This is the exact embedded text of the captured official document.
Snapshot 9d84cfbc09d9 · verified 2026-06-09 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
5545170
THE CORPORATION OF THE VILLAGE OF POINT EDWARD
BY-LAW NUMBER 18 of 2023
BEING A BY-LAW TO REGULATE
THE ESTABLISHMENT OF OPEN-AIR BURNING
WHEREAS the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4,
Section7(1) 1(a) (b), as amended states that a council of a municipality may pass
by-laws regulating fire prevention, including the prevention of the spreading of
fires, and regulating the settling of open-air fires, including establishing the times
during which open air fires may be set;
AND WHEREAS Section 2.4.4.4 of the Ontario Fire Code provides for the
prohibition of open air burning unless approved or unless such open air burning
consists of the use of a barbeque to cook food, provided such devices contain a
small, contained fire which is supervised at all times;
AND WHEREAS Section 5(3) of the Municipal Act, 2001, S.O. 2001, c.25, as
amended (the "Municipal Act") allows Councils of Municipalities to pass by-laws;
AND WHEREAS section 128(1) of the Municipal Act provides that without limiting
sections 9, 10 and 11, a local municipality may prohibit and regulate in respect to
public nuisances, including matters that, in the opinion of Council, are or could
become public nuisances;
AND WHEREAS section 129(a) of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that a local municipality may prohibit and regulate with
respect to noise, vibration, odour, dust, and outdoor illumination;
AND WHEREAS section 444 of the Municipal Act, provides that if a municipality
is satisfied that a contravention of a by-law has occurred, the municipality 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;
AND WHEREAS in section 446 of the Municipal Act, that if a municipality has
authority under the Act or under a bylaw under this or any other Act to direct or
require a person to do a matter or thing, the municipality may also provide that, 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;
AND WHEREAS the Council of the Corporation of the Village of Point Edward
deems it appropriate that open air fires could cause a public nuisance by creating
excessive smoke or odour, infringing on the enjoyment of neighbouring property
use, generating false alarms, and creating negative health effects on
neighbouring residents;
NOW THEREFORE the Council of the Corporation of the Village of Point Edward
hereby enacts as follows:
DEFINITIONS
"Acceptable Burn Materials" includes the following:
- commercially produced wood pellets, charcoal or briquettes
- small amounts of white or brown paper or cardboard used to start a
fire
- dry seasoned wood that has not been chemically treated, painted, or
stained
- purchased fire logs or purchased firewood sold for the purpose of
recreational campfires and not exceeding the maximum permitted
Recreational Fire dimensions defined in this By-Law
"Applicable Law" means any and all laws, by-laws, rules, orders, regulations,
guidelines and policies of the Municipality, the Province of Ontario and the
Government of Canada and includes any rules, regulations, orders, guidelines,
5545170
and policies of any governmental authority and/or any common law from a court
of competent jurisdiction.
"Complaint" for the purposes of this by-law means a complaint that meets the
requirements of sections 16 - 19.
"Cooking Appliance" means appliances including a Hibachi, a permanent
apparatus designed and intended solely for the cooking of food in the open air, a
commercially produced smoker, pizza oven, barbecue, but does not include any
appliances designed predominantly for personal warmth, including but not limited
to fire pits, campfires, Recreational Fire.
"Cooking Fire" means a small, confined fire that is supervised and used to cook
food on a Cooking Appliance including but not limited to a grill and/or barbeque;
"Flying Lanterns" means a small paper hot air balloon, fuelled by open flame.
"High Risk Period" means any period of time, when due to extreme dry, high
wind, poor weather conditions or any other conditions, as determined by the
Ontario Fire Marshall, the Village of Point Edward Fire Chief, or the Village of
Point Edward Fire and Rescue, and/or Village of Point Edward and their
designates.
"Municipality" means the Corporation of the Village of Point Edward.
"Nuisance" means excessive or unusual smoke, smell, airborne sparks, embers
likely to disturb others, or that is likely to reduce visibility on roads;
"Open Air Burning" means a fire set in the Open Air;
"Open Fire" means any open fire other than that defined as a " Cooking Fire" or
"Recreational Fire" under this By-Law.
"Air Quality Day" means any period of time when a Special Air Quality
Advisory has been listed by Environment Canada or other recognized
government health or meteorological agency.
"Prohibited Burn Materials" means any material other than as described under
"Acceptable Burn Materials" specifically prohibited under this By-Law and not to
be burned under any circumstances including but not limited to household waste,
human or animal excrement, leaves, grass, yard waste, treated lumber,
insulation, asphalt shingles or other construction materials, commercial by-
products such as those generated from wood working, deckbuilding or
landscaping businesses, tires, rubber, plastic, polystyrene like products,
petroleum, or any other potentially toxic waste material.
"Recreational Fire" means a small outdoor fire such as a campfire set within a
confined area or device including but not limited to an outdoor fireplace, non-
combustible container, fire pit, situated in a "Safe Location" and measuring no
more than 0.91metres (36 inches) in any dimension and shall be
supervised at all times.
"Restricted Area" means those lands within the Corporation of the Village of
Point Edward other than those areas zoned as a residential area in the Village of
Point Edward's Comprehensive Zoning By-law.
"Safe Location" means outdoors and not on a porch or balcony area that is
roofed or otherwise covered, or near dry vegetation, or in any place conducive to
unwanted development or spread of fire or explosion or supported by combustible
material. The Safe Location shall be a minimum of 3 metres vertically and
horizontally from any structure and a minimum of 3 metres from adjacent property
lines, trees, brush, and shrubs;
"Structure" shall mean anything that is erected, built or constructed of parts
joined together or requiring a foundation to hold it erect, but shall not include free
standing walls and fences;
5545170
"Village of Point Edward Enforcement Officers" means any representative of
the Village of Point Edward, including the Fire Chief or their representative, any
officer of the Ontario Provincial Police, any Manager of the Village, or the Chief
Administrative Officer of the Village, or their designates, any By-Law Officer as
appointed by by-law of the Village of Point Edward, or any Peace Officer.
"Village of Point Edward Fire Chief" means the Fire Chief of the Village of
Point Edward and Point Edward Fire and Rescue and/or his or her designates.
GENERAL PROVISIONS:
1.
This By- law shall apply to all property within the limits of the Village of Point
Edward and may be enforced on a complaint basis subject to the complaint
meeting the requirements for a complaint as set out in this by-law, by the Village's
Municipal By-Law Enforcement Officers, and the Village of Point Edward Fire Chief.
2.
No person shall set or maintain an Open Fire in contravention of any Applicable
Law including but not limited to the Ontario Fire Code, the Environmental Protection
Act R.S.O 1990, Chapter E. 19.
3.
Every person setting, permitting to be set, maintaining, or permitting to be
maintained a Recreational Fire under this By-law shall comply with the following
conditions:
a. Recreational Fires may, subject to the provisions of this By-law, be permitted
in the Village of Point Edward between the hours of 12:00 noon until 12:00
midnight;
b. No person shall set a Recreational Fire during a period identified as an Air
Quality Day or a High-Risk Period;
c. Recreational Fires shall not be permitted when rain and/or fog are present,
and/or unusual or excessive winds and/or air quality warnings have been
issued and/or a prohibition issued by the Village of Point Edward;
d. No person shall set a Recreational Fire as to have smoke or debris interfere
with vehicular traffic or otherwise pose a safety hazard on a public roadway;
e. The Recreational Fire shall be supervised at all times and shall be fully
extinguished before being left unsupervised and/or between the hours of
12:01 a.m. up to and including 11:59 a.m.;
f. No person shall set a Recreational Fire during conditions where the wind
conditions or the quality of the burn results in a nuisance that restricts
neighbours from the reasonable use and enjoyment of their property or
causes discomfort to persons in the immediate area;
g. No Recreational Fire shall be permitted between the hours of 12:01 a.m. up
to and including 11:59 a.m.;
h. Effective means of extinguishment must be readily available at all
Recreational Fires;
i. A Recreational Fire that is fuelled by propane or natural gas must be used in
accordance with the manufacturer's guidelines at all times and are permitted
to be used at any time of day;
j. Recreational Fires shall at no time be permitted on Municipally owned land
without written consent from the Village of Point Edward and subject to the
requirements of the Village of Point Edward as may be amended from time to
time;
k. Recreational Fires shall not be permitted in Restricted Areas at any time.
5545170
l. A Recreational Fire fuelled by Acceptable Burn Material must take place in
a Safe Location.
4.
Cooking Appliances and/or Cooking Fires are permitted on any privately owned
property in the Village of Point Edward provided every person using or permitting to
be used Cooking Appliances and/or Cooking Fires shall comply with the following
conditions:
a. The Cooking Appliance and/or Cooking Fires shall be used in compliance
with the manufacturer's guidelines and instructions and shall only be permitted
on private property unless otherwise permitted;
b. The Cooking Appliance and/or Cooking Fires must be fueled only with
commercially produced charcoal and/or briquettes, propane, or natural gas;
c. The Cooking Appliance and/or Cooking Fires shall be fully extinguished
when not in use;
d. At all times there must be an effective means of extinguishment for the
Cooking Appliance and/or Cooking Fires readily available;
e. Cooking Appliances and/or Cooking Fires may be used at any time of day
and are only to be used for the sole and limited purpose of cooking food and
shall be immediately extinguished when food preparation is completed:
f. Cooking Appliances and/or Cooking Fires shall not at any time be
permitted to be used on Municipally owned land without obtaining the prior
written consent of the Village of Point Edward.
5.
No person shall use a flying lantern or flying lanterns in the Village of Point
Edward.
6.
No person shall set an Open Fire for training purposes or fire extinguisher safety
demonstrations without the prior written approval of the Village of Point Edward.
7.
No person shall burn anything defined as Prohibited Burn Material at anytime.
8.
Open Air Burnings are not permitted in the Village of Point Edward without prior
written approval from the Fire Chief of the Village of Point Edward or their
designate.
9.
Every person using an enclosed heating device or incinerating device shall comply
with the provisions of this By-law as it pertains to "Acceptable Burn Materials"
and "Prohibited Burn Materials."
10. No person shall be permitted to have a Recreational Fire larger than 0.91 metres
by 0.91 metres (3 feet by 3 feet).
LIABILITY & ENFORCEMENT
11. The following Liability and Enforcement provisions shall apply:
a. Where Open Air Burning, Recreational Burning, Cooking Fire, Cooking
Appliance or Open Fire is permitted subject to the provisions of this By-Law,
any person who engages in Open Air Burning, Recreational Burning,
Cooking Fire, Cooking Appliance or Open Fire shall:
i. Take all reasonable steps to keep the Open Air Burning,
Recreational Burning, Cooking Fire, Cooking Appliance or Open
Fire under control and shall comply with the provisions of this By-law
including but not limited appropriate supervision and readily accessible
effective means of extinguishment;
ii. Fully extinguish the Open Air Burning, Recreational Burning,
Cooking Fire, Cooking Appliance or Open Fire;
5545170
iii. Be responsible for any and all damages to property or injury to persons
that may result from the Open Air Burning, Recreational Burning,
Cooking Fire, Cooking Appliance or Open Fire.
b. Any Open Air Burning, Recreational Burning, Cooking Fire, Cooking
Appliance or Open Fire that is not in compliance with the provisions of this
By-law shall be subject to an Order to Extinguish issued by any Village of
Point Edward Enforcement Officers and the following provisions shall apply:
i. Upon issuance of an Order to Extinguish the owner and/or occupant of
any land on which a prohibited Open Air Burning, Recreational
Burning, Cooking Fire, Cooking Appliance or Open Fire is occurring
shall be required to immediately extinguish the Open Air Burning,
Recreational Burning, Cooking Fire, Cooking Appliance or Open
Fire;
ii. In the event any land owner and/or occupant fails to extinguish the
Open Air Burning, Recreational Burning, Cooking Fire, Cooking
Appliance or Open Fire as required by an Order to Extinguish the
Village of Point Edward Enforcement Officer may in their own discretion
take any action necessary to extinguish the Open Air Burning,
Recreational Burning, Cooking Fire, Cooking Appliance or Open
Fire;
iii. Any person who owns and/or occupies the land on which the Open Air
Burning, Recreational Burning, Cooking Fire, Cooking Appliance
or Open Fire is located shall be responsible for any and all costs
incurred by the Village of Point Edward Fire under the provisions of this
By-law including but not limited to extinguishing the Open Air Burning,
Recreational Burning, Cooking Fire, Cooking Appliance or Open
Fire in accordance with the Village fee schedule (By-Law 26 of 2022,
as may be amended and/or replaced from time to time);
12. Any person failing to comply with the provisions of this By-law shall be liable for any
and all costs incurred by the Village of Point Edward including but not limited to
personnel, equipment and any apparatus that are called to investigate, respond, or
extinguish the Open Air Burning, Recreational Burning, Cooking Fire, Cooking
Appliance or Open Fire.
13. Where the person subject to a fine, penalty, charge, or fee under the provisions of
this By-law is a tenant of the property where the Open Air Burning, Recreational
Burning, Cooking Fire, Cooking Appliance or Open Fire is situated the Village
will make reasonable attempts to charge and collect any fines or fees from the
tenant provided such tenant information is readily available;
14. Any unpaid amounts, fines, penalties, or charges issued under this By-law shall be
added to the tax roll and collected in the same manner like property taxes.
COMPLAINT
15. Any complaint under this By-law shall include the name, address and telephone
number or other contact information of the complainant. Failure to provide the
required complainant information shall render the complaint incomplete and may
not be investigated by the Village of Point Edward Enforcement Officer, acting
reasonably.
16. Anonymous complaints or third party complaints that attempt to obscure the identity
of the complainant may not be investigated in the discretion of the Village of Point
Edward Enforcement Officer, acting reasonably.
17. Where a Village of Point Edward Enforcement Officer has determined that a
complaint has not been deemed a valid complaint by the Village of Point Edward
Enforcement Officer the Village of Point Edward may cease the investigation with
no further action taken.
5545170
18. Nothing in this By-Law prevents any individual from privately initiating a charge for
an alleged offence.
PROVINCIAL LEGISLATION
19. Nothing in this By-Law shall supersede or waive the requirements of any Applicable
Law.
PENALTY PROVISIONS
20. Any person who contravenes any provision of this By-Law is guilty of an offence
and upon conviction for such contravention, shall forfeit and be liable to pay the
fine, plus costs incurred in enforcement, and costs associated therewith may be
recovered under the provisions of the Provincial Offences Act R.S.O 1990, Chapter
p-33, as amended.
21. Any person who contravenes any portion of this By-Law may also be subject to
paying the fees, charges, and/or fines established under this By-law and the Village
of Point Edward's fee By-Law (By-Law 26 of 2022, as may be amended or replaced
from time to time.) Failure to pay any fees, charges, fines, or penalties will result in
them being added to the tax roll and collected in a like manner as unpaid taxes.
THAT the short form title of this By-law shall be the Open-Air Burning By-Law
THAT any By-Laws or provisions of By-Laws found to be inconsistent with the provisions
found in this By-Law shall be and are hereby repealed including the Village of Point
Edward By-Law 28 of 2015.
THAT this By-Law to go into force and effect upon the final passing thereof.
THAT this By-Law be Read a FIRST and SECOND TIME this 27th day of June 2023.
THAT this By-Law be Read a THIRD TIME and FINALLY PASSED this 24th day of
October 2023.
___________________________
_______________________________
Mayor B. Hand
Clerk J. Burns
5545170
THE CORPORATION OF THE VILLAGE OF POINT EDWARD
BY-LAW 18 of 2023
OPEN AIR BURNING BY-LAW
SCHEDULE "A"
SHORT FORM WORDING AND SET FINES
PART 1 PROVINCIAL OFFENCES ACT
ITEM
COLUMN 1
Short Form Wording
COLUMN 2
Offence Creating Provision
or Defining Offence
COLUMN 3
Set Fine
1.
Set Recreational Fire on air quality day or high risk
period
Sect 3(b)
$400.00
2.
Set/permit Recreational Fire during rain/fog/
excessive wind
Sect 3(c)
$400.00
3.
Interfere with traffic/pose safety hazard on roadway
Sect 3(d)
$400.00
4.
Fail to properly supervise Recreational Fire
Sect 3(e)
$750.00
5.
Fail to fully extinguish Recreational Fire
Sect 3(e)
6.
Cause nuisance/discomfort
Sect 3(f)
$400.00
7.
Permit Recreational Fire outside of permitted hours
Sect 3(g)
$400.00
8.
Fail to make available means of extinguishment
Sect 3(h)
$750.00
9.
Fail to accord with manufacture's guidelines -
propane or natural gas
Sect 3(i)
$400.00
10.
Permit Recreational Fire on Municipal Land without
consent
Sect 3(j)
$750.00
11.
Permit Recreational Fire in a Restricted Area
Sect 3(k)
$750.00
12.
Permit/set Recreational Fire held in an unsafe
location
Sect 3(l)
$750.00
13.
Permit Cooking Appliance or Cooking Fire used not
in accordance with manufacturer's guidelines
Sect 4(a)
$400.00
14.
Permit Cooking Appliance or Cooking Fire not using
permitted charcoal, briquettes, wood pellets,
propane, or natural gas
Sect 4(b)
$400.00
15.
Fail to properly supervise Cooking Appliance or
Cooking Fire
Sect 4(c)
$750.00
16.
Fail to properly extinguish Cooking Appliance or
Cooking Fire
Sect 4(c)
17.
Fail to make available means of extinguishment
Sect 4(d)
$750.00
18.
Permit Cooking Appliance or Cooking Fire on
Municipal land without consent
Sect 4(f)
$750.00
19.
Permit use of a Flying Lantern
Sect 5
$400.00
20.
Set/permit fire for training purposes or
demonstration without approval
Sect 6
$400.00
21.
Permit burning of prohibited material
Sect 7
$750.00
22.
Set/permit Open Air Burnings without written
approval
Sect 8
$750.00
23.
Burn Prohibited Materials in an enclosed
heating/incinerating device
Sect 9
$750.00
24.
Set/Permit Recreational Fire larger that 0.91x 0.91
meters (3 x 3 feet)
Sect 10
$400.00
Note: The penalty provision(s) for the offence(s) is indicated above in Section 20 of By-law Number 18 of
2023, a certified copy of which by-law has been filed.
5545170
CHECK LIST FOR RECREATIONAL BURNING
VILLAGE OF POINT EDWARD BY-LAW 18 OF 2023 - Schedule B
Person Completing Checklist
YES
NO
"Fire" for the purposes of this checklist refers to any one of the following Open Air
Burning, Recreational Burning, Cooking Fire, Cooking Appliance or Open Fire
Is the Fire taking place during permitted hours?
Fine
Possible
Is the Fire confined to an open burning device or to a pit no
larger than 0.91 meters by 0.91 meters (3 feet by 3 feet) in
size?
Fine
Possible
Is the Burning Material approved on the list of Acceptable
Burn Materials?
Fine
Possible
Are the materials being burned confined to the fire pit at all
times?
Fine
Possible
Is the Fire held in a Safe Location, that provides a
minimum distance of 3 metres in all directions, including
vertically, from adjacent properties, structures or objects
including trees, hedges, and shrubs?
Fine
Possible
Is an effective extinguishing agent of sufficient volume with
the capability of extinguishing the fire immediately available
for use?
Fine
Possible
Is the Fire attended, controlled, and supervised at all times?
Fine
Possible
Is the Fire causing a nuisance or having an adverse effect
on neighbouring properties, or resulting in an unreasonable
disturbance to any persons (i.e., excessive smoke, smell,
airborne sparks, or embers) in contravention of the By-law
provisions?
Fine
Possible
Fires are prohibited under the following conditions.
1. Excessive or unusual wind speed.
2. Rain or foggy weather present.
3. Air quality or smog warnings in place issued by
Environment Canada, or other recognized
government health or weather agencies.
Is the Fire in compliance with these conditions?
Fine
Possible
Any non-compliant burning requires a request to extinguish.
Fees for Services will be charged as per the Village Fee By-Law if there is a failure to
comply with any requirements of the By-Law to Regulate Open Air Burning.
Date and Time of Call____________________ Address________________________
Name________________________________Signature________________________
Officer in Charge_______________________Fire Fighters Responding____________
Trucks Responding_____________________Officer's Signature__________________
If any violation of this check list exists, you may be fined according to
this By-Law and/or charged according to the Fee By-Law.