March 2020
Line Fences Act to be Administered by Ministry of Agriculture, Food and Rural Affairs

2020-03-05 10:07:17 AM

CATEGORIES: Rural Affairs

The Ministry of Agriculture, Food and Rural Affairs (OMAFRA) will replace the Ministry of Municipal Affairs and Housing to now administer the Line Fences Act.

The Line Fences Act was initially proposed to be repealed in Bill 132 but following consultations and a review by the Standing Committee on General Government, the Bill received Royal Assent without the repeal.

During this time, AMCTO submitted comments and expressed concerns to the Committee that the repeal would show to be more complex for some communities. Specifically, it may have posed an administrative burden to municipalities with limited staffing resources that would have had to draft by-laws to help resolve cost-sharing disputes.

For example, rural and agricultural communities that see disputes arise between livestock owners and cash crop farmers will require a different cost-sharing model than smaller residential communities that have disputes often relating to residential property owners with privacy or land access concerns.

AMCTO is pleased that the Line Fences Act can continue to be a solution for rural communities across the province through its administration by OMAFRA.

The Line Fences Act was created to provide a procedure for fence dispute resolutions between owners and adjoining properties. In 2001, the Municipal Act was adopted and provided municipalities the authority to pass a by-law to use in place of the Line Fences Act. The repeal was reasoned on the ability of municipalities to regulate fencing matters through their own bylaws and standards.

For more information, please see below:

Line Fences Act, 1990

AMCTO: Bill 132’s Proposed Line Fences Act Repeal Withdrawn

AMCTO: Comments Submitted on Proposed Repeal of the Line Fences Act in Bill 132

AMCTO: Government Passes Bill 132, Better for People, Smarter for Business Act


 


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