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THE CORPORATION OF THE MUNICIPALITY OF SHUNIAH
BY-LAW NO. J{P49 -1'-
Recitals:
A By-Law to prescribe the conditions under which fires may be set
in Open Air and to govern the issuance of Fire Permits and to
Repeal By-law Number 1953-98
a)
The Forest Fires Prevention Act allows the Council of a municipality to pass by-
laws to prescribe regulations in which fires may be set in the open air and the
precautions to be observed by persons setting out fires;
b)
The Municipal Act authorizes Council to recover the expense 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;
c)
The Municipal Act authorizes appointed officers to ascertain whether the by-law
is obeyed, and to enforce o(carry into effect the by-law;
d)
The Municipal Act authorizes the Council of a municipality to pass by-laws to
make such other regulations for preventing fire and the spread of fires as the
Council considers necessary.
e)
The Municipal Act authorizes Council to pass by-laws for the imposition and
collection of fees or charges for services or activities provided by the municipality;
NOW THEREFORE the Council of The Corporation of the MUNICIPALITY OF
SHUNIAH hereby enacts as follows:
1.
Definitions
For the purpose of this by-law,
a) "Adverse Effect" means one or more of the following,
(i) Impairment of the quality of the natural environment·
(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) " Brush Pile Fire" shall mean an Open Air Fire, having a maximum fuel
size of 1 .8 metres x 1.8 metres x 1.8 metres in height (6' feet x 6' feet x
6' feet), that is set and maintained for the sole purpose of burning piled
wood, brush or leaves.
c) "By-law Enforcement Officer" shall mean a person appointed by Council of
the Municipality as a by-law enforcement officer for the Municipality.
By-law No. ;;bq.tt --J ?
d) "Campfire" shall mean an "Open Air Burn", having a maximum fuel volume
of 1 metres x 1 metres x 1 metres height. (3.3 feet x 3.3 feet x 3.3 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 sand or other non-combustible
material.
(ii) The fire is at least 4 metres (12' feet) from any flammable material.
(iii) The space above the fire is at least 4 metres (12' feet) from
vegetation.
(iv) The flame length does not exceed 1 metre (3.3 feet) in height and 1
metre (3.3 feet) in diameter.
e) "Cooking Fire" shall mean any open air fire that is used for the purpose of
cooking food.
f) "Council" shall mean the elected Council of The Corporation of the
Municipality of Shuniah;
g) "Dangerous Condition" means:
(i) A lack of precipitation which, in the opinion of the Fire Chief or his/her
designate, increases the risk of the spread offire; or
(ii) Winds which in the opinion of the Fire Chief or his/her designate
increases the risk of spread of fire; 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;
h) "Fire Chief' means the Fire Chief of Shuniah Fire & Emergency Services
appointed as such by municipal by-law and includes his or her designate.
i) "Fire Department" means Shuniah Fire & Emergency Services or any
fire department under contract or agreement to provide service to the
Municipality of Shuniah.
j) "Fire Season" means that period from the 1st day of April to the 31 st day
of October in each year with the time for open air burning allowed only
from 5pm till 8am.
k) "Household Waste" for the purposes of this by-law means combustible
material such as plastics, polyethylene terephthalate (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
unlamented paper and cardboard and boxboard, brush and leaves;
I) "Incinerator Fire" shall mean a fire set in a container designed for
Incineration purposes and constructed completely of non-combustible
material that is placed atop not less than 4 cm. (2 inches) of sand or
mineral soil extending not less than 60 cm (24 inches) beyond its
perimeter, and having a maximum volume of 202 litres (55 gallon) and
an outlet or exhaust opening covered by a screen having a mesh of not
more than 7 mm (1/4 inch).
m) "Municipality" shall mean The Corporation of the Municipality of Shuniah
Page 2 of 12
By-law No.J.b L/:1 ~t ~
n) "Off Season" means that period from the 1st day of November of one year to
the 31 st day of March the following year with no time restrictions for open
air burning.
0) "Open Air Burning" shall mean the ignition and incineration by fire of
combustibles for the purpose of burning grass, clean wood 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. But does not include approved wood burning
appliances as defined by the Ontario Building Code;
p) "Ontario Fire Code" shall mean O.Reg. 388/97 made under the Fire
Protection and Prevention, S.O. 1997, C.4, as amended.
q) "Permit" shall mean a permit issued by the Municipality office or
Municipality selected agencies, 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 from the 1 st day of January to the 31 st day of
December in the same year. In the form attached as Schedule "A" hereto;
r) "Person" shall mean any individual, association, firm, partnership,
corporation, agent or trustee and their heirs, executors, or other legal
representatives thereof;
s) "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.
t) "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, as amended.
u) "Restricted Fire Zone or RFZ" is an Order made by the ministry of Natural
Resources under the Forest Fires Prevention Act that restricts the use of
open air fires in a specific area of the province. It is used when the fire
hazard is extreme and/or when fire fighting resources are stretched to
capacity.
v) "Total Burn Ban" shall mean absolutely no open burning within the
municipality.
w)"Windrow" means "open air burning" where the size of the material to be
burned does not exceed 15m in length, 5m in width and 1.5 m in height
and that is set and maintained solely for the purposes of burning wood,
tree limbs and branches as part of normal farm practices or for clearing
land.
2. GENERAL PROVISIONS
2.1.
No "Person" being the owner or tenant in possession of lands within the
"Municipality" shall conduct "Open Air Burning" on such lands unless a
"Permit" has been issued in respect of such "Open Air Burning".
2.2.
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";
Page 3 of 12
By-law No. :10 ~q -( ~
d) At a distance less than seven and one half (7.5) metres (25 feet) from any
building, structure, hedge, fence, vehicular roadway of any kind or nature,
or overhead wiring or any property line unless otherwise defined under this
section;
e) At a distance of less than seven and one half (7.5) metres (25 feet) from
any object or material which has the potential to ignite unless otherwise
defined under this section;
f)
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;
g) In any outdoor fireplace or any other burning appliance or container unless
same complies with the requirements contained within Schedule "A"
attached hereto;
h) Burn any allowed material without obtaining and having on their person a
valid "Open Air Burning Permit" for those types of "Open Air Burning"
requiring one;
i) Which does not meet the description and distances as defined for a
"Campfire" or "Cooking Fire" and without having obtained an "Open Air
Burn Permit";
j) When a "Total Burn Ban" or Restricted Fire Zone" has been declared and
put in place by the "Fire Chief or his/her designate or the Province of
Ontario;
2.3.
No "Open Air Burning" shall be commenced or maintained when the wind is
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";
2.4.
No "Open Air Burning" shall be commenced or maintained when weather
conditions prevent the ready dispersion of smoke.
2.5.
No "Permit" shall be required for domestic barbeques used for the purpose
of cooking of food on a grill and extinguished immediately upon completion
of it's use to cook.
2.6.
No "Person" shall set fire to, ignite, or otherwise burn any materials in a "
Brush Pile Fire" with a combined size of greater than 1.8 metres x 1.8
metres x 1.8 metres (6' wide x 6' long x 6' high) without written approval of
the "Fire Chief or his/her designate.
2.7.
No "Person" shall set fire or cause to be burned more than one "Open Air
Burn" at anyone 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 Burning" or "Windrow" has a leading edge greater than 15
metres (49.5 feet) in lenghth, 5m (16 feet) in width and 1.5 m (5 feet) in
height and where sufficient persons and other resources are not available
to contain the said fire to a leading edge of 15 metres (49.5 feet).
Page 4 of 12
By-law No . .d!£1 q ---( 3
2.9.
No 'Person" shall indemnify and save harmless The Corporation of the
Municipality of Shuniah and its employees from any and all claims,
demands, causes of action, costs or damages that the Municipality may
suffer, incur or be liable for resulting from the Open Air Burning as set out
in this by-law, whether with or without negligence on the part of the Permit
Holder, the Permit Holder's employees, directors, contractors and agents.
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 from the "Municipality" of Shuniah' office or
designated Municipality locations or the "Fire Chief'.
3.4.
No "Permit" shall be considered valid until the "Person" granted the
"Permit" has validated the "Permit" by reading the terms and conditions of
the permit,
3.5.
No "Permit" is required for "Open Air Burning" consisting of a "Camp Fire"
or "Cooking Fire" as defined and maintained by definition is in an organized
campground and only if the campground owner/operator decides it is safe
to do so. In these situations, strict campfire rules must be adhered to. Your
campground owner/operator will provide you with the rules when campfires
are allowed.
3.6.
It is the responsibility of the "Person" granted a "Permit" to check and
monitor burning conditions; this can be done in part by contacting the Fire
Department, or the Municipal Office.
3.7.
It is the responsibility of the person who is burning to have immediately
available to them the "Permit" which they were issued for inspection by the
"Fire Chief or his/her designate, "By-law Enforcement" or the Police.
3.8.
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 and OFF SEASON
4.1.
During the "Fire Season" no "Open Air Burning" shall be allowed between the
time of 8:00 am until 5 pm each day seven (7) days a week, between the 1 st
day of April to the 31 st day of October.
4.2.
During the "Off Season" all burning shall be in compliance with this by-law
with the exception of Section 4.1.
4.3. The time indicated for no burning does not apply to a "Cooking Fire" as
defined ..
5. LEVELS OF FIRE BAN OR RESTRICTED FIRE ZONE
5.1.
Total Burn Ban or Restricted Fire Zone shall mean absolutely no "Open Air
Burning" including "Campfires" or "Cooking Fires" or charcoal barbecues, but
does not include the use of cooking equipment which is equipped with a shut
off mechanism.
5.2.
Total Burn Ban status, the need for a Total Burn Ban, will be assessed on a
daily basis by the Fire Chief or his/her designate consulting with the MNR.
5.3.
When the "Fire Chief or his/her designate orders a "Total Burn Ban" be put in
place, they will notify the Clerk who will then notify Council and the media.
Page 5 of 12
By-law No. ;)0 l{q- 1'3
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
"Municipality" of Shuniah.
6.2. The "Fire Chief' or his/her designate may, at any time, and in the exercise
of his or her sole discretion, issue a "Total Burn Ban", effective for a
specified period of time, prohibiting the setting of any and all "Open Air
Burn s" within any area of the "Municipality".
6.3. 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, that;
a) 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.
b) A "Person" fails to comply with any part of this by-law.
6.4. 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, maybe 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 to cover the cost of sufficient personnel and equipment required to
control a fire, as set out within Schedule "B" hereof.
6.5.
Such expenses shall be equally chargeable in the event that a
deliberately set fire burns out of control, such that the services of Shuniah
Fire & Emergency Services are necessary.
6.6. Any costs chargeable to any "Person" pursuant to section 6.4 hereof shall
be invoiced to the "Person" and paid to the "Municipality" 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 is set out on Schedule "C" forming and integral part of
this by-law.
8. SCHEDULES AND SEVERABILITY
8.1.
Schedule "A" Permit for "Open Air Burning" attached to this by-law shall form
an integral part of this by-law.
8.2.
Schedule "B" Cost of Fire Department Services, attached to this by-law shall
form an integral part of this by-law.
8.3.
Schedule "c" Set Fines, attached to this by-law shall form an integral part
of this by-law upon approval from the Senior Regional Justice of the Ontario
Court of Justice.
8.4.
If any provision, section or word is held to be invalid or illegal, such invalidity
Page 6 of 12
~
By-law No. Jb ~q -l3
or illegality shall not affect or impair any of the remaining provisions,
sections or words.
8.5.
Any "Person" billed for services as a result of violation of the provisions of
this by-law may make submissions to "Council" with respect to having the
costs invoice reduced or rescinded.
8.6.
This by-law may be referred to as the "Open Air Burning By-Law".
9.
ENACTMENT
This By-law shall come into force and take effect upon Third and Final
reading thereof.
10.
REPEALS
The Council of The Corporation of the MUNICIPALITY OF SHUNIAH hereby
repeals By- Law 1953-98.
READ A FIRST AND SECOND TIME THIS 11, ~AY OF "t\cr\J4'\v~
, 2012
~rKGVr~ '
"J
Reeve
rv~l~
\
Clerk
~
READ A THIRD TIME AND FINALLY PASSED THIS I~ DAY 0h .
2013
if)rr&~ rJIAa.r~
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Clerk
Page 7 of 12
By-law No. dJ.e I.{'t - { -3
Schedule "A" By-Law #
The Corporation of the Municipality of Shuniah
CONDITIONAL PERMIT FOR "OPEN AIR BURNING"
This Permit is valid until the 31 st Day of
December 20
Date of Application ______ _
Applicant's Name:
First
Last
Applicants' Home Address:
Number
Street Name
Applicants' Phone Numbers: ______ _
Property Owner Name:
(If different from applicant)
Property Owner Address:
(If different from applicant)
Address of Burn Site:
Home
First
Number
----
Fire #
Cell
Last
Street Name
Street or Road Name
Postal Code
Cottage
Phone #
Postal Code
Phone Number at Burn Site
This Permit is issued subject to the following conditions:
1. The applicant acknowledges having read and understood By-law # ;) & ~q ~ /.1-;
2. This Permit shall be in effect from the date of application to the last day of December of the same calendar year.
3. This Permit shall be kept at the site of the Open Air Burning and produce it upon request from the Fire Department or authorized
authorities.
4. It is the responsibility of the person issued the permit to check and monitor burning conditions as well as to ensure a ''Total Burn Ban"
in not in place.
5. The person issued the permit shall have at the location of the open air burning at all times a competent person and enough water and
equipment to completely control and extinguish the fire.
6. The person issued the permit shall extinguish the fire until dead out before leaving the open air burn unattended.
7. This Permit may be revoked at any time by the fire chief or his/her designate for failure to comply with the regulations of the by-law or
unsafe practices.
8. This Permit is granted for the purpose of open air burning, the size of a "Campfire" is to be limited to one 1 meter X 1 meters X 1
meters (3.3' x 3.3' x 3.3') on a none combustible surface. The fire shall be solely for the purposes of cooking food, providing warmth
or recreational enjoyment.
9. This Permit is granted for the purpose of open air burning, the size of a "Brush Pile" is to be limited to one 1.8 meters X 1.8 meters X
1.8 meters (6' x 6' x 6') and solely for the purposes of burning piled wood, brush and leaves.
10. This Permit is granted for the purpose of open air burning, the size of a "Incinerator Fire" is to be limited to one container designed
for purposes and constructed completely of none combustible material placed on non combustible surface. A maximum of 202 liters
(55 gallon) and an outlet or exhaust opening covered by a screen having a mesh of not more than 7mm (1/4").
11. This Permit is granted for the purpose of open air burning, the size of grass, hay, straw or standing material shall not exceed 15 meters
(49.5') to the leading edge where sufficient persons and resources are available to contain the leading edge of the fire to within 15 meters
(49.5').
12. From April 1st until October 31 st burning is permitted after 5 PM until 8 AM only. No Daytime Burning is allowed
o By Checking this box you agree to the conditions of this permit.
o I understand that this permit is not valid unless I agree to the conditions of this permit.
Signature of applicant: _____________ _
IN CASE OF EMERGENCY- CALL 911
By-law No. __ _
Schedule "B" By-Law #
d0L{0~ 13
The Corporation of the Municipality of Shuniah
COST OF FIRE DEPARTMENT SERVICES
equipment
J0~CJ/\3 ,a
cover the cost
as referred to
deemed as being:
$420.00 per vehicle for the first hour or part thereof.
$220.00 per vehicle for each subsequent half hour or part thereof.
This 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 fire station 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 "Municipality of Shuniah" and will be due sixty days from the date of
invoice
The Municipality of Shuniah
Part 1 Provincial Offences Act
Schedule "e"
to By-Law No. 2649-13 Being a by-law
to regulate conditions for Open Air Burning and issuance of Fire Permits
Provision Creating or
Item
Short Form Wording
Defining Offence
1
Burn prohibited material(s)
Sec.2.2(b)
2
Burn material(s) in a Municipal Park
Sec. 2.2(c)
3
Burn material(s) without obtaining or
Sec.2.2(h)
possessing a valid permit
4
Set out a Campfire or Cooking Fire that does not
Sec.2.2(i)
meet the defined description.
Burn material(s) with a size greater than 1.8
Sec. 2.6
5
metres x 1.8 metres x 1.8 metres (6' wide x 6'
long x 6' high)
6
Burn more than one Open Air Burn at the same
Sec. 2.7
time
7
Burn material(s) closer than 7.5 metres (25 feet)
Sec. 2.2 (d)
to a fence.
8
Burn material(s) closer than 7.5 metres (25 feet)
Sec. 2.2 (d)
to a building.
I
Set Fines
I
,
$200.00
$125.00
!
$200.00
$ 125.00
$200.00
$ 125.00
$ 125.00
$ 125.00
Provision Creating or
Item
Short Form Wording
Defining Offence
Set Fines
9
Burn material(s) closer than 7.5 metres (25 feet)
Sec. 2.2 (d)
$ 125.00
to a structure.
10
Burn material(s) closer than 7.5 metres (25 feet)
Sec. 2.2 (d)
$ 125.00
to a roadway.
1 1
Burn material closer than 7.5 metres (25 feet)
Sec. 2.2 (d)
$ 125.00
to overhead wiring.
.
12
Burn material(s) closer than 10metres (25 feet)
Sec. 2.2 (e)
$ 125.00
from combustible material(s)
13
Permit holder failed to supervise an open fire.
Sec. 2.2 (f)
$ 100.00
14
Burn material when wind may cause fire to
Sec. 2.3 (a)
$ 125.00
spread.
15
Burn material when wind may cause decreased
Sec.2.3(b)
$ 125.00
visibility on a Highway/ Roadway.
Burn material when wind may cause odour and
16
smoke to cause discomfort to persons in the
Sec. 2.3 (c)
$ 125.00
vicinity.
17
Burn material(s), which produces excessive
Sec. 2.3 (d)
$ 125.00
smoke or adverse effects.
18
Burn material when weather conditions prevent
Sec. 2.4
$ 125.00
dispersion of smoke.
-------
Provision Creating or
Item
Short Form Wording
Defining Offence
Set Fines
Set or maintain an open-air fire or campfire
Sec. 2.2 U)
$500.00
19
when a Total Burn Ban or Restricted Fire
Zone is in place.
Burn material(s) with a size greater than 15
Sec. 2.8
$ 125.00
20
metres (49.5 feet) in length, 5m (16 feet) in width
and 1.5 m (5 feet)
OFFICE OF THE REGIONAL SENIOR JUSTICE
NORTHWEST REGION
ONTARIO COURT OF JUSTICE
COURTHOUSE
1805 EAST ARTHUR STREET
THUNDER BAY, ONTARIO P7E 2R6
February 19th, 2013
Ms. Kerry Lee Thompson
Crown Counsel, Crown Law Office
Ministry of the Attorney General
9th Floor, 720 Bay Street
Toronto, Ontario
M5G2K1
Dear Ms. Thompson:
RE: Municipality of Shuniah, Thunder Bay District
Part I Provincial Offences Act, Bylaw 2649-13: Open Air Bum
I have enclosed the following for your information:
CABINET DU JUGE PRINICIPAL REGIONAL
REGION DU NORD-OUEST
JUGE DE LA COUR DEjUSTICE DE L'ONTARIO
PALAIS DE JUSTICE
1805, RUE ARTHUR EST
THUNDER BAY (ONTARIO) P7E 2R6
TELEPHONE/TELEPHONE (807) 625-1625
FAX/TELECOPIEUR (807) 625-1601
1.
Copy of signed Order and accompanying schedule of set fines for
Bylaw 2649-13 - Open Air Bum.
2.
Copy ofletter to Nadene Hunley, Deputy Clerk, Municipality of
Shuniah.
Please note that a copy of the Order and the schedule of the set fines are being held in the
Office of the Regional Senior Justice at Ontario Court of Justice in Thunder Bay. The
original Order and schedule of set fines have been forwarded to the Municipality of
Shuniah, Thunder Bay District.
Yours truly,
/'
·"7 '/~
/<--
{
// /~// .'__
~ .--- ~~:.
_) .:{!>-t;>-(
The Honourable Marc L. Bode
Regional Senior Justice
Northwest Region
MLB:mz
Encls.
cc:
Ms. Kathy Dallaire, POA Supervisor, Thunder Bay
V Nadene H~nley, Deputy Clerk, Municipality of Shuniah
OFFICE OF THE REGIONAL SENIOR JUSTICE
NORTHWEST REGION
ONTARIO COURT OF JUSTICE
COURTHOUSE
1805 EAST ARTHUR STREET
THUNDER BAY, ONTARIO P7E 2R6
February 19
t
\ 2013
Municipality of Shuniah
420 Leslie Avenue
Thunder Bay, Ontario
P7A lX8
Attention: Nadene Hunley, Deputy Clerk
Dear Ms. Hunley:
RE: Municipality of Shuniah, Thunder Bay District
Part I Provincial Offences Act, Bylaw 2649-13: Open Air Bum
CABINET DU jUGE PRINICIPAL REGIONAL
REGION DU NORD-OUEST
jUGE DE LA COUR DE JUSTICE DE L'ONTARIO
PALAIS DEjUSTICE
1805 , RUE ARTHUR EST
THUNDER BAY (ONTARIO) P7E 2R6
TELEPHONE/TELEPHONE (807) 625-1625
FAX/TELECOPIEUR (807) 625-1601
Enclosed herewith is the original Order with original schedule of set fines for By-Law Number
2649-13, the Bylaws indicated in the schedules for the Municipality ofShuniah, Thunder Bay
District, together with your certified copy of the By-law Number 2649-13_
The setting of the fines does not constitute my approval of the short form of wording used to
describe the offences.
A copy of the Order and the schedule of the set fines are being held in the Office of the Regional
Senior Justice at Ontario Court of Justice in Thunder Bay.
Yours truly,
//n~
The Honourable Marc L. Bode
RegionaISenior Justice
Northwest Region
MLB:mz
Encls.
cc: Ms. Kerry-Lee Thompson, Crown Law Office, Toronto
Ms_ Kathy Dallaire, POA Supervisor, Thunder Bay
MAR 2 0 2013
p~ - _ _ ~_
U _
PROVINCIAL OFFENCES ACT
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the rules
for the Ontario Court of Justice that the amount set opposite the offences in the attached
schedules of offences under the Provincial Statutes and Regulations thereunder and By-
law No.2649-13, Part I, of the Municipality of Shuniah, Thunder Bay District, attached
hereto are the set fines for these offences, to take effect February 19th, 2013.
Dated at Thunder Bay this 19th day of February, 2013.
The Honourable Marc L. Bode
Regional Senior Justice
Northwest Region
The Municipality of Shuniah
Part 1 Provincial Offences Act
Schedule "C"
to By-Law No.2649-13 Being a by-law
to regulate conditions for Open Air Burning and issuance of Fire Permits
Provision Creating or
Item
Short Form Wording
Defining Offence
1
Burn prohibited material(s)
Sec.2.2(b)
2
Burn material(s) in a Municipal Park
Sec.2.2(c)
3
Burn material(s) without obtaining or
Sec.2.2(i)
possessing a valid permit
4
Set out a Campfire or Cooking Fire that does not
Sec.2.2(i)
meet the defined description.
Burn material(s) with a size greater than 1.8
Sec. 2.6
5
metres x 1.8 metres x 1.8 metres (6' wide x 6'
long x 6' high)
6
Burn more than one Open Air Burn at the same
Sec. 2.7
time
7
Burn material(s) closer than 7.5 metres (25 feet)
Sec. 2.2 (d)
to a fence.
8
Burn material(s) closer than 7.5 metres (25 feet)
Sec. 2.2 (d)
'--
to a building.
above
Set Fines
$200.00
$125.00
$200.00
$125.00
$200.00
$125.00
$125.00
$125.00
....
011
Provision Creating or
Item
Short Form Wording
Defining Offence
Set Fines
9
Burn material(s) closer than 7.5 metres (25 feet)
Sec. 2.2 (d)
$125.00
to a structure.
10
Burn material(s) closer than 7.5 metres (25 feet)
Sec. 2.2 (d)
$125.00
to a roadway.
11
Burn material closer than 7.5 metres (25 feet)
Sec. 2.2 (d)
$125.00
to overhead wiring.
12
Burn material(s) closer than 10metres (25 feet)
Sec. 2.2 (e)
$125.00
from combustible material(s)
13
Permit holder failed to supervise an open fire.
Sec. 2.2 (g)
$100.00
14
Burn material when wind may cause fire to
Sec. 2.3 (a)
$125.00
spread.
15
Burn material when wind may cause decreased
Sec. 2.3(b)
$125.00
visibility on a Highway! Roadway.
Burn material when wind may cause odour and
16
smoke to cause discomfort to persons in the
Sec. 2.3 (c)
$125.00
vicinity.
17
Burn material(s), which produces excessive
Sec. 2.3 (d)
$125.00
smoke or adverse effects.
i
18
Burn material when weather conditions prevent
Sec. 2.4
$ 125.00
dispersion of smoke.
,_
Or!
Provision Creating or
Item
Short Form Wording
Defining Offence
Set Fines
Set or maintain an open-air fire or campfire
Sec. 2.2 (j)
$500.00
19
when a Total Burn Ban or Restricted Fire
Zone is in place.
Burn material(s) with a size greater than 15
Sec. 2.8
$125.00
20
metres (49.5 feet) in length, 5m (16 feet) in width
and 1.5 m (5 feet)
i
in