The Ontario Ministry of Agriculture, Food and Rural Affairs wants to clean up the Line Fences Act and has posted notice of its intentions on the governments regulatory notice website.
The notice said the changes would:
- Allow occupants to receive a notice of an upcoming fence viewing and 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 (of Agriculture) to appoint referees and deputy referees rather than the Legislative Government in Council (cabinet).
• Remove the requirement for an appeals division and remove the requirement that the cabinet may establish a regulation to prescribe an appeals division.
• Remove the requirement for municipalities to provide stenographic services during appeals hearings.
• Remove the requirement that the commencement date of a fence must be included in an award.
The ministry said these proposed changes will:
Allow it to reduce some burdens.
Modernize the act by aligning with the government's mandate of Building a Digital Ontario and Red Tape Reduction.
Update outdated references and modernize outdated language.
As background, OMAFRA said currently municipalities that have not opted out from the Line Fences Act are required to send notices to homeowners through registered mail if a homeowner in a given municipality requests a fence viewing.
OMAFRA said removing the requirement that notices need to be sent by registered mail is anticipated to yield $1,500 in direct compliance cost savings over a 10-year period.
If a homeowner in a given municipality wishes to appeal the referee's decision, a hearing is required for which municipalities, instead of OMAFRA, are required to provide stenographic services. This would save it $1,000 over 10 years.
What an amazing amount of savings!
