Fence and Sight Triangle By-law 23-2014 (consolidated, updated 2025)
Oshawa, Ontario
· adopted 2014-02-18
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Consolidated By-law 23-2014
of The Corporation of the City of Oshawa
This consolidated by-law is made available for information and convenience purposes only. For
accuracy, By-law 23-2014 along with amending By-laws 116-2014, 47-2015,
39-2018, 43-2022, 61-2022, 127-2022, 149-2023 40-2024, and 93-2025 should be reviewed.
Whereas
1. The Council of The Corporation of the City of Oshawa wishes to regulate the height of
fences, natural features and objects in certain circumstances;
Now Therefore the Council of The Corporation of the City of Oshawa enacts as follows:
Interpretation
1. In this By-law:
1.1.
"By-law" means this by-law and any schedule to this by-law as they may from time
to time be amended.
1.2.
"City" means The Corporation of the City of Oshawa.
1.3.
"Corner Sight Triangle" means a triangular space bounded by the two straight lines
which contain the defining angle of a corner lot and a straight line connecting the two
points on the aforementioned two straight lines which are at a distance of 6.0m from
the point of their intersection.
(40-2024)
1.4.
"Council" means the City's Council.
1.5.
"Director" means the City's Director, Municipal Law Enforcement and Licensing
Services.
1.6.
"Driveway Sight Triangle" means a triangular space bounded by a Street Line, the
side of a Driveway leading from that street, and a straight line joining the points in
that Street Line and the side of the Driveway which points are each a distance of
3.0 metres from the point of their intersection.
1.7.
"Fence" means a structure that encloses or acts as a barrier to a Lot or that defines
a Lot Line.
1.8.
"General Fees and Charges By-law" means the City's By-law 13-2003 as from time
to time amended and includes any successor by-law.
1.9.
"Height" means, as applicable,
(a)
the vertical distance between the finished grade at the base of a Fence, Natural
Feature, thing or object and the highest point of the Fence, Natural Feature, thing
or object;
(b)
for a Fence atop a retaining wall, the vertical distance between the top of the
retaining wall and the highest point of the Fence;
(c)
for a Corner Sight Triangle, the vertical distance between the grade of the
centerline of the abutting street and the highest point of the Fence, Natural
Feature, thing or object; or
(40-2024)
(d)
for a Fence, Natural Feature, thing or object atop a retaining wall within a
Driveway Sight Triangle, the vertical distance between the finished grade of the
Driveway and the highest point of the Fence, Natural Feature, thing or object.
(40-2024)
1.10. "Natural Feature" includes hedges, trees, shrubs, plants and other living things and
natural objects.
1.11. "Officer" is as defined in the City's Inspection By-law 64-2008 as from time to time
amended.
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1.12. "Owner" means each Person who or which owns or occupies a Lot.
1.13. "Person" includes an individual, partnership, association, firm or corporation.
1.14. "Work Order" means a work order given pursuant to section 5.
1.15. "Zone" means a zone established in the City's Zoning By-law 60-94, as from time
to time amended.
1.16. The following terms are as defined in the City's Zoning By-law 60-94, as from time
to time amended:
(a)
"Corner Lot";
(b)
"Defining Angle";
(c)
"Driveway";
(d)
"Exterior Side Yard";
(e)
"Front Lot Line";
(f)
"Front Yard";
(g)
"Lot";
(h)
"Lot Line";
(i)
"Rear Lot Line";
(j)
"Rear Yard";
(k)
"Side Lot Line"
(l)
"Side Yard";
(m) Intentionally deleted;
(40-2024)
(n)
"Street Line";
(o)
"Through Lot"; and
(p)
"Yard".
Application
2. Subject to the provision of this By-law, this By-law applies to all Lots within Residential,
Office, Commercial (excluding the Urban Growth Centre) and Mixed Use Zones.
(93-2025)
Fence Materials
3. No Owner shall permit a Fence to exist or to be constructed with materials or in a manner
that may pose a hazard to humans. Without limitation, no Owner shall permit a Fence
that is the following:
3.1.
electrified;
3.2.
plastic construction fencing (or snow fencing); and
3.3.
constructed with razor wire, barbed wire, or sharp projections.
(149-2023)
Height Restrictions
4. No Owner shall permit a Fence, Natural Feature or other thing or object on a Lot to exist
at Heights exceeding the most restrictive, as applicable, of the following:
3
4.1.
Subject to subsection 4.5, a Natural Feature within 2.0 metres of the Front Lot Line
shall not exceed 0.9 metre.
(116-2014)
4.2.
Subject to subsection 4.5, a Fence within a Front Yard shall not exceed 0.9 metre.
(116-2014)
4.3.
A Fence within 2.0 metres of a Rear Lot Line or a Side Lot Line shall not exceed
2.2 metres.
4.4.
Fences on Through Lots shall be deemed to be permitted as if exempted by the
Director pursuant to section 16 but subject to such conditions as the Director may
impose pursuant to section 17 including conditions respecting the Height of such
Fences.
4.5.
That part of a Fence or a Natural Feature within 1.0 metre of that part of the Lot
Line between the Rear Yard of one Lot and the Front Yard of another Lot shall not
exceed 2.2 metres.
4.6.
In all parts of the City other than within the Urban Growth Centre, all Fences,
Natural Features, things and objects within a Corner Sight Triangle or a Driveway
Sight Triangle shall not exceed 0.9 metre.
(40-2024, 93-2025)
4.7.
A Fence between a Lot in a Residential Zone and a Lot in a Commercial, Industrial
or Airport Zone shall not exceed 3.0 metres.
Work Order
5. Without limiting remedies otherwise available at law, an Officer may give to an Owner a
Work Order where the Officer has reason to believe that the Owner has not complied with
this By-law.
6. A Work Order may require the Owner to do at the Owner's expense each of the following
as the Officer considers appropriate:
6.1.
to give to the Director forthwith upon the Director's requests from time to time such
information and documents that the Director determines are relevant to the Work
Order; and
6.2.
to do work to correct the contravention.
7. A Work Order shall include the following information:
7.1.
particulars of the reasons for which the Work Order was given;
7.2.
particulars of the things the Owner is required to do; and
7.3.
Intentionally deleted
(40-2024)
8. An Owner to whom or to which a Work Order is given shall forthwith comply with it.
(40-2024)
9. Intentionally deleted.
(40-2024)
10. Intentionally deleted.
(40-2024)
11. Intentionally deleted.
(40-2024)
12. Despite any other provision of this By-law, the Director may rescind a Work Order at any
time.
Remedial Work
13. Subject to any decision of a Hearings Officer pursuant to subsection 20.6 and without
limiting remedies otherwise available at law, where an Owner does not comply with a
Work Order by the fifteenth (15th) day following the date on which any matter or thing is
required to be done pursuant to the Work Order, the Director may, in the Director's sole
discretion, cause the matter or thing to be done at the Owner's expense and may cause
to be done such other things respecting recovery of costs as are prescribed by the
Municipal Act, 2001, S.O. 2001, c. 25, as amended.
4
Exceptions / Exemptions
14. This By-law does not apply to a Fence that exists on the date of the passing of this By-
law to the extent that, in the Director's opinion, the Fence complied with all law applicable
to the Fence on the day immediately preceding the date of the passing of this By-law,
and then only until such time as the Fence is, in the Director's opinion, replaced,
reconstructed or substantially repaired. This exception / exemption provision shall not
apply to Section 4.6 and a Fence in Section 3 of this By-law.
(47-2015, 149-2023, 40-2024)
15. Despite any other provision of this By-law, this By-law does not apply to the following:
15.1. a tree that is not within a Corner Sight Triangle or a Driveway Sight Triangle;
(40-2024)
15.2. a Fence that abuts or that is within railway lands;
15.3. a noise control barrier or device required by a federal, provincial or municipal
government with jurisdiction to impose the requirement;
15.4. a Fence erected or Natural Feature planted or placed by a federal, provincial or
municipal government;
(116-2014)
15.5. a Fence or Natural Feature that complies with a municipal permit or with a site plan
agreement, subdivision agreement or other development agreement to which the
City is a party;
(116-2014)
15.6. a Fence that delineates an area lawfully used as a tennis court, golf course,
baseball diamond, soccer field or football field;
(149-2023)
15.7. a "Guard" that is defined and required by and that complies with the "Building
Code" as defined in the Building Code Act, 1992, S.O. 1992, c. C.23, s. 1(1);
(149-2023)
15.8. a Fence erected under a temporary fencing application, subject to the approval of
the City, related to development, construction and seasonal snow activities (snow
activities from November 1 - April 30); or
(149-2023)
15.9. a temporary "Pool Enclosure" under section 5.1 of the Pool Enclosure By-law 79-
2006.
(149-2023)
16. Subject to the following, the Director may exempt any Person from all or any part of this
By-law:
(39-2018)
16.1. The Person has submitted an application and such information in support of the
application as the Director may require;
(39-2018)
16.2. The Person has paid the application fee from time to time established by the
General Fees and Charges By-law;
(39-2018)
16.3. The Person has consented to the disclosure of any personal information of the
Person provided by the Person in relation to the Person's application for an
exemption;
(39-2018)
16.4. The City has given no fewer than ten (10) business days' notice to each Person
that owns a Lot located within two (2) metres of any Lot Line of the Lot to which the
exemption application relates ("Neighbour");
(39-2018)
16.5. The City's notice pursuant to subsection 16.4 includes the application and
information submitted pursuant to subsection 16.1 and advises each Neighbour
that the Neighbour has ten (10) business days from the effective date of notice
within which to submit to the Director written representations in relation to the
exemption request;
(39-2018)
16.6. The Director considers any representations received pursuant to and within the
time limited by subsection 16.5; and
(39-2018)
5
16.7. The Director is satisfied that the granting of the exemption would maintain the
general intent and purpose of this by-law.
(39-2018)
17. The Director may impose such conditions as the Director determines are appropriate in
relation to an exemption granted by the Director.
17A.The Director shall give notice of the Director's decision respecting an exemption
pursuant to section 16 including any condition imposed pursuant to section 17 which
notice shall be given to the Person submitting the exemption request pursuant to section
16 and to each Neighbour who submitted representations pursuant to and within the time
limited by subsection 16.5 and shall include information respecting rights of appeal
pursuant to this By-law including the time limited for and applicable fee in relation to
exercising a right of appeal.
(39-2018)
18. An Owner and each Neighbour may appeal to the Hearings Officer pursuant to section 20
against the Director's decision respecting an exemption pursuant to section 16 including any
condition pursuant to section 17.
(39-2018)
19. A decision of the Director respecting an exemption pursuant to section 16 including any
condition pursuant to section 17 that is not appealed pursuant to section 20 is final and is
not subject to review including review by any Court.
Hearings Officer
20. The following applies to appeals to the Hearings Officer:
20.1. A Person's right to appeal expires if it has not been exercised in the manner
prescribed in subsection 20.2 before 4:30 p.m. on the tenth (10th) business day
after the Director's decision pursuant to sections 16 or 17 is final and is not subject
to review including review by any Court.
(39-2018, 40-2024)
20.2. A right to appeal is exercised by:
(a)
giving to the Director written notice of the appeal that includes particulars of all
grounds upon which the appeal is made; and by
(b)
paying the fee from time to time prescribed by the City's General Fees and
Charges By-law.
20.3. The Person and, as applicable, each Neighbour who submitted representations
pursuant to and within the time limited by subsection 16.5 shall be given no fewer
than seven (7) days' notice of the date, time and place of the hearing of the appeal.
(39-2018)
20.4. Where the Person fails to appear at the time and place scheduled for a hearing of
the appeal, the Person's appeal shall be deemed to be dismissed and the Person
shall pay to the City an administrative fee as from time to time prescribed by the
General Fees and Charges By-law.
20.5. Subject to subsection 20.4, the Hearings Officer shall not decide the appeal unless
the Hearings Officer has given each of the Person, the Director and the Officer an
opportunity to be heard at the time and place scheduled for the hearing of the
appeal.
20.6. The Hearings Officer may make any decision that the Director or an Officer could
have made pursuant to this By-law.
20.7. The decision of the Hearings Officer is final and not subject to review including
review by any Court.
20.8. A copy of the decision of the Hearings Officer shall be provided to the Person and,
as applicable, to each Neighbour who submitted representations pursuant to and
within the time limited by subsection 16.5.
(39-2018)
Administrative Penalties
21. No Person shall fail to comply with any provision or standard of this By-law.
(127-2022)
6
22. No Person shall fail to comply with a Work Order issued pursuant to this By-law. (127-2022)
23. Administrative Penalty Process By-law 63-2013 applies to each administrative penalty
issued pursuant to this By-law.
24. Each Person who contravenes any provision of this By-law shall, upon issuance of a
penalty notice in accordance with Administrative Penalty Process By-law 63-2013, be liable
to pay to the City an administrative penalty. If a Person receives a penalty notice in
accordance with the City's Administrative Penalty Process By-law for a contravention of this
By-law, and the Person has not received a penalty notice for the same contravention within
one (1) calendar year or less, the Person shall be liable to pay to the City a tier one (1)
administrative penalty amount for that contravention in the amount of $125. If a Person
receives an additional penalty notice for the same contravention of the By-law within one (1)
calendar year or less from the date of the penalty notice containing a tier one (1)
administrative penalty amount, the Person shall be liable to pay to the City a tier two (2)
administrative penalty amount for that contravention in the amount of $225. If the Person
receives a subsequent penalty notice for the same contravention of the By-law within one
(1) calendar year or less from the date of the penalty notice containing a tier two (2)
administrative penalty amount, the Person shall be liable to pay to the City a tier three (3)
administrative penalty amount for that contravention in the amount of $325. If the Person
receives any subsequent penalty notices for the same contravention of the By-law within
one (1) calendar year or less from the date of the penalty notice containing a tier three (3)
administrative penalty amount, the Person shall be liable to pay to the City a tier three (3)
administrative penalty amount for that offence in the amount of $325.
(127-2022)
Offences
25. Each Person who contravenes any provision of this By-law is guilty of an offence and on
conviction is liable to a fine of not less than $300 and not more than $10,000.
Notice
26. Subject to section 27, any notice or document respecting this By-law may be given in
writing in any of the following ways and is effective:
(127-2022)
26.1. on the date a copy is personally delivered to the Person to whom it is addressed;
26.2. on the third (3rd) day after a copy is sent by regular mail or by registered mail to the
Person's last known address;
26.3. upon confirmation of the successful transmission of a copy by facsimile transmission
to the Person's last known facsimile transmission number;
26.4. upon sending a copy by e-mail transmission to the Person's last known e-mail
address; or
26.5. upon a copy being posted on the door of any building or structure on the Person's Lot
or, where no building or structure exists, on a stake erected by the Officer on the
Person's Lot.
(43-2022)
27. Any notice or document respecting this By-law to be given to the City shall be in writing,
shall be given in any of the following ways and is effective:
27.1. when a copy is delivered to Service Oshawa during its regular business hours at its
reception area in the City's Civic Administration Complex, 1st Floor, West Wing, 50
Centre Street South, Oshawa; or
27.2. on the third (3rd) day after a copy is sent by registered mail or by regular lettermail to
"Administrative Appeals, c/o MLELS, City of Oshawa, 50 Centre Street South,
Oshawa, Ontario, L1H 3Z7".
(43-2022)
General
28. For the purpose of subsection 23.2(4) of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, it is the opinion of Council that the powers delegated to the Hearings Officer and
to the Director pursuant to this By-law are of a minor nature, having regard to the number of
7
people, the size of geographic area and the time period affected by the exercise of such
powers.
29. This By-law is effective when it is passed.
30. The short title of this By-law is the "Fence and Sight Triangle By-law".
By-law passed this eighteenth day of February, 2014.
Mayor
City Clerk