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CONSOLIDATED VERSION
THE CORPORATION OF THE TOWNSHIP OF RIDEAU LAKES
By-Law 2019-16
By-
Law/Resolution #
Date Approved
Amendment
No.
Subject Matter
By-Law 2024-67
July 2, 2024
1
Fireworks
By-Law 2025-05
January 6, 2024
2
Permit Definition
BEING a By-Law to prescribe the precautions and conditions under which fires may be set in
Open Air.
WHEREAS Section 7.1 of the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4 as
amended, authorizes the Council of a Municipality to pass By-Laws regulating the setting of
open-air fires, including establishing the times during which open-air fires may be set; and
regulating fire prevention, including the prevention of the spreading of fires;
AND WHEREAS the Ontario Fire Code, O Reg. 213/07, Division B, Article 2.4.4.4. provides
that open-air burning shall not be permitted unless approved. Unapproved fires must be small,
confined, supervised and used to cook food on a grill or barbecue;
AND WHEREAS Section 425(1) of The Municipal Act, 2001, 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 Section 398 of The Municipal Act, 2001, as amended, authorizes Council to
recover the expenses incurred in doing any such matter or thing as required by By-Law; in
default of its being done by the person directed or required to do it, by action, or in like manner
as municipal taxes;
AND WHEREAS By-Law 2007-84, a By-Law to regulate and establish procedures for open-air
burning within the Township of Rideau Lakes was enacted and passed on November 19, 2007
and further amended by By-Law 2015-67 on December 7, 2015;
NOW THEREFORE the Council of The Corporation of the Township of Rideau Lakes hereby
enacts as follows:
1. DEFINITIONS
For the purposes of this By-law,
a) "Adverse Effect" shall mean one or more of:
i) Impairment of the quality of the natural environment for any use that can be
made of it,
ii) Injury or damage to property or to plant or animal life,
iii) Harm or material discomfort to any person,
iv) An adverse effect on the health of any person,
v) Impairment of the safety of any person,
vi) Rendering any property or plant or animal life unfit for human use,
vii) Loss of enjoyment of normal use of property, and
viii)Interference with the normal conduct of business.
b) "Approved Brush Pile Fire" shall mean an Open-Air Fire, having a maximum fuel size
of 3 metres x 3 metres x 3 metres (10 feet x 10 feet x 10 feet), that is set and
maintained for the sole purpose of burning wood products or brush.
c) "Approved Incinerator Fire" shall mean a fire set in a container designed for
Incineration purposes and constructed completely of non-combustible material:
i) that is placed atop not less than 4 cm (2 inches) of sand or mineral soil extending
not less than 30 cm (12 inches) beyond its perimeter, and
ii) having a maximum volume of 202 litres (45 gallons), and
iii) an outlet or exhaust opening covered by a screen having a mesh of not more
than 7 mm (1/4 inch), and
iv) Shall be a minimum of 15 meters (49.5 feet) from any structure, building, road,
property line, fence line, hedge or other combustible material.
d) "Approved Pit" shall mean an area of ground that has been completely cleared of
combustible material and lined with a minimum thickness of 15 cm (6 inches) of sand or
mineral soil that will extend a minimum of 30 cm (12 inches) beyond the limit of the fuel
used for a Camping Fire.
e) "By-Law Enforcement Officer" shall mean a person appointed by the Council of the
Township as a By-Law enforcement officer for the Township.
f) "Consumer Fireworks" means an outdoor, low hazard, firework that are designed for
recreational use. They include items like Roman candles, sparklers, fountains, multi-
shot cakes, volcanoes, mines and snakes.
g) "Council" shall mean the elected Council of The Corporation of the Township of Rideau
Lakes.
h) "Dangerous Conditions" shall mean:
i)
A lack of precipitation which, in the opinion of the Fire Chief or his/her designate,
increases the risk of the spread of fire; or
ii)
Winds in excess of 25 km/hr; or
iii)
The issuance, by the Fire Chief, Fire Marshall, or other fire officials in the
exercise of their statutory powers, of a fire ban or prohibition against any and all
"Open-Air Fires"; or
iv)
Any other condition declared by the Fire Chief or his/her designate to be a
dangerous condition from time to time, which increases the risk of the spread of
fire.
i) "Display Fireworks" means an outdoor, high hazard firework that is designed for
professional use only. They include items like aerial shells, cakes, Roman candles,
waterfalls, lances, and wheels. Display fireworks are strickly regulated by Federal Law.
j) "Fire Chief" shall mean the Fire Chief of the Rideau Lakes Fire and Rescue Department
appointed as such by municipal By-Law and includes his or her designate.
k) "Fire Department" shall mean Rideau Lakes Fire and Rescue or any fire department
under contract or agreement to provide service to the Township of Rideau Lakes.
l) "Fireworks" means display fireworks, pyrotechnic special effects fireworks and does not
include Consumer Fireworks.
m) "Fire Season" shall mean the period from the 1st day of April to the 31st day of October
in each year.
n) "Household Waste" shall mean combustible material such as plastics, polyethylene
terephalate (PET), paints, oils, solvents, rubber, insulation, batteries, acids,
polystyrenes (styrofoam), pressure treated or painted lumber, tires, upholstered
furniture, synthetic fabrics, diapers, hazardous wastes and other materials as defined in
the Environmental Protection Act and all other similar and like materials; but shall not
include untreated wood and wood fibre products such as unlaminated paper and
cardboard and boxboard, brush and leaves.
o) "Municipality" shall mean The Corporation of the Township of Rideau Lakes.
p) "Open-Air Burn(ing)" shall mean the ignition and incineration by fire of combustibles for
the purpose of burning wood products and other combustible materials; and includes
fires in barrels, drums, incinerators and pits, a cooking fire, campfire or that related to
barbeque cooking and heating appliances.
q) "Ontario Fire Code" shall mean O.Reg. 213/07 made under the Fire Protection and
Prevention S.O. 1997, C.4, as amended.
r) "Permit" shall mean a permit issued by the "Municipality", the "Fire Chief" or his/her
designates, signifying permission to set or maintain or allow to be set or maintained an
"Open-Air Burn" and establishing the conditions under which the permission is granted.
The permit shall be in effect for 365 days from the date of issuance.
s)
t) "Campfire" shall mean an "Open-Air Burn", having a maximum fuel size of 1 metre x 1
metre x 1 metre, (3 feet x 3 feet x 3 feet) that is set and maintained solely for the
purposes of cooking food, providing warmth or recreational enjoyment and where:
i) The site of the fire is bare rock or other non-combustible material, and
ii) The fire is at least 2 metres (6 feet) from any flammable material, and
iii) The space above the fire is at least 3 metres (10 feet) from vegetation, and
iv) The flame length does not exceed 1 metre (3 feet) in height and 1 metre (3 feet)
in diameter.
u) "Cooking Fire" shall mean a fire used for cooking food and contained within an
approved containment area or approved outdoor fireplace.
v) "Person" shall mean any individual, association, firm, partnership, corporation, agent or
trustee and their heirs, executors, or other legal representatives thereof.
w) "Prohibited Materials" includes "Household Waste", rubber or rubber products, plastic or
plastic products, and waste petroleum products and any material or materials which are
prohibited by the Environmental Protection Act, R.S.O. 1990, Chapter E.19, as
amended.
x) "Township" shall mean The Corporation of the Township of Rideau Lakes.
2. GENERAL PROVISIONS
2.1 Any "Person" within the "Municipality" wishing to set a fire must be the owner of the
land where the fire is set, or must have written permission from the owner of said
lands.
2.2 No "Person" shall conduct "Open-Air Burning" on lands within the "Municipality"
unless a "Permit" has been issued in respect of such "Open-Air Burning".
2.3 Notwithstanding any provisions herein, no "Person" shall set or maintain a fire;
a)
In contravention of the "Ontario Fire Code", the Environmental Protection Act,
or any other statutory requirements of the Province of Ontario or the
Government of Canada;
b)
Containing "Prohibited Materials";
c)
In any park owned or operated by the "Municipality" without the written
permission of the "Municipality";
d)
In the front or side yard of any Commercially or Industrially Zoned property
within the "Municipality";
e)
At a distance less than 15 metres (49.5 feet) from any building, structure,
hedge, fence, vehicular roadway of any kind or nature, or overhead wiring or
any property line;
f) At a distance of less than 15 metres (49.5 feet) from any object or material which
has the potential to ignite;
g)
Unless the "Person" to whom the "Permit" has been issued or such other
"Person" as may be designated in the "Permit", is in attendance at the fire in a
responsible and supervisory capacity at all times until such fire has been
completely extinguished;
h)
In any outdoor fireplace or any other burning appliance or container unless
same complies with the requirements contained in Section 1(c);
i)
Which does not meet the definition of a "Campfire" or "Cooking Fire" without
having obtained and activated an "Open-Air Burn Permit";
j)
When a "Burn Ban" has been declared and put in place by the "Fire Chief" or
his/her designate.
2.4 No person shall commence or maintain "Open-Air Burning" when the wind is in
excess of 25 km/hr or in such a direction or intensity to cause any or all of the
following:
a)
The possible spread of the fire beyond the approved burn site;
b)
A decrease in the visibility on any highway or roadway;
c)
Any odour to such an extent or degree so as to cause discomfort to the
persons in the immediate areas; and/or
d)
Excessive smoke or any other "Adverse Effect";
e)
Any "Dangerous Condition".
2.5 No person shall commence or maintain "Open-Air Burning" when rain or fog is
present or weather conditions prevent the ready dispersion of smoke.
2.6 No "Person" shall set fire to, ignite, or otherwise burn any materials in a "Approved
Brush Fire Pile" or windrow with a combined size of greater than 3 metres x 3
metres x 3 metres (10' wide x 10' long x 10' high) without written approval of the
"Fire Chief" or his/her designate.
2.7 No "Person" shall cause to be burned more than one pile, or fire in a container at
any one time, without the written approval of the "Fire Chief" or his/her designate.
2.8 No "Person" shall burn any grass, hay, straw or standing material where such
"Open-Air Burn" has a leading edge greater than 15 metres (49.5 feet) and where
sufficient persons and other resources are not available to contain said fire to a
leading edge of 15 metres (49.5 feet).
2.9 Fireworks are prohibited from use during a fire ban.
2.10 Suggested Measures to promote safe use of fireworks (voluntary)
- Attend an organized Fireworks venue instead of setting off your own;
- Choose a safe area to ignite fireworks that is free of fammable materials;
- Always supply adult supervision;
- Have fire suppression equipment on hand while using;
- When completed, check the area for any hot residue and ensure it is put out.
3. ISSUANCE OF PERMIT
3.1 The issuance of a "Permit" may require the prior inspection of the proposed burn
site by the "Fire Chief" or his/her designate.
3.2 In applying for a "Permit", no "Person" shall furnish false or misleading information.
3.3 "Permit(s)" may be obtained online at rl.burnpermits.com.
3.4 The "Permit" shall not be considered activated until the "Person" granted the
"Permit" has activated the "Permit" by calling the burn line.
3.5 The "Permit" for "Open-Air Burning" of an "Approved Brush Pile Fire" or an
"Approved Incinerator Fire" must be activated each time a fire is set out. Activation
is immediate.
3.6 No "Permit" shall be required for domestic barbecues or permanent outdoor
fireplaces used for the purpose of cooking of food on a grill and extinguished
immediately upon completion of its use to cook.
3.7 No "Permit" shall be required for a fire set and maintained in an Appliance that
conforms with the Technical Standards and Safety Act, 2000, S.O. 2000, c. 16, as
amended, and that is for outdoor use and is installed in accordance with the
manufacturer's instructions.
3.8 The "Permit" will not be activated during a "Fire Ban".
3.9 It is the responsibility of the "Person" granted a "Permit" to check and monitor
burning conditions.
3.10 In any prosecution under a provision of this By-law that requires a "Permit", the
onus is on the "Person" charged to prove that the "Person" had a "Permit" at the
time the offense is alleged to have been committed.
4. FIRE SEASON
4.1. During the "Fire Season" (April 1 to October 31) no "Person" shall conduct "Open-
Air Burning" between the time of 08:00 hours until 18:00 hours (8 a.m. until 6 p.m.)
each day.
4.2. During the "Fire Season" no hay, straw or standing material may be burned, unless
approved by the "Fire Chief" or his/her designate.
4.3. During the "Fire Season" the time indicated for no burning does not apply to a
"Camp Fire" or "Cooking Fire" as defined, provided a "Burn Ban" is not in place,
and provided all precautions have been taken as defined and outlined.
5. LEVELS OF FIRE BAN
5.1 The "Fire Chief" or his/her designate may, at any time, and in the exercise of his or
her sole discretion, issue a "Fire Ban", effective for a specified period of time,
prohibiting the setting of any and all "Open Air Fires" within any area of the
"Township".
5.2 When the "Fire Chief" or his/her designate orders a "Fire Ban" be put in place, they
will notify BurnPermits.com to notify all Burn Permit holders; and the CAO, who will
then notify Council and the Media.
5.3 Level One (1) Ban, shall mean a "Fire Ban" which restricts "Open-Air Burning", but
does not include "Campfires" or "Cooking Fires" as defined in this By-law.
5.4 Total Fire Ban, shall mean absolutely no "Open-Air Burning" including "Campfires"
or "Cooking Fires" or charcoal barbecues; but does not include the use of propane
or naptha gas cooking equipment which is equipped with a shutoff mechanism.
5.5 Fire Ban status, the need for a Fire Ban, will be assessed on a daily basis by the
Fire Chief or his/her designate using MNR indices from two of the closest MNR
facilities.
6. ADMINISTRATION AND ENFORCEMENT
6.1. This By-law shall be administered and enforced by the "By-law Enforcement
Officer" and/or the "Fire Chief" or his/her designate of the Township of Rideau
Lakes.
6.2. Notwithstanding section 2 of this By-law, the "Fire Chief" or his/her designate may
revoke any or all "Permits", or refuse to issue "Permits" where, in the opinion of the
"Fire Chief" or his/her designate, the ability to control the fire is hampered by the
existence of a "Dangerous Condition", which exists on or in the proximity of the
proposed "Open-Air Burning" site.
6.3. Any "Person" who fails to comply with the provisions of this By-law, or who fails to
properly supervise and maintain a fire, or who fails to extinguish a fire once
notification to do so has been given to him by the "Fire Chief" or his/her designate
shall, in addition to any penalty provided for herein, be liable to the "Municipality"
for all expenses incurred for the purposes of controlling and extinguishing of any
fire so set or left to burn and such expenses may be recovered by court action or in
a like manner as municipal taxes. The expenses for which the "Person" may be
liable cover the cost of sufficient personnel and equipment required to control a
fire, as set out within Schedule "A" hereof. Such expenses shall be equally
chargeable in the event that a deliberately set fire burns out of control, such that
the services of the "Fire Department" are necessary.
6.4. Any costs chargeable to any "Person" pursuant to section 6.3 hereof shall be
invoiced to the "Person" and paid to the "Township" within sixty (60) days of the
date of such invoice; failing which, the costs may be deemed to be municipal taxes
and added by the Clerk of the "Municipality" to the collector's roll and collected in
the same manner and with the same priority as municipal taxes.
7. OFFENCES
7.1. In addition to any other penalty prescribed by this By-law, any "Person" who
contravenes any provision of this By-law is guilty of an offence and is liable to a
fine or penalty for each offence established pursuant to the Provincial Offences Act
and included within Schedule "B" forming part of this By-Law.
8. SCHEDULES AND SEVERABILITY
8.1. Schedules "A" & "B" attached to this By-Law shall also be read with and form part
of this By-Law.
8.2 The provisions of this By-Law are severable. If any provision, section or word is
held to be invalid or illegal, such invalidity or illegality shall not affect or impair any
of the remaining provisions, sections or words.
8.3 This By-Law may be cited as the "Open-Air Burning By-Law".
8.4 Schedules "A" and "B" to this By-Law may be updated from time to time as
deemed desirable by Resolution of Council.
8.5 Any other By-Laws, Resolutions, Motions or actions of Council that are in
contravention of this By-Law are hereby repealed including By-Law 2007-84 and
By-Law 2015-67.
8.6 This By-law shall come into force and effect on the date of passing.
This By-Law be read a first, second and time this 4th day of March, 2019.
This By-Law be read a third time and finally passed this 4th day of March, 2019.
A copy of the original signed By-Laws are on file with the Clerk's Office.
Schedule "A" to By-Law 2019-16
COST OF FIRE DEPARTMENT SERVICES
The expenses for which the "Person" may be liable cover the cost of sufficient personnel
and equipment required to control a fire, as referred to within Section 6 of By-law 2019-16;
and such costs have been deemed as being:
- The costs based on the operational costs of the event, as well as the calculated
depreciated capital costs (capital cost and wear and tear, calculated annually).
- These shall be calculated from the initial dispatch of the "Fire Department" or any fire
department under contract or agreement, until such time as each vehicle is back in
service (defined as when the vehicle is back at the hall and has been replenished
with the requirements for the unit to respond to the next activation).
These fees are in addition to any fines or penalties established elsewhere, in accordance
with this By-Law.
Costs will be invoiced by the Township of Rideau Lakes and will be due sixty (60) days
from the date of invoice.
Schedule "B" to By-Law 2019-16
Item
Description of Offence
Provision
Creating or
Defining
Offence
Set Fine
(including
costs)
1
Burn prohibited material(s).
Sec. 2.3(b)
$ 200.00
2
Burn material(s) in a Municipal Park.
Sec. 2.3(c)
$125.00
3
Burn material(s) without an activated permit for an
Open-Air Burn.
Sec. 2.3(i)
$200.00
4
Set out a "Campfire" or "Cooking Fire" that does not
meet the defined description.
Sec. 2.3(i)
$ 125.00
5
Burn material(s) with a size greater than 3 metres x 3
metres x 3 metres (10' wide x 10' long x 10' high).
Sec. 2.6
$200.00
6
Burn more than one pile at the same time.
Sec. 2.7
$ 125.00
7
Burn in more than one incinerator at the same time .
Sec. 2.7
$ 125.00
8
Burn material(s) closer than 15 metres (49.5 feet) to a
fence.
Sec. 2.3 (e)
$ 125.00
9
Burn material(s) closer than 15 metres (49.5 feet) to a
hedge.
Sec. 2.3 (e)
$ 125.00
10
Burn material(s) closer than 15 metres (49.5 feet) to a
building.
Sec. 2.3 (e)
$ 125.00
11
Burn material(s) closer than 15 metres (49.5 feet) to a
structure.
Sec. 2.3 (e)
$ 125.00
12
Burn material(s) closer than 15 metres (49.5 feet) to a
roadway.
Sec. 2.3 (e)
$ 125.00
13
Burn material(s) closer than 15 metres (49.5 feet) from
combustible material(s).
Sec. 2.3 (f)
$ 125.00
14
Burn material(s) closer than 15 metres (49.5 feet) to
overhead wiring.
Sec. 2.3 (e)
$ 125.00
15
Permit holder failed to supervise an open fire.
Sec. 2.3 (g)
$ 100.00
16
Set or maintain a fire in side yard of commercial
property.
Sec. 2.3 (d)
$ 125.00
17
Set or maintain a fire in front yard of commercial
property.
Sec. 2.3 (d)
$ 125.00
18
Set or maintain a fire in side yard of industrial property.
Sec. 2.3 (d)
$ 125.00
19
Set or maintain a fire in front yard of industrial property.
Sec. 2.3 (d)
$ 125.00
20
Fail to supervise a fire.
Sec. 2.3 (g)
$200.00
21
Set or maintain a fire when a fire ban is in place.
Sec. 2.3 (j)
$500.00
The penalty provisions for the offences indicated above is in Township of Rideau Lakes By-law
2019-16 Sec. 7.1, a copy of which has been filed.