This is the exact embedded text of the captured official document.
Snapshot 2f2a20023eb0 · verified 2026-06-09 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
THE CORPORATION OF THE TOWNSHIP OF LAIRD
BY-LAW #952-14
BEING A BY-LAW TO CONTROL OPEN AIR BURNING IN THE
CORPORATION OF THE TOWNSHIP OF LAIRD
WHEREAS Section 102 of The Municipal Act, R.S.O. 1990 as amended, provides
that Council may pass by-laws and make regulations for the health, safety, morality
and welfare of the inhabitants of the municipality;
AND WHEREAS the Council of The Corporation of the Township of Laird deems it
expedient to control open air burning for protecting inhabitants, property owners and
property in the Municipality;
AND WHEREAS The Corporation of the Township of Laird desires that burning
permits are issued to control open air burning within the jurisdiction of the
municipality;
NOW THEREFORE the Council of The Corporation of the Township of Laird
ENACTS AS FOLLOWS:
1.
THAT for the purposes of this By-law "Officer" means the Fire Chief,
Deputy Fire Chief, or Fire Wardens as appointed by Council.
2.
THAT Residents and Taxpayers of the Township of Laird obtain a
Burning Permit, as set out in Schedule "A", for Open Air burning
except for cooking and warmth, within the municipality during the
period April 1 to October 31 of each year and shall keep the permit at
the fire site at all times during any burning operation and shall present
the permit for inspection to any Fire Officer or Fire Warden upon
demand.
3.
THAT this by-law be enforced in accordance with the legislation and
regulations of the Forest Fire Prevention Act (F.F.P.P.) and the Fire
Protection and Prevention Act (F.P.P.A.);
4.
THAT enforcement of any offence under this by-law will be
conducted as set out by the F.F.P.A. and/or F.P.P.A.;
5.
THAT this by-law will be enforced by Officers of the Municipality
being the Fire Chief, Deputy Fire Chief, or Fire Wardens;
6.
THAT permits for daytime burning, as set out in Schedule "C", will
only be issued for very special circumstances after the site has been
inspected and approved by the Fire Chief, or Deputy Fire Chief.
7.
THAT NOTWITHSTANDING a Restricted Fire Zone being
declared by the Ministry of Natural Resources, the Fire Chief or a
Deputy Fire Chief of the Municipality may declare a Fire Ban on all
Open Air Burning except for cooking and warmth where the fire is
contained in an approved installation as defined under the F.F.P.A. and
Laird Township will be notified of such Fire Ban;
8.
THAT contravention of any part of this by-law will result in fines
and/or charges as specified in Schedule "B" attached to and forming
part of this by-law;
9.(1)
THAT where an officer under this by-law or a fire warden finds on
any land, building, structure or equipment a condition that, in his or
her opinion, may cause danger to life or property from fire, the officer
may order the owner or person in control thereof or the person who
has caused the condition to take such action as the officer considers
necessary to remedy the condition, and in default the officer, with such
assistants as he or she requires, may remedy the condition;
9.(2)
THAT the cost and expense of any action taken by an officer and his
or her assistants under subsection (1) shall be paid by the owner or
person in control of the land or the person who has caused the
condition and are recoverable by the Corporation of the Township of
Laird in any court of competent jurisdiction.
10.(1) THAT every person who disobeys or refuses or neglects to carry out
any of the provisions of this by-law or the regulations or of any order
made thereunder or any condition of any permits issued thereunder is
guilty of an offence and on conviction is liable to a fine of not less
than $100.00 and such person is also liable to the Municipality for any
cost and expenses incurred by the Municipality in endeavoring to
disobedience, refusal or neglect.
10.(2) THAT the cost and expenses for which a person is liable under
subsection (1) are recoverable with the costs in any court of competent
jurisdiction as a debt due, but where the amount claimed does not
exceed the monetary limit of the Small Claims court and proceedings
are taken under the Provincial Offences Act in respect of the
disobedience, refusal or neglect, the court, upon making a conviction,
may order payment of such amount to the Municipality and every such
order may be enforced in the same manner as a Small Claims Court
judgement.
11.
AND THAT the Council of the Municipality may make regulations:
1.
regulating of prohibiting outdoor fires;
2.
regulating or prohibiting operations specified by the
regulations;
3.
governing the issue, form, refusal and cancellation of
permits or any class of them and prescribing their terms
and conditions;
4.
designating classes of operations and activities and
governing the equipment, staff and precautions to be
provided or observed in respect of fire prevention or
suppression by persons engaged in any class of
operation or activity;
5.
prescribing fees for the issuance of permits;
6.
governing the use of fire during a restricted fire zone.
By-law 813-03 is hereby rescinded.
READ and passed in open Council this 20th day of August, 2014.
_________________________
_________________________
"SCHEDULE A" TO BY-LAW #952-14
THE CORPORATION OF THE TOWNSHIP OF
LAIRD
FIRE PERMIT
EMERGENCY NUMBERS:
R. R. #4
Fire Dept: 911
Echo Bay, ON
M.N.R. Fire: 1-888-863-3473
P0S 1C0
No:
Date: ..............................................
AUTHORITY is hereby granted to................................................................................................
ADDRESS .................................................................................................. to start a fire upon the
following described lands ............................................................... from two hours before sunset to two
hours after sunrise from the ...............day of .................................., to the 31st day of October,
inclusive.
Subject to the conditions as printed on the reverse side of this permit and the following special
conditions:
USE EXTREME CAUTION WHEN DRY AND WINDY
DO NOT BURN IF WINDS ARE OVER 16 KM (10 Miles per hour)
NO DAYTIME BURNING
The amount to be burned at any one time shall not exceed one hectare (2.5 acres) or two piles, not to
exceed 2m in diameter and less than 2m high (6ft).
I, the undersigned have read and agree to comply with the conditions herein before stated and the
conditions contained on the reverse side of this Permit.
The Corporation of the Township of Laird
........................................................
............................................................
(Signature of Permittee) (Signature)
............................................
...............................................
(Phone Number) (Title)
SEE REVERSE SIDE OF THIS PERMIT
"
SCHEDULE A" TO BY-LAW 952-143 (REVERSE SIDE)
GENERAL CONDITIONS TO BE COMPLIED WITH BY
PERMITTEE
1.
The permittee shall keep the permit at the site of the burning operation
conducted under this permit and shall show the permit upon request to
any person in proper authority.
2.
The permittee shall have at the location of the fire sufficient persons and
firefighting equipment to control the fires and the permittee assumes full
responsibility for determining the sufficiency of persons and equipment.
3.
The permittee shall keep the fire at least 15 metres from any structure
and 5 metres from any combustible material (trees, grass, woodpiles,
etc.).
4.
The permittee shall not leave the site of the fire until the fire has been
completely extinguished.
5.
The permittee shall be responsible to determine if restricted fire zone
conditions are in effect.
6.
The permittee assumes full responsibility for all damages of every nature
and kind which may arise as a result of the fire set by the permittee and
irrevocably agrees to indemnify and save harmless the Township from
any claims made against the Township in consequence of damages
arising from the fire set by the permittee.
7.
The Township may cancel or suspend the fire permit at any time and
immediately upon receiving notice of such cancellation or suspension the
permittee shall extinguish any fire started under the permit.
8.
Any costs and expenses incurred by the Township or any Provincial
Authority in controlling or extinguishing the fires set by the permittee
shall be paid by the permittee.
9.
Every person who fails to comply with the terms of this permit is guilty
of an offence under the Forest Fire Prevention Act, and/or the Ontario
Fire Code and upon conviction is liable to a fine or to imprisonment as
provided in the said legislation.
THE CORPORATION OF THE TOWNSHIP OF LAIRD
SCHEDULE "B" TO BY-LAW #952-14
Schedule of Fines and Charges:
1.
Permit Offences-burning without a permit
2. Of By-law $100.00
2.
Permit Offences-Permit not at site
2. Of By-law $100.00
3.
Permit Offences-Failing to produce permit 2. Of By-law $100.00
4.
Insufficient Persons at fire or unattended fire 1(2) Reg.
$100.00
5.
Fail to completely extinguish fire before
Leaving site
1(3) Reg.
$200.00
6.
Burning during a restricted fire zone or fire
Ban
6. Reg.
$200.00
7.
Burning contrary to condition(s) on permit 8(a) Reg.
$100.00
8.
Burning contrary to condition(s) on
attachment to permit
8(b) Reg.
$100.00
9.
Permitting fire to go out of control
11. Reg.
$200.00
THE CORPORATION OF THE TOWNSHIP OF LAIRD
REGULATIONS FOR OPEN AIR BURNING FOR BY-LAW #952-14
1.(1)
No person shall start a fire outdoors unless conditions will allow the fire to
burn safely from start to extinguishment.
(2)
No person who starts a fire outdoors shall leave the fire without leaving a
person in charge of the fire.
(3)
A person who starts a fire outdoors or, if the person who started the fire is not
present, a person in charge of a fire outdoors shall take all necessary steps to
tend the fire, keep the fire under control, and extinguish the fire before leaving
the site.
2.
No person shall start a fire outdoors during the fire season for the purpose of
burning piled wood, brush, leaves or discarded wood by-products unless,
(a) a responsible person is available to tend the fire until it is extinguished;
(b) the material is burned in a pile that is less than two meters in diameter and
less than two meters high or as an inspector deems appropriate having
regard for all conditions;
(c) the fire is started two hours before sunset, or later and is extinguished two
hours after sunrise the following day, or earlier;
(d) the fire is a least five meters from any flammable materials; and
(e) the person tending the fire has tools and water adequate to contain the fire
within the fire site.
3.(1)
No person shall burn wood, brush, leaves or discarded wood by-products in
incinerator unless;
(a) the incinerator is an enclosed device constructed entirely of non-
combustible material;
(b) the incinerator is at least five meters from any forest or woodland;
(c) the incinerator is at least two meters from any flammable material; and
(d) the outlet of the incinerator is covered with a screen having a mesh size of
not more than five millimeters
(2)
A person who starts a fire in an incinerator shall ensure that a responsible
person monitors the fire until it is extinguished.
4.(1)
No person shall start a fire outdoors during the fire season for the purpose of
burning grass or leaf litter.
(2)
subsection (1) does not apply to a person starting the fire on property he or she
lawfully occupies if,
(a) the total area to be burned does not exceed one hectare;
(b) a responsible person is available to tend the fire until the fire is
extinguished;
(c) the length of flaming edge does not exceed 30 meters;
(d) at least 2 persons for every 30 meters of flaming edge of burning site;
(e) the fire is started two hours before sunset, or later, and is extinguished two
hours after sunrise the following day, or earlier; and
(f) the person tending the fire has tools and water adequate to contain the fire
(3)
Subsection (1) does not apply to a person who starts a fire with the permission
of the person who has lawful occupation of the property on which the fire is
started and in respect of which the conditions set out in subsection (2) are met.
5.(1)
An officer may issue, to a person who is prohibited from starting a fire by the
operation of section 2, 3 or 4, a fire permit for a fire outdoors or in an
incinerator for the purpose of burning piled wood, brush, leaves or discarded
wood products;
5.(2)
Subject to section 6, a person who has a fire permit setting out special
circumstances and conditions may start a fire outdoors or in an incinerator for
the purpose of burning piled wood, brush, leaves or discarded wood products
even if the conditions set out in section 2, 3, or 4 are not met.
6.
No person shall start a fire outdoors or in an incinerator within an area
declared to be under a restricted fire zone or a fire ban even if the conditions
set out in section 2, 3 or 4 are met.
7.
(1) An officer may suspend or cancel a fire permit and may give notice of the
suspension or cancellation to the permittee or, in the absence of the permittee,
to the person tending a fire for which the permit was issued.
(2) A permittee or a person tending a fire who receives notice of a suspension
or cancellation of a fire permit shall immediately extinguish any fire started
under the permit.
8.(a)
No person shall burn in any manner, that contravenes any condition on the
permit issued for the burn
(b)
The municipality may attach conditions to a permit as set out in the
regulations and no person shall contravene any part of such attachment.
9.
Daytime Burning Permits will be issued for Very Special Circumstances
provided;
(1) The burning is required for a business, company, industry, corporation or a
farm as defined by Revenue Canada;
(2) Items to be burned are in such condition that allowing them to remain
would pose a risk to life or property.
(3) By nature of items to be burned, burning may take longer than 12 hours
and it would be impractical to require the burning to be extinguished then
re-ignited to complete the entire burn.
(4) By nature of the applicant, sufficient persons and equipment would be
more accessible during daytime hours in order to safely control the burn.
10.
Daytime Conditions;
(a) Items to be burned shall be piled in compliance with regulation Sec.2(b) or
as the instructor deems appropriate having regard for all conditions
(b) There shall be at least a five meter radius of mineral soil from the edge of
the burn, and encircling the burn site
(c) Any edge of the burn pile shall be no closer than 30 meters to any forest or
woodland
(d) For each pile of items to be burned there shall be at least 2 persons in
attendance at all times until the burn is completely extinguished.
(e) Each person required to be in attendance shall be equipped with a hand
shovel or hand rake in good working condition for the purposes of
controlling the burn
(f) There shall be at least 20 gallons of water for each burn pile on fire in
containers suitable for applying the water to the fire at all times.
(g) Where there is more than one pile to burn, any edge of any pile shall not
be closer than 15 meters to any other pile.
(h) There shall, at all times during the burn, be a means of communications
whereby a fire department may be summoned to the site.
(i) Any edge of the burn pile is not closer than five meters from any
flammable material
(j) The business, industry, company, corporation or farm, as defined by
Revenue Canada, requesting to burn during the daytime shall make
application in writing to do so indicating the name, address, phone number
of the business or company, the name of the person in charge of the site,
the type of communications intended to be used, the number of piles to be
burned and the number of persons and names of those persons intended to
be in attendance.
(k) The above application shall be made at the municipal office and given at
least 5 days prior to the proposed burn date.
(l) A permit to allow such a burn may be issued by the Fire chief, or Deputy
Fire Chief.
(m) The Fire Chief or Deputy Fire Chief shall enter the premises of the
proposed burn site and inspect same.
(n) Permission to allow the burn to begin is subject to the above inspection.
No burn shall commence without the above permission.
(o) The Fire Chief and Deputy Fire Chief may, at any time cancel the above
permit or permission and order the fire extinguished.
(p) The permit holder and all persons at the fire site shall comply with such
order immediately
(q) Where a permit holder is issued a permit for a period of time exceeding 24
hours, the permit holder shall notify the municipality prior to commencing
of burn.
(r) All of the above conditions apply to the permit holder where he or she is
burning vegetative growth in a field for every 60 meters of flaming edge.
(s) No burn, referred to in subsection (r) shall exceed 2 hectares of active fire
at any one time.
(t) Be it noted that the above conditions are a minimum standard, the officer
issuing the said permit may require further conditions, as he or she sees fit
considering all circumstances, prior to issuing the said permit.
11.
No person who is conducting a burn of piled wood, brush, discarded wood by-
products, grass, leaves, or wood, brush or discarded wood by-products in an
incinerator shall permit the fire to go out of control.
12.
No person shall conduct any open air burning during a restricted fire zone.
13.
Fire Permit Fees-
a)
Daytime Burning Fees-0
b)
Fire Permits-0
SCHEDULE "C" TO BY-LAW #952-14
THE CORPORATION OF THE TOWNSHIP OF LAIRD
DAY TIME BURNING PERMIT
Under By-law #813-03 of The Corporation of the Township of Laird and the Regulations to
Control Open Air Burning (specifically Sections 2(b) and 10), and subject to the limitations
thereof, and subject also to the terms and conditions herein, this permit is issued to:
NAME OF PERMITTEE
(CORPORATION)___________________________________________
ADDRESS:_________________________________________________________________
___
PHONE:___________________________________________________________________
___
LOCATION OF BURN (Property Description & Emergency
#)_____________________________
__________________________________________________________________________
___
DATE(S) OF
BURN:_____________________________________________________________
HOURS PERMITTED TO
BURN:___________________________________________________
AMOUNT to be burned at one time SHALL
NOTEXCEED__________ACRES__________PILES
being no larger than____________________________ in size.
PERSON IN CHARGE OF BURN SITE:
(Permittee):_________________________________________________________________
___
ADDRESS:_________________________________________________________________
___
PHONE:______________________________________CELL:________________________
___
THE PERMITTEE SHALL HAVE__________PERSONS IN ATTENDANCE AT ALL TIMES
DURING THE BURN TO CONTROL THE FIRE AT ALL TIMES.
THE PERMITTEE SHALL HAVE THE FOLLOWING EQUIPMENT ON
SITE:________________
IN SERVICEABLE CONDITION TO CONTROL THE FIRE AT ALL TIMES
SPECIAL REQUIREMENTS SPECIFIC TO THIS BURN
SITE/LOCATION:__________________
THE PERMITTEE WILL CONDUCT ALL BURNING UNDER THIS PERMIT IN
ACCORDANCE WITH SECTION 10 OF REGULATIONS FOR OPEN AIR BURNING (As
shown attached to this form).
THE PERSON IN CHARGE OF THE BURN, WHO SIGNS THIS PERMIT WILL BE
RESPONSIBLE FOR THE BURN AT ALL TIMES AND WILL KEEP THE FIRE UNDER
CONTROL AT ALL TIMES.
SITE INSPECTED
BY:___________________________________________________________
DATE:_________________________________TIME:_______________________________
___
DATE OF
ISSUE:_______________________________________________________________
PERMITTEE
SIGNATURE:_______________________________________________________
ISSUING OFFICER
SIGNATURE:__________________________________________________
FEE $__________________
REPORT WILDFIRES TO 911 OR MINISTRY OF NATURAL RESOURCES 1-888-863-3473