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Members may know that the Line Fences Act R.S.O 1990 provides a dispute resolution procedure between the owners of adjoining properties in most of Ontario.
Measures aimed at reducing red tape with the stated goal of building more housing were introduced in Bill 185, Cutting Red Tape to Build More Homes Act, 2024 in April and the bill received Royal Assent in June. Updates to the Line Fences Act were a part of these measures, which also included:
- Occupants to receive a notice of an upcoming fence viewing. Remove the requirement that an occupant is liable if the occupant does not inform the owner of a notice given under the Act.
- Remove the requirement that a referee may order a sum of money to be paid by the appellant.
- Mirror language and align the legislation with the Municipal Act, 2001 and the City of Toronto Act.
- Allow notices to be sent electronically or by registered mail.
- Allow the Minister to appoint referees and deputy referees rather than the Legislative Government in Council (LGIC).
- Remove the requirement for an appeals division and remove the requirement that the LGIC may establish a regulation to prescribe an appeals division. This requires legislative changes and changes to Regulation 363/13.
- Remove the requirement for municipalities to provide stenographic services during appeals hearings.
- Modernize certain language and terms used throughout the Act to support readability and understanding.
We submitted our recommendations to the Standing Committee and the then to the Ministry of Agriculture, Food, and Rural Affairs, to include a provision providing municipalities with an option to dismiss certain applications under the Act as frivolous and vexatious. This is to disincentivize neighbours from using the Act as a way to irritate another, thereby wasting municipal staff time and resources. Unfortunately, these recommendations were not added to the final version of the bill. Nevertheless, we are supportive of the provisions that would remove administrative and operational burdens from municipal staff and bring needed clarity to the Act.
The ministry has provided updated guidebooks on the Line Fences Act to reflect the amendments to the Act.