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Bylaw No.17-2025:Fire Protection Services
Town of Smoky Lake
BYLAW NO.17-2025
OF THE TOWN OF SMOKY LAKE
IN THE PROVINCE OF ALBERTA
A BYLAW OF THE TOWN OF SMOKY LAKE IN THE PROVINCE OF ALBERTA, FOR THE PURPOSE OF
PROVIDING FOR THE ESTABLISHMENT OF FIRE PROTECTION SERVICES FEES.
WHEREAS the Council of The Town of Smoky Lake wishes to establish and maintain a viable fire service within
the Municipality, and to provide for the efficient operation of such a fire service, all pursuant to the laws of the
Province of Alberta.
AND WHEREAS, the Council of The Town of Smoky Lake wishes to regulate the use and setting of fires;
NOW THEREFORE the Council of the Town of Smoky Lake, in the Province of Alberta, duly assembled, enacts
as follows:
1. SHORT TITLE
1.1 This Bylaw shall be cited as the "Fire Protection Services Fees Bylaw"
2. DEFINITIONS
2.1 In this Bylaw:
2.1.1 "Apparatus" means any vehicle provided with machinery, devices, Equipment or materials
for firefighting, as well as any vehicles used for transporting firefighters or supplies;
2.1.2 "CAO" means the Town of Smoky Lake Chief Administrative Officer;
2.1.3 "Council" means the Council of the Town of Smoky Lake;
2.1.4 "Equipment" means any tools, contrivances, devices or materials used by the Fire
Department to combat an Incident or other emergency;
2.1.5 "Fire" means any combustible material in a state of combustion;
2.1.6 "Fire Chief" means the Member appointed as head of the Fire Department;
2.1.7 "Fire Department" means the Department established by this Bylaw and includes any
person duly appointed to the Fire Department by Council or the Fire Chief;
2.1.8 "Fire Department Property" means all Property owned or controlled by the Municipality and
designated for use by the Fire Department, regardless of the source of the Property;
2.1.9 "Fire Permit" means a document issued by Council pursuant to this Bylaw, on the form
adopted by the Municipality from time to time;
2.1.10 "Fire Protection" means all aspects of Fire safety, including but not limited to, Fire
prevention, firefighting or suppression, pre-Fire planning, Fire inspection, Fire
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Bylaw No.17-2025:Fire Protection Services
Town of Smoky Lake
investigation, public education and information, training or other staff development,
advising, and responding to a request for Fire Protection (including legitimate emergencies
and False Alarms):
2.1.11 "Fire Protection Charge" means any or all costs incurred by the Fire Department in
providing Fire Protection:
2.1.13 "Member" means any person that is a duly appointed Member of the Fire Department,
and includes the Fire Chief;
2.1.14 "Municipality" means the Town of Smoky Lake;
2.1.15 "Negligent Fire" means failure to exercise reasonable care and attention leading to the
ignition of a fire.
2.1.16 "Officer" means a Member appointed as the Fire Chief or a Deputy Chief and includes the
CAO;
2.1.17 "Outdoor Fire" mean any Fire not contained within a building or structure;
2.1.18 "Property" means any real or personal Property, which, without limiting the generality of
the foregoing, includes land and structures:
2.1.19 "Running Fire" means a Fire burning without being under proper or any control of any
person;
2.1.21 "Structure Fire" means a Fire confined to and within any building, structure, machine or
vehicle which will or is likely to cause the destruction of or damage to such building,
structure, machine or vehicle, excluding an Incinerator Fire;
2.1.22 "Wildfire" means a Fire burning not under the control of any one person over crown land;
will be treated in a similar fashion;
3. FIRE PROTECTION CHARGES
3.1
Upon providing Fire Protection on Property within the Municipality's boundaries for Insurable and
Negligent Fires, the Municipality will send an invoice for Fire Protection charges to:
3.1.1
the person causing or contributing to the Fire; or
3.1.2
the owner or occupant of the Property.
The CAO shall determine when Fire Protection charges are to be levied for Fire response as per
Schedule "A": Fire Protection Charges.
3.2
A Fire Protection Charge shall be paid within sixty (60) days of being levied.
3.3
Collection of unpaid Fire Protection Charges may be undertaken by civil action in a court of
competent jurisdiction, and any civil action does not invalidate any lien which the Municipality is
entitled to on the Property in respect of which the indebtedness is incurred.
3.4
The owner of a parcel to which Fire Protection is provided is liable for Fire Protection Charges
incurred, and the Municipality may add to the tax roll of a parcel of land all unpaid Fire Protection
Charges.
3.5
Charges for incidents involving a motor vehicle, or motor vehicles, on provincial highways, as well
as fires on the provincial rights-of-way may be charged to Alberta Transportation at the hourly rate
set from time to time by Alberta Transportation.
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Bylaw No.17-2025:Fire Protection Services
Town of Smoky Lake
3.6
Charges for incidents involving a motor vehicle or motor vehicles within the Municipality, other
than on a primary highway, may be charged to the insurance company that has an insurance
policy covering the motor vehicle or motor vehicles.
4. FIRE PERMITS
4.1
A Fire Permit is not required within the Town.
4.2
Outdoor Firepits must adhere to the Community Standards Bylaw.
5. ENFORCEMENT
5.1
Where a Property does not comply with this Bylaw or a person contravenes this Bylaw, the
Municipality may pursue its enforcement alternatives in accordance with any Act, or common law
right, including issuance of an order to remedy contraventions, remedying interventions by the
Municipality, adding amounts to the tax roll, and pursuing injunctions pursuant to the Municipal
Government Act.
6. APPEAL
6.1
A person who received a written order under this bylaw may request Council to review the order
by delivering a written request on a completed form attached to their written notice to the CAO
within fourteen (30) days of the date the order is received. The order shall be deemed received
within five (5) days of mailing.
6.2
After reviewing the order, Council may confirm, vary, substitute, or cancel the order.
7. INTERFERENCE WITH DUTIES
7.1
No person shall obstruct the Administration, Fire Chief, Member, Municipal Representative, or
Officer from performing duties under this Bylaw.
8. OFFENCES
8.1
No person shall:
8.1.1
Impede, obstruct or hinder a Member of the Fire Department, or other person assisting or
acting under the direction of the Fire Chief or the Member in charge at any Incident.
8.1.2
Damage or destroy Fire Department Apparatus or Equipment.
8.1.3
At an Incident, drive a vehicle over any Apparatus or Equipment without permission of the
Fire Chief or the Member in charge.
8.1.4
At an Incident, enter the boundaries or limits of an as set by the Fire Chief or Member in
charge, unless they have been authorized to enter by the Fire Chief or the Member in
charge.
8.1.5
Falsely represent themselves as a Member or wear or display any Fire Department
badge, cap, button, insignia, or other paraphernalia for the purpose of such false
representation.
8.1.6
Obstruct or otherwise interfere with access roads or streets or other approaches to any
Fire alarm, Fire hydrant, cistern, or body of water designated for fire-fighting purposes or
any connections provided to a Fire main, pipe, standpipe, sprinkler system, cistern, or
other body of water designated for Fire -fighting purposes.
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Bylaw No.17-2025:Fire Protection Services
Town of Smoky Lake
8.1.7
Light any Fire including an Outdoor Fire that does not follow the restrictions in the
Community Standards Bylaw.
8.1.8
Either directly, or indirectly, personally or through an agent, servant, or employee kindle
a Fire or let it become a Running Fire or Wildfire on any land or allow a Running Fire or
Wildfire to pass from his or her own Property to the Property of another.
8.1.9
Light a Fire without first taking sufficient precautions to ensure that the Fire can be kept
under control at all times.
8.1.10 Light a Fire when the weather conditions are conducive to creating a Running Fire or
Wildfire.
8.1.11 Fail to take reasonable steps to control a Fire for the purpose of preventing it from
becoming a Running Fire or Wildfire or from spreading onto Property other than his or her
own.
8.1.12 Light fireworks when and/or where prohibited.
8.1.13 Deposit, discard, or leave any burning matter or substance where it might ignite other
materials and cause a Fire.
8.1.14 Conduct any activity that involves the use of Fire that might reasonably be expected to
cause a Fire unless that person exercises reasonable care to prevent the Fire from
occurring.
8.1.15 Use a Fire to burn any material other than seasoned wood intended for recreational
purposes
8.1.16 Conduct any activity that involves the use of a Fire, where smoke from the Fire will impede
the visibility of the vehicular traffic and pedestrian traffic on any Highway as defined in the
Traffic Safety Act R.S.A. 2000 c. T-6.
8.1.17 Light a Fire or burn any material contrary to federal, provincial, or municipal legislation or
regulations.
8.1.18 Use a Fire to burn any waste which results from the operation of a household or
commercial business or occupation and shall include, without restricting the foregoing,
paper, rags, lawn and hedge clippings, packaging materials, waste from the preparation
of food, and manure.
9. PENALTIES
Except as otherwise provided herein,
9.1
Any person who:
i. violates any provision of this Bylaw.
ii. suffers or permits any act or thing to be done in contravention of or in violation
of any provision of this Bylaw.
iii. neglects to do or refrains from doing anything required to be done by the
provisions of this Bylaw; or
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Bylaw No.17-2025:Fire Protection Services
Town of Smoky Lake
iv. does any act or thing or omits any act or thing, thus violating any provisions of
this Bylaw; is guilty of an offence under this Bylaw.
9.2
Every person who contravenes any provision of this bylaw, as enumerated in Schedule
"B": Penalty Fees herein, is guilty of an offence and shall be liable upon summary
conviction to the penalty specified therein for such offence.
9.3
No person found guilty of an offence pursuant to this Bylaw shall be liable to imprisonment.
10. VIOLATION TAGS
10.1
A Peace Officer or Bylaw Enforcement Officer is hereby authorized and empowered to
issue a Violation Tag to any person whom the Peace Officer or Bylaw Enforcement Officer
has reasonable ground to believe has contravened any provision of this Bylaw.
10.2
A Violation Tag may be served:
a) in the case of an individual:
i. by delivering it personally to the individual;
ii. by leaving it for the individual at the apparent place of residence with
someone who appears to be at least 18 years of age; or
iii by mail addressed to the individual at the apparent place of residence to any
address for the individual on the tax roll of the Town; and
b) in the case of a corporation:
i. by delivering it personally to any director or officer of the corporation;
ii. by delivering it personally to a person apparently in charge of an office of the
corporation at an address held out by the corporation; or
iii. by mail addressed to the registered office of the corporation.
10.3
A Violation Tag issued pursuant to this bylaw shall be in a form approved by the CAO
and shall state:
i. the name of the person to whom the Violation Tag is issued;
ii. a description of the Property upon which the offence has been committed, if
applicable;
iii. a description of the offence and the applicable Bylaw section;
iv. the appropriate penalty for the offence as specified in Schedule "B" of this
Bylaw;
v. the time period in which the specified penalty must be paid in order to avoid
prosecution for the alleged offence; and
vi. any other information as may be required by the CAO.
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Bylaw No.17-2025:Fire Protection Services
Town of Smoky Lake
10.4
Where a Violation Tag has been issued pursuant to this Bylaw, the person to whom the
Violation Tag has been issued may, in lieu of being prosecuted for the offence, pay to
the Town, the penalty specified on the Violation Tag.
10.5
Nothing in this Bylaw shall prevent a Peace Officer or Bylaw Enforcement Officer from
immediately issuing a Violation Ticket.
11. VIOLATION TICKETS
11.1
In those cases where a Violation Tag has been issued, and if the penalty is not paid within
the prescribed time period, a Peace Officer or Bylaw Enforcement Officer is hereby
authorized and empowered to issue a Violation Ticket pursuant to Part II of the Provincial
Offences Procedure Act, to any person whom the Peace Officer or Bylaw Enforcement
Officer has reasonable grounds to believe has contravened any provision of this bylaw.
11.2
Notwithstanding the foregoing provision of this bylaw, a Peace Officer or Bylaw
Enforcement Officer is hereby authorized and empowered to immediately issue a
Violation Ticket pursuant to Part II of the Provincial Offences Procedure Act, to any person
whom the Peace Officer or Bylaw Enforcement Officer has reasonable grounds to believe
has contravened any provision of this Bylaw.
11.3
A Violation Ticket issued with respect to a contravention of this bylaw shall be served on
the person responsible for the contravention in accordance with the Provincial Offences
Procedure Act.
12. MISCELLANEOUS
12.1
Nothing in this Bylaw shall be construed to give the Fire Department or the Fire Chief
control or authority respecting ambulance services.
13. SEVERABILITY
13.1
It is the intention of Council that each separate provision of this Bylaw shall be deemed
independent of all other provisions, and it is further the intention of Council that if any
provision of this Bylaw be declared invalid, that provision shall be deemed to be served
and all other provisions of Bylaw shall remain in force and effect.
14. REPEAL OF BYLAWS
14.1
The following Bylaws are hereby repealed upon the final passing of this Bylaw:
i. Bylaw No. 01-2025 Fire Protection Services Fees Bylaw
15. EFFECTIVE DATE
15.1
This Bylaw shall come into force and effect on the third and final reading.
READ a FIRST time this 23rd Day of June 2025.
READ a SECOND time this 23rd Day of June 2025.
READ a THIRD and FINAL time with the UNANIMOUS CONSENT OF ALL COUNCILLORS this 23rd Day
of June 2025.
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Bylaw No.17-2025:Fire Protection Services
Town of Smoky Lake
________________________
Amy Cherniwchan
Mayor
________________________
Crystal Bryks
Interim Chief Administrative Officer
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Bylaw No.17-2025:Fire Protection Services
Town of Smoky Lake
Schedule "A"
FIRE PROTECTION CHARGES
1. In consideration of all circumstances surrounding an Insurable or Negligent Fire, The Town shall
charge residents the following fees for fire calls:
Property and/or Vehicle Fires:
$400.00 per hour per Fire Apparatus.
Minimum charge is $400.00
2. Town of Smoky Lake will provide fire protection services assistance for neighboring jurisdictions that
have entered into a Mutual Fire Aid Agreement.
The following fees for fire services shall apply:
Fire Apparatus: Hourly rates will be negotiated by the Mutual Fire Aid agreement partners.
Construction Equipment: cost will be based on the current Alberta Road Builders & Heavy
Construction Rates. www.ARHCA.AB.CA
3. Town of Smoky Lake will provide fire protection services assistance for incidents involving a motor
vehicle, or motor vehicles, on Provincial highways, as well as fires on provincial rights-of-way may be
charged to Alberta Transportation at current rates determined by Alberta Transportations:
Type of Apparatus
Description
Ladder and Pumper
Trucks
-
Includes equipment costs, labour, and all materials.
-
These are specialized pieces of equipment specifically designed
and built to fight fires
Light and Medium
Vehicles
-
Used to transport manpower and equipment not covered
under the rate for ladder and pumper trucks.
-
Rescue vehicles must meet the equipment requirements
listed in Section 4, particularly Table 4.2.2, of NFPA 1901.
-
Light Rescue vehicles are permanently rigged and equipped
to do basic rescue tasks using hand and basic extrication
tools and medical aid equipment.
-
Medium rescue vehicles carry more equipment to handle regularly
occurring rescue tasks plus specialized rescue equipment.
Command Vehicles
- Vehicles to transport manpower to the incidents
3. Town of Smoky Lake will not respond to Mutual Fire Aid requests unless an agreement is executed
with the Smoky Lake Regional Rescue Services. The fee and costs for fire services shall be the same
as established within the Mutual Fire Aid Agreement.
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Bylaw No.17-2025:Fire Protection Services
Town of Smoky Lake
Schedule "B"
PENALTY FEES
SECTION
VIOLATION
PENALTY
12.1.1
Obstruct Member of the Fire Department
$ 250.00
12.1.2
Damage Fire Department Apparatus or
Equipment
$500.00 + Repair
/Replace Costs
12.1.3
Drive over Equipment
$ 100.00 + Repair
/Replace Costs
12.1.4
Enter restricted area
$ 100.0
12.1.5
Falsely representing Fire Department Member
$ 100.00
12.1.6
Obstructing Approaches to Fire-Fighting
Equipment
$ 150.00
12.1.7
Lighting a fire anyplace in Town that does not
adhere to the Community Standards Bylaw
$ 300.00
12.1.9
Allow a running fire or wildfire to occur on the
Property
$ 500.00
12.1.10
Failing to control a fire
$ 200.00
12.1.13
Lighting of fireworks when/where prohibited
$ 100.00
12.1.20
Use fire to burn refuse other than in an
incinerator
$ 100.00
Breach of any of the provisions of this Bylaw not specified in this
Schedule.
Not less than
$ 100.00
Not more than
$ 2,500.00
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Bylaw No.17-2025:Fire Protection Services
Town of Smoky Lake
Schedule "C"
APPEAL NOTICE
Appeal Notice must be mailed or delivered to the Town of Smoky Lake within 30 days the directive was
served to you.
Date: _________________
To: Chief Administrative Officer
Box 460
56 Wheatland Avenue
Smoky Lake, AB T0A 3C0
I am appealing the Directive received on ____________________, about ____________________________.
Date on notice
Property Address
Reasons for appeal:
_________________________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
(Use separate sheet if necessary)
_______________________________ ___________________________________
Name
Signature
_______________________________
_______________________________ Home# _________________________
_______________________________ Cell# ___________________________
Address
NOTE: Only appeals filed within the 30-day period will be heard by the Town of Smoky Lake Council.