By-Law

Bylaw 2024-75The following is a list of most frequently requested by-laws as they relate to licensing by-law and regulation by-law of property standards; parking control; animal control; fees; permits, by-law enforcement, etc.

The following list of City of Markham By-laws could have a direct impact on the design of your project. Please review these By-laws and contact our Application Administrators should you require further explanation at 905.475.4743.

• Building By-law #2023-177
• Deck By-law #142-95 (Please Note: By-law #142-95 does not apply to new urban expansion areas in Markham - see Regulations for Decks By-law #177-96)
  
• Regulations for Decks By-law #177-96
• Home Occupation By-law #53-94
• Swimming Pool Enclosure By-law #2015-96
  

Welcome to the By-law Guide for Markham Homeowners — an overview, in plain language, of what residents must know about City of Markham’s services, operations and the legal rules that may affect a homeowner’s property — some sections are relevant to landlords and tenants as well.

This guide makes it easy for you to explore the 14 by-laws about which Markham homeowners are most often concerned. Simply click the topic that interests you to research a brief, easy-to-read summary.

Follow the links in each summary to a full, technical description of the by-law and to other useful areas on this website.

The City of Markham is committed to providing easy-to-understand information on the by-law and regulations that may affect both current and future homeowners in Markham. These by-law concern the use and enjoyment of your property, and understanding them is an important part of living together as a community.

For more information on the By-law Guide for Markham Homeowners call the By-law Enforcement and Licensing Department at 905-479-7782 or email customerservice@markham.ca.

On October 17, 2018 cannabis was legalized in Canada.

October 16, 2018, Markham Council passed a new Cannabis By-law that further protects the health and well-being of Markham residents, and ensures local community needs and concerns are fully addressed.

View Markham's Cannabis By-law (2018) [PDF]

What does this mean for Markham Residents?

1. Smoking and vaporizing of recreational cannabis is prohibited in all public places in Markham
2. Offenders may be subject it fines or penalties of up to $1000
3. Medical cannabis use is exempt from this by-law and subject to relevant federal and provincial legislation

Cannabis consumption is generally restricted to private residences.

No person shall smoke or vaporize cannabis, or hold or otherwise use lighted cannabis in any public place, including, but not limited to, the following:

• Anthony Roman Centre
• Facilities owned by the City of Markham including, arenas, community centres, libraries, parks and pools
• Parks, trails and natural areas
• All schools, daycare and other childcare facilities
• Roads, sidewalks and municipal boulevards
• Shopping centres and retail establishments
• Commercial or business and premises
• Public and private parking lots
  

The negative health risks associated with smoking of any kind (tobacco or cannabis) are well documented in academic and medical research. This is especially true with respect to youth. Markham’s new Cannabis By-law will better protect the quality of life for residents and visitors and ensure our public spaces continue to be enjoyed by all.

Learn more about Cannabis Fire Safety.

Cemetery Operator Licence #3310491

City of Markham Cemeteries By-law

The City of Markham has submitted Cemetery By-law 2012-178 to the Registrar of the Funeral, Burial, and Cremation Services Act 2002 for Bethel-Lunau Cemetery, Buttonville Cemeteary, Eckardt Cemetery, First Markham Baptist Cemetery, Hagerman West Cemetery, St. John's 5th Line Cemetery, and Thornhill Cemetery. Any interested parties may contact Alida Tari, Manager, Access & Privacy, at 905-477-7000 extension 2082, for information or to make copies.

These by-laws are subject to the approval of the Registrar, Funeral, Burial, and Cremation Services Act, 2002. Cemeteries Regulation Unit may be reached by calling 416-326-8399.

Overview

The City of Markham manages 18 historical, pioneer and abandoned cemeteries. The operation of Markham Cemeteries is governed by the City By-law 178-93.

• List of City owned Cemeteries

Burials

Markham has 5 active cemeteries where burials are permitted.

Fees for all Markham Cemetery supplies and services, including the price of Interment Rights, are included in the City’s current price list.

Administration

The administration in the Legislative Services Department act as a liaison with the members of the Markham’s Cemetery Board in matters of the annual budget, maintenance of the grounds and stones and the fees charged for lots and cornerstones. Individual files are maintained for each cemetery within the Legislative Services Department.

City of Markham contact - Alida Tari, 905- 477-7000 extension 2082 or e-mail: atari@markham.ca.

Other links: Ontario Genealogical Society at http://www.ogs.on.ca/

Active Cemeteries in Markham

Buttonville Cemetery

Historic Buttonville Cemetery lies on the east side of Woodbine Avenue, just south of 16th Avenue. It is the final resting place for many of the area's original pioneer families and dates from 1830.

John Button, a local landowner, donated land for a Wesleyan Methodist Church and burial ground, with a portion of the property set aside as a family burial site. He achieved the rank of Major in the local militia and died in 1861. Major Button's grave marker indicates he was 89 years of age.

Eckardt Cemetery

The cemetery, located on the west side of McCowan Road, south of Highway 7, was originally part of the Eckardt Family farm. Still active today, the site dates back to the 1830s.

First Baptist Church Cemetery (Markham)

Located on the 9^th Concession Road, north of Major Mackenzie Drive, the First Baptist Church dates back to the 1830s. A Baptist Church was built on the Miller Family Farm in the late 1840s and many of the Miller family are buried here. The Church was later moved and restored to become one of Markham's heritage buildings.

Hagerman West Cemetery

The cemetery lies on the west side of Kennedy Road, north of 14th Avenue, in a bustling part of Markham. The Hagerman family, original settlers to the area, donated a church, that sat on the site beside the cemetery, which, at the time, had been the private burial grounds of the family. The church was later replaced with a brick structure that was torn down in the 1920s.

St. John's 5th Line Church Cemetery (Milliken)

Located on the east side of Warden Avenue, north of Steeles Avenue, this cemetery is all that remains of the original site. The frame church was destroyed by fire after a lightning strike in 1929, and not rebuilt. The first recorded burial was of a man who fell from the steeple of the Church.

Relation information:

• About Development Charges
• Development Charges Rates
  

Driveway Paving Contractors must be Licensed by City

The City of Markham requires paving contractors who construct or extend driveways in Markham to be licensed by the City.

Contractors that hold a licence are insured, identifiable and are familiar with Markham bylaws that regulate driveway construction. They are also required to enter into a written contract with the client before beginning any work.

Driveway Paving Contractor Licences expire annually on March 31. All Contractors must renew their licence annually. To confirm if a Contractor is licensed, please e-mail us at LicensingFC@Markham.ca

To apply for a licence or for more information, contact the City of Markham at LicensingFC@Markham.ca or visit the Business Licencing counter at the Markham Civic Centre, 101 Town Centre Boulevard.

Related Information

• Stationary Business Licensing By-law 2018-90
• Extended Driveways By-law 2006-96
• Driveway Extension Brochure

The bylaw defines Driveway Paving Contractors as those engaged in the business of paving or sealing driveway surfaces, on privately owned property and boulevards adjacent to such property, including the alteration of property in preparation of paving. Paving includes materials such as asphalt, concrete and interlocking stone.

Election Sign By-law

Election signs are subject to both municipal and regional sign bylaw regulations. The City of Markham administers and enforces the City's and Region's election sign bylaws in Markham for municipal elections.

In order to put up election signs in Markham and on and/or Regional roads in Markham, Candidates and Third Party Advertisers must have a permit from the City of Markham and the Regional Municipality of York.

• Markham Election Sign By-law 2018-8
• York Region Sign-By-law 2015-36

Visit the Parking web page.

The City of Markham's Animal Control By-law requires that domestic pets be licensed, including cats and dogs. You need a licence even if your pet has a microchip implant. A licence helps to identify your pet if it gets lost.

When you buy a dog or cat licence, your pet will get a Free Ride Home if it is found by the OSPCA.

If your pets don’t have licences, you could be fined.

To make it easy for residents to license their pets and to ensure excellent customer service, licensing process can be completed online.

For further information, please call 905-477-5530 from 8:00 AM to 5:00 PM Monday to Friday.

Call before you cut!

Tree Preservation By-law in effect.

Markham enacted its new Tree Preservation By-law regulating the destruction or injury of private and City trees on December 13, 2023.  The By-law replaces Tree Preservation By-law 2008-96 and is effective immediately.

The Tree Preservation By-law was adopted by Council to support a greener community and a healthier environment. It exists to preserve significant trees on all properties within the City and to sustain Markham's urban forest.

Call before you cut! - Permit required

Property owners must apply for a permit before injuring or destroying  any private tree in Markham with a trunk diameter of 20 centimetres (about 8 inches) or more, measured at 1.37 metres (about 54 inches) above the ground at the base of the tree.

Anyone contravening the Tree Preservation By-law and found guilty of an offence will be subject to penalties.

Permit Process

Note: All trees that are 20cm Diameter at Breast Height (DBH) or greater require a Tree Permit, regardless of health, structure, or risk level.

1. Submit a Tree Permit Application using the Online Tree Permit Application or fill out the Tree Permit Application Form [PDF] and submit completed application in person to the City of Markham Civic Centre, Unionville entrance at 101 Town Centre, Markham, Ontario L3R 9W3.  Applications can take up to 45 days to process

2. Where a permit is applicable and the tree is not assessed as a Dead or Dying Tree (as per By-law definitions), planting requirements and/or cash in lieu payments will be required as a condition of your permit.

3. If you have a tree that is high risk or at imminent risk of failure and you are looking to have the permit application expedited, a Tree Risk Assessment Report by a Tree Risk Assessment Qualified Arborist is required as part of your application submission.

4. If tree failure has already occurred, or the tree is deemed hazardous as per By-law definitions, the owner is required to document the tree with photographic evidence and provide documentation to treepreservationadmin@markham.ca     

In relation to Residential Grading and Servicing (RGS) development applications, Pool Enclosure (PE) Permits, Housing Permits (HP), Demolition Permits (DP), Alterations (AL), or other landscaping, construction or commercial projects where trees may be impacted, City staff will require the submission of Tree Assessment and Preservation Plan prepared by a Qualified Tree Expert and/or submission of a Declaration Form. Please refer to the webpage here for details about working near trees during construction. 

• Construction Related Tree Permit Application Process

• Non-Construction Tree Permit Application Process

Other Requirements

A report from a Qualified Tree Expert may be required as a condition of permit approval, but is not required for the initial permit application.

Note: If any part of the tree trunk or root flare at ground level is located on adjacent property, the adjacent property owner must also provide permission for the application as per the Forestry Act. If this is the case, please complete and submit the printable application form, ensuring the adjacent owner signs Page 2 of the application where required.

By-law Exemptions

The By-law does not apply to:

• Activities and matters exempted under Subsection 135(12) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended;

• Woodlands and Woodlots (as per By-law definitions). Trees in woodlots and woodlands are covered by York Region's Forest Conservation By-law. 

• Any activities performed by the City or a City contractor with authorization from the City; or

• The injury or destruction of the following:

1. 1. A Tree subject to an order permitting its Injury or Destruction under Property Standards By-law 2017-26, as amended;

   2. A Tree on private property that is in an indoor courtyard or in a solarium, excluding rooftops of parking garages or other substructures below or at grade; and

   3. A Tree on a Nursery or cultivated orchard, provided that it is a Tree devoted to the Nursery or orchard business and maintained for sale or propagation of Trees or fruits for sale.

Contact Information

For more information contact Markham's Contact Centre at 905-477-5530 or customerservice@markham.ca.

Related Information

• Tree Care
• Emerald Ash Borer
• Spongy Moth

Related Documents

• Tree Preservation By-law 2023-164
• Tree Preservation By-law Common Terms
• Licensing, Permit, and Service Fees By-law 2012-137
• Property Standards By-law 2017-26

Links

• Canadian Food Inspection Agency (Forestry)
• Municipal Act
  
• Species at Risk Act
  

By-law Enforcement Service Delivery Review Final Report Jan 2023