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## Rural Municipality of Thompson
## By-law No. 12-18
Being a By-law of the Rural Municipality of Thompson for the prevention and the control of wildland fires within the Rural Municipality of Thompson.
## Definitions:
Authority Having Jurisdiction (AHJ): the Municipal Council and the duly appointed agents thereof.
CAO: the Chief Administrative Officer of the municipality.
Designate: any person authorized by the AHJ to enforce this By-law on behalf of the AHJ.
Officer: the Fire Chief, any member of the Fire Service or any person on behalf of the AHJ, appointed as a fire guardian for purposes of The Wildfires Act. Outdoor Fire: a fire that is started outdoors including crop residue burning, land
clearing and grass burning.
Wildfire Season: the period in each year commencing on April 1st and ending on November 15th or any other period of time that may be designated by the AHJ.
WHEREAS it is deemed expedient and advisable to pass a By-law to provide generally for the protection of life and property from damages by fire and to regulate burning within The Rural Municipality of Thompson, and
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 purpose
- d) Implementing various programs for the purposes of fire suppressior
- (e) Enforcement of any provincial or municipal statues as they may apply
NOW THEREFORE THE COUNCIL OF THE RURAL MUNICIPALITY OF THOMPSON IN SESSION ASSEMBLED, ENACTS AS FOLLOWS
## 1.0 Delegation of Authority
- 1.1 THAT the Authority Having Jurisdiction, Chief Administrative Officer or designate of the Rural Municipality of Thompson be appointed as Officers for the purpose of enforcing provincial statues, regulations as well as this By-law.
## 2.0 Responsibilities
- 2.1 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.
- 2.2 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.
- 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 guas, propsy and an orin theatre is stamed 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
- ili) 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 its fuel loading and size shall be available on site.
- g) All fires must be extinguished when unsupervised.
## 3.0 Burning Ban
- 3.1 The municipality may, by resolution, at their discretion, ban ALL BURNING (including fires contained within fire pits and solid fuel burning appliances) in the Rural Municipality of Thompson if conditions exist where, in the opinion of the municipality, fires are of extremely high risk, and such a ban would prevent wildfires from occurring.
## 4.0 Offense and Penalties
- 4.1 Where a person is in contravention under this By-law, 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.
- 5.0 This By-law shall come into force and take effect on the passing thereof.
DONE AND PASSED in Council assembled at the Council Chambers of the Rural Municipality off pompson, this 24" day of May, A.D. 2018.
Reev
SEAL
SO
Chief Administrative Officer " /11
Read a first time this 10th day of May, A.D 2018
Read a second time this 10th day of May, A.D. 2018
Read a third time this 24th day of May, A.D. 2018
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