2018-6 By-Law Prevention and Control of Wildland Fires — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot f8b712b51229 · verified 2026-06-09 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## HAMIOTA MUNICIPALITY BY-LAW NO. 6/2018 Being a By-law of the Hamiota Municipality for the Prevention and the control of wildland fires. WHEREAS it is deemed expedient and advisable to pass a By-law to provide generally for the brotection of life and property from damages by fire and to regulate burning within Hamiota Municipality. WHEREAS Section 232 (1) of The Municipal Act provides that a Council may pass By-laws for municipal purposes respecting the following matters pertaining to: - (a) The safety, health, protection and well being of people from fire - (b) The safety and protection of property from fire - (c) Implementing various programs and or laws for fire prevention purposes - (d) Implementing various programs for the purposes of fire suppression - (e) Enforcement of any provincial or municipal statues as they may apply NOW THEREFORE the Council of Hamiota Municipality in session assembled enacts as follows; ## 1. Responsibilities - 1.1. All burning within the municipality shall be subject to the conditions and provisions of The Wildfires Act, and the Manitoba Crop Burning Residue Burning Regulation - MR 77/93. - 1.2. AUTHORIZATION to conduct Outdoor Fire burning does not exempt or excuse a person from the responsibility, consequences, damages, or injuries resulting from the authorized burning and does not excuse a person from complying with other applicable laws, ordinances or regulations. - 1.2.1. Any Outdoor Fire shall be supervised by the owner or occupier of the land or a person authorized by the owner or occupier of the land. - 1.2.2. No person shall start an Outdoor Fire on any land without taking sufficient precautions that are reasonably necessary to protect persons and the property of others from the fire. - 1.2.3. No person shall start an Outdoor Fire unless all precautions are taken to ensure that the fire can be kept under control, or when weather conditions are conducive to a fire burning out of control. - 1.2.4. No person shall cause an Outdoor Fire to be started in order to guard property; clear land or burn debris; burn crop, stubble or grass; unless the land on which the fire is started is completely surrounded by a fire guard consisting of: - 1.2.4.1. the fire a strip of land free of flammable material, or of sufficient width to control - 1.2.4.2. by natural or man-made barriers, water, or - 1.2.4.3. by a combination of 1.2.4.1 and 1.2.4.2. - 1.2.5. The smoke from an Outdoor Fire shall not pose unreasonable hazard to the health of any person or reduce the visibility on any road or highway. - 1.2.6. A sufficient water supply and means of fire suppression capable of extinguishing the Outdoor Fire based on its fuel loading and size shall be available on site. - 1.2.7. All fires must be extinguished when unsupervised  ## 2. Burning Ban - 2.1. The municipality may, if jointly requested by the Fire Department and Hamiota Municipality, institute a temporary ban, if conditions exist where, in the opinion of the municipality and fire department, fires are of extremely high risk, and such a ban would prevent wildfires from occurring. The two levels of bans are: - 2.1.1. ban lighting or burning of trash, refuse, grass, agricultural or yard wastes; OR - 2.1.2. ban ALL BURNING (including fires contained within fire pits and solid fuel burning appliances ## 3. Offence and Penalty - 3.1. It is an offense to contravene any provisions of this By-law. Any conviction of an offence is subject to a penalty of $ 1,000. - 3.2. Where a person is in contravention under this By-law, in addition to imposing a fine, the municipality is entitled to be reimbursed by the person(s) for costs incurred by the municipality in fire protection and suppression operations that were undertaken as a result of the person(s) acts or omissions that resulted in the costs to be incurred. DONE AND PASSED in open Council assembled at the Council Chambers of Hamiota Municipality, in the Province of Manitoba this 2018.   MAYOR Raey leban Tash Ut CHIEF ADMINISTRATIVE OFFICER day of September 2018. lay of Septembe day of Septembe 2018. 2018.