the exception that the Chief Building Official and
Town designates shall be entirely responsible for the administration and
enforcement of Part 5.
7.2
Where the status of any structure or yard is in question, the Director shall decide if
such a structure constitutes a fence, privacy screen or noise attenuation barrier
and, in the case of a yard, whether such a yard constitutes a front yard, interior
side yard, exterior side yard or rear yard.
7.3
The Director is hereby delegated the authority to administer the variance process
as outlined herein.
7.4
The Chief Building Official is hereby delegated the authority to provide an approval
in accordance with Part 5 of this By-law.
Variance Process
7.5
Where a proposed or existing fence or privacy screen is not in compliance with this
By-law, the owner of the lot on which the fence or privacy screen is or is proposed
to be constructed, or an authorized agent of the owner, may request a variance
from any of the applicable provisions of this By-law.
7.6
A request for a variance shall be submitted to the Director on the application form
prescribed by the Town and shall only be deemed to be complete and ready for a
review by the Director if it includes:
(1) the name, address and contact information of the applicant;
(2) the address of the lot germane to the variance request;
(3) reference to the specific Section(s) of the By-law from which the variance is
sought;
(4) a detailed description explaining why the applicant requires the variance;
(5) a description of the fence and/or privacy screen including the dimensions and
the specifications of the construction and installation;
(6) a survey of the lot identifying the location of the fence and/or privacy screen;
(7) a site plan of the lot identifying the location of the fence and/or privacy screen;
(8) any other material deemed necessary by the Director to evaluate the request;
and
(9) payment of the non-refundable fee as outlined in the Town's Fees By-law.
7.7
Upon receipt of a complete application, the Director shall provide notice of the
variance request to all adjacent property owners whose lots directly abut any
portion of the lot which the application pertains to. Notice shall be delivered to the
adjacent owners:
(1) personally, with service deemed effective on the date given;
(2) by posting the notice in a conspicuous location on their lot, with service deemed
effective on the day after posting; or
(3) by registered mail, with service deemed effective on the fifth (5th) day after
mailing.
7.8
The Director is authorized to approve or refuse a request for a variance from the
provisions of this By-law. A request may be approved by the Director in whole or
in part with terms and conditions as deemed necessary.
7.9
In considering a request for a variance, the Director shall have regard to the
following:
(1) whether it is in accordance with the general intent and purpose of the By-law;
(2) if approved, would the resulting fence or privacy screen be in keeping with the
surrounding area and would there be any negative impact on adjacent
residents;
(3) are there any special circumstances and would strict application of the
provisions of this By-law result in unnecessary difficulty or hardship for the
applicant; and
(4) would approval of the variance result in any impacts to the health, safety or
welfare of the public.
7.10 The decision of the Director shall be deemed final, without any further right of appeal.
PART 8 - Enforcement
Powers of Entry and Inspection
8.1
Any Town designate may at any reasonable time enter upon any land for the
purpose of carrying out an inspection to determine whether the following are being
complied with:
(1) this By-law;
(2) any direction or order under this By-law;
(3) any condition applied to a variance or on a pool enclosure permit under this By-
law; and
(4) an order issued under Section 431 of the Municipal Act.
8.2
Submission of an application for a pool enclosure permit or variance is deemed to
be the consent of the owner for any Town designate to enter at any reasonable
time onto the lot or any lands relevant to the application for the purpose of carrying
out an inspection.
8.3
Where an inspection is conducted in accordance with Part 8 of this By-law, any
Town designate may:
(1) require the production of documents and things for review that may be relevant
to the inspection;
(2) inspect and remove documents or things which may be relevant to the
inspection for the purpose of making copies;
(3) require information from any person concerning a matter related to the
inspection, including but not limited to name(s), address(es), contact
information, and proof of identity or other identification; and
(4) alone or in conjunction with a person possessing special or expert knowledge,
make examinations or take tests, samples or photographs necessary for the
purpose of the inspection.
8.4
No person shall hinder or obstruct, or attempt to hinder or obstruct, any Town
designate from exercising any power or authority, or performing a duty as permitted
under this By-law.
8.5
No person shall decline or neglect to give, produce or deliver any access,
information, document or other thing that is requested by any Town designate
pursuant to this By-law.
8.6
Every person from whom information, or any other thing, has been requested in
relation to an inspection conducted under this By-law shall identify themselves to
any Town designate and failure to identify shall constitute hindering and/or
obstructing under Section 8.4.
Orders
8.7
Where a Town designate is satisfied that a contravention of this By-law, or a pool
enclosure permit or variance issued pursuant to this By-law, has occurred, the
Town designate may make an order requiring the person who caused or permitted
such contravention, or the owner of the land upon which the contravention
occurred, to discontinue the contravening activity and/or to correct the
contravention.
8.8
An order pursuant to Section 8.7 shall set out the following:
(1) the municipal address and/or the legal description of the land or lot on which
the contravention occurred;
(2) reasonable particulars of the contravention;
(3) what is required of the person subject to the order to bring the contravention
into compliance;
(4) the date by which there must be compliance with the order; and
(5) notice that if compliance is not achieved by the prescribed date, the Town may
do the work and expense the cost in accordance with Section 8.12.
8.9
An order may be delivered:
(1) personally, with service deemed effective on the date given;
(2) by pre-paid ordinary mail, with service deemed effective on the fifth (5th) day
after mailing;
(3) by registered mail, with service deemed effective on the fifth (5th) day after
mailing;
(4) by placing the order in the mailbox or other depository ordinarily used for mail,
with service deemed effective on the fifth (5th) day after placing or depositing
the order; and/or
(5) by posting the order in a conspicuous location on the land or lot on which the
contravention occurred, with service deemed effective on the day after
posting.
8.10 A Town designate may enter upon the land for the purpose of serving an order
pursuant to Section 8.9.
8.11 Any person to whom an order is issued shall comply with the order.
Remedial Action and Cost Recovery
8.12 Wherever this By-law, or an order issued under this By-law, directs or requires
any matter or thing to be done by any person within a specified time period, in
default of it being done by the specified time period, remedial action may be
initiated by the Director, Chief Building Official or a Town designate. The Town
may recover, from the person directed or required to do the matter or thing, the
costs incurred through a legal action or by recovering the costs in the same
manner as taxes.
8.13
For the purposes of taking remedial action under Section 8.12, the Town, its Staff
and/or its agents may enter, at any reasonable time, upon any lands on which a
default to carry out a required thing or matter occurred.
Infractions and Penalties
8.14 Every person who contravenes any provision of this By-law is guilty of an offence
and upon conviction is liable to a fine as provided for by the Provincial Offences
Act, R.S.O. 1990, c. P.33, as amended.
8.15 In addition to Section 8.14 of this By-law, any person who is charged with an
offence under this By-law by the laying of an information under Part III of the
Provincial Offences Act, upon conviction is liable, pursuant to the fine provisions of
the Municipal Act to a fine as follows:
(1) to a minimum fine of $500 and to a maximum fine of $100,000;
(2) for each day or part of a day that the offence continues, to a minimum fine of
$500 and a maximum fine of $10,000, and the total of all daily fines for the
offence is not limited to $100,000; and
(3) in the case of multiple offences, for each offence included in the multiple
offence, to a minimum fine of $500 and a maximum fine of $10,000, and the
total of all fines for each included offence is not limited to $100,000.
8.16
If any Section of this By-law is contravened and a conviction entered, in addition to
any other remedy and to any penalty imposed by this By-law, the Court in which
the conviction has been entered and any Court of competent jurisdiction thereafter
may make an order prohibiting the continuation or repetition of the offence by the
person convicted.
[Section 8.17
added, By-law
2026-066,
effective June
23, 2026]
8.17
Every Person who contravenes any provision of this By-law, including an Order
issued under this By-law, is guilty of an offence and is liable to pay to the Town an
Administrative Penalty and any Administrative Fees, where applicable, pursuant to
the Administrative Monetary Penalty System By-law 2024-086, as amended.
Part 9 - Severability
9.1 Should any Section, Subsection, clause, paragraph or provision of this By-law be
declared by a Court of competent jurisdiction to be invalid, the same shall not
affect the validity of this By-law as a whole or any part thereof, other than the
provision so declared to be invalid.
Part 10 - Transition
10.1 By-law 2005-36, By-law 2016-091, and all amendments thereto shall be repealed
upon this By-law coming into effect.
10.2 This By-law shall come into full force and effect on January 1, 2018.
Enacted by the Town of Caledon Council this 7th day of November, 2017.
"Allan Thompson"
Allan Thompson, Mayor
"Carey deGorter"
Carey deGorter, Clerk