Temporary Outdoor Patios

• The north side of Pine Street between Elizabeth Street and Pearl Street
• The east side of John Street between Pine Street and Lakeshore Road
• The north side of Lakeshore Road between Brant Street and John Street
• The north side of Lakeshore Road between Locust Street and Brant Street
• The west side of Brant Street between Elgin Street and Lakeshore Road
• The east side of Locust Street between Elgin Street and Lakeshore Road
• The west side of Brant Street between Maria Street and Caroline Street
• The east side of Brant Street between Maria Street and James Street
• The north side of Elgin Street between Locust Street and Brant Street

How to Apply for a Temporary Patio

You must complete a Temporary Patio on Public Lands Application form and send it to patios@burlington.ca. Applications to use public land for retail sales can also be made using this form.

You must follow the Temporary Patio on Public Lands Application & Guidelines (2021), AGCO Liquor License Requirements, public health requirements and all other applicable legislative and regulatory requirements.

We are committed to reviewing applications and granting approvals and agreements as quickly as possible to help you, our local businesses.

If you have questions about the application process for a temporary patio in Downtown Burlington, contact the City’s Special Business Area Coordinator at patios@burlington.ca or 905-335-7600, ext. 7445.

Insurance Requirements on Public Land

On March 23, Council approved a reduction in insurance for business owners adding a temporary patio on public land only from $5 million commercial general liability insurance to $2 million commercial general liability insurance, naming the City of Burlington as an additional insured on the policy. This is in effect for the 2021 patio program, that runs until Oct. 31, 2021*. This insurance rate is only applicable to patios on public land.

Patio Installation & Removal

Once you have an approved application, you can have a temporary patio on public lands until Oct. 31, 2021*.

The temporary patios must be removed by Nov. 1, 2021.

*As long as public health measures allow

How to Apply for a Temporary Patio

You must complete a Temporary Patio on Private Lands Application form and send it to patios@burlington.ca. 

Applicants are responsible for receiving written approval from the land owner or landlord that a temporary patio may be permitted on the property.

You must follow the Temporary Patio on Private Lands Application & Guidelines (2021), AGCO Liquor License Requirements, public health requirements and all other applicable legislative and regulatory requirements.

We are committed to reviewing applications and granting approvals as quickly as possible to help you, our local businesses.

If you have questions about the application process for a temporary patio on private land, contact the City’s Special Business Area Coordinator at patios@burlington.ca or 905-335-7600, ext. 7445.

Patio Installation & Removal

Temporary patios on private land will be permitted from the date of approval until Oct. 31, 2021*. You will be required to remove your temporary patio by the program’s expiry date.

*As long as public health measures allow

If you want to install a temporary tent/structure on your patio, you must apply for a temporary patio permit using the Temporary Patio on Private Lands Application online form. You must specify this on your application for a temporary patio permit. Restauranteurs with an existing patio, in other words, not a temporary patio, may install a temporary tent/structure on your patio, so long as you are granted all the necessary approvals.

To get approval for a temporary tent/structure on any type of patio, you may need to get a building permit if you cannot meet the Ontario Building Code requirements, as described under our Temporary Outdoor Patios General Terms and Conditions section.

1. Proposed temporary patios or temporary patio expansions must be adjacent to the restaurant.
2. Provisions for accessible spaces shall be maintained.
3. Accessibility must be maintained to and throughout the temporary patio and restaurant.
4. A reasonable amount of non-accessible parking spaces shall be maintained.
5. No garbage routes or fire routes will be blocked by any new or expanded patios.
6. Recreation or Entertainment uses are not permitted on any temporary patio.
7. No food or drink preparation shall be permitted on temporary patios.
8. Platforms, stages, decks and portable toilets are not permitted.
9. Temporary patios must not extend in front of adjacent tenant spaces, or beyond the business frontage without permission from the affected adjacent property owner and/or tenant.
10. A minimum barrier of 1.2 metres shall be installed where a patio is adjacent to vehicle movement areas.
11. Perimeter fencing, planters or barriers are permitted on sidewalk patio areas.
12. Access between the patio and the restaurant shall not be obstructed by vehicular drive aisles.
13. Temporary tents must be properly anchored to the ground per OBC requirements.
14. Business owners are responsible to obtain and ensure compliance with all relevant permissions including those of the AGCO, Ontario Building Code, and their landlord.
15. Fire Department connections (Siamese Connections) and hydrants must be unobstructed.
16. Temporary patios and temporary tents are permitted no later than October 31, 2021.
17. All provincial and public health guidelines including those related to COVID-19 precautions, must be maintained including ensuring a minimum of two sides of any temporary tent remain open at all times.
18. All other municipal and Provincial Regulations will continue to apply including AGCO Regulation 719, as amended.
19. The City of Burlington is authorized to inspect all temporary patios and/or temporary tents and require adjustments to the temporary patio to address compliance with these guidelines and other applicable municipal and Provincial regulations.

1. A tent or group of tents is not required to obtain a permit if it is/they are:
   • not more than 60 m² in aggregate ground area,
   • not attached to a building, and
   • constructed more than 3 m from other structures.
2. A building permit is required for a tent or group of tents when:
   • the total area is more than 60 m2,
   • it is attached to a building, and/or
   • it is less than 3 m from another structure.
3. If your tent requires a building permit, the structural design for tents require an Ontario registered Professional Engineer to seal the documents/drawings and make sure they comply with the Ontario Building Code. These specifications apply to the design of the complete building system, including all structural parts, connections, anchors and fabric cover.
4. As part of the structural design, mechanical, thermal, manual or other means of snow removal are not permitted by the Ontario Building Code.
5. Tents/structures larger than 60 m2 may now be permitted until Oct. 31, 2021, to increase the options for temporary patio coverings at restaurants and cafes. You must get a building permit for tents/structures larger than 60 m2. A grant is available to subsidize the applicable building permit fees.
6. Tents/structures are not permitted in a right of way, such as sidewalks and curb lanes, where visibility is obscured for anyone including drivers, cyclists, pedestrians and others.
7. Tents/structures are not to be drilled or attached to the sidewalk or roadway, to maintain public safety and accessibility.
8. A fueled heating appliance shall not be operated in any enclosed or partially enclosed area. As part of the building permit review process, City building staff will consult with a Fire Prevention Officer to make sure it complies with Technical Standards and Safety Authority (TSSA) regulations for the placement of any heating appliances.
9. Be advised that any approved tents/structures shall at all times be required to comply with any and all applicable Provincial, Municipal or other guidelines, regulations, orders, restrictions, public health regulations, and/or any other applicable law that may from time-to-time apply to such tents/structures including COVID-19 regulations and orders. It is your responsibility as the operator to make sure these guidelines, regulations, and/or laws are met.
10. Safety of your patrons and staff is essential. It is your responsibility as the restaurant owner/operator to make sure all tents, of any size, are capable of withstanding wind, rain and snow loads during the relevant seasons. You as the restaurant owner/operator are advised to immediately and continuously remove snow, water, leaves, etc. from the top, sides and around the tent during weather events.

Alternative solutions for temporary tents may be considered by City building staff where a tent(s) does not meet the Ontario Building Code. For more information, please contact building@burlington.ca.

If you have temporary tents that exceed 30 m² in size or that are used for commercial or assembly purposes regardless of size, you must follow The Ontario Fire Code. It says that temporary tents must: 

1. be made of non-combustible materials or flame proofed to make sure the materials will pass the match flame test outlined in NFPA 705, “Recommended Practice for Field Flame Test for Textiles and Films,”
2. have at least two exits located away from each other,
3. have at least one listed minimum 2A rated portable fire extinguisher located at or near one of the exits,
4. not have combustible materials (including decorations) in the tent,
5. not allow smoking and open flame devices in the tent, unless arrangements have been made under the approved Fire Safety Plan in consultation with the Burlington Fire Department,
6. have a Fire Safety Plan for all tents used for assembly purposes and submitted for review and approval to firedepartment@burlington.ca, and
7. If the tent is not equipped with a fire alarm system, a person shall be appointed for fire watch duty and shall patrol the area continuously to make sure that the exits are kept clear. If a fire is detected, this person must notify occupants and staff to exit the tent immediately and call 911.

The Ontario Fire Code and Technical Standards and Safety Authority (TSSA) regulations forbid heaters to be:

• in or below a tent or canopy,
• under fire escapes,
• in a walkway, entrance, throughway or adjacent to an exit,
• beside or blocking firefighting equipment like fire hydrants or fire department connections, and;
• near or attached to trees, utilities or other street elements.

Electric heaters must be used following manufacturer’s instructions and power cables/cords must be kept clear from walkways and protected from mechanical damage.

Restaurants with a permit for a temporary patio and/or tent/structure that is located on private land should make arrangements with the landowner regarding winter maintenance if they wish to operate through the winter.

1. Temporary patios will be considered as sidewalk patios where a minimum 2 metre wide clear path of travel can be maintained for the safe passage of pedestrians. Where required, on-street parking can be used to accommodate a pedestrian board walk, subject to the criteria included as Appendix A to this document.
2. Temporary patios will be considered in existing on-street parking spaces where a minimum 2 metre wide clear path of travel can be maintained for the safe passage of pedestrians. Patios occupying existing on-street parking spaces shall be subject to the criteria included as Appendix A to this document.
3. A minimum 2 metre wide clear path of travel must be maintained or an alternative protected pedestrian walkway provided by the restaurant owner, unless otherwise indicated by the City.
4. Any on-street installations shall be constructed in accordance with the Design Criteria, included in Appendix A of this document.
5. Proposals should not obstruct underground utility access, electrical transformer vaults, utility boxes, parking meters, loading zones, transit stops, and other infrastructure.
6. Proposals must avoid conflicts with existing pedestrian crossings.
7. Proposed temporary patios or temporary patio expansions must be adjacent to the restaurant.
8. Accessibility must be maintained around and throughout the temporary patio and between the restaurant and temporary patio.
9. No access, garbage, or fire routes will be blocked by any new or expanded temporary patios.
10. Recreation or Entertainment uses are not permitted on any temporary patio.
11. No food or drink preparation shall be permitted on temporary patios.
12. Temporary patios must generally not extend in front of adjacent tenant spaces, or beyond the business frontage without permission from the affected adjacent property owner and/or tenant.
13. Business owners are responsible to obtain and ensure compliance with all relevant permissions including those of the AGCO and landlord.
14. Fire Department connections (Siamese connections) and hydrants must be unobstructed.
15. Temporary patios are permitted until no later than October 31, 2021.
16. No advertising or promotional materials may be included on any temporary patio on municipal property.
17. All provincial and public health guidelines including those related to COVID-19 precautions, must be maintained including ensuring a minimum of two sides of any temporary tent remain open at all times.
18. All other municipal and Provincial Regulations will continue to apply including AGCO Regulation 719, as amended.

1. No patios or barriers will be permitted on streets during the winter months, to ensure adequate space for snow clearance
2. A minimum of 1 m of sidewalk clearance must be maintained between any patio and the sidewalk curb, although this provision does not ensure approval and is subject to review on a site specific basis
3. City staff will work with operators wishing to operate a temporary patio and/or tent/structure on public rights of way on an individual basis to ensure public safety measures can be upheld
4. Mechanical snow clearing devices must be able to clear snow and ice from streets and sidewalks while also providing sufficient room for snow storage. Temporary patio configurations that were previously approved and do not allow for mechanical snow clearing must meet these standards.
5. City staff will work with restaurants seeking to operate a temporary patio and/or tent/structure on public rights of way through the winter season on an individual basis.
6. Any issues with patio configurations regarding snow clearance should be resolved before November 15, 2020, with final temporary patio removals occurring the week of November 16- 19, 2020 to avoid any potential problems due to inclement weather.

• The deck (floor structure) must have a flush transition at the sidewalk and curb to permit easy access and avoid tripping hazards.
• The sub-structure must accommodate the crown of the road and provide a level surface for the deck (floor structure) such as adjustable deck pedestals spaced under the surface and of different heights. Another method is to provide steel sub-structure and angled beams.
• The deck must be constructed of a slip-resistant surface.
• The deck must be designed for a minimum load-bearing weight of 4.80 kilopascals (100 psf).
• The deck and patio, including entrances, must meet the city’s Accessible Design Standards.
• All gates must swing into the patio space and not obstruct the sidewalk.
• The design is to include fencing to define the space generally as depicted in DWG. No. S-2 prepared by C.C. Tatham & Associates Ltd. and be capable of withstanding at least 200 feet of horizontal force.
• Proposals must have vertical elements that make them visible to traffic, such as flexible posts, bollards or landscape planters.
• Railings and vertical elements should be a minimum of 0.91 metres (36”) and no higher than 1.07 metres (42”) in height.

• No umbrellas or other treatments can extend into the sidewalk or travelled portion of the roadway.
• To ensure visibility to moving traffic and parking cars, pop-up installations must be buffered using a wheel stop at a desired distance of 1.2 metres (48”) from each end.

• The pop-up installations must provide a minimum of 0.3 metres (12”) from the travelled portion of the roadway.
• Lighting will be subject to review and will be designed and installed in such a way as to not create a visual or physical distraction to travelling public on the sidewalk or roadway.
• Tables shall not exceed a height of 0.865 metres (34”) above the finished floor of a patio (deck).
• No deck (floor structure) shall be permitted on municipal rights of way between November 1, 2020 and April 15, 2021.