Toronto's New Construction Access Bylaw

I. Introduction

From 1994 to 2008, property owners in the City of Toronto requiring access to their neighbours’ lands to carry out repairs renovations were able to rely on By-Law 1994-0404 to obtain such access. The 1994 By-Law allowed owners and occupants of buildings to enter upon any adjoining land for the purpose of making repairs, alterations or improvements with the sole condition that the adjoining land must be returned to its original condition upon completion of the work.

On October 30, 2008, the City of Toronto passed a new by-law (By-Law 1154-2008) repealing Toronto By-Law 1994-0404, and the corresponding by-laws of East York, Etobicoke, Scarborough, and York, and imposing new and onerous restrictions on property owners’ rights to access their neighbours’ lands to make repairs or renovations.

II. The Old By-Law

By-Law 1994-0404 (the “Old By-Law”) stated the following:

A.  The owner or occupant of any building or other structure, or the agent or employee of the owner or occupant may enter upon any adjoining land for the purpose of making repairs, alterations, or improvements to the building or other structure but only to the extent necessary to effect the repairs, alteration or improvements.

B.  Every person who enters upon any land under the authority of Subsection A and every owner or occupant of any building or structure who causes the entry upon any land under the authority of Subsection A shall leave the land in the same condition that it was prior to entry.

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