Line Fences Act

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Sections67

• 1Definitions

  1 (1) In this Act, “Minister” means the Minister of Agriculture, Food and Rural Affairs or such other member of the Executive Council to whom responsibility for the administration of this Act is assigned or transferred under the Executive Council Act; (“ministre”) “occupant” means the occupant of adjoining land that is subject or proposed to be made subject to proceedings instituted under section 4; (“occupant”) “prescribed” means prescribed by the regulations; (“prescrit”) “referee” means a referee appointed under this Act; (“arbitre”) “regulations” means regulations made under this Act; (“règlements”) “value of the work” and “costs of the work” have the same meaning and include the value of the materials used and the value of the labour performed to complete the work. (“valeur des travaux”, “coût des travaux”) R.S.O 1990, c. L.17, s. 1 (1); 2002, c. 17, Sched. F, Table; 2024, c. 16, Sc…

• 1.
• 2Appointment of fence-viewers

  2 The council of every local municipality shall by by-law appoint such number of fence-viewers as are required to carry out the provisions of this Act and the by-law shall fix the remuneration to be paid to the fence-viewers and the remuneration may be fixed on an hourly or daily rate or a rate for each attendance or reattendance by the fence-viewers. R.S.O 1990, c. L.17, s. 2.

• 2.
• 3Owner of land may construct boundary fence

  3 An owner of land may construct, maintain and keep up a fence to mark the boundary between the owner’s land and adjoining lands. R.S.O 1990, c. L.17, s. 3; 2024, c. 16, Sched. 8, s. 2. Section Amendments with date in force (d/m/y) 2024, c. 16, Sched. 8, s. 2 - 06/06/2024

• 3.
• 4Owner may request fence-viewers to view and arbitrate

  4 (1) If the owner of any land wishes to have a fence that marks the boundary between their land and the land of an adjoining owner constructed, repaired or reconstructed, the owner of the land may, using the prescribed form, notify the clerk of the local municipality in which the land is situated that the owner wishes fence-viewers to view and arbitrate what portion of the fence each owner shall construct, reconstruct or repair and maintain and keep up. 2024, c. 16, Sched. 8, s. 3. Service of notice (2) When the clerk of a municipality is notified under subsection (1), the clerk shall serve notice, in the prescribed form, (a) on the owner mentioned in subsection (1), the adjoining owner and the occupant of the land of the adjoining owner, that three fence-viewers will meet to arbitrate on the day and at the location set out in the notice; and (b) on the fence viewers, that they are requ…

• 4.
• 5Postponement of view

  5 (1) Where a day has been named under this Act for an arbitration or other proceeding requiring the attendance or reattendance of the fence-viewers, other than an appeal before the referee, the clerk of the municipality may postpone the arbitration or other proceeding to another day if in the clerk’s opinion weather conditions or ground conditions make it impracticable for the arbitration to be held on the day originally named for the attendance or reattendance and where there is a postponement, the clerk shall immediately, (a) give notice of the postponement to the persons entitled to receive notice of the original attendance or reattendance; and (b) give new notices in the same manner to the persons who were entitled to receive notice of the original attendance or reattendance naming a day for the arbitration or other proceeding that is not later than fifteen days after the previous d…

• 5.
• 6Repealed

  6 Repealed: 2024, c. 16, Sched. 8, s. 4. Section Amendments with date in force (d/m/y) 2024, c. 16, Sched. 8, s. 4 - 06/06/2024

• 6.
• 7Duties and powers of fence-viewers

  7 Three fence-viewers shall examine the premises and, if required by either adjoining owner, shall hear evidence and may examine the owners and their witnesses on oath. R.S.O 1990, c. L.17, s. 7; 2024, c. 16, Sched. 8, s. 5. Section Amendments with date in force (d/m/y) 2024, c. 16, Sched. 8, s. 5 - 06/06/2024

• 7.
• 8Award of fence-viewers

  8 (1) The fence-viewers shall make an award in the prescribed form, signed by any two of them, respecting the matters in dispute and the award shall state that a fence shall be constructed and maintained and kept up to mark the boundary between the adjoining lands, or, where such a fence exists, that the fence shall be reconstructed or repaired, and shall be maintained and kept up, and the award shall specify, (a) the location of the fence; (b) that, (i) each adjoining owner shall construct, reconstruct or repair, as the case may be, and maintain and keep up a designated one-half of the fence, or (ii) the adjoining owner designated shall construct, reconstruct or repair, as the case may be, and maintain and keep up the fence, and that the other adjoining owner shall, upon being notified by the designated adjoining owner of the costs of the work incurred from time to time, pay to the desi…

• 8.
• 9Deposit of award, etc.

  9 (1) The award of the fence-viewers shall be deposited in the office of the clerk of the local municipality in which the land is situated and may be proved by a copy certified by the clerk, and the clerk shall send a copy of the certified award to the owners and occupants of the adjoining lands. 2024, c. 16, Sched. 8, s. 7. Where land situated in different municipalities (2) Where the lands of the adjoining owners are situated in different local municipalities, a clerk under subsection (1) shall, immediately upon the deposit of an award in their office, send a copy which they have certified to the clerks of all other municipalities in which the lands are situated. 2024, c. 16, Sched. 8, s. 7. Section Amendments with date in force (d/m/y) 2024, c. 16, Sched. 8, s. 7 - 06/06/2024

• 9.
• 10Appeal

  10 (1) An owner dissatisfied with the award may appeal to the referee by serving on the owner and occupant of the adjoining land, within fifteen days of receiving a copy of the award made under section 8, a notice of appeal in the prescribed form and by filing a copy of the notice together with an affidavit of service of the notice in the prescribed form with, and by paying the prescribed fees to, the clerk of the local municipality in which the land is situated within that period. R.S.O 1990, c. L.17, s. 10 (1); 2024, c. 16, Sched. 8, s. 8 (1), 20 (1). (2) Repealed: 2024, c. 16, Sched. 8, s. 8 (2). Notice to referee, etc. (3) Upon the filing of the copies of the notices and the affidavits and the payment of the fees mentioned in subsection (1), the clerk shall immediately notify the referee and the referee shall immediately fix the time and place for the hearing of the appeal and advise…

• 10.
• 11Owner may require award to be obeyed

  11 (1) Where the award specifies that a portion or all of the fence shall be repaired, constructed, reconstructed, maintained or kept up by one adjoining owner and that adjoining owner fails to obey the award, the other adjoining owner may by notice served on the first adjoining owner and the occupant of the land of the first adjoining owner, require the first adjoining owner to obey the award. R.S.O 1990, c. L.17, s. 11 (1); 2024, c. 16, Sched. 8, s. 9 (1). (2) Repealed: 2024, c. 16, Sched. 8, s. 9 (2). Completion of work by owner (3) If the notice is not obeyed within two weeks after it has been served, the owner desiring to enforce the award may do or complete the work that the award directs and may immediately institute proceedings to recover the value of the work done or completed and the costs of the proceedings from the owner of the adjoining land. R.S.O 1990, c. L.17, s. 11 (3). …

• 11.
• 12Duties of fence-viewers

  12 (1) The fence-viewers, upon receiving a notice served under subsection 11 (8), or upon being notified under subsection (10) of that section, shall attend in accordance with such notice, and if satisfied that the adjoining owner and the occupant of the land of the adjoining owner were duly notified under subsection 11 (1) or (6), as the case may be, and have failed to obey the award, the fence-viewers shall, (a) where the adjoining owner and the occupant of the land of the adjoining owner were notified under subsection 11 (1), determine the value of the work done by the owner desiring to enforce the award which is attributable to the adjoining owner and shall prepare a certificate in the prescribed form certifying the default of the adjoining owner and certifying the value of the said work; or (b) where the adjoining owner and the occupant of the land of the adjoining owner were notifi…

• 12.
• 13When work may be dismantled

  13 (1) Despite subsection 11 (3), an owner desiring to enforce an award shall not dismantle work done by the adjoining owner in respect of the fence mentioned in the award except in accordance with this section. R.S.O 1990, c. L.17, s. 13 (1). Notice (2) Where in the opinion of an owner work done by an adjoining owner pursuant to an award made under section 8 in respect of their lands is not in compliance with the description of the fence or the location of the fence as specified in the award, the owner may, by notice served on the adjoining owner and occupant of the land of the adjoining owner, require the adjoining owner to make the work comply with the award. R.S.O 1990, c. L.17, s. 13 (2); 2024, c. 16, Sched. 8, s. 11 (1). Particulars (3) A notice under subsection (2) shall specify in what particulars the work done fails to comply with the award. R.S.O 1990, c. L.17, s. 13 (3); 2024,…

• 13.
• 14Where no award, etc., made, costs of fence-viewers

  14 (1) Where the fence-viewers have attended at premises pursuant to a notice given under subsection 4 (2), subsection 11 (8) or subsection 13 (5) or (7), and have decided, (a) that no award shall be made because they have no jurisdiction to make the award or because the owners of the adjoining lands have requested that no award be made; or (b) that no certificate or determination with directions shall be made,

• 14.
• [s14]

  they shall prepare their decision in the prescribed form giving reasons therefor, and shall specify in the decision that the costs of the proceedings in respect of such attendance be paid either by one adjoining owner or by the other or that a specified portion of the costs be paid by each of them. R.S.O 1990, c. L.17, s. 14 (1). Deposit of decision (2) Section 9 applies with necessary modifications to a decision made under subsection (1). R.S.O 1990, c. L.17, s. 14 (2).

• 15.
• 15Award to be a charge on land if registered

  15 (1) The award and a certificate made in respect of the award may be registered in the proper land registry office and when registered are charges upon the land affected by them. R.S.O 1990, c. L.17, s. 15 (1). How registered (2) Registration may be by the registration of a duplicate of the award or certificate, as the case may be, or of a copy thereof, verified by an affidavit, together with an affidavit of the execution of the award or certificate. R.S.O 1990, c. L.17, s. 15 (2).

• 16.
• 16Enforcement of agreements

  16 Any agreement in writing in the prescribed form between owners respecting a line fence may be registered and enforced as if it were an award of fence-viewers. R.S.O 1990, c. L.17, s. 16.

• 17.
• 17Administrative fees of municipality

  17 (1) The council of every local municipality may by by-law fix its reasonable administrative fees to be paid to the municipality in relation to proceedings under this Act but, where maximum administrative fees are prescribed, the fees so fixed shall not exceed the maximum so prescribed. R.S.O 1990, c. L.17, s. 17 (1). Idem (2) Subsections 18 (2), (3) and (4) respecting the payment of fees to fence-viewers and for the collection of amounts paid on account thereof by the municipality apply with necessary modifications to the administrative fees payable to the municipality under subsection (1). R.S.O 1990, c. L.17, s. 17 (2).

• 18.
• 18Fees

  18 (1) An Ontario land surveyor and a witness are entitled to the same compensation as if summonsed in the Small Claims Court. R.S.O 1990, c. L.17, s. 18 (1). Payment of fence-viewers fees (2) The corporation of the local municipality shall, at the expiration of the time for appeal from an award made under section 8 or after appeal, as the case may be, and, where applicable, upon the depositing of a certificate under subsection 12 (4) or subsection 13 (7), or of a determination with directions under subsection 13 (9), or a decision under section 14, pay to the fence-viewers their fees, and shall, unless the fees or a portion thereof are immediately repaid by the person adjudged to pay the fees or the portion thereof, place the amount unpaid upon the collector’s roll, and the amount may be collected in the same manner as municipal taxes together with interest thereon accruing from the dat…

• 19.
• 19Unopened road allowance

  19 (1) Despite section 25, where there is an unopened road allowance lying between the lands of two owners and not enclosed by a lawful fence, it is the duty of the fence-viewers, when called upon, to divide the road allowance equally between the owners of the lands, and to require each owner to construct, maintain and keep up a just proportion of fence to mark the division line, but nothing in this section in any way affects or interferes with the rights of the municipality in the road allowance or is deemed to confer any title therein upon such owners or either of them. R.S.O 1990, c. L.17, s. 19 (1); 2024, c. 16, Sched. 8, s. 12. Approval of council required (2) No person shall initiate proceedings for calling on the fence-viewers to act under subsection (1) without the approval of the council of the municipality in which the road allowance is situated. R.S.O 1990, c. L.17, s. 19 (2);…

• 20.
• 20Duties of owner of former railway land

  20 (1) Where land that was formerly used as part of a line of railway is conveyed in its entire width by the railway company to a person, the Crown in right of Ontario, a Crown agency or a municipality who is not the owner of abutting land, the responsibility for constructing, keeping up and repairing the fences that mark the lateral boundaries of the land lies with that person, the Crown in right of Ontario, the Crown agency or the municipality, respectively, if, (a) a farming business is carried out on the adjoining land; and (b) the owner of the adjoining land upon which the farming business is carried out notifies the person, Crown in right of Ontario, Crown agency or municipality, as the case may be, that the owner desires that such person or entity construct, keep up and repair the fences that mark the lateral boundaries of the land. 2006, c. 32, Sched. D, s. 6 (1). Interpretation …

• 20. #20
• 21.
• 21Certain fences removable on notice

  21 (1) The owner of the whole or part of a line fence that forms part of the fence marking the boundary between the owner’s land and the land of an adjoining owner shall not take down or remove any part of such fence, (a) without giving at least six months previous notice of the owner’s intention to the owner and occupant of the adjacent land unless the owner or occupant, after demand made upon the owner and occupant in writing by the owner of the fence, refuses to pay therefor the sum determined as provided by section 8; or (b) if such owner or occupant will pay to the owner of the fence or part thereof such sum as the fence-viewers may award to be paid therefor under section 8. R.S.O 1990, c. L.17, s. 21 (1); 2024, c. 16, Sched. 8, s. 13. Other provisions of Act to apply (2) The provisions of this Act for determining disputes between owners of adjoining lands, the manner of enforcing a…

• 22.
• 22Where tree thrown across line fence

  22 (1) If any tree is thrown down by accident or otherwise so as to cause damage to a line fence, the owner or occupant of the land on which the tree stood shall immediately remove the tree and repair the fence. R.S.O 1990, c. L.17, s. 22 (1); 2024, c. 16, Sched. 8, s. 20 (2). When adjoining land-owner may remove tree (2) On the neglect or refusal of the owner or occupant of the land on which the tree stood so to do for forty-eight hours after notice in writing to remove the tree, the adjoining land-owner may remove it in the most convenient and inexpensive manner, and may make good the fence so damaged, and may retain the tree to remunerate the adjoining land-owner for such removal. R.S.O 1990, c. L.17, s. 22 (2). Recovery of cost (3) A person who repairs a fence under subsection (2) may recover the costs of the work in the same manner as an owner under subsection 11 (3) may recover the…

• 23.
• 22.1Service, notification, etc.

  22.1 (1) Anything that is required to be served or sent and any notice that is required to be given may be served, sent or given, (a) by prepaid mail, certified mail, registered mail or commercial courier at the last known address of the person who is to be served or sent a notice or document or who is to be given notice; or (b) by fax or electronic means, including email, at the last known number or electronic address of the person who is to be served or sent a notice or document or who is to be given notice. 2024, c. 16, Sched. 8, s. 14. Service, notification, etc. by mail (2) If anything is served or sent and if any notice is given pursuant to clause (1) (a), it is deemed to be served, sent or given on the fifth business day after the day of mailing or on the third business day after the commercial courier received the notice or document. 2024, c. 16, Sched. 8, s. 14. Service, notific…

• 24.
• 23Act applies to lands of municipality or local board

  23 (1) This Act applies to lands owned by a municipality and to lands owned by a local board within the meaning of the Municipal Affairs Act, including a conservation authority. R.S.O 1990, c. L.17, s. 23 (1). (2) Repealed: 2002, c. 17, Sched. F, Table. Agreements (3) The council of a municipality or a local board may enter into agreements with owners of land adjoining land owned by the municipality or the local board, as the case may be, for the construction, reconstruction, repair, maintenance and keeping up of line fences to mark the boundary of such lands, and any such agreement when reduced to writing in the prescribed form may be registered and enforced as if it were an agreement between owners under section 16. R.S.O 1990, c. L.17, s. 23 (3). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003

• 25.
• 24Act binds Crown

  24 (1) Except as otherwise provided in subsections (2) and (3), this Act applies so as to bind the Crown in right of Ontario. R.S.O 1990, c. L.17, s. 24 (1). Exception (2) This Act does not apply to lands of the Crown in right of Ontario that at no time have been disposed of by the Crown in right of Ontario by letters patent, deed or otherwise. R.S.O 1990, c. L.17, s. 24 (2). Limitation (3) Despite any other provision in this Act, an award made under section 8 in respect of lands vested in the Crown in right of Ontario shall not require the Crown to be responsible for more than one-half of the fence or to pay to the adjoining owner an amount exceeding 50 per cent of the cost of the fence. R.S.O 1990, c. L.17, s. 24 (3).

• 26.
• 25Act does not apply to public highways

  25 (1) Despite sections 23 and 24, this Act does not apply to any lands that constitute a public highway including lands abutting a public highway that are held as a reserve by a municipality or other public authority to separate lands abutting the reserve from the public highway. R.S.O 1990, c. L.17, s. 25 (1). Agreements under subs. 23 (3) (2) Subsection (1) does not apply so as to prevent the entering into of agreements under subsection 23 (3) with respect to line fences to mark the boundary between a public highway or a reserve and adjoining lands. R.S.O 1990, c. L.17, s. 25 (2).

• 27.
• 26Non-application

  26 This Act, except section 20, does not apply to land in an area that is subject to a by-law passed under subsection 98 (1) of the Municipal Act, 2001 or subsection 109 (1) of the City of Toronto Act, 2006, as the case may be. 2024, c. 16, Sched. 8, s. 15. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003 2006, c. 32, Sched. C, s. 30 (6) - 01/01/2007 2024, c. 16, Sched. 8, s. 15 - 06/06/2024

• 26. #27
• 28.
• 27Appeals divisions

  27 (1) Repealed: 2024, c. 16, Sched. 8, s. 16 (1). Appointment of referee (2) The Minister shall appoint a referee for the purposes of this Act. 2024, c. 16, Sched. 8, s. 16 (2). Deputy referees (3) The Minister may appoint one or more deputy referees for the purposes of this Act and a deputy referee has the same powers and duties as a referee. 2024, c. 16, Sched. 8, s. 16 (3). (4) Repealed: 2024, c. 16, Sched. 8, s. 16 (4). Assignment of hearings (5) A deputy referee shall hear the appeals that are assigned to the deputy referee by a referee. 2024, c. 16, Sched. 8, s. 16 (5). Remuneration (6) Referees and deputy referees shall be paid such remuneration as may be prescribed together with reasonable expenses. R.S.O 1990, c. L.17, s. 27 (6). Section Amendments with date in force (d/m/y) 2024, c. 16, Sched. 8, s. 16 (1-5) - 06/06/2024 Appeals – miscellaneous provisions

• 29.
• 28Clerk on hearing of appeals

  28 (1) The clerk of the municipality in which an appeal is filed under section 10 shall be the clerk for the purposes of an appeal under that section. R.S.O 1990, c. L.17, s. 28 (1). Support services (2) The corporation of the municipality in which an appeal is filed under section 10 shall provide a suitable room for holding the hearing and shall provide all necessary support services as may be required for the purposes of the appeal. R.S.O 1990, c. L.17, s. 28 (2); 2024, c. 16, Sched. 8, s. 17. Idem (3) Support services not related to a specific appeal shall be supplied to the referees and deputy referees by the ministry of the Minister. R.S.O 1990, c. L.17, s. 28 (3). Section Amendments with date in force (d/m/y) 2024, c. 16, Sched. 8, s. 17 - 06/06/2024

• 30.
• 29Regulations by Minister

  29 The Minister may make regulations, (a) prescribing forms and providing for their use; (b) prescribing information that must be included in any notice or form required under this Act; (c) requiring that a form approved or provided by the Ministry be used for any purpose of this Act. 2006, c. 32, Sched. D, s. 6 (2). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. D, s. 6 (2) - 01/01/2007

• 31.
• 29. #31
• 30Regulations

  30 The Lieutenant Governor in Council may make regulations, (a) to provide for determining how costs of line fences marking the boundary between lands situated in territory without municipal organization shall be apportioned and for providing for the manner in which any amount so apportioned shall be recovered and providing for appeals to a referee in relation to such lands; (b) Repealed: 2024, c. 16, Sched. 8, s. 18. (c) prescribing fees in relation to appeals before a referee; (d) prescribing maximum limits of administrative fees for the purposes of section 17; (e) prescribing the remuneration to be paid to referees and deputy referees; (f) prescribing rules of procedure related to proceedings before a referee; (g) prescribing what may be included in determining the costs of proceedings under this Act. R.S.O 1990, c. L.17, s. 30; 2024, c. 16, Sched. 8, s. 18, 20 (1). Section Amendments…

• 31Inspection of awards, decisions, etc.

  31 Subsection 253 (1) of the Municipal Act, 2001 or section 199 of the City of Toronto Act, 2006, as the case may be, applies with necessary modifications to an award, certificate, determination, decision, notice or other document that, as a result of proceedings initiated under this Act is in the possession or under the control of the clerk. R.S.O 1990, c. L.17, s. 31; 2002, c 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 30 (7); 2024, c. 16, Sched. 8, s. 19. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003 2006, c. 32, Sched. C, s. 30 (7) - 01/01/2007 2024, c. 16, Sched. 8, s. 19 - 06/06/2024 ______________