The Rural Voice, 1987-08, Page 64r
BRUCE COUNTY Federation of Agriculture NEWSLETTER
446 10th St., Hanover, Ontario N4N 1P9 519-364-3050
LINE FENCES AMENDMENT ACT
The Line Fences Act, recently amended, now includes a number of new or changed
sections that farmers should note. The following is a brief review of some of the major
sections and subsections of the Line Fences Amendment Act 1986 (Bill 23).
Appointment of
Fence -viewers
Section 2 states that "The council of
every local municipality shall by by-law
appoint such number of fence -viewers
as are required to carry out the provi-
sions of this Act and the by-law shall fix
the remuneration paid to the fence -
viewers for each attendance or reatten-
dance by the fence -viewers."
Matters to
be Considered
Subsection 7 (2) states that "In
making the award, the fence -viewers
shall have regard to the suitableness of
the fence to the needs of each of the
adjoining owners or the occupants of
their land, as the case may be, the nature
of the terrain on which the fence is, or is
to be located, the benefit to both owners
of having the boundary between their
lands marked by a fence, and the nature
of the fences in use in the locality, and
may have regard to any other factors that
they consider relevant."
Appeal
In Section 9 (1), an owner dissatis-
fied with the award may appeal there-
from to the referee for the appeal deci-
sion. This must be done within 15 days
of receiving a copy of the reward. (3)
The clerk will then notify the referee
who will set up a time and place for the
hearing of the appeal.
Powers of Referee
Under Section 9 (5), "The referee
shall hear and determine the appeal and
may set aside, alter, or affirm the award,
or correct any error therein, and may
examine the parties and their witnesses
62 THE RURAL VOICE
on oath, and may inspect the premises
and may order payment of the costs of
the proceedings by either party and fix
the amount of the costs."
Decision of Referee
Accordingly, in 9 (6), "Where the
fence -viewers make a determination
under Subsection 6, they shall specify
the portion of costs of the proceedings to
be paid by each of the adjoining land-
owners."
The referees have not, to our knowl-
edge, been appointed yet, but we hope
they will be appointed soon. If you have
any problems about line fences or the
act, please call your local OFA director.
Gerald Poechman
Bruce County
Fedsrafoon of agricuOWWrrs
Second Annual
PORK BARBECUE
-Rain or Shine
Saturday, August 15, 1987
4:30 p.m. to 7:30 p.m.
in conjunction with the
Chantry Chinook Salmon Classic
At the Casino
Port Elgin Beach
Adults $8
Children (5 and up) $4
Family $25