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Do Ottawa fence companies need insurance?

Question

Do Ottawa fence companies need insurance?

Answer from Fencing IQ

We found no City of Ottawa or Ontario rule that requires fence installers to carry liability insurance for fence work. Ottawa does not license fence contractors: the City's hardscaping contractor licence, which has its own insurance condition, specifically does not apply to installing fences. We also found no Ontario licence, registration or trade certificate for fence installation.

That said, WSIB coverage is a separate matter. WSIB says people who own or run a business in construction in Ontario must have WSIB coverage, with some exceptions. There is an exemption that applies when a homeowner hires a contractor directly for fence work at their own home, meaning you are not required to obtain a WSIB clearance certificate in that situation. You may still ask for one. A clearance certificate is valid for up to 90 days. If the property is a rental or investment property rather than your own home, that exemption does not apply.

So checking a contractor's insurance is up to you. Here is what to ask for before work begins:

  • A copy of their general liability insurance certificate, naming the policy limits and the insurer.
  • A WSIB clearance certificate if you want confirmation of their standing, even though you are not required to obtain one for your own home.
  • A written contract that covers the scope of work, the price, the payment schedule, the start date, and any warranty terms.
On the written contract: the Consumer Protection Act, 2002 says that a direct agreement made somewhere other than the supplier's place of business, for more than $50, must be in writing and delivered to you. You then have 10 days after receiving it to cancel without any reason. If the agreement includes an estimate, the supplier cannot charge more than 10 per cent above it.

The Construction Act also applies: as the owner, you are required to hold back 10 per cent of the price as work is supplied. Ask a lawyer about when it is safe to release that holdback on a larger job.

Requests sent from this site's form go to fence installers listed in the Ottawa Construction Network directory.

Before you sign, ask each installer to confirm in writing what liability coverage they carry and what it covers on a job at your property.

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Fencing IQ -- Built from the Ontario Building Code, Ontario regulations and City of Ottawa sources and real construction experience. Answers are for informational purposes only and are not a professional assessment.

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