Ontario Fence Guide: Permits, By-laws & Materials

Do I need a permit to build a fence in Ontario?

Usually not for a standard fence. Each municipality regulates fences. Brampton and Mississauga say a permit is generally not needed for a fence that meets their height and location rules. A fence around a swimming pool is different: it needs a permit or City approval.

Each city or town sets its own fence rules in a by-law, so the rules for your address depend on where you live. Even Ontario’s Line Fences Act defers to them: a fence set under that Act must follow any local by-law “prescribing the height and description of lawful fences” (s. 8(3)). Examples from the Greater Toronto Area:

• Brampton: the City states that it “does not require” a permit to build a fence, but warns owners not to build on a neighbour’s or City property (City of Brampton, Fences).
• Mississauga: “You may not need a permit to build a fence in most cases,” but the maximum height depends on where the fence sits. Owners whose fence cannot meet the by-law can apply for a fence exemption (City of Mississauga, Fences).
• Toronto: Municipal Code Chapter 447 sets heights and banned materials for fences on private property. The permit requirement in that chapter is for swimming pool enclosures (§ 447-1.3B, Toronto Municipal Code Ch. 447).
• Oakville: the Town’s fence guide sets height limits under Fence By-law 2002-034 and states that “a pool enclosure permit is required before beginning construction” (Town of Oakville fence guide).

Rules that apply even without a permit

No permit does not mean no rules. Toronto, for example, bans barbed wire on most fences and bans sheet metal or corrugated metal panels. A fence within 2.4 metres of a driveway must be an open design, such as chain-link, for at least 2.4 metres from the lot line where the driveway begins, so drivers can see the street (Ch. 447, § 447-1.2A and C). Oakville’s guide notes that a fence that breaks the by-law must be modified to comply (Town of Oakville).

How tall can a fence be in Ontario?

It depends on your municipality. In the four GTA municipalities below, rear and side yard fences are generally limited to about 2 metres. Front yard fences near the street are limited to between 1 and 1.5 metres, with extra limits near driveways and corners.

Residential fence height limits, as published by each municipality. Corner lots, sight triangles and driveways have additional limits; follow the source link for full details.

How is fence height measured?

Each municipality defines this itself. Toronto measures from the average grade one metre away on either side of the fence (§ 447-1.2B(1)). Oakville measures from grade at the base of the fence, and where neighbouring lots sit at different elevations it uses the mean grade between the two lots (Town of Oakville).

What does a pool enclosure fence need?

A permit or City approval, a minimum height (1.2 metres around a pool at a house in both Toronto and Oakville), and gates that close and latch on their own. The enclosure generally has to be finished and approved before the pool is filled.

Toronto (Municipal Code Ch. 447, § 447-1.3)

• A “swimming pool” includes any outdoor structure for swimming, wading or bathing where the water can exceed 600 millimetres deep.
• A permit for the pool enclosure is required before excavating for or erecting a pool.
• Minimum enclosure height: 1.2 metres for a pool on a single residential property; 1.8 metres on a multiple residential or non-residential property.
• A single gate must be self-closing and have a lockable, self-latching device. It goes on the inside near the top of the gate, or on the outside at least 1.5 metres above grade. Keep the gate locked when the pool is not in use.
• Chain-link used in an enclosure must have mesh no larger than 38 millimetres.
• The pool cannot be filled until an officer has inspected and confirmed a complying permanent enclosure (with a limited exception in § 447-1.3B(8)).

Source: Toronto Municipal Code Chapter 447.

Oakville (Pool Enclosure By-law 2006-071)

Oakville’s guide covers pools, hot tubs and inflatable pools deeper than 0.61 metres at any point. A hot tub needs no permit or enclosure if it has a locked, permanently fixed cover that can hold 90.72 kilograms (200 pounds). The enclosure should be at least 1.2 metres high, with no opening larger than 38 millimetres. Every gate and door needs a lock and a self-closing, self-latching device. The enclosure must be finished before the pool is filled. A permit is required before construction begins (Town of Oakville).

Brampton and Mississauga

Brampton requires a fence around any outdoor pool, spa, hot tub or other artificial body of water that you can swim in or that can be deeper than 60 centimetres. In the City’s words, “you must get a permit to build a fence to enclose the pool” (City of Brampton). Mississauga requires owners of above-ground or in-ground pools, hot tubs and swim spas to submit documents and pay fees for approval before starting work (City of Mississauga).

Do I need to call before I dig fence post holes?

Yes, but you don’t have to arrange it. Ontario law requires whoever digs to have utility locates first, and fence post holes count. Property Fence does the digging, so we get the locates in our name before every job.

Under the Ontario Underground Infrastructure Notification System Act, 2012, the excavator, meaning whoever does the digging, generally cannot start until a locate request has been submitted and every affected utility has responded. The law says an excavator “shall not commence an excavation or dig” before then (s. 10(1)). For a standard request, utilities must respond within five business days (s. 6(3)), and a standard request cannot be submitted more than 30 days before digging is expected to start (s. 12(1)).

Ontario One Call now operates as Ontario Dig Authority, and it lists “building a fence or deck” as work that needs a locate (Ontario Dig Authority). On a Property Fence job, we request the locates and wait for every utility to respond before we dig.

Private lines are not included

The public locate covers utility-owned lines. Lines you own on your property are not part of it and need a separate private locate (Ontario Dig Authority). Property Fence takes care of the locates for every job, so you do not need to arrange them.

Who pays for a fence between neighbours?

Neighbours usually agree between themselves. If they cannot, and the Line Fences Act applies where they live, either owner can ask the municipality to send fence-viewers, whose award generally splits the boundary fence one-half each.

The Line Fences Act, R.S.O. 1990, c. L.17 sets out the process at a high level:

1. An owner who wants a boundary fence built, repaired or rebuilt notifies the municipal clerk on the prescribed form (s. 4(1)).
2. The clerk serves notice on both owners and the occupant that three fence-viewers will meet to arbitrate. The meeting is set no more than 30 days after the clerk receives the request (s. 4(2)-(3)).
3. The fence-viewers make a written decision, called an award, that sets the fence’s location, design and materials. They either give each owner half of the fence to build, or have one owner build it and the other pay half the cost, unless that would be unfair (s. 8(1)). The fence must conform to any municipal fence by-law (s. 8(3)).
4. An owner who disagrees can appeal to the referee within fifteen days of receiving a copy of the award (s. 10(1)).

Does the Line Fences Act apply in my city?

Not everywhere. The Act, except section 20, does not apply to land covered by a municipal by-law passed under s. 98(1) of the Municipal Act, 2001 or s. 109(1) of the City of Toronto Act, 2006 (s. 26). Toronto is one example: Chapter 447 states that the Line Fences Act, except section 20, “does not apply to all of the City of Toronto” (§ 447-2.1). Mississauga says disputes about the location or price of a boundary fence “must be settled between the property owners” and provides a division fence procedure with sample notice letters (City of Mississauga). Oakville points owners to its Fence Apportioning Cost By-law 1991-084 (Town of Oakville).

How deep should fence posts go in Ontario?

Set posts below the frost line. Ontario municipal building guidance, such as Middlesex Centre’s, gives the depth of frost penetration as 1.2 metres (48 inches). No fence by-law reviewed here sets a post depth, so confirm the frost depth for your area with your local building department.

The municipal fence by-laws cited in this guide regulate height, location and materials, not how deep posts are set. Post depth is usually based on frost depth. For example, the Municipality of Middlesex Centre’s deck guide says pier foundations must reach “at least the depth of frost penetration, 1.2m (48”)”. Otherwise, an engineer must design them (Middlesex Centre Wood Deck Guide). That guide covers decks rather than fences, but it gives the same 1.2 m (4 ft) frost depth.

Wood vs iron vs chain-link: which fence is right?

Choose wood for privacy and a natural look, iron (steel or aluminum) for a decorative, open boundary, and chain-link for an affordable, see-through barrier. The table compares them in general terms.

General comparison. Lifespan depends on material grade, finish, installation and upkeep, so no fixed figures are given.

Wood fence

Property Fence builds wood fences in cedar and pressure-treated wood, in four styles: Full Privacy, Semi-Private, Friendly Neighbour and Sound Barrier. See wood fence installation.

Iron fence

Iron fences are offered in steel and aluminum. See iron fence installation.

Chain-link fence

Chain-link is available galvanized or powder-coated. Because it is open, it suits areas where a by-law requires open construction, such as near driveways in Toronto (§ 447-1.2C). See chain-link fence installation.

Replacing an old fence?

An existing fence, its posts and footings usually have to come out before a new one goes in. See fence removal.

Can fences be installed in winter?

Yes. Property Fence installs fences year-round, including in winter. Frozen ground takes more effort to dig, but it does not stop a properly planned installation.

Frozen soil is harder to dig, so post holes are dug with equipment suited to frozen ground. Where posts are set in concrete, fresh concrete has to be kept from freezing in its early stage while it gains strength. The US Natural Resources Conservation Service lists preventing “damage to concrete from early stage freezing” as the first objective of cold-weather concrete work (USDA NRCS, Cold Weather Concreting).

The locate rules do not change with the season: in winter too, we get the locates and wait for every utility to respond before we dig.