Town repeals bylaw that required pool fences

Change doesn't affect homeowners' liability if a drowning occurs

The town has no business regulating what happens around your backyard pool, council decided on Nov. 12.

Trent Hills council voted to repeal a bylaw last updated in 2023 that requires pools to be fenced, after hearing a report that noted the bylaw is not enforced and is the only bylaw that solely regulates what a property owner does on their own property. Other bylaws, such as noise restrictions, affect neighbours.

The report by Chief Building Officer Stephen White noted that a number of residents have challenged the lack of enforcement. “They have identified numerous sites where no pool fence enclosures have been erected,” he wrote.

Deputy Mayor Mike Metcalf said the report drove home the fact that the municipality normally only regulates things that impact other residents. He said this was important, new information that was not highlighted a year or so ago when council last considered this issue. “That swayed my thoughts from the last discussion that we had.”

In light of the challenges, staff decided to look at how or whether nearby municipalities regulate pool fences and to consider the risk of drowning in a pool and whether that risk should be regulated by the municipality.  They found that Brighton and Cramhe do not have pool fencing bylaws.

“The pool fence enclosure bylaw solely regulates the activity of the property owner involved,” White said. “The owner of the pool and the property should be held responsible for safety measures in and around their pool. Having a pool enclosure is good practice and is often required by the owner's insurer.  However, it should be left to the individual property owner.”

Councillor Rob Pope asked whether repealing the bylaw would reduce the municipality’s liability.

White said it would, because the town could no longer be held liable for not enforcing a bylaw, a risk it has faced in the past.

A homeowner has liability risk, whether they have invited someone onto their property or not, White said.

Homeowners will still require a permit to install a pool.

The councillors all voted in favour of repealing the bylaw, except Councillor Rick English who pushed his chair away from the council table and recused himself from the discussion and voting, because he has a pool.

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Ford says help coming for OPP bills

Pressure is growing on the Premier’s office to do something about the big jump in the cost of policing by the Ontario Provincial Police, and it seems Premier Doug Ford may be ready to act.

As I wrote earlier in the week, municipalities across the province have been shocked by invoices they received from the OPP last month that set out increases from 15 to 37 per cent for 2025. The jump is driven by a new contract that hikes salaries, which represent 90 per cent of the OPP’s spending.

We don’t know what the increase will be for Trent Hills. The town has not released the invoice and councillors won’t discuss the 2025 budget until Nov. 26.

For example, Stirling Rawdon says its bill will jump 21 per cent next year.

But earlier this week a story by BarrieToday.com, quoted Midland Mayor Bill Gordon as saying the Premier had promised help, when Gordon complained to him directly about the municipality’s 26 per cent increase.

The story said “Gordon informed council that he had spoken directly with Premier Doug Ford and was assured that addressing OPP billing costs was a top priority.

“For the just under 400 municipalities that are impacted by these staggeringly absurd increases, I expect to see some relief coming in the next month. I don’t know what that looks like; clearly they weren’t going to tell me other than they said: ‘Bill, it’s coming,’” said Gordon.”

The OPP normally holds a webinar for municipalities each October to explain its billing and posts background information on its website. This year it has done neither. I’ve repeatedly asked the OPP when it plans to provide that information, but haven’t received any response.

A spokesperson from the Solicitor General’s office told me the province will work with municipalities to ensure they are not negatively impacted.