This is the exact embedded text of the captured official document.
Snapshot 7cfad1efa8ea · verified 2026-08-28 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
OFFICE CONSOLIDATION
This is a consolidation of the Town's by-law to provide for the regulation
of encroachments on boulevards and make consequential amendments
to the Traffic By-law 2015-58 as amended being By-law 2022-027
amended by By-law 2026-066. This is prepared for reference and
information purposes only. The following consolidation is an electronic
reproduction made available for information only. It is not an official
version of the by-law. Official versions of all by-laws can be obtained
from the Legislative Services section by calling (905) 584-2272. If there
are any discrepancies between this consolidation and By-laws 2022-
027 and 2026-066 the By-laws shall prevail.
THE CORPORATION OF THE TOWN OF CALEDON
BY-LAW NO. 2022-027
A By-law to provide for the regulation of
encroachments
on
boulevards
and
make
consequential amendments to the Traffic Bylaw,
2015-58 as amended
WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c.25, as amended (the "Municipal
Act, 2001")provides that the powers of a municipality shall be interpreted broadly to enable a
municipality to govern its affairs as it considers appropriate and enhance its ability to respond
to municipal issues;
AND WHEREAS section 11(3) of the Municipal Act, 2001 provides that a municipality may
pass by-laws within the following spheres of jurisdiction: highways, including parking and traffic
on highways; culture, parks, recreation and heritage; structures, including fences and signs;
AND WHEREAS sections 23.1 and 23.2 of the Municipal Act, 2001 authorizes a municipality
to delegate certain powers and duties including the delegation of legislative or quasi-judicial
powers to officers, employees or agents of the municipality where Council is of the opinion the
power being delegated is minor having regard to, in addition to any other factors it wishes to
consider, the number of people, the size of the geographic area and the time period affected
by the exercise of power;
AND WHEREAS it is the opinion of the Council of The Corporation of the Town of Caledon
that the powers delegated through these amendments, having regard to the number of people,
the size of geographic area and the time period affected by an exercise of the powers, of a
minor nature;
AND WHEREAS section 391(1)(c) of the Municipal Act, 2001 provides that a municipality may
pass by-laws imposing fees or charges on persons for the use of its property including property
under its control;
AND WHEREAS section 446(1) of the Municipal Act, 2001 provides that a municipality, in
default of a person doing things that he or she is required to do under by-law, may do such
things at the Person's expense;
AND WHEREAS section 446(2) of the Municipal Act, 2001 provides that for purposes of
section 446(1) the municipality may enter upon land at any reasonable time;
AND WHEREAS section 446(3) of the Municipal Act, 2001 provides that the costs incurred by
a municipality in doing matters or things under section 446(1) may be recovered by adding the
costs to the tax roll and collecting them in the same manner as taxes;
AND WHEREAS the Council of The Corporation of the Town of Caledon considers it necessary
and desirable to pass a by-law to address the needs of its community by regulating the
responsible use of the public realm, while protecting the broader public interest by ensuring the
safety and accessibility of its property, including property under its control;
NOW THEREFORE the Council of The Corporation of the Town of Caledon ENACTS AS
FOLLOWS:
Short Title
1. This By-law shall be known and may be cited as the "Encroachment By-law".
Part 1 - Definitions
1.1
In this By-law:
"Adjacent boulevard" means the boulevard immediately adjacent to the front, side, rear or
exterior side of a property;
"Adjacent sidewalk" means the sidewalk immediately adjacent to the front, side, rear or exterior
side of a property;
"Boulevard" means the portion of a highway which may be paved, unpaved, grassed or
landscaped with other materials, and is situated between the curb or edge of the roadway and
the adjacent property line on both sides of a highway;
"Boulevard garden" means plants, flowers, hedges, shrubs or vegetation, or combination
thereof, that is planted in an adjacent boulevard, but does not include noxious weeds or
invasive plant species;
"Curb" means the lateral boundary of the roadway, whether such lateral boundary is physically
marked or not;
"Director" means either the Town's Director, Engineering Services or the Director, Operations,
acting either individually or together, or such persons as they may designate to carry out their
duties and, in the event of organizational changes, includes the successor position(s);
"Encroachment" means any type of soft landscaping, tree edging, vegetation, natural or man-
made object or item of personal property not belonging to the Town which exists wholly upon,
or extends from private property onto the boulevard, and can be aerial, surface or subsurface;
"Encroachment agreement" means an agreement between an owner and the Town that may
be required as part of an encroachment permit;
"Encroachment permit" means a document issued by the Town granting a person permission
to erect, plant, place or continue an encroachment;
"Highway" means a common and public roadway, avenue, parkway, boulevard, driveway,
square, place, bridge, cul-de-sac, viaduct or trestle, any part of which is intended for or used
by the general public for passage of vehicles or pedestrians, and includes the area between
the lateral property lines thereof;
"Minor Encroachment" means any encroachment onto the boulevard that the Town has
determined may be allowed without the need for an encroachment permit and includes soft
landscaping and tree edging;
"Municipal boundary" means the geographic boundary encompassing the Town of Caledon;
"Officer" means an individual that is an employee of the Town who has been appointed
pursuant to a Town By-law as a Municipal By-law Enforcement Officer and shall include the
Director, Building and Municipal Law Enforcement Services;
"Owner" means a person holding registered title to private property;
"Person" means an individual, corporation, association, firm, sole-proprietorship, partnership,
trust, organization and includes the directors and officers of a corporation, a corporation
created under the Condominium Act, 1998, S.O. 1998, c. 19, as amended, and the trustees,
agents, heirs, executors or other legal representatives of a person to whom the context can
apply according to law;
"Personal property" means any object or item of property other than real property, and
including any fixture to real property, that is owned by a person;
"Private property" means a parcel of real property, as it is described in the records of the land
registry office and which is within the municipal boundary of the Town, that is owned by a
person, including all buildings and structures thereon, and does not include public land;
"Public land" means any land owned by the Town, made available to the Town by lease,
agreement or otherwise, or under the management of the Town;
"Receptacle" means any container, bin, cart or bag used to contain waste
material; "Region" means the Regional Municipality of Peel;
"Roadway" means part of a highway used or intended to be used for vehicular travel by the
general public;
"Sidewalk" means an improved portion of a highway between the roadway and the adjacent
property line intended for the use of pedestrians and includes a multi-use trail or path;
"Shoulder" means the area adjacent to the roadway where there is no curb, but does not
include a sidewalk and may have an asphalt or granular surface;
"Soft landscaping" means a boulevard garden, grass or wood chips;
"Town" means The Corporation of the Town of Caledon;
"Utility" means any utility infrastructure including, but limited to, streetlight poles and conduit,
natural gas lines and associated appurtenances, Bell boxes and conduit, Rogers or cable TV
boxes and Hydro power boxes and conduit;
Part 2 - Application
2.1
This By-law does not apply to the following:
(1) signs erected on behalf of the Town or any other sign as authorized by the Sign
By-law 2017-54, as amended, or its successor by-law;
(2) receptacles or waste items set out on the boulevard for collection services in
compliance with the standards as set out in the Region's Waste Collection By-law
35-2015, or its successor by-law;
(3) rural and Canada Post community mailboxes erected on the boulevard and
maintained in compliance with the requirements of the Mail Receptacles
Regulations under the Canada Post Corporation Act;
(4) an encroachment permitted as a result of a written agreement with the Town,
other than an encroachment permit;
(5) roadside memorials in accordance with the following:
(a) does not create a public safety hazard;
(b) does not inhibit or obstruct Town operations;
(c) does not inhibit or obstruct access to fire hydrants, post office boxes, or any
installations belonging to the Town, Region or utility provider; or
(6) utility infrastructure.
Part 3 - Encroachments Prohibited
3.1
No person shall erect, plant, place or continue, or cause to be erected, planted, placed
or continued an encroachment on public land.
3.2
Notwithstanding Section 3.1, an owner may, without any further approval from the
Town, erect, plant, place or continue a minor encroachment on an adjacent boulevard
directly abutting their private property in accordance with Part 4 of this By-law.
Part 4 - Minor Encroachments
Soft Landscaping
4.1
Every owner shall be permitted to plant a boulevard garden in accordance with the
following:
(1) shall not be planted in, or overhang a shoulder, sidewalk or roadway;
(2) shall be maintained so as to not exceed one hundred (100) centimetres
(approximately thirty-nine (39) inches) in height;
(3) shall be at grade with any adjacent sidewalk; and
(4) shall not be planted within thirty (30) centimetres (approximately eight (8) inches)
in height.
4.2
Every owner shall be permitted to place sod, seed or otherwise grow grass on an
adjacent boulevard in accordance with the following:
(1) shall not be grown on the shoulder or sidewalk; and
(2) shall not exceed twenty (20) centimetres (approximately eight (8) inches) in height.
4.3
Every owner shall be permitted to place wood chips around the base of a boulevard
tree and the wood chips shall not exceed ten (10) centimetres (approximately four (4)
inches) in height.
Tree Rings
4.4
Every owner shall be permitted to erect tree rings around the base of a boulevard tree
in accordance with the following:
(1) shall not exceed fifteen (15) centimetres (approximately six (6) inches) in height;
(2) shall have a minimum radius of sixty (60) centimetres (approximately twenty-four
(24) inches) from the base of the tree;
(3) shall have a minimum setback of thirty (30) centimetres (approximately twelve
(12) inches) from a sidewalk;
(4) shall be kept in good repair; and
(5) shall be modular and not rely on a fixed foundation for its support.
General Prohibitions
4.5
No owner shall erect, plant, place or continue, or cause to be erected, planted, placed
or continued a minor encroachment:
(1) that is sharp or dangerous in any way, or which may cause damage or injury to a
person or thing;
(2) that 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;
(3) that extends onto the boulevard fronting any neighboring property when the common
lot line is projected perpendicular to the roadway;
(4) that inhibits or obstructs Town operations including but not limited to snow ploughing,
maintenance of Town trees or the repair and maintenance of Town Infrastructure;
(5) that inhibits or obstructs access to fire hydrants, post office boxes, or any installations
belonging to the Town, Region or utility provider; or
(6) in a ditch, swale or any other Town infrastructure which is designed or exists for the
purpose of storing or carrying storm water.
Removal
4.6
The Director may at any time remove any minor encroachment located on a boulevard
without compensation, restoration or replacement.
Part 5 - Encroachment Permit
5.1
Any encroachment on the boulevard that is not in accordance with Part 4 shall only be
permitted by way of an encroachment permit.
5.2
Every application for an encroachment permit shall be made to the Director prior to
commencement of the encroachment and shall include:
(1) a complete application form on the form provided by the Director;
(2) plans, surveys and other information as required by the Director;
(3) location and description of the proposed encroachment;
(4) payment of application fee in the amount as described in the applicable Town fees
and charges by-law;
(5) cost estimate reasonably estimating the costs of performing the portion of the
proposed encroachment which lie entirely on or under the boulevard;
(6) if applicable, a security deposit for the proposed encroachment in an amount and
form as required by the Director;
(7) an indemnity agreement in the form provided by the Director signed by the applicant
or, where the applicant is a contractor of an owner, signed by the owner, whereby
the signatory agrees to indemnify and save harmless The Corporation of the Town
of Caledon from any and all claims, demands, causes of action, loss, costs or
damages that the Town may suffer, incur or be liable for resulting from actions or
works on or under the boulevard, whether with or without negligence on the part of
the signatory, its vendors, suppliers, subcontractors or their respective directors,
officers, agents, employees, partners, affiliates, volunteers or independent
contractors in the course of performance of the signatory's obligations under, or
otherwise in connection with, the application;
(8) proof of comprehensive general liability insurance in an amount not less than
$2,000,000 naming The Corporation of the Town of Caledon as an additional
insured in a form satisfactory to the Director; and
(9) such further and other information as the Director may require.
5.3
The Director may require an encroachment agreement to be executed between the
owner and the Town before an encroachment permit can be issued.
5.4
Where the Director deems it appropriate, an encroachment agreement may be
registered against title to the owner's property with the land registry office and all
expenses in doing so shall be paid in advance by the owner applying for the
encroachment permit.
5.5
The Director, after receipt of all application materials required under Section 5.2 and
execution of an encroachment agreement under Section 5.3, if applicable, may issue
an encroachment permit with such conditions as the Director considers appropriate.
5.6
In addition to any other conditions imposed by the Director under Section 5.5, the
following conditions shall apply to an encroachment permit issued:
(1) prior to commencement of the encroachment, the permit holder shall obtain such
utility location stakeouts, clearance letters and written consent as may be
necessary to ensure that utilities are not damaged by the permit holder in the
course of performing the encroachment;
(2) the permit holder and individuals performing the encroachment on the permit
holder's behalf shall perform the encroachment in accordance with:
(a) applicable statutes, regulations and bylaws including Provincial traffic
regulations; and
(b) applicable Town standards including those standards for the restoration of the
municipal services and restoration of the boulevard to the satisfaction of the
Town.
5.7
The Director shall review an application for an encroachment permit and upon the
discretion of the Director, may object to the erection, planting, placing or continuing of
an encroachment on the boulevard on the basis that;
(1) the encroachment interferes with the Town's intent and purpose in holding the
boulevard;
(2) the encroachment creates an unsafe condition;
(3) the encroachment creates a situation that is contrary to any Town By-law, policy or
resolution, or any Provincial or Federal regulation or legislation;
(4) the encroachment interferes with work, plans, efforts or initiatives of the Town to
maintain the boulevard; or
(5) the encroachment interferes with any utility or similar installation located on the
boulevard.
5.8
Where there are objections from any Director to the erection, planting, placing or
continuing of an encroachment on the boulevard on any basis set out in Section 5.7,
the application shall be denied and the applicant shall be notified in writing that the
application has been denied and the reason thereof, and the applicant may be provided
a refund, if applicable, in accordance with the Town's Fees By-law.
Permit Holder Requirements
5.9
Where an application for an encroachment permit has been approved and the permit
holder has been notified in writing that the encroachment permit is ready for execution,
the permit holder shall have thirty (30) days to execute same and pay any applicable
fees.
5.10
Where a permit holder fails to execute an encroachment permit or pay the applicable
fees within thirty (30) days as prescribed in Section 5.9, the permit holder shall be
deemed to have abandoned the application and forfeited any fees paid.
5.11 An encroachment permit issued under this By-law is non-transferable.
5.12 The issuance of an encroachment permit under this By-law shall not relieve the permit
holder from compliance with any other applicable law.
5.13 Every person who holds an encroachment permit shall comply with the conditions of
the permit.
No Vested Rights
5.14
Nothing in this By-law, including the issuance of an encroachment permit or execution
of an encroachment agreement, creates a vested right to any boulevard in the owner
or in the occupant of the private property to which an encroachment is appurtenant, or
in any other person, and any encroachment may be revoked in accordance with the
provisions of this By-law or the conditions of an encroachment permit issued or
encroachment agreement executed under this By-law. There shall be no adverse
possession of the boulevard on which the encroachment is located.
Revocation and Suspension of Permit
5.15 The Director may revoke or suspend, without prior notice to the permit holder or any
other person, the encroachment permit issued pursuant to this By-law without a refund
of any fee paid.
5.16 The Director may impose conditions as a requirement of reinstating the encroachment
permit suspended under Section 5.15.
5.17 Where the permit holder fails to perform the actions or works proposed in the permit
application, including restoration works, to the standards required by the Director and
it becomes necessary, in the opinion of the Director acting reasonably, to repair or
restore that portion of the boulevard or municipal services affected by the actions or
works of the permit holder, the Director will use the security deposit to engage
contractors or may direct Town staff to perform the actions or works.
5.18 The Director may invoice the owner for the Town's costs to complete the actions or
works in Section 5.17 and will credit the amount of the security deposit against such
invoices.
5.19 Where the expense incurred or the amount of the invoice in Section 5.18 exceeds the
amount of the security deposit and the invoice remains unpaid after demand for
payment has been made, the expense incurred or unpaid amount of the invoice may
be added to the tax roll and collected in the same manner as property taxes.
5.20 The Director shall hold the security deposit until the Town is satisfied that the boulevard
is left in a proper state of repair and that the actions and works are performed to the
standards required by the Director. The Town will not pay interest on any monies held
as the security deposit.
Discontinuance of Permit
5.21 If an owner intends to permanently discontinue an encroachment, the owner shall notify
the Director in writing and shall thereafter remove the encroachment and restore the
boulevard to its former condition at the owner's expense.
5.22 If the Director determines that a breach of the terms and conditions of an encroachment
permit has occurred, or that the term of said encroachment permit has expired, and
that the encroachment should be discontinued, an Officer may issue an order requiring
the owner to remove the encroachment and restore the boulevard to its former
condition at the owner's expense.
Part 6 - Owner's Responsibility
6.1
The owner is solely responsible for all claims related to an encroachment. This includes
but is not limited to, property damage, bodily injury, work, enhancements or property
on the Town's right of way.
6.2
The Town is not liable for any damages, losses or injuries caused by or to an
encroachment.
6.3
For further clarity, the Town is not liable for any damages caused to an encroachment
as a result of the Town's operations including, but not limited to, snow ploughing, tree
maintenance or the repair and maintenance of Town Infrastructure.
Part 7 - Enforcement
7.1
This By-law shall be enforced by Officers.
Powers of Entry and Inspection
7.2
The Director, Officers and any agent on behalf of the Town 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 pursuant to this By-law;
(3) any condition of an encroachment permit issued under this By-law; or
(4) an order issued pursuant to Section 431 of the Municipal Act, 2001.
7.3
No person shall hinder or obstruct, or attempt to hinder or obstruct, the Director, any
Officer, or any agent on behalf of the Town who is exercising any power or authority,
or performing a duty as permitted pursuant to this By-law.
Orders
7.4
Where an Officer is satisfied that a contravention of this By-law has occurred, the
Officer may make an order requiring the person who caused or permitted such
contravention to discontinue the contravening activity.
7.5
Where an Officer is satisfied that a contravention of this By-law has occurred, the
Officer may make an order requiring the person who caused or permitted such
contravention to do work to correct the contravention.
7.6
An order may be delivered:
(1) personally, with service deemed effective on the date the order is given;
(2) by providing it to any suspected adult individual on the land where the contravention
occurred or at the last known address of any person named in the order, with
service deemed effective on the date the order is given;
(3) by registered mail to the address where the contravention occurred or the last
known address of any person named in the order, with service deemed effective
on the 5th day after mailing;
(4) by posting the order in a conspicuous location on the land where the contravention
occurred or at the last known address of any person named in the order, with
service deemed effective on the day after posting; or
(5) by e-mail transmission only if the order is also delivered by registered mail and
such e-mail transmission may be delivered to the last known e-mail address of any
person named in the order, with service deemed effective on the 5th day after
transmission.
7.7
An Officer may enter upon any land for the purpose of delivering an order pursuant to
Section 7.6.
7.8
Every person to whom an order is issued shall comply with the order.
7.9
Any order issued pursuant to this By-law may be rescinded by the Director, Building
and Municipal Law Enforcement Services at any time.
7.10
An Officer may extend the time for compliance with an order made pursuant to this
Bylaw.
7.11 No order issued under this By-law shall be appealed to any board, tribunal or similar
body.
Remedial Action
7.12 Wherever an order, issued pursuant to 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, the Director, Building and Municipal Law Enforcement
Services or an Officer may initiate remedial action and the Town may recover, from
any person directed or required to do the matter or thing, the costs incurred through
[Section 8.5
added, By-law
2026-066,
effective June
23, 2026]
legal action or by adding the costs to the tax roll and collecting them in the same
manner as property taxes.
7.13
For the purposes of taking remedial action under section 7.12, the Town, its staff and
its agents may enter, at any reasonable time, upon any lands on which a default
occurred to carry out a required matter or thing.
Part 8 - Offences
8.1
Every person who contravenes any provision of this By-law is guilty of an offence.
8.2
Every person who is charged with an offence under this By-law by the filing of a
certificate of offence under Part I of the Provincial Offences Act, R.S.O. 1990, c.
P.33, as amended, upon conviction is liable to a fine as provided for by the aforesaid
act.
8.3
Every person who is charged with an offence under this By-law by the laying of an
information under Part Ill of the Provincial Offences Act, R.S.O. 1990, c. P.33, as
amended, upon conviction is liable to a fine as follows:
(0) to a minimum fine of $500 and to a maximum fine of $100,000;
(1) 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
(2) 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.
8.4 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 and such order shall be in addition to any other
penalty imposed upon the person convicted.
8.5
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 provision of this By-law be declared by a court of competent jurisdiction
to be invalid, the same shall not affect the validity of the remaining provisions of this
By-law.
Part 10 - Transition and Consequential Amendments
10.1
By-law 2015-58 as amended (the Traffic By-law), be further amended by appending
the following to Section 64:
"unless in accordance with the Town's Encroachment By-law, 2022-027, as
amended"
10.2
This By-law shall come into full force and effect on June 1, 2022.
Enacted by the Town of Caledon Council this 26th day of April, 2022.
"Allan Thompson"
Allan Thompson, Mayor
"Laura Hall"
Laura Hall, Town Clerk