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THE CORPORATION OF THE CITY OF MISSISSAUGA
Open Air Burning
By-law 0140-2018
(Amended by By-law 0059-2026)
WHEREAS Council of The Corporation of the City of Mississauga ("Council") is empowered
under section 7.1(1) of the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4, as amended,
(the "FPPA") to pass by-laws regulating fire prevention, including the prevention of the spreading of
fires;
AND WHEREAS Council is empowered under section 7.1(1) of the FPPA to pass by-laws
regulating the setting of open air fires, including establishing the times during which open air fires
may be set;
AND WHEREAS Council is empowered under section 7.1(4) of the FPPA to 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 this section are being
complied with;
AND WHEREAS Council is empowered under section 11(2) of the Municipal Act, 2001, c.
25 to pass by-laws respecting the environmental well-being of the municipality, the health, safety,
and well-being of persons, and the protection of persons and property;
AND WHEREAS Council is empowered under section 128 of the Municipal Act, 2001, S.O.
2001, c.25, as amended, to pass by-laws to prohibit and regulate public nuisances, including
matters that, in the opinion of Council, are, or could become or cause public nuisances;
AND WHEREAS Council considers excessive smoke, smell, airborne sparks or embers to
be or could become or cause public nuisances by creating negative health effects on neighbouring
residents, increasing fire exposure hazards, infringing the enjoyment of the use of neighbouring
properties and generating false fire alarms;
AND WHEREAS on April 29, 2026, Council passed Resolution 0089-2026 approving
General Committee Recommendation GC-0224-2026 to amend the Open Air Burning By-law to
define 'Ceremonial Fire' and to permit Ceremonial Fires without the requirement for a permit issued
by the Fire Chief, to revise open air burning prohibitions to align with current provincial air quality
advisory indexes, to define 'City-wide Open Air Burning Restriction' and to authorize the Fire Chief
or their designate to issue a City-wide Open Air Burning Restriction, with exceptions for ceremonial
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and cooking fires, for periods when there is an elevated risk condition, as determined by the Fire
Chief or their designate
NOW THEREFORE, the Council of The Corporation of the City of Mississauga ENACTS as
follows:
PART I
DEFINITIONS
1.
In this By-law,
"Ceremonial Fire" means a fire that is held in accordance with traditional and cultural
protocols and supervised by a sanctioned fire keeper or equivalent conductor. (0059-2026)
"City" means The Corporation of the City of Mississauga;
"City wide Open Air Burning Restriction" means a period of time during which the Fire
Chief determines that, due to elevated risk conditions, Open Air Burning is prohibited within
the geographic limits of the City. (0059-2026)
"Cooking Fire" means an Open Air fire used for the purpose of cooking food on a grill but
does not include a manufactured barbeque.
"Fire Chief" means the Chief of the Fire and Emergency Services Division of the City, or his
or her designate.
"Firefighter" means the Fire Chief and any other person employed in, or appointed to, the
Fire and Emergency Services Division of the City, and assigned to undertake fire protection
services.
"Ground Cover" includes but is not limited to, leaves, grasses, weeds, tree needles or
wood chips on the ground.
"Nuisance" means excessive smoke, smell, airborne sparks, ash, particulate matter, or
embers that is likely to disturb others.
"Officer" means any Firefighter, any municipal law enforcement officer appointed by the
City, and any member of the Peel Regional Police.
"Open Air" means any open place, yard, field or construction area which is not enclosed by
a building or structure.
"Open Air Burning" means a fire set in the Open Air.
"Outdoor Appliance" means a manufactured non-combustible solid fuel burning device
that:
(a)
is not contained within a building;
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(b)
is wholly or partly enclosed; and
(c)
has a chamber intended to contain combustion, and may include a stack to direct
the flow of air or combustion gases from the appliance and may include, but is
not limited to, appliances such as stoves, furnaces, boilers, fireplace inserts,
smokers or ovens.
"Outdoor Fireplace" means a manufactured non-combustible, wholly-enclosed or partially-
enclosed container designed to hold a small fire for decorative purposes and the size of
which is not larger than 1 meter in any direction, and may include, but is not limited to,
chimineas, and which is not fueled by natural gas or propane.
"Outdoor Fire Pit" means a manufactured or non-manufactured, non-combustible,
contained pit that is not fueled by natural gas or propane and is designed to hold a small fire
for decorative purposes and the size of which is not larger than 1 meter in any direction.
"Owner" means the registered owner or any person, firm or corporation having control over,
or possession, of any portion of the building or property under consideration and includes
the persons in the building or property.
"Permit" means a permit issued by the Fire Chief to set a fire in the Open Air for a specified
time period.
"Person" means an individual, business, a partnership, or a corporation.
"Smog Alert" means an alert issued by the Ministry of Environment with respect to air
quality.
"Smoke House" means a fixed structure designed to hold a small fire to cook or cure food
with smoke.
ADMINISTRATION
2.
The Fire Chief shall be responsible for the administration and enforcement of this By-law.
ENVIRONMENT
3.
All Open Air Burning shall comply with the provisions of the Environmental Protection Act,
R.S.O. 1990, c.E.19, as amended.
4.
No Person shall set or maintain Open Air Burning when an Air Quality Warning or Special Air
Quality Statement has been issued by the Ontario Ministry of the Environment, Conservation
and Parks, and Environment and Climate Change Canada or successor(s) for the forecast
region of Halton-Peel, which includes the City of Mississauga. (0059-2026)
4.1
The Fire Chief shall have the authority to issue a City-wide Open Air Burning Restriction
during any period of elevated risk associated with Open Air Burning, as determined by the
Fire Chief. (0059-2026)
4.2
Notwithstanding any condition in this By-law under which Open Air Burning is permitted, no
Person shall set or maintain Open Air Burning, except as set out in subsections 10(1) and
10.1(1), when a City-wide Open Air Burning Restriction is in effect. (0059-2026)
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PART II
FIRES REQUIRING PERMITS
5.
Except as provided in Part III of this By-law, no person shall set, maintain, or cause to be
set or maintained, a fire in the Open Air unless a Permit has been issued by the Fire Chief.
6.
(1)
An application for a Permit must be completed on the forms provided by the Fire and
Emergency Services Division of the City.
(2)
Each completed application for a Permit must be submitted to the Fire and
Emergency Services Division of the City and accompanied by the appropriate fees as
set out in the applicable City of Mississauga Fees and Charges By-law.
7.
(1)
Except as otherwise provided in the Permit issued under this Part, a Permit holder
shall not set or maintain Open Air Burning, or cause Open Air Burning to be set or
maintained:
(a)
between sunset and sunrise;
(b)
at a distance of less than fifty (50) meters from any building, structure,
property line, tree, hedge, fence, roadway, overhead wire or other
combustible article;
(c)
if the wind velocity is greater than twenty four (24) kilometers per hour;
(d)
that exceeds one square meter in area;
(e)
that exceeds one meter in height;
(f)
within five (5) meters of any combustible ground cover;
(g)
without a fire extinguisher, operable garden hose, or other suitable means of
extinguishment available; (0059-2026)
(h)
if it creates a Nuisance; or (0059-2026)
(i)
when a City-wide Open Air Burning Restriction is in effect. (0059-2026)
(2)
In issuing a Permit under this Part for Open Air Burning, the Fire Chief may impose
any additional requirements or exempt any conditions under section 8 of this By-law
as the Fire Chief considers necessary in the interest of public safety, or to minimize
inconvenience to the general public, or advisable in the circumstances, or to give
effect to the objects of this By-law.
8.
The holder of a Permit issued under this Part shall:
(1)
maintain constant watch and control over the Open Air Burning from the time of the
setting of the fire until the fire is totally extinguished; and
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(2)
produce the Permit on demand to an Officer conducting an inspection of Open Air
Burning.
PART III
OUTDOOR FIREPLACES, OUTDOOR APPLIANCES, OUTDOOR FIRE PITS, SMOKE HOUSES
9.
(1)
An Outdoor Fireplace, Outdoor Appliance, Outdoor Fire Pit or Smoke House may be
operated without a Permit between sunrise and 11 p.m. if:
(a)
it is located at a distance of not less than five (5) meters between such
Outdoor Fireplace, Outdoor Appliance, Outdoor Fire Pit, or Smoke House
and any building, structure, property line, tree, hedge, fence, roadway,
overhead wire, or other combustible article;
(b)
it is located on a non-combustible surface extending beyond the unit to a
dimension equal to the height of the unit;
(c)
the size of the combustion area of the Outdoor Fireplace, Outdoor Appliance,
Outdoor Fire Pit or Smoke House is not larger than 1 meter (3.2 feet) in any
direction;
(d)
it does not create a Nuisance;
(e)
a portable fire extinguisher or operable garden hose is available while the
unit is in operation; and
(f)
the Owner or person otherwise overseeing the Outdoor Fireplace, Outdoor
Appliance, Outdoor Fire Pit, or Smoke House maintains constant watch and
control over the fire from the time of the setting of the fire until the fire is
totally extinguished.
COOKING FIRES
10.
(1)
A person may set or cause to be set or maintained a Cooking Fire without obtaining
a Permit between sunrise and 11 p.m., provided that:
(a)
the fire is not more than 0.3 meters by 0.3 meters in size and not more than
0.3 meters in height;
(b)
the fire is located at a distance of not less than five (5) meters between the
fire and any building, structure, property line, tree, hedge, fence, roadway,
overhead wire or other combustible article;
(c)
the wind velocity is not greater that twenty four (24) kilometers per hour;
(d)
there is no combustible ground cover within five (5 ) meters of the fire;
(e)
the fire does not create a Nuisance;
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(f)
a fire extinguisher, operable garden hose, or suitable means of
extinguishment is available while the fire is burning; and
(g)
the Owner or person setting the Cooking Fire maintains constant watch and
control over the Cooking Fire from the time of the setting of the fire until the
fire is totally extinguished.
CEREMONIAL FIRES (0059-2026)
10.1
(1)
A person may set or cause to be set or maintained a Ceremonial Fire without
obtaining a Permit. (0059-2026)
PART IV
ENFORCEMENT
11.
(1)
A person is guilty of an offence if the person:
(a)
furnishes false information in an application for a Permit under this By-law;
(b)
contravenes any provision of this By-law; or
(c)
contravenes an order issued under section 15.
(2)
A person who is convicted of an offence under this by-law is liable to a fine and
penalty as pursuant to the provisions of the Provincial Offences Act, R.S.O. 1990,
c.P.33.
12.
A Permit issued under this By-law may be revoked by an Officer if the Permit holder fails to
comply with the requirements of the Permit or any other provision of this By-law.
13.
In accordance with section 7.1 of the FPPA, an Officer may enter upon land and into
structures at any reasonable time to inspect the land and structures to determine whether
this by-law is being complied with.
14.
For the purposes of an inspection pursuant to s. 13 above, an Officer may:
(1)
require the production for inspection of documents or things relevant to the
inspection;
(2)
inspect and remove documents or things relevant to the inspection for the purpose
of making copies or extracts;
(3)
require information from any person concerning a matter related to the inspection;
and
(4)
alone or in conjunction with a person possessing special or expert knowledge, make
examinations or take tests, samples or photographs necessary for the purposes of
the inspection
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15.
An Officer may order a fire to be extinguished immediately if the fire:
(1)
is not set in compliance with this By-law;
(2)
is determined upon inspection by the Officer to constitute a safety hazard or
concern; or
(3)
is not set in compliance with a Permit.
VALIDITY
16.
If a court of competent jurisdiction declares any provision or a part of a provision of this By-
law to be invalid or to be of no force and effect, it is the intention of Council that the
remainder of the By-law shall continue to be in force.
SHORT TITLE
17.
This By-law shall be known as the Open Air Burning By-law.
REPEAL
18.
(1)
City of Mississauga By-law 49-03, as amended, is repealed.
(2)
Notwithstanding subsection (1), all permits issued pursuant to By-law 49-03, as
amended, shall remain in full force and effect during the period for which they have
been issued, unless the permit is revoked, forfeited, or suspended for any reason
aside from the repeal of By-law 49-03.
(3)
Any penalty incurred, any investigation, legal proceeding or remedy under By-law
49-03, as amended, may be continued to be enforced as if By-law 49-03 as
amended, had not been repealed.
ENACTED AND PASSED this 4TH day of July, 2018.
Signed by Bonnie Crombie, Mayor and Diana Rusnov, City Clerk