Rural Municipality of St. Clements, Manitoba
· adopted 2022-02-08
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Snapshot ccd43fc87b7f · verified 2026-06-09 ·
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unofficial consolidation, the official version is held by the municipal clerk.
RURAL MUNICIPALITY OF ST. CLEMENTS
BY-LAW NO. 2-2022
BEING A BY-LAW OF THE RURAL MUNICIPALITY OF ST. CLEMENTS for the
prevention and the control of fires within the Rural Municipality of St. Clements.
WHEREAS sections 232 and 233 of The Municipal Act, L.M. 1996, c.58 Cap.
M225 provide in part as follows:
Spheres of Jurisdiction
232(1) A Council may pass by-laws for municipal purposes respecting the
following matters:
(a) The safety, health, protection and well being of people, and the
safety and protection of property;
(i) Preventing and fighting fires;
(j) The sale and use of firecrackers and other fireworks, the use of
rifles, guns, and other firearms, and the use of bows and arrows
and other devices;
Exercising by-law making powers
232(2) Without limiting the generality of subsection (1), a council may in a
by-law passed under this Division
(a) regulate or prohibit;
AND WHEREAS the Council of the Rural Municipality of St. Clements deems it
desirable and in the best interest of the Municipality to reduce the potential for
uncontrolled fires and to put in place controls for Controlled Fires;
AND WHEREAS the Council of the Rural Municipality of St. Clements deems it
desirable to regulate the use of Outdoor fire Pits and Outdoor Solid Fuel
Appliances;
NOW THEREFORE the Council of the Rural Municipality of St. Clements in
session duly assembled enacts as follows:
Short Title
1. This By-Law may be referred to as The Rural Municipality of St. Clements
Burning By-law.
Definitions:
2. Unless otherwise expressly provided or unless the context otherwise
requires, words and expressions in this By-Law have the same meaning
as the same words and expressions in The Municipal Act and the
following words are defined as follows:
(a) "Burn Barrel" means a metal container used to hold combustible or
flammable waste materials so that they can be ignited outdoors for
the purpose of disposal;
(b) "Emergency" means any occurrence or set of circumstances
involving actual or imminent trauma or property damage
necessitating immediate action;
(c) "Firework" means any article of the class of fireworks, that is
designed and prepared for the purpose of producing a visual show
or effect, whether or not preceded by, accompanied with or
followed by an explosion or audible sound and, without limitation of
the generality of the foregoing, includes the articles commonly
known and described as Roman candles, pinwheels and sparklers;
(d) "Firecracker" means a small explosive device primarily designed to
produce a large amount of noise, especially in the form of a loud
bang;
(e) "Municipality" means the Rural Municipality of St. Clements;
(f) "Occupant" means and includes an owner, lessee, tenant, sub-
tenant, under-tenant and respective assigns, heirs and legal
representative, and includes any person, business or corporation
exercising physical control or possession of real property or
premises with or without the consent of the owner;
(g) "Officer" means any designated officer, Fire Chief or other person
appointed and employed by the Municipality to administer and
enforce this by-law and preserve and maintain the public peace;
(h) "Outdoor Fire" a fire that is started outdoors including crop residue
burning, land clearing and grass burning, but does not include a fire
started in, and remains contained within, a fire pit or solid fuel
burning appliance.
(i) "Owner" means the person or persons or the corporation shown as
the registered owner of real property on the latest revised
assessment rolls of the Municipality;
(j) "Sky Lantern" means a small hot air balloon made of paper, with an
opening at the bottom where a small fire is suspended;
General Provision
3. No person unless specifically permitted through this by-law or an Authority
Having Jurisdiction, shall set or start an outdoor fire within the boundaries
of the Rural Municipality of St. Clements unless it is conducive to do so
and confirmation has been received from the Province of Manitoba
Department of Conservation.
Requirements for Fire Pits and or Outdoor Solid Fuel Appliances
4. Outdoor fire pits as well as outdoor solid fuel appliances may be
constructed and used, for recreational purposes only, providing that:
(a) The outdoor fire pit or outdoor solid fuel appliance shall be
enclosed on all sides and constructed of masonry, concrete, heavy
gauge metal or other noncombustible materials.
(b) The outdoor fire pit or solid fuel appliance shall be covered with a
noncombustible grate or mesh. If the outdoor fire pit or solid fuel
appliance is equipped with a chimney, it shall have a
noncombustible mesh or spark arrester installed.
(c) The outdoor fire pit or outdoor solid fuel appliance shall be located
on a flat, level and noncombustible base and clear of overhangs,
such as roofs, tree branches, or utility wires.
(d) A minimum clearance of 10 feet or 3 meters measured from the
nearest fire pit edge is maintained from any structures or any
combustibles (i.e. fences, trees, hydro poles) and property lines.
(e) Outdoor solid fuel appliances shall be installed to manufacturer's
specifications with any required distance to a structure or
combustible of at least 10 feet or 3 meters.
(f) When in use, the fire pit must be attended by a responsible adult
person until the fire has been fully extinguished.
(g) Fires in outdoor fire pits and outdoor solid fuel appliances are not
permitted under severe wind conditions or when atmosphere or
local circumstances make such fires a hazard.
(h) Only clean, dry wood or briquettes can be burned in outdoor fire
pits or outdoor solid fuel appliances. Fires cannot be used to burn
garbage, rubbish, previously painted or treated wood and any fuel
which when burned, may result in the release of dense smoke, or
offensive odors.
(i) A means of extinguishment such as a portable fire extinguisher or
garden hose shall be available on site. Fires must be extinguished
before leaving the site.
(j) Smoke from outdoor fire pits and outdoor solid fuel appliances shall
not impact on neighbouring properties by releasing offensive odors
that are annoying, unpleasant or a nuisance.
(k) All fires must be limited in size so the available firefighting
resources at hand may easily control them.
5. All burning within the municipality shall be subject to the conditions and
provisions of The Wildfires Act, and the Manitoba Crop Residue Burning
Regulation - MR 77/93, including but not limited to, the following condition;
(a) 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.
(b) 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.
(c) 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
(d) 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 or which the fire is started is completely surrounded by a
fire guard consisting of:
(i) a strip of land free of flammable material, or of sufficient width to
control the fire
(ii) by natural or man-made barriers, water, or
(iii) by a combination of (i) and (ii).
(e) 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.
(f) A sufficient water supply and means of fire suppression capable of
extinguishing the Outdoor Fire based on it fuel loading and size shall be
available on site.
(g) All fires must be extinguished when unsupervised.
6. Nothing in this By-Law permits or authorizes a person to use a fire pit in a
manner that creates a nuisance to any other person.
7. Nothing in this By-Law is intended to interfere with or prohibit the burning
of agricultural residue regulated by the Burning of Crop Residue
Regulation under The Environment Act.
8. If, in the opinion of the Fire Chief, it is not conductive to have an outdoor
fire, the Fire Chief can direct the fire to be extinguished.
Burning Ban
9. The Municipality may, by resolution, at their discretion, ban ALL
BURNING AND THE USE OF FIREWORKS, FIRECRACKERS AND OR
SKY LANTERNS (including an Outdoor Fire and fires contained within
fire pits and solid fuel burning appliances) in the Rural Municipality of St.
Clements if conditions exist where, in the opinion of the Municipality, fires
are of risk, and such a ban would prevent wildfires from occurring.
Responsibility for Prevention and Control of Fires
10. The Owner or Occupant in control of a property or premises is responsible
for Prevention and Control of Fires created by invitees, guests or other
persons on the property or premises in the same manner as the person
actually creating the fire unless the Owner or Occupant establishes that he
or she exercised due diligence in a bona fide effort to control and abate
such fires.
Enforcement and Fines
11.(1)Any person may allege a violation of this by-law by filing a written
complaint with an Officer in such form and with such particulars as the
Officer may from time to time require, and/or the Officer may investigate
based on his/her regular patrol of the Municipality.
11.(2) Where an Officer determines that a contravention of any provision of this
by-law has occurred, the Officer may commence enforcement
proceedings and issue and serve a notice of contravention and, if
required, an order to remedy a contravention pursuant to the Municipality's
General Enforcement By-law, as amended from time to time, and the
Municipality's enforcement policy and procedures.
11.(3) A person who receives an order to remedy a contravention may appeal
such order in accordance with the Municipality's General Enforcement By-
law, as amended from time to time, and the Municipality's enforcement
policy and procedures. Council's decision on the issue is final and not
subject to further appeal.
11 .(4) The Municipality and/or the Officer may take whatever action or measures
are necessary to remedy a contravention of this by-law in accordance with
the Municipality's General Enforcement By-law, as amended from time to
time, and the Municipality's enforcement policy and procedures.
11 .(5) Any person who contravenes or disobeys or refuses or neglects to obey or
comply with any provision of this by-law or any order made under this by-
law and/or the Municipality's General Enforcement By-law, as amended
from time to time, is guilty of an offence and is liable to fines and penalties
as set out in the Municipality's General Enforcement By-law, as amended
from time to time.
11.(6) All costs imposed to extinguish a fire that was set in contravention of the
By-Law, are a debt owed by the owner of the property on which the fire
was located, to the Municipality and may be recovered by the Municipality
in the same manner as a tax may be collected or enforced under The
Municipal Act.
11.(7) The Municipality may claim costs where the Fire Department is called to
extinguish a fire, which has been set in contravention of this By-Law.
11.(8) The cost of fighting and extinguishing a fire that was set in contravention
of this by-Law may be charged to the property owner at a rate of $1000.00
per hour or part thereof.
Severability
12. If any provision of this by-law is held to be invalid by any court of
competent jurisdiction, the remaining provisions of the by-law shall not be
invalidated.
Repeal
13. By-Law 5-2012 and any amendments hereto is hereby repealed
entirety.
in its
DONE AND PASSED by the Council of the Rural Municipality of St. Clements, in
Council duly assembled, at East Selkirk, Manitoba, this 8th day of February
2022.
RURAL MUNICIPALITY OF ST. CLEMENTS
^jJkJLA ^AGl
)ebbie Fiebelkorn,
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Mayor
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/ Deepak Joshi,
Chief Administrative Officer