Notice of new town by-law regarding the towing of vehicles from land in Oakville without the consent of the vehicle’s owner on both public and private property, including parking lots 

On Monday, December 16, 2024, at 6:30 p.m., Oakville Town Council will consider a new by-law that will prohibit the towing of vehicles from land in Oakville, both public and private, including parking lots, without the consent of the vehicle’s owner unless carried out in accordance with this new by-law or under the Trespass to Property Act. Once the by-law is passed and in effect, there is to be no more towing in Oakville on the basis of any common law right to tow as a matter of trespass. 

As of the date of this notice, the by-law proposes that all towing and impounding without the consent of the vehicle’s owner may only be done if:

1. the vehicle is parked contrary to the parking regulations for the land as identified by proper signage; and
2. a penalty notice is issued, or a provincial offence is charged; and
3. the tow is authorized by a Municipal Law Enforcement Officer (MLEO) appointed by the Town of Oakville to enforce parking, a Mobile Compliance Officer (MCO) employed by the town to enforce parking, the Director of Municipal Enforcement Services or designate (the Director) or by a Halton Regional Police Service Officer (police officer); and
4. the tow is authorized only after a waiting period of one hour after the charge or penalty notice is issued, with some exceptions.  

If the by-law is passed and in effect, an owner/manager of a property will no longer be able to arrange or authorize the towing of vehicles from their property without the vehicle owner’s consent simply on “say so” under common law but can only do so in accordance with the by-law or under the Trespass to Property Act. 

Additional regulations include:

• an MLEO must receive the consent of the Director prior to authorizing a tow;
• an MLEO, MCO or the Director must advise the Halton Regional Police when a tow is being authorized and prior to the tow occurring;
• rates for towing and impounding must be in accordance with the applicable rate schedules submitted to the Ministry of Transportation by the tow operator and/or vehicle storage operator under the Towing and Storage Safety and Enforcement Act, 2021 or, in a case of “lifting only”, in accordance with the lifting charge included in the proposed by-law;
• the vehicle owner is responsible for the cost of a tow and impounding if done in accordance with the by-law. 

As of December 6, the Council meeting agenda including a copy of the related report and proposed by-law will be available for review. Information on how to delegate and address Council on this matter.   

Please email service@oakville.ca if you have any questions.