Ontario Line Fences Act: Serving Notice and Appealing an Award

Few people expect to deal with a formal process over a fence, but it happens when neighbours cannot agree about building or repairing one. The Line Fences Act sets out an arbitration procedure run through your municipality, with fence-viewers who make a decision called an award.

This article walks through how the process starts, what the award can cover, and how to appeal if you disagree. Deadlines are short, so if you have received an award, read the appeal section first.

When the Line Fences Act process applies

The arbitration procedure applies only where owners cannot agree and either no fence exists on the boundary and one owner wants one built, or a line fence exists and one owner believes it needs reconstruction or repair.

It does not apply where one owner has already built, reconstructed or repaired the fence alone and wants the neighbour to share the cost, and it does not decide where the boundary is. A municipal council can also pass a by-law exempting all or part of the municipality from the Act and assigning fence costs another way, so check your local by-laws first.

Ontario encourages informal discussion first, either with a municipal staff member or between owners. The Ministry of Agriculture, Food and Agribusiness can provide a Line Fences Act guide at 1-877-424-1300.

Starting the process and giving notice

The process begins with a written request for fence-viewers, which is given to the municipal clerk. Ontario lists this as Form 1. The clerk then sends notices to the parties and to the fence-viewers, listed as Forms 2 and 3. Fence-viewers are appointed by the municipality, and three must be present at a viewing.

The forms listed under the regulation include the following. Check that you are using the current versions, because the regulation has been amended over time and your municipality can confirm what it uses.

Keep proof of everything you send and receive. Dates matter in this process, particularly once an award is made.

What the award can order

The award is the fence-viewers' written decision. It may deal with how responsibility for the fencing work is apportioned between the two owners, and with the description of the fence, including materials. It also allocates the costs of the proceeding between the owners.

• Who is responsible for which part of the fencing work.
• What the fence is to be like, including the materials.
• Who pays the costs of the proceeding, and in what shares.

The award does not settle where the boundary is. If you suspect the fence line is not on the true boundary, raise that with a lawyer before the work is done.

Appealing an award

An owner who is dissatisfied with an award has 15 days from receiving a certified copy of the award to start an appeal. An award is deemed received seven days after it is sent by registered mail. Only the original award can be appealed.

The appeal is started with the owner's notice of appeal, which Ontario lists as Form 5, and proof that it was served is made by an affidavit of service, listed as Form 6. The appeal fee is stated as $406.05 for 2026, and it is adjusted each January 1 by Ontario's Consumer Price Index.

Which body hears the appeal and the exact steps for serving the notice are worth confirming directly in the Act or with a lawyer, given how short the deadline is.

What to do next

• Check whether your municipality has a by-law exempting itself from the Act.
• Try a conversation with your neighbour or a municipal staff member first.
• If you start the process, keep copies of your request and every notice you receive.
• If you receive an award, write down the date you received it and count the 15 days right away.
• Confirm the current forms and the fee with your municipality, because the fee changes each January 1.
• If a boundary, large cost or appeal is involved, speak with a real estate lawyer early.

Frequently asked questions