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Corporation of the Town of Renfrew
By-Law Number 2026-01
Being a by-law to regulate the erection and maintenance of fences, including the
fencing of privately owned swimming pools.
Whereas the Municipal Act, 2001, S.O. 2001, c.25, as amended, authorizes municipalities
to pass by-laws respecting the health, safety, and well-being of persons, including the
regulation of fences; and
Whereas Section 11(3) paragraph 7 of the Municipal Act, 2001 provides that a lower-tier
municipality may pass by-laws subject to the rules set out in subsection (4), respecting
matters within the following spheres of jurisdiction: structures, including fences and signs;
and
Whereas Subsection 425(1) of the Municipal Act, 2001 provides that a municipality may
pass by-laws providing that a person who contravenes a by-law of the municipality
passed under the Municipal Act, 2007 is guilty of an offence; and
Whereas Subsection 429(1) of the Municipal Act, 2001 provides that a municipality may
establish a system of fines for offences under a by-law of the municipality passed under
the Municipal Act, 2001; and
Whereas Renfrew Town Council deems it necessary and in the public interest to
establish uniform standards for fences and pool enclosures within the Town of
Renfrew.
Now therefore the Council of the Corporation of the Town of Renfrew enacts as
follows:
1.0 Short Title:
1.1 This by-law may be referred to as the "Fence By-Law".
2.0 Definitions:
For the purpose of this by-law, the following terms shall have the meanings
indicated:
2.1 "By-law Enforcement Officer" means a person appointed by the Town of
Renfrew and who is responsible for the enforcement of municipal by-laws.
2.2 "Chief Building Official' means the person appointed by the Town of
Renfrew to such a position pursuant to the Building Code Act.
2.3 "Dwelling" means a building or part of a building used or intended to be used
for human habitation and in which all normal domestic functions may be
carried on.
2.4 "Fence" means any barrier, wall or similar structure, including gates,
constructed of chain link, wood, stone, metal, brick or other similar materials
or combinations of such materials which is erected for the purpose of retaining
or enclosing a property or delineating property lines, but does not include a
hedge or any other vegetation creating a barrier formed by bushes or small
trees growing close together. For greater certainty, a fence-type structure that
does not, in the opinion of the By-law Enforcement Officer, delineate or
purport to enclose or delineate a property, is not a fence for the purposes of
this by-law, and shall be treated as an accessory structure under the
applicable zoning by-law.
2.5 "Gate" means any swinging or sliding barrier used to fill or close an access
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and includes a door.
2.6 "Grade" means the elevation of the finished ground or surfaces adjoining the
fence.
2.7 "Irregular Lot" means a lot which is neither square nor rectangular, fronting
on two or more streets, having a lot line abutting a street which is not a straight
line or any combination thereof.
2.8 "Lot Line Front" means the lot line that divides a lot from the street. In the
case of a corner lot, the shorter lot line that abuts a street shall be deemed to
be the front lot line, and the longer lot line that abuts a street shall be deemed
to be the side lot line of the lot.
2.9 "Main Wall" means the exterior front, side or rear wall of a building, and ail
structural members essential to the support of a fully enclosed space or a roof.
2.10 "Non-Residential Property" is a Property other than a Residential Property.
2.11 "Pool" is any privately owned outdoor body of water capable of holding water
60cm or more in depth, used for swimming or bathing.
2.12 "Property" or "Lot" means a building or structure or part of a building or
structure and includes the lands and premises appurtenant thereto and all
mobile homes, mobile buildings, mobile structures, out-buildings, fences and
erections thereon whether heretofore or hereafter erected.
2.13 "Residential Property" is a property used primarily for residential purposes.
2.14 "Swimming Pool" means an outdoor swimming pool but does not include
any pool which is designed to have a maximum holding capacity of water of 2
feet (0.61m) or less in depth, or a swimming pool owned or operated by a
public authority.
2.15 "Swimming Pool Fence" means a barrier, wall or similar structure around a
swimming pool constructed of chain link metal or of wood, stone, metal or
material having an equivalent degree of strength.
2.16 "Town" shall mean the Corporation of the Town of Renfrew.
2.17 "Yard" means an open space on a property with a building or structure or
excavation, unoccupied and unobstructed except as for such accessory
buildings, structures or uses specifically permitted in the Zoning By-law.
2.18 "Yard, Front" means a yard extending across the full width of a lot between
the front lot line and the nearest part of any building, structure or excavation
on the lot; FRONT YARD DEPTH means the shortest horizontal distance
between the front lot line of the lot and the nearest part of any building,
structure or excavation on the lot.
2.19 "Yard, Rear" means a yard extending across the full width of a lot between
the rear lot line and the nearest part of any building, structure or excavation
on the lott REAR YARD DEPTH means the shortest horizontal distance
between the rear lot line of the lot and nearest part of any building, structure
or excavation on the lot.
2.20 "Yard, Side" means a yard extending from the front yard to the rear yard of
a lot and from the side lot line of such lot to the nearest part of any building,
structure or excavation on the lot. SIDE YARD WIDTH means the shortest
horizontal distance between a side lot line and the nearest part of any building,
structure or excavation on the lot.
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2.21 "Yard, Exterior Side" means a yard adjacent to a street between the nearest
part of any building, structure or excavation on the lot and a street, a 0.3 metre
reserve or a road allowance, extending from the front yard to the rear lot line.
EXTERIOR SIDE YARD WIDTH means the shortest horizontal distance
between a side lot line on the exterior side yard side and the nearest part of
any building, structure or excavation on the lot.
2.22 "Yard, Interior side" means a side yard other than an exterior side yard.
2.23. "Yard, Required" means the portion of a Rear Yard, Side Yard or Front Yard
within the minimum depth or width required by the provisions of the Zoning
By-Law.
2.24 "Zoning By-Law" means By-Law 46-2010 of The Corporation of the Town of
Renfrew, as amended or as may be amended or succeeded from time to time.
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NOTE: The above illustration is for clarification purposes only. The text of this by-law shall
prevail to the extent of any conflict.
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3.0 General Provisions
3.1 No person shall erect or cause or permit to be erected a fence on a property
within the limits of the Town, save and except in compliance with the provisions
of this by-law.
3.2 This by-Law shall not apply retroactively to require modifications to fences that
existed at the date of passage thereof, however where any fence is replaced
or modified the modifications or replacements must conform to the
requirements of this by-law.
3.3 No person shall construct or cause to be constructed any fence on lands, other
than their own property, without the express written permission of the
landowner.
3.4 Without limiting the generality of section 2.3 above, no person shall construct
or cause to be constructed any fence that encroaches upon lands or road
allowances owned by the Town without the express written permission of the
Town.
3.5 No person shall construct or cause to be constructed or maintain any fence
that, in the opinion of the By-Law Enforcement Officer, constitutes an
obstruction of view at street intersections, pedestrian pathways, driveways or
other points of access or egress of vehicular or pedestrian traffic.
3.6 No person shall construct or cause to be constructed any fence that
contravenes the provisions of the Zoning By-Law, including without limitation
the provisions of the Zoning. By-Law regarding to daylight or sight triangles.
3.7 No person shall construct or cause to be constructed any fence or gate which
is unstable or structurally unsound. All fences shall be made of materials of
good quality and suitable for their intended purpose, arranged and supported
in an orderly manner.
3.8 The owner of a fence may be required to provide confirmation of its structural
stability by a qualified professional, upon request by the By-Law Enforcement
Officer.
3.9 Except as otherwise provided in this by-law, the height of a fence shall be
measured from grade to the top of the fence, including any lattice. In the event
of a difference in grade between two sides of the fence, the height of the fence
shall be measured from the higher grade to the top of the fence.
3.10 No person shall erect or cause to be erected a fence with an electric current
which is intended to give an electric shock, except that this prohibition shall
not apply to fences intended for the containment of livestock on lands used for
agricultural.
3.11. No fence shall be erected in a location which may, in the opinion of the Town:
a) Adversely affect the safety of the public;
b) Affect the safety of vehicular or pedestrian traffic; or
c) Constitute an obstruction of view for vehicular or pedestrian traffic.
3.12 Notwithstanding any other height restrictions for fences in this by-law, a fence
may be constructed, subject to approval by the Town, to whatever height is
necessary to ensure public safety in cases involving high-voltage substations,
the storage of explosives, or other similarly hazardous materials.
3.13 An owner or occupant of land containing a fence shall have the right to enter
upon adjoining land for the purpose of maintaining the fence in accordance
with the conditions of section 132(2) of the Municipal Act, 2001, as amended
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from time to time. The owner or occupant shall inform the owner or occupant
of the adjoining land of the intention to exercise this right. The adjoining land
shall be left in the same condition as it was prior to such entry.
3.14 | Every owner or occupant of land containing a fence shall keep such fence in
good repair, in a safe and structurally sound condition, free from accident
hazards, and protected by paint, preservatives or other weather-resistant
material, except for wooden fences made of cedar, redwood or treated wood.
4.0 Residential Uses
4.1 Fence Height
in addition to the provisions of Section 2, the following maximum heights
shall apply to fences on all Residential Properties as follows:
a) Fences in a Side Yard, Rear Yard, or in the Required Front Yard immediately
abutting a Rear Yard or Side Yard of an adjacent property: 6 feet (1.83m)
b) Fences in the Required Front Yard, except where s. 3.1(a) applies: 3 feet
(0.91m)
c) Fences adjoining a Non-Residential property: 8 feet (2.4m)
d) Fences surrounding tennis courts: 12 feet (3.65m)
e) Chain link fences (all yards): 6 feet (1.83m)
4.2 Setback to Neighbouring Dwellings
On Residential Properties, the following setbacks shall apply to fences,
measured perpendicular to the fence:
a) For fences having a height of 5 feet (1.52m) or higher, a minimum setback
of 5 feet (1.52m) shall be required from the main wall of a neighbouring
dwelling.
b) For fences having a height greater than 3 feet (0.91m) but less than 5 feet
(1.52m), the minimum setback to the main wall of a neighbouring dwelling
shall be a distance equal to the fence height.
c) For fences having a height of 3 feet (0.91m) or less, no setback from the
main wall of a neighbouring dwelling is required.
4.3 Materials
Fences with barbed wire, sharp projections, or similarly hazardous materials
are not permitted on Residential Properties.
5.0 Non-Residential Uses
5.1 Fence Height
In addition to those provisions of subsection 2.0, the following maximum
heights shall apply to all Non-Residential Properties:
a) Any Side Yard, Rear Yard or Front Yard, or the portion of the Required Front
Yard that abuts a Rear Yard or Side Yard of an adjacent property: 8 feet
(2.4m)
b) Required Front Yards, except where 4.1(a) applies: 3 feet (0.91m)
c) Fences surrounding tennis courts: 12 feet (3.65m).
d) Chain link fences (all yards): 6 feet (1.83m)
6.0 Swimming Pool Fences
6.1 Every swimming pool owner shall install and maintain a swimming pool fence
and a gate or gates enclosing the swimming pool, in accordance with the
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following requirements:
a) Every swimming pool fence shall have a minimum height of 4 feet (1.2m).
b) No barbed wire, sharp projections, or electric fencing shall form part of a
swimming pool fence or gate.
c) Every swimming pool fence shall include one or more gates with a minimum
height of 4 feet (1.2m). Each gate must be equipped with self-closing and
self-latching mechanisms, located at the top and on the inside of the gate.
d) Every swimming pool fence shall be so constructed and maintained to allow
access to the swimming pool only through a gate or gates.
e) No swimming pool fence shall have its horizontal members placed in such a
way as to facilitate climbing.
6.2 A swimming pool fence is not required if the top of the swimming pool's exterior
wall is at least 4 feet (1.2m) above the surrounding ground level, and the pool
is constructed and maintained in a manner that allows access only through a
gate or gates built in accordance with section 5.1(c) of this by-law.
6.3 When access to a swimming pool is provided by a portable ladder or ladders,
they must be removed and kept away from the swimming pool whenever adult
supervision is not present.
6.4 When not in use, every swimming pool owner shall ensure that all gates
providing access to the pool are securely locked.
6.5 No person shall place water, fill or allow water to remain in a swimming pool
unless the required fences and gates have been installed and approved by the
Chief Building Official or their designate.
7.0 Enforcement, Orders and Penalty
7.1 This by-law shall be administered and enforced by a By-Law Enforcement
Officer.
7.2 No Person shall obstruct or hinder or attempt to obstruct or hinder a By-Law
Enforcement Officer or other authorized employee or agent of the Town in the
exercise of a power or the performance of a duty under this by-law.
7.3 Where a By-Law Enforcement Officer has reasonable grounds to believe that
an offence under this by-law has been or is being committed on a property,
the By-Law Enforcement Officer and any authorized employee or agent of the
Town may enter the property at any reasonable time for the purpose of
carrying out an inspection to determine whether this by-law is being complied
with. For the purposes of an inspection under this section, a By-Law
Enforcement Officer may require the name, address and proof of identity from
any person concerning a matter related to the inspection.
TA Without limiting the generality of section 6.2, failure to provide proof of
identification satisfactory to a By-Law Enforcement Officer when requested to
do so pursuant to Subsection 6.3 of this by-law shall constitute obstruction of
a By-Law Enforcement Officer under Section 6.2 of this by-law.
7.5 Every person who contravenes any provision of this by-law is guilty of an
offence pursuant to the provisions of the Provincial Offences Act, R.S.O. 1990,
c.P.33 as amended, and all offences under this by-law are designated as
continuing offences.
7.6 A person who is convicted of a first offence under this by-law is liable, for each
day or part of a day that the offence continues, to a maximum fine of no more
than $5,000. The total of all daily fines imposed for the continuing offence may
exceed $100,000.
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7.7 A person who is convicted of a second or subsequent offence under this by-
law is liable, for each day that the second or subsequent offence continues, to
a maximum fine of no more than $10,000. The total of all daily fines imposed
for the second or subsequent continuing offence may exceed $100,000.
7.8 If this by-law is contravened and a conviction entered, the court in which the
conviction was entered or any court of competent jurisdiction 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.
7.9 A By-Law Enforcement Officer who finds that a property contravenes any
provision of this by-law may make and serve or cause to be served upon or
send by prepaid registered mail to the owner or occupant an order containing:
a) The municipal address or legal description of such property,
b) Reasonable particulars of the contravention and the work that must be done
to remedy the contravention, and
c) The period in which there must be compliance with the terms and conditions
of the order and notice that, if such repairs or work is not done with in the
time specified in the order, the Town may carry out the repair or clearance at
the expense of the owner, and be added to the municipal tax roll.
7.10 An order issued under this by-law may require work to be done even though
the facts that constitute the contravention of this by-law were present before
this by-law came into force.
7.11. An order when sent by registered mail shall be sent to the last known address
of the party or parties involved.
7.12 If the By-Law Enforcement Officer is unable to effect service of an order, they
shall place a placard containing the terms of the order in a conspicuous place
on the property and placing the placard shall be deemed to be sufficient
service of the order on any owner and occupant of the property.
7.13 If an order of a By-Law Enforcement Officer under this by-law is not complied
with in accordance with the order, the Town may cause the fence to be brought
into compliance with this by-law, including, without limitation, repairing, altering
or removing the fence.
7.14 A By-Law Enforcement Officer acting under this by-law or employees or
agents of the Town may and upon producing proper identification enter the
property at any reasonable time without a warrant in order to repair the
property.
7.15 The Town 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 Town in the reasonable exercise of its power under this by-law.
7.16 |The Town shall be entitled to recover the costs for any repairs or maintenance
undertaken to bring a fence into compliance with this by-law. The owner to
which an order has been issued shall be required to pay for the costs in like
manner as municipal taxes.
7.17 A fence or any portion thereof that has been removed from a property and
placed in storage by the Town pursuant its powers under this by-law, and that
has not been recovered by the owner within the time period specified (60 days)
in accordance with the Repair and Storage Liens Act, R.S.O. 1990, shall be
disposed of or sold in accordance with that Act.
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7.18 Enforcement of this by-law shall not preclude the enforcement of any other
provincial statutes or regulations that may be applicable as the case may be.
8.0 Exceptions
8.1 A fence may be erected to a height greater than or a location other than
specified by this by-law where in the opinion of the By-Law Enforcement
Officer, it is necessary to alter the height or location of said fence because of
the presence of physical obstructions such as, but not limited to, stream
drainage areas rock or trees.
8.2 Where a dwelling constructed prior to 1952 is uniquely situated such that a
reasonable amenity area cannot be accommodated within the side or rear yard
of the property, and where the By-Law Enforcement Officer is satisfied that a
higher fence will not create a safety issue or result in an over-concentration of
street-facing fences, the By-Law Enforcement Officer may at his or her
discretion permit a maximum 6 feet (1.83m) enclosure of the dwelling's
amenity area, including in a required front yard.
8.3 A determination of the By-Law Enforcement Officer under section 7.1 or 7.2 is
final and not subject to review or appeal.
9.0 Interpretation & Validity
9.1 Where a provision of this by-law conflicts with the provisions of another by-
law, Act or Regulation in force within the Town, the provision, which
establishes the higher standards to protect the health, safety and welfare of
the occupants and the public shall prevail.
9.2 If any provision of this by-law is for any reason found to be invalid by a court
of competent jurisdiction, the provision or article found to be invalid shall be
severed from the by-law and the remaining provisions or articles shall remain
in effect until repealed.
9.3 Repeal: By-Law No. 53-79 and subsequent amendments are hereby repealed
in its entirety. However, any legal proceedings or enforcement action related
to or commenced under By-Law No. 53-79 or its predecessors continue as if
those by-laws were still in effect.
9.4 Effective Date: That this by-law shall come into force and deemed passed as
per regulation noted in Part VI.1 of the Municipal Act, 2001, as amended or
replaced from time to time. [Strong Mayor Powers]
Read a first and second time this 13 day of January, 2026. piri dal 4
Read a third and final time this 13 day of January, 202. BSI WE Ty, ov NA
Tom Sidney, Mayor Carolynn Errett, Town Clerk "VVVW.
By signing this by-law on January {2 2026 Mayor Sidney has granted approval, and will
not exercise the power to veto this by-law under the Strong Mayor Powers.
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