WELLINGTON NORTH – Council here voted unanimously on July 26 to direct its clerk to bring a Non-Application of the Line Fences Act bylaw to its next meeting.
In other words, the Line Fences Act will no longer apply in the township.
The act provides a dispute resolution procedure between owners of adjoining properties throughout most of Ontario. Line fences mark the boundary between properties and are often referred to as boundary or division fences.
The act only deals with disputes about fences that are on a boundary line.
The arbitration procedure only applies in two situations where owners are unable to reach an agreement:
– where no fence exists at the boundary between the two properties, and one owner wants a new fence to be constructed to mark the boundary.
– where a line fence already exists, and one owner believes that it needs to be reconstructed or repaired.
In these situations, an owner can ask that a municipality assign “fence viewers” to resolve the dispute. Three fence viewers are required to be present at a “viewing.”
After the viewing, the fence viewers issue an award and allocate the costs of the proceeding between the owners.
By passing a bylaw, municipalities are able to opt out of the Line Fences Act.
A staff report states the act is not an efficient way to deal with boundary fence disputes, and that over the last eight years, there has only been one request for a viewing and it was found to not be under the jurisdiction of the act.
By passing a Non-Application of the Line Fences Act bylaw, anyone seeking to build a fence would construct it on their own property, at their own expense.
“If we proceed with this and then an incident comes up that would warrant the Line Fences Act, what then would be the recourse of the property owners?” Mayor Andy Lennox asked.
Director of legislative services/clerk Karen Wallace said it would become a private matter between the owners.
“If you want to put a fence up, you’ll put it one inch onto your property line, and if you would like the neighbour to share and you put it on the property line, the best course of action would be to get a written agreement between the neighbours,” Wallace said.
“If someone defaults on their costs, it would be a civil matter through the courts.”
Wallace explained that when the act was developed, it was meant to help rural areas.
“It wasn’t meant at that time to decide what kind of an intricate fence you’re going to have in town so that it matches in keeping with the neighbours’ fence,” she said.
Council remuneration
Council also directed the clerk to bring a remuneration bylaw to the next meeting of council.
Township staff reviewed the current council remuneration bylaw and recommended an amendment that would allow council to consider a revised bylaw each June before a municipal election year.
Any increase in remuneration would not be effective until Jan. 1, 2023, after the next municipal election.
“If we paid you guys by the hour, we would have a 40 per cent tax increase,” Wallace joked.
Remuneration for 2023 to 2026 will be $29,500 for the mayor and $19,000 for councillors. In 2021, the mayor’s remuneration is $27,953 and council remuneration will be $17,600.
Wallace said the slight increase in remuneration “doesn’t even touch” what a municipal elected official does, but the slight increase will help encourage people to run.
“It’s not for the money, you can tell that by what the suggested rate is, but to kind of offset it a little bit for the work that you have to do. It’s a huge time commitment,” she said.
A report from township staff noted that limited remuneration and the level of commitment required to serve on council are both barriers to attracting younger and more diverse candidates to run for seats on municipal council.
The report also states that the role of local councillor is expanding, and for many councillors the job has become 24/7, even if they are only compensated as a part-time employee or volunteer.
“I’m sure all of us do this job because we want to help our community move forward, and not for the money,” Lennox added. “But I think it’s important that we value the time we spend as well.”
Lennox continued, “If you don’t put an appropriate value on things, how can you expect other people to value it too?”
