Neighbour's Pool or Hot Tub Fence Rules in Ontario: How to Complain

You notice that the pool or hot tub next door has no proper barrier around it. Perhaps the gate does not latch, or children can walk straight in. It is natural to worry about safety, and to wonder whether you can do anything about a property that is not yours.

Where pool and hot tub enclosure rules come from in Ontario depends on the location and your situation, so it is worth checking the details. This article explains how to find out what applies, how to raise a complaint, and what other legal tools may exist if the problem continues.

Who sets pool fence rules in Ontario

Where pool and hot tub enclosure rules come from, and what they require, depends on where the pool is and on your situation, so it is worth checking with your local municipality or confirming with a lawyer. What counts as an adequate enclosure, and whether a permit is needed, are questions to ask directly rather than assume.

Because of this, it is hard to give one answer that fits every case. Start by finding out which rules apply to the property where the pool is located, not where you live if that is different.

What to check before you complain

Before you complain, it helps to know which rules apply to the pool. Reading them tells you whether your concern is covered.

• Is there a rule requiring a barrier around the pool or hot tub?
• Does it say what counts as an acceptable barrier?
• Are gates and latches addressed?
• Is a permit needed to install the pool or enclosure?
• Who enforces it, and which office takes complaints?

If you cannot find the rules online, the municipal clerk's office may be able to tell you where to look.

How to make a complaint

Ask the office that handles the complaint how it accepts them. A clear, factual complaint is easier to act on than a general worry.

• Give the address of the pool and describe what is missing or unsafe.
• Note the dates and times you saw the problem.
• Take photos from your own property or a public place only.
• Keep a copy of what you send and the name of anyone you speak with.
• Ask what the next steps are and when you can expect a response.

Ask whether your name will be kept private before you give your details. It also helps to be calm with your neighbour if you speak to them first; sometimes the problem is simply that they do not know the rule.

Other legal options if the problem continues

A municipality may prohibit and regulate public nuisances, and if council forms its opinion about what is a nuisance in good faith, a court cannot review that opinion. Whether an unfenced pool is treated as a nuisance under your local by-laws depends on how they are written.

The Line Fences Act lets an owner who wants a boundary fence built or repaired give the municipal clerk notice asking fence-viewers to arbitrate. That Act does not apply to land covered by certain municipal fence by-laws, apart from one section. It deals with boundary fences generally, so whether it helps with a pool safety concern depends on the facts.

As a last step, a judge of the Superior Court of Justice may grant an interlocutory injunction or mandatory order where it appears just or convenient to do so. A court that can grant an injunction may also award damages in addition to, or instead of, the injunction. These steps are more involved and are worth discussing with a lawyer first.

What to do next

• Find the pool or hot tub by-law for the municipality where the property is located.
• Record what you see, with dates and photos.
• File a written complaint with by-law enforcement and keep a copy.
• Follow up if nothing happens, and ask for a file or reference number.
• If someone is injured, or the risk is serious and ongoing, speak with a lawyer about your options.

If you want to take legal action, be aware of time limits. The basic limitation period is two years from the day the claim was discovered.

Frequently asked questions