Our patio program is for restaurant operators who want to renew their patio agreement, create a new temporary or permanent outdoor patio, or expand the footprint of an existing patio on public or private property.

On this page:

  1. Before you apply
  2. Patios on public property
  3. Insurance for patios on public property
  4. Patios on private property
  5. Fees
  6. Staff contacts

Before you apply

There are two types of patios in Kitchener:

  • public property: a patio that encroaches on a city sidewalk or other city property
  • private property: a patio that does not encroach on a city sidewalk or other city property

Each type of patio has a different application process.

Depending on your type of patio, you will need to prepare documents to include in your application. The required documents for each type of patio are listed on this page.

Patios on public property

A patio on public property is a patio that encroaches on a city sidewalk or other city property.

Renewals

If you were a part of our patio expansion program in 2022 or earlier and are still using the same plans, you can renew your patio agreement online.

You must include these documents in your renewal application:

  • liquor licence (if applicable)
  • your insurance company or broker must complete a 2023 Standard Certificate of Insurance (for alcohol or not with alcohol)

Renew your patio agreement

New applications and expansions

If you want to temporarily create a new outdoor patio or expand an existing patio on city property, you must request approval through our patio program. You must also apply for a building permit.

You must include these documents in your application:

  • liquor licence (if applicable)
  • a plan that identifies the location, boundary and footprint of your patio
  • diagram of your patio
  • your insurance company or broker must complete a Standard Certificate of Insurance (for alcohol or not with alcohol)

Apply for a new or expanded patio

Insurance for patios on public property

Certificates of Insurance are required for every application (new or renewal) requesting the use of public space. Patios on private property do not need to submit their insurance documents but are fully liable for insuring their property and business.

Liability insurance coverage levels will vary depending on whether the patio is licensed to serve alcohol (AGCO Licensed Premise) or the patio is an unlicensed outdoor space. 

Insurance requirements

  • patios located on city property must name The Corporation of the City of Kitchener as additionally insured
  • patios that extend onto a regional road within the boundaries of the City of Kitchener must name the Regional Municipality of Waterloo as an additional insured, as well as the City of Kitchener
  • the insurer must be licensed to conduct business within the province of Ontario
  • if there is a deductible, it must be $100,000 or less (and shown on the certificate)
  • if the deductible is higher than $100,000, it will require approval from the City of Kitchener’s risk management staff
  • the policy must contain (and must be shown on certificate):
    • coverage for bodily injury and property damage liability
    • a liquor liability endorsement (only for licensed establishments)
    • products and completed operations liability
    • personal injury liability
    • advertiser’s liability
    • cross liability endorsement
    • severability of interests provision
    • 30-day notice of cancellation in the event of cancellation, lapse, non-renewal, expiration or material change in the policy (10 days if cancellation for non-payment of premiums) must be provided to the City of Kitchener
    • all coverages outlined above must extend beyond the applicant’s premises to include the patio extension onto municipal property, which must be reflected on the COI

Unlicensed patios

Patios not serving alcohol (“unlicensed patios”) must be insured with general liability with limits of $2 million or more.

If there is an aggregate limit, it must be double the minimum occurrence limit. For unlicensed patios with $2 million general liability, aggregate coverage must be $4 million or higher.

Download the Unlicensed Patio - Standard Certificate of Insurance

Licensed patios

Patios serving alcohol (“licensed patios”) must be insured with general liability with limits of $5 million or more.

If there is an aggregate limit, it must be double the minimum occurrence limit For licensed patios with $5 million general liability, aggregate coverage must be $10 million or higher.

Download the Licensed Patio - Standard Certificate of Insurance

Group insurance

We recognize that some insurers may not extend coverage onto public property and have arranged group insurance specific to patio encroachments onto public property through IRC (InstantRiskCoverage).

Patios on private property

A patio on private property is a patio that does not encroach on a city sidewalk or other city property.

Renewals

If you’re renewing a patio that is entirely on private property, our licensing division will send you a renewal notice. Send us an email if you have any questions about this process.

New applications

If you want to build a new (temporary or permanent) patio on private property, you must apply for a building permit. 

Fees

The fee for a first-time patio application is $312, including HST, and is only paid in the first year you set up your temporary patio.

If your patio is on public property, encroachment fees are also due annually. For patios on public property, the patio encroachment fees for 2023 are:

  • patios with 12 or fewer seats: $156, including HST
  • patios with 13 or more seats: $312, including HST
  • amendment to existing patio agreement (if required): $150, including HST

If your temporary patio is on private property, you do not need to pay encroachment fees.

Staff contacts

If you have any questions, contact: