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Township of Huron-Kinloss
Open Air Burning
(Office Consolidation)
The amending by-laws have been combined with the original by-law for convenience only. This
consolidation is not a legal document. Certified copies of the original by-laws should be
consulted for interpretations and applications of the by-laws on this subject. The by-law
numbers referenced in this consolidation refer to the by-laws that amended the principal By-law
No. 2016-139.
December 2025
By-Law No.
Date
Amendment
2017-12
February 13, 2017
Section 21.1
Section 1.0
Section 20
Add Section 21.1
Definition to 1.0
Section 20(f)
2025-122
December 15, 2025
Definition "Prohibited
Material"
Section 19 a)
Section 19 e)
Section 20 f)
Section 21b)
Definition "Prohibited
Material", Section 19 a)
repealed and replaced,
Section 19 e) repealed
and replaced, Section
20 f) repealed and
replaced, Section 21b)
repealed and replaced
By-Law No. 2016-139
Being a by-law to regulate open air burning within
the Township of Huron-Kinloss
WHEREAS the Council of the Township of Huron-Kinloss deems it necessary and
desirable to adopt an Open Air Burning By-law;
AND WHEREAS section 7.1(1)(b) of the Fire Protection and Prevention Act, 1997,
S.O. 1997, c. 4, as amended (the "Act"), states that a council of a municipality may
pass by-laws regulating the setting of open Fires , including establishing the times
during which Open Air Fires may be set;
AND WHEREAS section 7.1(3) of the Act states that a by-law under that section may
deal with different areas of municipality differently;
AND WHEREAS section 7.1(4) of the Act states that a municipality may appoint an
officer to enter upon land and into structures at any reasonable time to inspect the land
and structures to determine whether by-laws enacted in accordance with that section
are being complied with;
NOW THEREFORE the Council of The Corporation of the Township of Huron-Kinloss
enacts as follows:
Definitions
1.
In this By-law:
"Act" means the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4, as
amended;
"Approve" shall have the same meaning as defined in the Ontario Fire Code,
Ontario Regulation 213/07
"Approved Fire Pit" means:
(a)
a pit dug into the ground or made from stones, masonry, steel or other fire
resistant material used for the purposes of containing a recreational fire of
which the interior dimensions shall be no larger than one metre by one
metre; and,
(b)
above-ground pre-manufactured chimineas and other like receptacles
designed and constructed for the purposes of containing a small
Recreational Fire.
"Barbeque" means a gas or propane powered appliance that is designed and
intended for the sole purpose of cooking food in the open air; and includes a
hibachi but does not include devises designed for personal warmth, fire pits or
camp fires;
"Beach Fire" means an Open Air Fire on the pebbly or sandy shore (the beach)
of Lake Huron;
"Building" means:
(a)
a structure occupying an area greater than ten square metres consisting
of a wall, roof and floor or any of them or a structural system serving
the function thereof including all plumbing, works, fixtures and service
systems appurtenant thereto;
(b)
a structure occupying an area of ten square metres or less that
contains plumbing, including the plumbing appurtenant thereto; and,
(c)
structures designated in the Building Code, as amended;
"Chief Fire Official" means the appointed Fire Chief of the Township of Huron-
Kinloss under provisions of the Fire Protection and Prevention Act, 1997, S.O.
1997, c. 4, as amended; for any or all Fire Department catchment areas as
designated by Council, or his or her designate;
"Council" means the Council of The Corporation of the Township of Huron-
Kinloss;
"Fire Ban" means a partial or total ban against any Open Air Fire in the
Township as declared by the Chief Fire Official;
"Firewood" means clean, dry wood that has not been treated, painted or
otherwise exposed to toxic material, cut to a maximum of 60 cm (24 inches) in
length so as to be easily situated in an Approved Fire Pit;
"Flying Lantern" means hot air balloon made out of paper, or other material,
commonly known as Chinese lanterns, sky lanterns, sky candles, wish lanterns,
Hawaii lanterns or Konming lanterns;
"Municipal Law Enforcement Officer" means a person appointed by the
Township under s. 15 of the Police Services Act, R.S.O. 1990, c. P.15, as
amended;
"Open Air Fire" means any fire that takes place outside of a Building or structure;
"Owner" means the registered owner of a property;
"Permit" means a permit issued by the Chief Fire Official to permit a person
to set, light, ignite and maintain an Open Air Fire;
"Person" means an individual or corporation;
"Prohibited Material" means materials that are, but not limited to, automobile
and truck bodies, tires, oil, grease, paint, rags, plastics, wire, leaves, asphalt
shingles, rubber, construction materials, insulation, flammable or combustible
liquids or accelerants, paper, cardboard, treated, painted or laminated wood,
grass, straw or hay;
"Recreational Fire" means an Open Air Fire that complies with the provisions of
section 20 of this by-law, but does not include a Beach Fire;
"Settlement Area" means the Primary Urban Community of Lucknow and Ripley,
the Secondary Urban Community of Lakeshore and the Hamlet Community of
Amberley, Holyrood, Kinloss, Kinlough, Pine River and Whitechurch as defined in
accordance with the Township's Official Plan;
"Tenant" means a person who holds, occupies, or possesses a property by any
kind of right or title, such as from a landlord under a lease for at least (3) months;
"Township" means The Corporation of the Township of Huron-Kinloss;
General Prohibitions
2.
No person shall set, light, ignite, or maintain an Open Air Fire, or permit an Open
Air Fire to be set, lit, ignited or maintained, at any time, without first obtaining a
Permit, unless it is a Recreational Fire.
3.
No person shall set, light, ignite, or maintain an Open Air Fire, or permit an Open
Air Fire to be set, lit, ignited or maintained, at any time, in a Settlement Area,
unless it is a Recreational Fire.
4.
No person shall offer for sale, set, light, ignite or maintain a Flying Lantern, or
permit a Flying Lantern to be sold, set, lit, ignited or maintained, at any time.
5.
No person shall leave an Open Air Fire unattended or unsupervised at any time.
6.
No person shall set, light, ignite, or maintain an Open Air Fire, or permit an Open
Air Fire to be set, lit, ignited or maintained, before sunrise or after sunset, unless
it is a Recreational Fire or a Beach Fire.
7.
No person shall light, ignite, or maintain an Open Air Fire, or permit an Open Air
Fire to be set, lit, ignited or maintained, in an area that could potentially endanger
any Buildings or structures or any persons located nearby, in or occupying those
Buildings or structures.
8.
No person shall use, or cause to be used, any Barbeque of any kind on any
balconies of multi-residential Building.
9.
No person shall set, light, ignite, or maintain an Open Air Fire, or permit an Open
Air Fire to be set, lit, ignited or maintained, which creates a nuisance for any
person such as, but not limited to:
(a)
excessive smoke or odour;
(b)
a decrease in visibility on any highway; or,
(c)
a rapid spread of fire through grass, brush or any wooded area.
10.
No person shall set, light, ignite, or maintain an Open Air Fire, or permit an Open
Air Fire to be set, lit, ignited, or maintained, during a Fire Ban.
Fire Bans
11.
The Chief Fire Official may declare a Fire Ban in the Township at any time by
posting a notice of the Fire Ban on the Township's official website prior to or at
the time of the Fire Ban taking effect.
Permits
12.
An application for a Permit under this by-law shall be in the form prescribed by
the Chief Fire Official.
13.
No person under the age of eighteen (18) years may apply for, or obtain, a
Permit.
14.
Following the receipt of an application for a Permit, the Chief Fire Official may
approve or refuse a Permit or may approve a Permit with such conditions as
are necessary, as determined by the Chief Fire Official.
15.
Permits shall expire on December 31st of each year.
16.
The Chief Fire Official may suspend or revoke a Permit at any time:
(a)
for non-compliance with this by-law;
(b)
for non-compliance with one or more of the conditions of the Permit; or
(b)
if a dangerous condition exists at or near the proposed site for the Open
Air Fire.
17.
All Permits shall be deemed to be suspended during a Fire Ban. At the
discretion of the Chief Fire Official, Recreational Fires or Beach Fires may be
exempted from a Fire Ban and this section.
Open Air Fire Regulations
18.
In order to obtain a Permit, the property on which the Open Air Fire is to occur
must comply with the following, except if it is a Recreational Fire or a Beach
Fire:
(a)
the property must be outside of any Settlement Areas;
(b)
the property must have a lot size greater than 1 acre (0.4047 hectares);
and,
(c)
the sole purpose of the Open Air Fire must be the disposal of materials
other than Prohibited Materials.
19.
A person who obtains a Permit, shall comply with the following regulations at all
times, except if the Permit relates to a Recreational Fire or a Beach Fire:
(a)
Open Air Fires shall not be set, lit, ignited or maintained, within 100 feet (30 meters) of
any public roadway, property line, building or structure, grass, grain field, bush, or wood
lot;
(b)
Open Air Fires shall not exceed 20 feet (6 meters) in diameter, or an
area of 20 ft. x 20 ft. (6m x 6m);
(c)
the stacked height of the materials to be burned in an Open Air Fire
shall not exceed 6 feet (2 meters);
(d)
Open Air Fires shall not be set, lit, ignited or maintained, if winds
exceed 10 mph (16 km/h);
(e)
All persons conducting an open-air burn shall post a sign at the primary
entrance to the property, clearly visible from the roadway, stating
'Controlled Burn in Progress' for the duration of the burn;
(f)
Appropriate extinguishing agents (eg. Water hose, sand, fire
extinguishers, tractors and/or plows) shall be on-hand at all times during
the preparation of the Open Aire Fire, while the Open Air Fire is underway,
and until the Open Air Fire is fully and completely extinguished.
20.
Recreational Fires shall comply with the following regulations at all times:
(a)
Recreational Fires must be in Approved Fire Pits;
(b)
Recreational Fires shall not exceed 3.28 feet (1 meter) in diameter, or an
area of 3.28 ft. x 3.28 ft. (1m x 1m);
(c)
the stacked height of materials being burned in a Recreational Fire shall
not exceed 3.28 feet (1 meter) in height;
(d)
Recreational Fires may only be used for warmth or the cooking of food;
(e)
only Firewood may be used as the combustible material in a Recreational
Fire;
(f)
Recreational Fires shall not be set, lit, ignited or maintained, within 10 feet
(3 meters) of any public roadway, building or structure, grass, grain field,
bush, or wood lot;
(g)
Recreational Fires shall not be set, lit, ignited or maintained if winds
exceed 10 mph (16 km/h);
(h)
appropriate extinguishing agents (e.g. water hose, sand, fire extinguishers,
tractors and/or plows) shall be on-hand at all times during the preparation
of the Recreational Fire, while the Recreational Fire is underway, and until
the Recreational Fire is fully and completely extinguished; and,
(i)
Recreational Fires shall only be set, lit, ignited or maintained on a property
with the consent of the Owner and evidence of such consent shall be
provided to the Township, in writing, upon request, or else the Recreational
Fire shall be immediately extinguished.
Beach Fires
21.
Notwithstanding any other provision of this by-law:
(a)
one must apply for and obtain a Permit for a Beach Fire in accordance
with the provisions of this by-law;
(b)
only Owners or Tenants of property within the Township may apply for and
obtain Permits for Beach Fires;
(c)
Beach Fires shall comply, at all times, with the provisions of sections
20(a) to 20(h) of this by-law and, where those provisions use the term
"Recreational Fires", for the purposes of this section, the term "Beach
Fires" shall be substituted;
(d)
Beach Fires shall not be located on the beach so as to disturb
pedestrians, vegetation or sand dunes; and,
(e)
Beach Fires shall be completely extinguished following their use, the
area surrounding the Beach Fire shall be cleaned and cleared of all
waste or refuse, and the extinguished Beach Fire shall then covered with
sand.
21.1 Upon application in writing to the Chief Fire Official, an individual applying for
an Open Air Fire Permit may request specific exemptions from the requirements
contained within the Open Air Burning By-Law Number 2016-139. The Chief
Fire Official is hereby given authority to approve reasonable exemptions under
the By-Law within their sole discretion and may require specific conditions of
the exemption as determined by the Chief Fire Official. Exemptions will be for
a specified time period and will be written in detail on the issued Fire Permit.
Exemptions shall only be considered for Agricultural, Construction or Forestry
related business operations.
Exemptions
22.
This by-law shall not apply to:
(a)
the Township of Huron-Kinloss;
(b)
the Fire Department of the Township for the purposes of live fire training
exercises and operational requirements; or,
(c)
the County of Bruce.
Inspection
23.
A Police Officer, Municipal Law Enforcement Officer and/or the Chief Fire Official
may enter upon land and/or into structures at any reasonable time to inspect the
land and/or structures to determine whether this by-law is being complied with.
24.
Prior to a Permit being issued under this by-law, the Chief Fire Official may
require an inspection of the property for which an Open Air Fire Permit is being
applied and/or inspect the materials that are proposed to be burned.
Order to Discontinue Activity
25.
If the Township is satisfied that a contravention of this by-law has occurred, the
Township may make an order requiring the person who contravened the by-law
or who caused or permitted the contravention or the owner or occupier of the land
on which the contravention occurred to discontinue the contravening activity.
26.
An order made under s.25 of this by-law shall set out:
(a)
reasonable particulars of the contravention adequate to identify the
contravention and the location of the land on which the contravention
occurred; and,
(b)
the date by which there must be compliance with the order.
27.
Any person who contravenes an order under s. 25 of this by-law is guilty of an
offence.
Work Order
28.
If the Township is satisfied that a contravention of this by-law has occurred, the
Township may make an order requiring the person who contravened the by-law
or who caused or permitted the contravention or the owner or occupier of the land
on which the contravention occurred to do work to correct the contravention.
29.
An order under s. 28 of this by-law shall set out:
(a)
reasonable particulars of the contravention adequate to identify the
contravention and the location of the land on which the contravention
occurred; and,
(b)
the work to be done to correct the contravention and the date by which the
work must be done.
30.
An order under s.28 of this by-law may require work to be done even though the
facts which constitute the contravention of this by-law were present prior to the
date on which this by-law came into force.
31.
A person who contravenes an order under s.28 of this by-law is guilty of an
offence.
Remedial Action
32.
If a person fails to do a matter or thing, including comply with an order under this
by-law, as directed or required by this by-law, the Township may, in default of it
being done by the person directed or required to do it, the matter or thing shall
be done at the person's expense.
33.
The Township may recover the costs of doing a matter or thing from the person
directed or required to do it by action or by adding the costs to the tax roll and
collecting them in the same manner as property taxes.
34.
The costs outlined in s. 33 of this by-law shall include interest calculated at a rate
of 15 per cent or such lesser rate as may be determined by the Township,
calculated for the period commencing on the day the Township incurs the costs
and ending on the day the costs, including the interest, are paid in full.
35.
The amount of costs, including interest, constitutes a lien on the land upon the
registration in the proper land registry office of a notice of lien. The lien is in
respect of all costs that are payable at the time the notice is registered plus
interest accrued at the rate established under s. 34 to the date the payment is
made. Upon receiving the payment of all costs payable plus interest accrued to
the date of payment, the Township shall register a discharge of the lien in the
proper land registry office.
Enforcement
36.
This by-law may be enforced by Municipal Law Enforcement Officers, the Chief
Fire Official or Police Officers.
Penalties
37.
Any person who contravenes a provision of this by-law is guilty of an offence
and, upon conviction, is liable to a fine and as provided for in the Provincial
Offences Act, R.S.O. 1990, c. P.33.
38.
When a person has been convicted of an offence under this by-law, any court of
competent jurisdiction thereafter may, in addition to any other penalty imposed,
make an order prohibiting the continuation or repetition of the offence by the
person convicted.
Fees & Charges
39.
Council may impose fees and charges to recover its costs in relation to the
administration and enforcement of this by-law.
40.
Annual fees may be charged for each Permit application in accordance with the
Township's current Consolidated Fees By-law.
41.
Every person who contravenes this by-law, or who fails to extinguish an Open Air
Fire once ordered to do so by the Chief Fire Official, shall, in addition to any
penalty provided herein, be liable to the Township for all expenses incurred for
the purpose of investigating, controlling and extinguishing the Open Air Fire which
includes all expenses relating to vehicles, wages or other firefighting costs, and
such expenses may be recovered by Court action or in a like manner as municipal
taxes.
Short Title
42.
This by-law shall be known as the "Open Air Burning By-Law".
Severability
43.
If a Court of competent jurisdiction should declare any section or part of a section
of this by-law to be invalid, such section or part of a section shall not be
construed as having persuaded or influenced Council to pass the remainder of
this by-law and it is hereby declared that the remainder of this by-law shall be
valid and shall remain in full force and effect.
Coming Into Force
44.
This by-law shall come into force and effect upon the date in which it is passed
by Council.
Repeal
43.
The Township of Huron-Kinloss By-Law No. 2016-93 shall be repealed upon the
passing of this by-law.
Read, Enacted, Signed and Sealed this 19th day of December, 2016.
Original Signed by Mitch Twolan
Mayor
Original Signed by Sonya Watson
Clerk