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THE CORPORATION OF
THE TOWNSHIP OF BONNECHERE VALLEY
BY-LAW NUMBER 2026-026
BEING A BY-LAW FOR ESTABLISHING
REQUIRMENTS TO CONDUCT OPEN AIR
BURNING IN THE TOWNSHIP
OF BONNECHERE VALLEY
WHEREAS, Sections 8, Municipal Act 2001, Chapter 25, as amended, provides
that a municipality has the capacity, rights, powers and privileges of a natural
person for the purpose of exercising its authority under this or any other Act.
AND WHEREAS, the Fire Protection and Prevention Act, 1997, Part II, Section
7.1 (1) (b) provides the Municipality with the authority to allow and regulate
open air burning.
AND WHEREAS, the Fire Protection and Prevention Act, 1997, Part II, Section
7.1 (1) (b) provides the Municipality with the authority to allow and regulate
open air burning.
AND WHEREAS, section 391 (1) (a) of the Municipal Act S.0 2001, as amended,
authorizes a municipality to impose fees or charges on people for services or
activities provided or done by or on behalf of it.
AND WHEREAS, the Council of the Corporation of the Township of Bonnechere
Valley deems it necessary to set standards for open air burning according to the
provisions of Section 7.1(1) the Fire Protection and Prevention Act, 1997,
Chapter 4, for the entire Township.
NOW THEREFORE, the Council of the Township of Bonnechere Valley enacts as
follows:
1.0
DEFINITIONS
In this by-law,
a.
"Approved Pit" means an area of ground that has been completely
cleared of combustible material and lined with a minimum thickness
of 15 cm (6 inches) of sand or mineral soil that will extend a minimum
of 30 cm (12 inches) beyond the limit of the fuel used for a Camping
Fire. or burning of leaf material
b.
"Authorized Agent" means any person authorized by the Fire Chief
or the Council of the Township to carry out those duties.
c.
"Burn Barrel" means any container regardless of size or
construction, covered with a screen having a mesh size of not more
than 5 mm in which a fire can be set or maintained for the burning of
materials.
d.
"Campfire" means an Open-Air Fire, having a maximum fuel volume
of .6 meters x .6 meters x .6 meters (2 feet x 2 feet x 2 feet), that is
set or maintained in an approved pit or outdoor fireplace and is used
solely for the purposes of cooking food, providing warmth or
recreational enjoyment.
e.
"Chinese Lantern" or "Sky Lantern" means a small hot air balloon
made of paper, with an opening at the bottom where a small fire is
suspended.
f.
"Council" means the elected Council of the Corporation of the
Township of Bonnechere Valley.
g.
" Fire Season" means the period from the 1st day of April to the 31st
day of October in every year.
h.
"Fireworks" means a device containing gunpowder and other
combustible chemicals that causes a spectacular explosion when
ignited, used typically for display or in celebrations.
i.
"Household Waste" means any Solid waste, composed of garbage
or rubbish, which normally originates in a private home or apartment
house.
j.
"Incinerator" Means any enclosed chamber constructed for the
purpose of burning materials but not an outdoor furnace.
k.
"Open Air Fire" means a fire set in the open air for the purpose of
burning brush or other approved combustible material, and includes
fires in incinerators and pits, but does not include a cooking fires,
campfires or barbeques.
l.
"Outdoor furnace" means, but is not limited to, any enclosed
device, appliance, equipment apparatus or structure that is designed,
intended and/or used to provide heat and/or hot water to any
associated structure, that operates by burning wood or any other fuel,
including, but not limited to, paper pellets and agricultural products, is
not located within the structure to be heated, and includes, but is not
limited to, devices referred to as wood furnaces or outdoor boilers.
m.
"Permit" means a permit issued by the Township of Bonnechere
Valley signifying permission to set or maintain or allowing being set
or maintained an Open-Air Fire and establishing the conditions
under which permission is granted.
n.
"Person" includes an association, firm partnership, or corporation.
o.
"Prohibited Materials" Shall mean any materials such as but not
limited to household waste, petroleum products, Plastics, rubber,
painted lumber, tires, furniture, carpeting, Styrofoam or any other
item that could cause noxious or toxic smoke or fumes.
p.
"Township" means the Corporation of the Township of Bonnechere
Valley
2.0 GENERAL REGULATIONS
No Person shall at any time:
2.1 Set, Maintain or allow being set or maintained any Open-Air Fire
between April 1st through October 31st that is not a camping fire as
defined in this bylaw and maintained within an approved pit
2.2 Without first obtaining a Permit from the Township or its authorized
agent, set, maintain or allow being set or maintained any open-air
fire between November 1st and March 31st that is not a camping fire
as defined in this bylaw and maintained within an approved pit
2.3 Set, maintain, or allowed to be set, an open-air fire on any land
owned or controlled by the Township of Bonnechere Valley without
first obtaining a 'special event' permit issued by the Fire Chief.
2.4 Burn any prohibited materials such as but not limited to household
waste, petroleum products, Plastics, rubber, painted lumber, tires,
furniture, carpeting, Styrofoam or any other item that could cause
noxious or toxic smoke or fumes.
2.5 Notwithstanding a permit being issued, burn any materials where the
smoke from such fire impedes visibility on any public thoroughfare.
2.6 Burn leaf litter except in an approved pit.
2.7 Notwithstanding a permit being issued, burn any material in an
unsafe manner:
a. Within 10 meters (app. 30 feet) of a building or wooded area.
And:
b. Within 5 meters (app. 15 feet) of any other flammable material
a. That is not a camping fire at any time within the geographical
confines of the village of Eganville except at a location and under
conditions approved by the Fire Chief or a Deputy Fire Chief.
b. That is not a camping fire at any time within the geographical
confines of the Hamlet of Foymount except at a location and
under conditions approved by the Fire Chief or a deputy fire chief.
2.9 Set, allow or cause to be set any fire that is oversize having a
maximum fuel volume greater than 3 meters in diameter and 3
meters high. Except on private property at a specified location and
under conditions approved by the Fire Chief or his designate.
2.10 Without a special permit issued by the Fire Chief set, maintain or
allow being set or maintained any open-air fire of any restricted
material such as but not limited to:
a.
Any green brush or wood
b.
Any standing brush
c.
Any grass area
2.11 At any time deploy, set off or allow for the deployment, fireworks
commonly known as Chinese lanterns.
3.0
BURN BARRELS, OUTDOOR FURNACES AND INCINERATORS
3.1 No person shall at any time use or allow being used a burn barrel,
incinerator or any similar device to burn any materials:
a. Within the geographical confines of the Village of Eganville or:
b. Within the geographical confines of the Hamlet of Foymount.
3.2 Where burn barrels or incinerators are permitted, they may be
used to burn dry non-glossy paper, cardboard and natural
vegetation.
3.3 Where burn barrels or Incinerators are permitted no person shall at
any time burn or allow any household waste or prohibited
materials to be burned.
3.4 Burn barrels, incinerators and similar devices shall have their
openings covered with a screen mesh having holes no larger than
5mm square.
3.5 No person shall at any time burn or allow to be burned any
household waste or prohibited materials in any outdoor furnace.
3.6 Dry non-glossy paper, cardboard and natural vegetation may be
burned in an outdoor furnace.
4.0
SAFETY
4.1 No person shall at any time set, maintain or allow being set or
maintained an Open-Air Fire except where:
a. A valid authorized open air burning permit issued by the
municipality is in effect; and
2.8 Set, maintain or cause to be set or maintained any Open-Air Fire:
b. Such fire is under the constant supervision of a competent person
of 18 years or older; and:
c. All conditions detailed on the permit have been followed; and
d. Equipment and other resources capable of controlling and
extinguishing Open Air Fires shall be available and maintained at
the site until the fire or fires are fully extinguished.
Despite an open-air burning permit having been issued no person
shall at any time set, maintain or allow being set or maintained an
Open-Air Fire where the weather conditions have changed to create
adverse or dangerous conditions for the setting of that open-air fire.
4.2 Where an open-air burn under a valid permit has been set and the
weather condition changes to the presence of winds or wind gusts
more than 15 kph the permit holder shall ensure that the fire is
extinguished immediately.
4.3 Camping Fires
Every person setting or maintaining a campfire shall ensure that
such campfire is set or maintained in an approved pit or appliance
and always supervised.
4.4 Hours
a.
Between April 1st and October 31st, no person shall set an open-
air fire except a camping fire or cooking fire in an approved pit
and no earlier than two (2) hours before sunset and
extinguished no later than two (2) hours after sunrise, or
earlier.
b.
Between November 1 and March 31 open air fires except a
camping fire or cooking fire in an approved pit may be set at
any time during the day provided a valid open air burning
permit is in effect and conditions as detailed in section 3 have
been followed.
5.0
FIRE BANS
5.1 The Fire Chief or his authorized agent may, at any time, and in the
exercise of his or her sole discretion, issue a fire ban, effective for a
specified period, prohibiting the setting of all Open-Air Fires within
any area of the Township based on MNR Guidelines, MNR indices
rating or local conditions:
5.2 No person shall at any time while a level one (1) fire ban is in effect:
a. Set, maintain or allow any open-air fire other than a campfire in
an approved pit.
b. Deploy, set off or allow for the deployment or setting off
fireworks.
c. The Fire Chief or designate shall instruct local businesses engaged
in the sale of fireworks to post Municipal fire ban notices in the
event of a ban. These notices shall clearly include fines set for
violation of this By-Law.
5.3 No person shall at any time while a level two (2) fire ban is in effect:
a. Set maintain or allow any open-air fire including but not limited to
campfires, cooking fires, outdoor fireplaces or other outdoor
appliances that burn wood or wood byproducts:
b. Set, maintain or allow a fire in any burn barrel or incinerator.
Outdoor furnaces where allowed are exempt from section 5.0 of
this bylaw.
c. Enclosed Barbeques fueled by Propane or Briquettes are exempt
from section 4.3 (b) of this bylaw
d. In accordance with Ministry of Natural Resources Guidelines
Public or Private Campgrounds are exempt from section 5.0 of
this bylaw. Campgrounds must meet the criteria as set out in the
Forest Fires Prevention Act, 1990, (Ontario Regulation207/96 -
Outdoor Fires) to be exempt from this By-Law.
e. Deploy, set off or allow for the deployment or setting off
fireworks.
f. The Fire Chief or designate shall instruct local businesses
engaged in the sale of fireworks to post Municipal fire ban
notices in the event of a ban. These notices shall clearly include
fines set for violation of this By-Law.
5.4 The Fire Chief will assess the need for a total or partial Fire Ban daily
and will downgrade or cancel the Fire Ban as soon as possible based
on MNR indices rating and local conditions.
5.5 Notwithstanding any other provision of this by-law, the Fire Chief or
designee may revoke any or all permits, or refuse to issue permits
where one or more of the following conditions exist in respect of, or
in proximity to, the proposed Open-Air Fire Site:
a. A lack of precipitation that, in the opinion of the Fire Chief,
increases the risk of the spread of fire.
b. Winds that, in the opinion of the Fire Chief, increase the risk of
the spread of fire.
c. The issuance, by the Fire Chief, Fire Marshall, or other fire
officials in the exercise of his or her statutory powers, of a fire
ban or prohibition against all Open-Air Fires; or
d. Any other condition that in the opinion of the Fire Chief will
increase the risk of the spread of fire.
6.0
ADMINISTRATION AND ENFORCEMENT
This by-law shall be administered and enforced by the Fire Chief or
Deputy Fire Chief(s) as designated by the Fire Chief.
7.0
INSPECTION POWERS
7.1 The Fire Chief a Deputy Fire Chief or a firefighter designated by the
Fire Chief may at any time inspect any Open-Air Fire to ensure that
the provisions of this by-law have been and are being compiled with
and the person who has the care and control of such fire shall
provide such person with free and unobstructed access to the Open-
Air Fire.
7.2 Upon inspection under section the Fire Chief, Deputy Fire Chief or
designated officer:
a.
Is entitled to request and have produced any relevant Permits
issued by Township in respect of the Open-Air Fire that is being
inspected, and.
b.
May, where there are reasonable and probable grounds that any
offence under this bylaw has been committed, order the person
or persons to immediately extinguish the fire or where such
person has refused to extinguish or does not have the resources
available to extinguish the fire call for such assistance as is
required under the circumstances to aid in the extinguishing of
the fire.
8.0
PENALTIES
8.1 Any person who contravenes any provision of this Bylaw is guilty of
an offence shall be subject to such penalties as laid out in the bylaw.
8.2 In addition to any fines or penalties levied by the court upon
conviction of any offence under this bylaw, the person or persons
responsible for setting, maintaining, or permitting to be set or
maintained an Open-Air Fire shall be liable to the Township by way
of a fee or charge, in accordance with Schedule "B" to this by-law,
on account of those costs and expenses incurred by the Township in:
a. Investigating and responding to a complaint made to the
Township or the Fire Department by any person acting
reasonably and in good faith of a possible violation under section
2 of this bylaw.
b. Investigating and responding to a complaint made to the
Township or the Fire Department by any person acting
reasonably and in good faith, which complaint results from setting
and/or maintenance of the Open-Air Fire and, in the opinion of
the Chief Fire Official or the Chief Fire Official's designate, smoke
or emissions from such Open Air Fire were causing or had caused
actual discomfort to the complainant.
c. The dispatching of Fire Department vehicles and fire-fighting
personnel for the purpose of extinguishing the Open-Air Fire.
d. Investigating any complaint from any person acting reasonably
and in good faith, which complaint is in reference to the setting
and/or maintenance of the Open-Air Fire and, in the opinion of
the Fire Chief or the Fire Chief's designate, smoke or emissions
from such Open-Air Fire are contrary to the guidelines are
detailed in section 3 of this bylaw.
8.3 Where the person or person liable for any offence under this bylaw
admits to the offence, Council may at its discretion stay the laying of
charges for that offence where that person or person is willing to
sign an agreement with the Municipality to pay the actual costs
incurred by the Municipality in responding to the Incident or Offence.
8.4 All fees and charges payable under this by law are due and owing to
the Township within thirty (30) days the date of an invoice rendered
to the person liable to pay them.
8.5 All overdue accounts shall accrue interest at the rate of 1.25% per
month (15% per annum), calculated monthly, from the due date
until paid in full.
8.6 All fees and charges payable under this by-law constitute a debt of
the person liable for payment of them to the Township and, in the
case of owners of a property being responsible for payment of the
fees and charges, the Township may add the amount owing to the
tax roll for the owner(s) real property and collect them in like
manner as municipal taxes.
8.7 If a person who sets or maintains an Open-Air Fire contrary to this
by-law is not the owner of the property but occupies or is using the
property with the owner's consent, the owner and the person
conducting the open-air burning shall be jointly and severally liable
to pay any fees and charges imposed by this by-law.
9.0
PENALTY PROVISIONS
Every person who contravenes or causes or permits the contravention of
any provision of this by law is guilty of an offence and upon conviction is
liable to a fine, pursuant to the provisions of the Provincial Offences Act,
R.S.O. 1990, c. P.33, as amended.
10.0 SEVERABILITY
The decision of a competent court that one or more provisions of this By-
Law are invalid in whole or in part does not affect the validity,
effectiveness or enforceability of the other provisions or provisions of this
By-Law.
11.0 REPEAL OF EXISTING BYLAWS
By-law 2018-018 is hereby repealed.
12.0 BYLAW COMING INTO EFFECT
This by-law shall come into force on the 1st day June 2026.
READ A FIRST & SECOND TIME THIS 21st DAY OF APRIL
READ A THIRD TIME AND PASSED THIS 21st DAY OF APRIL
Jennifer Murphy, Mayor
Annette Gilchrist, CAO/Clerk
TOWNSHIP OF BONNECHERE VALLEY
Schedule "A"
PART I Provincial Offences Act
By-law # 2026-026: Open Air Burning By-law
ITEM
COLUMN 1
Short Form Wording
COLUMN 2
Provision creating or defining offence
COLUMN 3
Set Fine
1.
Set or Maintain or allow
open air burning between
April 1st to October 31st in
contravention of this by-law
2.1
$500.00
2.
Set or Maintain or allow
open air burning without a
permit
2.2
$500.00
3.
Set or Maintain or allow
open air burning without a
permit on municipal
property
2.3
$250.00
4.
Burn Prohibited Materials
2.4
$250.00
5.
Impede visibility public
thoroughfare
2.5
$250.00
6.
Burn in an unsafe manner
2.7
$250.00
7.
Set or Maintain or allow
open air burning Village of
Eganville
2.8 a
$250.00
8.
Set or Maintain or allow
open air burning Hamlet of
Foymount
2.8 b
$250.00
9.
Set or Maintain or allow an
unapproved oversize fire
2.9
$250.00
10.
Set or Maintain or allow
open air burning of
restricted materials
2.10
$250.00
11.
Deploy Fireworks commonly
known as Chinese Lanterns
2.11
$500.00
12.
Use a burn barrel or
incinerator in the village of
Eganville
3.1 a
$250.00
13.
Use a burn barrel or
incinerator in the hamlet of
Foymount
3.1 b
$250.00
14.
Burn household waste or
prohibited materials in a
burn barrel or incinerator
3.3
$250.00
15.
Burn household waste or
prohibited materials in an
outdoor furnace
3.5
$500.00
16.
Set or Maintain or allow
open air burning with
underage supervision
4.1 b
$250.00
17.
Set or Maintain or allow
open air burning with no fire
control measures on site
4.1 d
$250.00
18.
Set or Maintain or allow
open air burning in adverse
fire conditions
4.2
$250.00
19.
Set or Maintain or allow
open air burning at non
approved times
5.1
$250.00
20.
Set or Maintain or allow
open air burning other than
a campfire or cooking fire
during a level 1 fire ban
5.2 a
$500.00
21.
Deploy personal fireworks
during a level 1 fire ban
5.2 b
$500.00
22.
Set or Maintain or allow any
open air burning including a
campfire or cooking fire
during a level 2 fire ban
5.3 a
$500.00
23.
Set or Maintain or allow any
open air burning in any burn
barrel or incinerator during a
level 2 fire ban
5.3 b
$500.00
24.
Deploy personal fireworks
during a level 2 fire ban
5.3 e
$500.00
"NOTE: The penalty provision for the offences indicated above
is section 9 of by-law no. 2026-026, a certified copy of which
has been filed".
TOWNSHIP OF BONNECHERE VALLEY
Schedule "B"
By-law #2026-026: Open Air Burning By-law
Schedule of Fees
1. Respond to and investigate complaints regarding a possible violation under
Section 2.0 about open air burning
a.
Fee of $75.00 per response payable by the permit holder or
person setting, maintaining or allowing such fire to be lit if the
complaint is substantiated
b.
Fee of $75.00 per response payable by the
complainant if the complaint is not substantiated.
c.
Fee may be waived at the discretion of the investigators if in
their opinion the complaint was reasonable and made in good
faith, but investigation showed no violation under any section of
this bylaw had occurred.
2. Dispatch of Fire-fighters.
a. to be calculated at current rate of pay per fireman
responding to the scene at a (2) hour minimum
per fireman and calculated on one half hour
increments thereafter.
3. Dispatch of Fire Response vehicles actively involved in fighting the fire.
a. at the current MTO, Ministry of Transportation rates
TOWNSHIP OF BONNECHERE VALLEY
OPEN AIR FIRE BURNING PERMIT
Under the Forest Fire Prevention Act Regulation 207/96 and By-law No 2026-026 and
subject to limitations and subject to the terms and conditions here in this permit is.
Issued To:
Tel. #
Civic Address
To set fire to the following lands:
Ward
Lot
Concession
For purpose of
Burning Brush
Burning leaf litter
Other
(Please specify)
Permit period from and including the
day of
20
and
including the
day of
20
for a maximum of two (2) days,
subject to the following conditions:
INITIALS
1. I understand that during the PROVINCIAL FIRE SEASON (April 1st to October 31st), this permit is
NOT VALID until such time as the fire department is contacted at [email protected] or 613-312-
7361. Permit validation is not required outside of the provincial fire season.
2. I understand that between April 1st and October 31st all open-air fires shall be set no earlier than two
(2) hours before sunset and extinguished no later than two (2) hours after sunrise, or earlier.
3. I understand that I or a person over the age of 18 must be in constant attendance at the
open air fire and shall remain there until such time as the fire is completely extinguished.
4. I understand that the person in charge of the fire shall ensure that:
(a) They have adequate tools, equipment and water to contain the fire
(b) No toxic materials, painted wood, construction materials or garbage may be burned.
5. I understand that while burning brush that:
(a) Only a single pile is to be burned at any one time
(b) The pile may not be more the three (3) meters in diameter and not more than three (3) meters
high.
(c) The open-air fire shall not be set within ten (10) meters of a building or wooded area.
(d) The open-air fire shall not be set within five (5) meters of any other flammable material including
but not limited to standing grass or vegetation of any kind.
6. I understand that the burning of leaf litter shall be done in an approved pit being ground that has been
completely cleared of combustible material and lined with a minimum thickness of 15 cm (6 inches) of
sand or mineral soil that will extend a minimum of 30cm (12 inches) beyond the limit of the leaf litter to
be burned.
7. No open-air fire shall be maintained when the wind is in such direction or intensity to cause any or all
the following:
(a) A decrease in visibility on any highway or roadway
(b) A rapid spread of fire through grass or bush areas.
8. I understand that this permit can be cancelled by the township in case of changing weather conditions
or for any infraction of the above conditions.
9. I understand and accept that I am responsible for any damage to property or injury caused by the
setting up or maintaining of the open-air fire and that I am liable for all costs incurred by the fire
department where I have contravened any portion of this bylaw.
Date:
Signature:
Issuer's Signature:
Fire Department Approval Signature:
OPEN AIR FIRE BURNING PERMIT - MUNICIPAL LAND
This special permit, to be issued by the Chief Fire Official or Designate, is
subject to the terms, conditions, and limitations of the Forest Fire Prevention Act
207/96 and By-Law No 2026-026
Date of proposed fire:
Issued to:
Civic Address:
Phone Home
Cell
Purpose of fire:
Location of fire:
Initials
1. It is understood that, as the holder of this permit, I am responsible for the
ignition, monitoring, and complete extinguishment of this permitted fire.
2. It is understood that I will have means of extinguishment available in the event
of an emergency, and to put the fire out, at conclusion of an event.
3. It is understood that, at conclusion of event, all debris, waste and/or garbage,
will be removed from site. It is understood that all costs for removal of such by
Municipality will be recovered from permit holder.
4. It is understood that, at any time, the Chief Fire Official or designate may revoke
this permit.
5. It is understood that I, as the permit holder, will adhere to the terms, conditions,
and limitations of the Forest Fire Prevention Act 207/96 and By-Law 2026-026
6. It is understood that I, as the permit holder, am responsible for any damage to
property or injury caused by this fire and am liable for all costs incurred by the
fire department where I have contravened any portion of By-Law 2026-026
Date of issue:
Signature of permit holder:
Chief Fire Official or Designate