Pool Fence Requirements in Ontario: Bylaws, Permits and Liability

You have a pool, or you are about to buy a home with one, and you want to know what kind of fence and gate you need, whether a permit is involved, and what happens if a child gets into the yard. These are reasonable questions, because a pool is one of the few features of a property that can carry serious risk to people who never agreed to take it on.

The short answer is that pool fencing is mostly a local matter. This article explains where the rules usually come from, what to ask your municipality, how a fence shared with a neighbour is treated, and why liability is a question of facts rather than a simple checklist.

Where pool fence rules come from

In Ontario, pool enclosure rules are generally set by individual municipalities through by-laws, not by one province-wide fence code. That means the required fence height, the type of gate, the latch and the permit process can differ between, for example, Toronto, Ottawa and a small township. Fees and exemption processes vary as well.

Because the details differ, you should not rely on a number you heard from a neighbour or read about for another city. Look up your municipality's pool enclosure or fence by-law, or call its building or by-law office, and ask for the current requirements in writing.

What to confirm with your municipality

Before you dig, fill or buy, put the same set of questions to the municipality. The answers will tell you what you need and in what order.

• Do you need a permit to build, install or fill the pool, and does the fence need its own permit?
• What is the required height of the enclosure, and how is it measured?
• What are the rules for gates, latches and self-closing hardware?
• Can the house wall, a deck or a neighbour's fence form part of the enclosure?
• Does the enclosure have to be finished before the pool is filled, and is there an inspection?
• What applies to above-ground, inflatable or hot tub installations?
• What are the fees, and what happens if the work is done without a permit?

When the pool fence sits on the property line

Many pool fences run along the edge of a lot. If the fence is on the boundary you share with a neighbour, the Line Fences Act may come into play. It gives owners of adjoining properties in most of Ontario a dispute-resolution procedure for fences on a shared boundary line, but it does not cover fences that are not on the boundary line.

The procedure applies only where the owners cannot agree and either no fence exists and one owner wants one built, or a fence exists and one owner thinks it needs reconstruction or repair. Talking to the neighbour first is encouraged. If you build, rebuild or repair the whole fence on your own initiative and then ask the neighbour to pay a share, the Act's fence-viewer procedure does not apply.

Also keep in mind that the Act does not apply everywhere. A municipal council may pass a by-law exempting all or part of its area from the Act and assigning line-fence costs by by-law instead, so whether it applies depends on your municipality. How a pool-enclosure by-law fits with any line-fence arrangement depends on your municipality, so it is worth confirming with the municipality and a lawyer.

If a child gets into the pool area

Many owners ask who is responsible if a child enters the yard and is hurt. There is no one-line answer. Liability depends on the facts of what happened and on your situation, so it is worth confirming with a lawyer.

Your home insurance policy may also have conditions about fencing or pools. Read it or ask your broker whether a pool is covered and whether any fencing requirements are attached. If an incident has already happened, speak to a lawyer promptly and notify your insurer as your policy requires.

Buying a home with a pool, and next steps

If you are buying, a pool can hide problems: a fence that was never permitted, a gate that no longer latches, or an enclosure that relies on a neighbour's fence. Ask the seller for any permits or inspection records and ask your lawyer to raise the question before closing.

• Call your municipality and get the current pool enclosure requirements in writing.
• Walk the fence line and test every gate and latch.
• If the fence is on the boundary, talk to your neighbour before building or repairing.
• Check your insurance policy for pool and fencing conditions.
• Keep permits, receipts and photos of the completed enclosure.
• Speak with a lawyer if you are unsure about liability, a boundary question or a dispute that talking has not solved.

Frequently asked questions