Terraces and sidewalk displays on rue Lambton: what the public-property bylaw allows

Bylaw 93-2015, in force since May 6, 2015, applies only to rue Lambton between rue Bridge and rue Church. A business there may use the sidewalk in front of its building without a certificate, but a terrace in a parking space needs council's approval, and a first offence carries a fixed fine of $500 for an individual or $1,000 for a company, plus costs.

Why this bylaw exists

Article 1.2 gives the purpose: to regulate (encadrer) all projects to occupy the public domain (domaine public). Article 1.3 says the bylaw applies only on rue Lambton, between rue Bridge and rue Church. The bylaw does not define the term: article 1.4 refers readers to the terminology index of Ormstown's zoning bylaw, then to the dictionary.

Notice of motion was given April 7, 2015. The bylaw was adopted May 4, 2015, and was published and took effect May 6, 2015.

Using the sidewalk in front of a business

Any owner or operator of a business may occupy the sidewalk in front of the building it occupies, for example with chairs, tables, sales kiosks and other furniture used to run the business, with no certificate (art. 3.1, 3.5). Three restrictions apply (art. 3.5):

• the occupation may extend at most across the full width of the façade of the building used by the business;
• a passage must be left clear for pedestrians. Article 3.5 b) gives its width as “un virgule cinq mètre (1 m)”: 1.5 metres in words, 1 metre in figures;
• the sidewalk must be free of any obstacle in winter so it can be cleared of snow, “generally” from November 15 to May 15 of the following year.

Terraces in parking spaces

Only a terrace occupying one or more public parking spaces can obtain a certificate (art. 3.1). The certificate is issued only after council authorizes the terrace by resolution (art. 3.2 h, 3.4.3, 3.4.4). The conditions:

• Number of spaces: a maximum of four parking spaces on rue Lambton can be authorized for a terrace, and one applicant may not occupy more than two (art. 3.4.5).
• Season and hours: from May 15 to November 15 each year. Outdoor terraces may be open only between 7 a.m. and 11 p.m. (art. 3.4.6).
• Advertising and structures: no advertising attached to the railing (garde-corps), whether vinyl, canvas, fabric or any other material, and no awning or shelter detached from the main building (art. 3.4.7).
• Use: only eating and drinking. Sound equipment and broadcasting sound are prohibited. Selling and drinking alcohol require a liquor permit (permis d'alcool) from the Régie des alcools, des courses et des jeux du Québec (art. 3.4.7).
• Validity: one summer season, to be renewed for the next, unless council's resolution says otherwise (art. 3.4.8).
• Deadlines: setting up the terrace must begin within three months of the certificate being issued, and the installation must be finished within five days of starting work (art. 3.4.9, 3.4.10).

Applying for a terrace certificate

1. Written applicationOn the municipality's official form, dated, with the applicant's contact information, the proposed location, details of the planned works and their likely duration (art. 3.2, 3.4.1).
2. Supporting documentsA scale layout plan showing the terrace in relation to the main building, the street and any obstacle on the sidewalk; a plan of the furniture and accessory equipment (heating, menu, lighting, etc.); recent photos of the establishment's façade and the neighbouring façades; and proof of $1,000,000 liability insurance in force for the whole occupation (art. 3.4.2).
3. Completeness and conformityThe officer stamps the date of receipt and lists anything missing; the deadline for a decision starts only once the file is complete. A non-compliant application gets a written report giving the reasons (art. 3.2 a–f).
4. Council decision30 or 45 daysThe officer submits the complete file to council within 30 days under article 3.2 g), or within 45 days under article 3.4.3, for approval by resolution.
5. Certificate issued or refusedIssued on presentation of a copy of the council resolution, if the project meets all applicable rules. A refusal must be explained in writing (art. 3.2 h, 3.4.4).

Article 3.3 says no fee is charged for a certificate under this bylaw. The 2026 fee schedule, Bylaw 39-2026, lists $40 under “Urbanisme” for a “Certificat d'autorisation pour un aménagement d'un stationnement/terrasse/patio” (line 70); that line does not name Bylaw 93-2015.

Who pays for damage

Anyone occupying public property under an authorization from this bylaw is responsible for any harm resulting from it, must take up the municipality's defence (prendre fait et cause) in any claim for that harm, and must hold it harmless. A terrace operator is responsible for any damage to public property (furniture, trees, pavement, etc.) caused by installing, operating or dismantling the terrace, and the municipality's repair or replacement costs will be billed to the operator (art. 4.1).

Inspection and enforcement

The bylaw is applied by an officer (officier responsable) designated by council resolution (art. 2.1). The officer can revoke a certificate, order a halt to work that breaks the bylaw or is dangerous, and issue statements of offence (constats d'infraction) in penal proceedings (art. 2.2). The officer may inspect structures and furniture on public property between 7 a.m. and 7 p.m. Operators of structures on public property must receive the officer and answer questions about compliance with the bylaw (art. 2.2 c). Obstructing an inspection, or misleading the officer, is an offence (art. 2.3).

Filming

The fee schedule, Bylaw 39-2026 (in force June 1, 2026), lists filming on line 78 of its Annex A as “Tournage (modification réglementaire à prévoir – Occupation du domaine public (93-2015))” and, in a note to Annex B, refers to the public-domain bylaw in force for how shoots are authorized. Bylaw 93-2015 contains no provision on filming. Annex B sets a base fee for filming (none for a student shoot, $50 for a non-profit, $250 for a commercial shoot) and daily rates for reserved parking, street closures and the use of a building, land or park.

Penalties

• First offence: a fixed fine of $500 for an individual (personne physique) or $1,000 for a company (personne morale), plus costs (art. 5.1).
• Repeat offence (the same offence within two years of a conviction): $1,000 for an individual or $2,000 for a company, plus costs (art. 5.1).
• Continuing offences: each day an offence lasts is a separate offence, and they can be described in a single count (art. 5.1).
• Civil remedies: council may also go to the civil courts to enforce the bylaw (art. 5.2).

What this means for residents

On rue Lambton between rue Bridge and rue Church, a business may use the sidewalk in front of its building without a certificate, within the width of its façade, leaving a passage for pedestrians and keeping the sidewalk clear in winter (art. 3.1, 3.5). A terrace in parking spaces requires a complete application, proof of $1,000,000 in liability insurance, a council resolution and, unless the resolution says otherwise, a new certificate for each summer season (art. 3.4.2, 3.4.3, 3.4.8).