Town responds to predatory towing in the community without the vehicle owner’s consent with a new by-law

To help address issues of predatory and fraudulent towing of vehicles without the vehicle owner’s consent in the Town of Oakville, Council approved a new by-law that will come into effect on February 28, 2025. 

By-law 2024-187 prohibits the towing of vehicles without the vehicle owner’s consent from both public and private land in Oakville, including parking lots, unless the towing follows the rules of the new by-law or the Province of Ontario’s Trespass to Property Act, R.S.O. 1990, c T.21. The new by-law also eliminates any common law right to tow or impound a vehicle without the owner’s consent.

Private parking lot owners may register with the Town of Oakville to request the town’s mobile compliance officers (MCOs) enforce parking at their lot, or they may apply to have municipal law enforcement officers (MLEOs), delegated under the Municipal Powers and Duties By-law 2023-021, to enforce parking.

Under By-law 2024-187:

• The towing or impounding of a vehicle without the owner’s consent may only be authorized by an MLEO, MCO, the Director of Municipal Enforcement Services (MES) or designate, or a police officer.
• An MLEO must get approval from the MES Director or designate before authorizing the towing or impounding of a vehicle without the owner’s consent. Additionally, an MLEO, MCO or the MES Director/designate must advise the Halton Regional Police Service (HRPS) before authorizing a tow and prior to the tow occurring.
• Signage must be installed where towing without the vehicle owner’s consent may occur. Existing signs related to authorized parking and towing must comply with the new by-law by December 31, 2027. Signage is not required in municipal rights-of-way or on a driveway to a private dwelling.
• The maximum rates for towing must match those submitted to the Ministry of Transportation, as required by the Towing and Storage Safety and Enforcement Act, 2021 (TSSEA).
• There is a half-hour waiting period between issuing a penalty notice and towing of a vehicle to discourage predatory and/or fraudulent towing. Some exceptions include parking in fire routes and construction zones, interference with snow-clearing operations and emergency situations, among others.

Council also directed staff to provide a review of the effectiveness of the new by-law in one year, as well as investigate the possibility of including special paid or permitted reserved parking spaces on private property in the list of exceptions to the waiting period. Learn more about towing in Oakville and view a copy of the Towing Without the Vehicle Owner’s Consent By-law staff report to Council.

Quote

"Council and Staff have produced a by-law that aligns with new provincial standards to protect parking providers and users from the hazards of unregulated towing of vehicles parked illegally. We look forward to evaluating the results in a year's time."
- Mayor Rob Burton

Background

• On January 1, 2024, oversight and regulation of the towing and vehicle storage yard sectors were transferred from municipalities to the Province of Ontario through the TSSEA.
• Tow operators and vehicle storage operators must have a TSSEA certificate to operate in Ontario.
• MES and Legal staff met with HRPS to discuss the proposed by-law. HRPS will also enforce By-law 2024-187.