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Temporary Patio Requirements

In response to the Province of Manitoba's Restoring Safe Services plan the City of Winnipeg is offering an expedited process to allow for restaurants and licensed manufacturers with tasting rooms (breweries, micro distilleries, etc.) to establish temporary patio spaces. The temporary patios must comply with the safety requirements outlined in the applicable Temporary Patio Registration Form, and will be allowed to operate without permit during the following seasons if registered with the City:

  • November 1, 2021 – March 31, 2022 (winter patios)
  • April 1, 2022 – October 31, 2022 (summer patios)
  • November 1, 2022 – March 31, 2023 (winter patios)

Please Note: Seasonal temporary patio approvals do not transfer to the next season and expire when the season ends. Businesses will need to review the requirements for the next temporary patio season and submit a new registration to participate.

If you cannot comply with the temporary patio requirements and/or would like to operate a patio long-term past March 31, 2023, you can apply for an annual patio by following the City of Winnipeg patio permit process. Refer to the Application Steps for a Sidewalk and On-Street Patio brochure for details on establishing a patio in the Right of Way, or email ppd-permit@winnipeg.ca to discuss site specific requirements for establishing a patio on private property.

 

Registration Process

Note: Please consult Manitoba Health in advance at healthprotection@gov.mb.ca to determine the maximum capacity that will be permitted to satisfy health and liquor requirements.

Summer Patios:

  1. Complete the Temporary Summer Patio Registration Form
  2. Email the completed Registration Form to the Zoning & Permits Branch at ppd-permit@winnipeg.ca, with "Temporary Patio Registration" in the subject line.
  3. Open your patio. If you intend to serve alcohol you must contact the Liquor, Gaming and Cannabis Authority prior to commencing service.
  4. If the patio is in the Public Right of Way, provide a Certificate of Insurance to the City of Winnipeg Risk Management Division within 5 business days of registration. Refer to the Registration Form Appendix for details.

Winter Patios:

  1. Complete the Temporary Winter Patio Registration Form
  2. Prepare your supporting documentation for review and approval. Note that hand drawings are acceptable and an Engineer/Architect is not required. Refer to the Registration Form for document requirements.
  3. Email the completed Registration Form and supporting documentation to the Zoning & Permits Branch at ppd-permit@winnipeg.ca
  4. Your application will be reviewed by a technical advisory committee and you will be contacted within 2 business days regarding the status of approval.
  5. Once approved, open your patio. If you intend to serve alcohol you must contact the Liquor, Gaming and Cannabis Authority prior to commencing service.
  6. If the patio is in the Public Right of Way, provide a Certificate of Insurance to the City of Winnipeg Risk Management Division within 5 business days of approval. Refer to the Registration Form Appendix for details.

All temporary summer patios must comply with the following general safety guidelines, which can also be found on the Temporary Summer Patio Registration Form.

General Safety Requirements:

  1. Patio must be open air - no tents/structures/canopies.
  2. Patios with 60 persons or less shall be provided with one or more means of egress (minimum of one – 3'- 0" (900mm) opening or swing gate).
  3. Patios with greater than 60 persons, shall provide two remote means of egress (minimum of two – 3'-0" (900mm) openings or swing gates that open out from the patio).
  4. A fence surrounding the patio is required if alcohol is being served.
  5. Fences must be secured without damaging or drilling into the sidewalk, roadway or curb.
  6. Patio umbrellas, planter boxes, signs, sandwich boards, etc. must not overhang or extend beyond the fenced area.
  7. A clear path of pedestrian travel of 5'-0" (1.5 m) min. must be maintained on the sidewalk.
  8. Patio must be 19'-8" (6 m) back from a bus stop if any.
  9. Patio must not extend in front of adjacent tenant spaces.
  10. There must be access to a fire extinguisher inside or outside the building, and 3'-3" (1 m) clearance for the fire department connection.
  11. The organization of tables, seating and access must accommodate a wheelchair.
  12. Fence and all furniture within the patio must be equal to or less than 3'-3" (1 m) in height. Should you wish to propose a taller fence height, please submit an elevation of the design, with dimensions for review and approval.
  13. Business name and logo may appear on fencing, but other banners and signs are generally prohibited.
  14. The size of patio should be limited as necessary to minimize disturbance where there are nearby residential dwellings. Sound levels are not to exceed 60d Ba.
  15. All cooking must take place inside within the licensed area.
  16. No open-air fires (bonfires, no solid fuel permitted) allowed within the patio, however enclosed gas radiant heaters can be used as per manufacturer's instructions.
  17. The patio area shall be set back from the face of the curb by a minimum of 1'-8" (0.5m).
  18. In an emergency maintenance/repair situation the patio elements will be removed by others to allow for the maintenance/repair activities. In a non-emergency maintenance/repair situation notice will be provided to the applicant to have the patio elements removed to allow for the maintenance/repair activities.
  19. Continued use and maintenance of the temporary patio must be adhered to. Inactive use of patio must not exceed 30 days or registration is considered cancelled. If registration is cancelled, the patio must be removed within 5 business days, from the day of cancellation.

Additional Safety Requirements for Patios in the Right of Way:

  1. Patios are not permitted on two-lane roads.
  2. Patios in the curb lane are only permitted in locations where parking is allowed at all times of day. Locations like Portage Avenue where parking is prohibited during peak periods are not permitted.
  3. Patios cannot encroach into existing loading zones.
  4. Patios cannot be located on streets with a speed limit over 50 km/h.
  5. Patios cannot be within 29'-7" (9m) upstream of stop signs, traffic signals.
  6. Patios cannot be within 9'-10" (3m) of an intersection.
  7. A post with a hazard marker sign must be added to the outside corner of the patio facing oncoming traffic. The hazard marker sign (reference WA-36R from the Manual of Uniform Traffic Control Devices for Canada) should face traffic approaching the patio and be located on the post such that the bottom edge of the sign is no more than 3'-3" (1.0 m) above the boardwalk.
  8. The side of the patio adjacent to traffic must end a minimum 3'-3" (1.0m) from the edge of the adjacent travel lane.
  9. The top of the patio must be level with the top of the curb where pedestrians cross back and forth from the patio to the sidewalk/boulevard.
  10. A fence with a height equal to 3'-3" (1.0m) must separate the patio from the roadway.

All temporary winter patios must comply with the following safety guidelines, which can also be found on the Temporary Winter Patio Registration Form.

General Safety Requirements:

  1. Patio must be open air - no tents/structures/canopies (unless a tent is otherwise reviewed and approved under the temporary winter patio program. Refer to the Additional Safety Requirements for Winter Patios with Temporary Tents).
  2. Patios with 60 persons or less shall be provided with one or more means of egress (minimum of one – 3'- 0" (900mm) opening or swing gate).
  3. Patios with greater than 60 persons, shall provide two remote means of egress (minimum of two – 3'-0" (900mm) openings or swing gates that open out from the patio).
  4. A fence surrounding the patio is required if alcohol is being served.
  5. Fences must be secured without damaging or drilling into the sidewalk, roadway or curb.
  6. Patio umbrellas, planter boxes, signs, sandwich boards, etc. must not overhang or extend beyond the fenced area.
  7. Patio must be 19'-8" (6 m) back from a bus stop if any.
  8. Patio must not extend in front of adjacent tenant spaces.
  9. There must be access to a fire extinguisher inside or outside the building, and 3'-3" (1 m) clearance for the fire department connection.
  10. The organization of tables, seating and access must accommodate a wheelchair.
  11. Fence and all furniture within the patio must be equal to or less than 3'-3" (1 m) in height
  12. Business name and logo may appear on fencing, but other banners and signs are generally prohibited.
  13. The size of patio should be limited as necessary to minimize disturbance where there are nearby residential dwellings. Sound levels are not to exceed 60d Ba.
  14. All cooking must take place inside within the licensed area.
  15. No open-air fires (bonfires, no solid fuel permitted) allowed within the patio, however enclosed gas radiant heaters can be used as per manufacturer's instructions.
  16. The patio area shall be set back from the face of the curb by a minimum of 1'-8" (0.5m).
  17. In an emergency maintenance/repair situation the patio elements will be removed by others to allow for the maintenance/repair activities. In a non-emergency maintenance/repair situation notice will be provided to the applicant to have the patio elements removed to allow for the maintenance/repair activities.
  18. Propane or electric heaters are acceptable. If using propane in a tent, additional safety requirements apply. Refer to the additional winter safety requirements for temporary patio tents for details.
  19. Propane shall be stored outdoors at all times, as per CAN/CSA – B149.2 Propane Storage and Handling Code requirements. Contact Fire Prevention at 204-986-8200 for further details.
  20. If using electric heat, the heater should be used as per manufacturer's instructions and maintained in an area one meter from combustible material. Electric heaters should not present a trip hazard and should be plugged directly into the source or into an extension cord that is rated for the appliance and approved by ULC or CSA.
  21. Electrical cables on the ground shall be placed in trenches or protected by covers to prevent damage by traffic.
  22. Heaters must be placed 5'-0" (1.524 m) from any combustible material.
  23. Shelter/tent material shall meet CAN/ULC S109 and NFPA 705 (formerly NFPA 701) “Flame Tests of Flame Resistant Fabrics and Films".
  24. Shelter material must be transparent/translucent.
  25. Business name and logo may appear on shelter material, but other banners and signs are generally prohibited.
  26. Winter patios must be a minimum of 4'-3" (1.3 m) to approaches to allow for snow clearing.
  27. A clear path of pedestrian travel of 7'-2" (2.2 m) min. must be maintained on the sidewalk for snow clearing.
  28. The patio area shall be set back from the face of the curb by a minimum of 4'-11" (1.5m) for storage of snow.
  29. Building owner must remove snow from around the patio perimeter.
  30. Building owner must maintain a safe walking surface free of snow by mechanical removal and use of abrasives.
  31. Building owner is responsible for the removal of windrows at patio entrances and exits resulting from sidewalk snow clearing by the City.
  32. Wind barriers must be equal to or less than 6'-0" (1.8 m) in height.
  33. Awnings must be a minimum height of (2.5 m - 98.5") above the ground.
  34. Building owner must regularly inspect and remove accumulated snow from awnings or overhead tent surfaces to prevent stress on the structure.
  35. According to Manitoba Health, the construction of any tent or other structure (such as an awning/wind barrier) would be considered an enclosed public space or indoor workplace if more than 25% of its total floor area is covered from above by a roof canopy or other physical barrier that is capable of excluding rain; and more than 50% of its perimeter is more than 50% enclosed. For more information on what constitutes an enclosed public space please refer to the Non-Smokers Health Protection and Vapour Products Act: (C.C.S.M. c. N92) Sect 4(1) –(5) web2.gov.mb.ca/laws/regs/current/_pdf-regs.php?reg=174/2004
  36. Continued use and maintenance of the temporary patio must be adhered to. Inactive use of patio must not exceed 30 days or registration is considered cancelled. If registration is cancelled, the patio must be removed within 5 business days, from the day of cancellation.

Additional Safety Requirements for Patios in the Right of Way:

  1. Patios are not permitted on two-lane roads.
  2. Patios in the curb lane are only permitted in locations where parking is allowed at all times of day. Locations like Portage Avenue where parking is prohibited during peak periods are not permitted.
  3. Patios cannot encroach into existing loading zones.
  4. Patios cannot be located on streets with a speed limit over 50 km/h.
  5. Patios cannot be within 29'-7" (9m) upstream of stop signs, traffic signals.
  6. Patios cannot be within 9'-10" (3m) of an intersection.
  7. A post with a hazard marker sign must be added to the outside corner of the patio facing oncoming traffic. The hazard marker sign (reference WA-36R from the Manual of Uniform Traffic Control Devices for Canada) should face traffic approaching the patio and be located on the post such that the bottom edge of the sign is no more than 3'-3" (1.0 m) above the boardwalk.
  8. The side of the patio adjacent to traffic must end a minimum 3'-3" (1.0m) from the edge of the adjacent travel lane.
  9. The top of the patio must be level with the top of the curb where pedestrians cross back and forth from the patio to the sidewalk/boulevard.
  10. A fence with a height equal to 3'-3" (1.0m) must separate the patio from the roadway. Note that winterized patios allow for taller wind barriers. Refer to winter patio safety requirements for details.

Additional Safety Requirements for Winter Patios with Temporary Tents (including domes):

  1. Tents must be 900 sq. ft. or less. If grouped [i.e. less than 6'-0" (1.8 m) apart, the tent area will be measured cumulatively. Tents greater than 900 sq. ft. must apply for a special event permit by completing the Commercial Alterations Design Summary application form.
  2. Radiant heaters cannot be used inside of tents.
  3.  Location and use of fuel fired heating equipment requires the approval of the Department of Labour 204-945-3373. All fuel sources shall be located outside the tent.
  4. Tents shall have one (1) side open or shall be provided with at least one (1) exit. Note: Tents with an occupant load of more than 60 persons shall be provided with two (2) exits that swing out. Exits cannot swing into the right of way.
  5. Minimum size of an exit shall be 2'-8" x 6'-8" (810 mm x 2030 mm). Note: The total required width of exits shall be based on 6.1 mm/person.
  6. Where more than one (1) exit is required, exits shall be placed remotely and separated by a distance of not less than one-half the diagonal dimension of the floor area.
  7. If the occupant load of the tent exceeds 60 persons and the tent is illuminated by electric lighting, then emergency lighting must be provided for the main exit routes and aisleways.
  8. If the occupancy load of the tent exceeds 60 persons or if the lighting levels are below that which would provide easy identification of the exits, then exit signs must be provided over all exit doors. The exit signs must be illuminated continuously while the tent is occupied. Exit sign illumination may be from either inside or outside of the sign.
  9. Tents shall not be erected closer than 10'-0" (3 m) to other structures on the same property, and must not be erected closer than 6'-0" (1.8 m) to each other.
  10. The ground enclosed by a tent for not less than 10'-0" (3 m) outside of such structure shall be cleared of all flammable materials.
  11. Electrical cables on the ground, in areas used by the public in a tent, shall be placed in trenches or protected by covers to prevent damage by traffic.
  12. Each tent shall be provided with a minimum of one - Type 2A10 BC (Dry Chemical) extinguisher.
  13. 58. Smoking and open flame devices shall not be permitted in a tent while occupied by the public. Post "NO SMOKING" signs.
  14. Tent material shall conform to CAN/ULC-S109, 'Flame Tests of Flame-Resistant Fabrics and Films' while domes shall conform to CAN/ULC-S-102 'Test for Surface Burning Characteristics of Building Materials and Surfaces' or proven equivalent.

Currently, there are no applicable City fees or charges for temporary summer or winter patios.

You are not required to call for inspections; however, the City may conduct audit inspections of patios to ensure compliance with the general safety requirements outlined in the Registration Form.

You are not required to request an Occupancy Permit; however, you are required to comply with the Provincial social distancing guidelines.

If you require an Occupancy Permit to obtain a Liquor License, the Liquor, Gaming and Cannabis Authority of Manitoba will be notified of the registration of your patio in lieu of an Occupancy Permit.

Should you wish to operate your patio on an annual basis, please refer to the Application Steps for a Sidewalk and On-Street Patio brochure for details on establishing a patio in the Right of Way, or email ppd-permit@winnipeg.ca to discuss site specific requirements for establishing a patio on private property. Note that annual patios operate from April 1 - October 31.

The list of registered temporary patios will be updated regularly, as applications are approved.

Questions

We're here to help. Please contact the Zoning & Permits Branch if you have any questions.

 

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