This is the exact embedded text of the captured official document.
Snapshot 10cab8fd0e34 · verified 2026-08-23 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
1 of 6
The Corporation of the City of Burlington
City of Burlington By-Law 65-2019
A by-law to regulate the setting of open-air fires and the times when open-
air fires may be set. File: 755-04 (BFD-04-19)
Whereas section 2.4.4.4. (1) of the Fire Code, Ontario Regulation 213/07, as amended,
prohibits open air burning unless approved, or unless such burning consists of a small,
confined fire, supervised at all times, and used to cook food on a grill, barbeque or spit
and is commensurate with the type and quantity of food being cooked; and
Whereas section 7.1 (1) (b) of the Fire Protection and Prevention Act, 1997, S.O. 1997,
c.4, as amended, provides that Council of the Corporation of the City of Burlington
("Council") may pass by-laws regulating the prevention of spreading of fires, regulating
setting of open-air fires, including establishing the times during which open air fires may
be set; and
Whereas section 429 (1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
provides that a municipality may establish a system of fines for offences under a by-law
of the municipality passed under this Act. 2006, c. 32, Sched. A, s. 184; and
Whereas section 128 (1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
provides that, without limiting sections 9, 10 and 11, a local municipality may prohibit
and regulate with respect to public nuisances, including matters that, in the opinion of
Council, are or could become or cause public nuisances; and
Whereas section 425 (1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
permits Council to pass by-laws providing that any person who contravenes any by-law
of the municipality is guilty of an offence; and
Whereas Council considers excessive smoke or odour from open air burning as having
the potential to cause public nuisance by creating negative health effects on
neighboring residents, increasing fire hazards and infringing on the enjoyment of the
use of neighboring properties.
Now therefore the Council of the Corporation of the City of Burlington hereby enacts as
follows:
Definitions
1.
In this By-Law,
(a)
"barbeque" means an appliance or structure designed and intended solely for the
cooking of food, where the heat and/or flame is imparted or produced by charcoal,
natural gas or propane.
2 of 6
(b)
"burning ban" means a prohibition on all burning issued by the Fire Department
of the Corporation of the City of Burlington.
(c)
"burning permit" means a permit issued by the Fire Department of the
Corporation of the City of Burlington to allow open-air burning for a specified time
period.
(d)
"campfire" means a fire lit at a campsite to serve the following functions: light,
warmth, insect deterrent and to cook.
(e)
"chimenea" means a free-standing, front-loading fireplace, with a bulbous body
and a vertical smoke vent or chimney.
(f)
"City" means the Corporation of the City of Burlington.
(g)
"Chief Fire Official" means the Chief of the Fire Department of the Corporation of
the City of Burlington, or his or her designate.
(h)
"Council" means the Council of the Corporation of the City of Burlington.
(i)
"Fire Department" means the Corporation of the City of Burlington Fire
Department and any member thereof.
(j)
"Nuisance" means excessive smoke or odour that is likely to interfere with the
enjoyment of neighboring properties.
(k)
"OpenAir Burning" means the burning of any materials outside of a building,
including, but not limited to, fire pits, chimineas and outdoor fireplaces, wherein the
flame is not wholly contained, and is thereby, open to the air.
(l)
"Owner" means the registered owner of property.
(m)
"Special Air Quality Statement or Smog and Air Advisory" means an alert issued
by Environment Canada and the Ministry of the Environment, Conservation and Parks
(n)
"Urban Area" means the urban area as denoted by the non-shaded area on the
map of the City, attached as Schedule A to this by-law.
Administration
2.
The Chief Fire Official shall be responsible for the administration and
enforcement of this by-law. For the purposes of sections 11, 12 and 13 of this bylaw, all
members of the Fire Department, attending in response to open air burning, are
appointed as designates of the Chief Fire Official, acting under direction of the Chief
Fire Official.
3 of 6
General Provisions
3.
Any person eighteen years of age or over, who is the owner of a property within
the City, or who has been authorized in writing by the owner of such property, may
apply to the Chief Fire Official for a burning permit to conduct an open-air burning.
4.
No person shall set, permit to be set, maintain or cause to be maintained, an
open-air burning in the City of Burlington unless:
a)
a burning permit has been issued from the Chief Fire Official;
b)
that person complies with the conditions set out in the burning permit; and
c)
that person complies with all applicable provisions of this by-law.
5.
No burning permit shall be issued for an open-air burning within the urban area of
the City.
6.
The Chief Fire Official may refuse to issue a burning permit if he or she
determines that:
a)
the proposed open-air burning would be in contravention of this by-law;
b)
the person applying for the burning permit has contravened the provisions of this
by-law in the past;
c)
the person applying for the burning permit has not complied with any conditions
attached to a burning permit for an open-air burning that may have been imposed on a
previous occasion;
7.
A burning permit issued pursuant to this by-law is valid for the life of the permit
from the date of issue until such time as;
a)
The property changes ownership;
b)
The location of the approved burning is changed,
c)
Designated burn areas allowed in the city no longer allows for burning in the
area,
d)
Property or area development,
e)
Changes to legislation,
f)
The permit has been rescinded by the Chief Fire Official for non-compliance or
any other reason.
8.
A person who has obtained a burning permit pursuant to this by-law:
a)
shall be limited to open-air burning of wood, wood by-products, leaves or brush;
4 of 6
b)
shall not permit the open-air burning of garbage or petroleum-based products,
including but not limited to, tires, shingles and/or plastics;
c)
shall maintain, in person, constant supervision and control over the open-air
burning from the time the open-air burning commences until the open-air burning is
completely extinguished;
d)
shall ensure that a suitable means of extinguishing the open-air burning is
available at the site during the open-air burning, including, but not limited to, a fire
extinguisher or a garden hose.
9.
Except for otherwise provided for in a burning permit, a burning permit holder
shall not set or maintain open-air burning, or permit open-air burning to be set or
maintained, or cause open-air burning to be set or maintained:
a)
between sunset and 7a.m.
b)
that consists of more than one (1) cubic metre of material to be burned;
c)
that exceeds one (1) metre in height;
d)
when the wind speed is greater than twenty-five (25) kilometers per hour;
e)
within twenty (20) metres of a building or roadway;
f)
if there is a Special Air Quality Statement and/or Smog and Air Health Advisory
issued by Environment Canada and the Ontario Ministry of the Environment;
g)
if there is a burning ban;
h)
if it creates a nuisance.
10.
Every person that sets, permits to be set, or causes to be set, open-air burning in
the City shall:
a)
be responsible for any damage to property or injury to persons occasioned by the
said open-air burning; and
b)
be liable for costs incurred by the fire department, including personnel,
equipment and apparatus necessary and called in to extinguish the said open-air
burning.
Enforcement
11.
The Chief Fire Official shall be permitted to enter upon land to inspect an area for
which a burning permit has been issued to ensure compliance with the provisions of this
by-law.
5 of 6
12.
A holder of a burning permit pursuant to this by-law shall produce the burning
permit on a demand from the Chief Fire Official conducting an inspection of the open-air
burning.
13.
A burning permit may be cancelled or suspended at any time by the Chief Fire
Official and immediately upon receiving notice of such cancellation or suspension, the
burning permit holder shall extinguish any open-air burning commenced pursuant to the
burning permit.
Exemptions
14.
Permission of the Chief Fire Official is not required for open-air burning that
consists of a small, confined fire, supervised at all times, and used to cook food on a
grill, barbeque or spit that is commensurate with the type and quantity of food being
cooked.
15.
Backyard fire pits, chimineas, and outdoor burning devices that utilize propane or
natural gas as fuel supply are permitted in all areas of the City, except apartment
building balconies and where prohibited by condominium corporation rules.
16.
The Fire Department shall be exempt from the provisions of this by-law with
respect to open-air burning set for the purposes of educating and training of staff and
individuals.
17.
The Fire Department has the authority to approve the setting of any open-air
burning, based on individual needs and circumstances, subject to restrictions and
conditions listed on the permit as specified by the Chief Fire Official.
Headings
18.
The headings of each section of this by-law are inserted for convenience of
reference only and do not form part of this by-law.
Penalty
19.
Every person who contravenes any provision of this by-law is guilty of an offence
and on conviction is liable to a fine as provided for in the Provincial Offences Act,
R.S.O. 1990, c. P. 33, as amended and any successor thereto.
Severability
20.
Should any provision of this by-law be declared by a Court of competent
jurisdiction to be invalid, or of no force and effect, or beyond the power of Council to
enact, such provision shall be deemed to be severable from this by-law, and it is the
intention of Council that the remaining provisions will nevertheless continue in full force
and effect without being impaired or invalidated in any way.
6 of 6
Short Title
21.
This by-law may be cited as "Open Air Burning By-Law"
Effect
22.
This by-law shall come into force and effect upon the final passing and that By-
Law 63-2014 be hereby repealed.
Enacted and passed this 16th day of December 2019
Mayor Marianne Meed Ward __________________________
City Clerk Angela Morgan ____________________________