Temporary Outdoor Patios

Please complete a Temporary Patio on Private Lands Application[RS1] [ET2] [RS3]  form and send it to patios@burlington.ca. 

You are responsible for receiving written approval from the land owner or landlord that they are allowing you to install a temporary patio on their 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 patios@burlington.ca or the Special Business Area Coordinator at 905-335-7600, ext. 7402.

Patio Installation & Removal

Temporary patios on private land will be permitted from the date of approval until April 14, 2022*. You must remove your temporary patio by the program’s expiry date. Information on how  to apply for a temporary patio on public lands for next summer, will be available in spring 2022.

*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, that is 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.

For questions or help with the application process for a temporary tent/structure, please contact the patio team at patios@burlingtion.ca

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. **Extensions may be issued for continued patio use through to April 14, 2022.
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.

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.