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TH E CORPORATION OF TH E MU NICI PALITY OF ST..C HARLES
BY.LAW 202+12
BEING A BY.LAW TO ESTABLISH OPEN.AIR BURNING PROCEDURES AND
PRESCRIBING TIMES FOR SETTING FIRES, PRECAUTIONS TO BE TAKEN AND
FOR ISSUING PERMITS FOR BURNING
WHEREAS Section 7.1 of the Fire Protection and Prevention Acf, S.O. 1997,
c.4, as amended, provides that a municipality may pass By-Laws regulating fire
prevention, including the prevention of the spreading of fires and the setting of open-air
fires; including establishing the times during which open air fires may be set;
AND WHEREAS Section 391(1) of the Municipal Mml, S.0. 2001, c. 25,s
anrerded provides that a municipality may pass By-Laws imposing fees or charges on
any class or persons for services or activities provided or done by or on behalf of it;
AND WHEREAS the Ontario Fire Code, Part 2 Section 2.6, Article 2.6.3.4.
states open-air burning shall not be permitted unless approved or unless such
burning consists of a small, confined fire, supervised at all times, and used to cook
food on a grill or barbeque;
NOW THEREFORE, the Council for the Corporation of the Municipality of St.-
Charles hereby enacts as follows'.
SECTION 1 SHORT TITLE
1.1 This By-Law shall be known as the "Open-Air Burning By'Law"
SECTION 2 DEFINITIONS
2.1 AGRICULTURAL WASTE shall include any animal fecal deposits or manure,
and animal carcasses.
2.2 APPROVED means as approved by the Fire Chief or designate
2.3 BRUSH means trees, branches, stumps, and roots.
2.4 CAMPFIRE means a small, contained fire that is supervised at alltimes and
By-Law 2024-12- Open-Air Burning
Page 1 of15
used for the preparation of food and / or to provide warmth
2.5 DISCHARGE means firing, igniting, exploding, and setting off fireworks
2.6 DOMESTIC WASTE shall include but will not be limited to kitchen waste,
food, scraps, cloth, rags, clothing, plastics, and any other materials which contents
include any of the aforementioned.
2.7 FIRE means a fire that would require a permit since it is not being used solely for
warmth or the preparation of food.
2.8 FIRE BAN means a complete or partial ban of any fire as declared by the Fire
Chief.
2.9 FIRE CHIEF means the person appointed by the Council of Corporation of the
Municipality of St.-Charles as the Chief of the Municipality of St.-Charles Fire
Department, and / or his designate.
2.1O FIRECRAKER means a pyrotechnic that explodes when ignited and does not
make any subsequent display or visible effect after the explosion but does not include
paper caps containing less than 25l1OO of a grain of explosives on average per cap,
devices for use of such caps, safety flares or marine rockets.
2.11 FIRE DEPARTMENT means the Fire Department of the Municipality of St.-
Charles.
2.12 FIRE PIT means a container, apparatus or physical construct that is capable of
controlling the spread of a fire.
2j3 FIRE SEASON means the period of time allotted by the Municipality where an
Open-Air Burning Permit is required;
2.14 FIREWORKS mean display fireworks, family fireworks, theatrical fireworks, and
prohibited fireworks.
2.14.1
Display Fireworks means high-hazard fireworks for recreation that are
classified Class 7, Division 2, Subdivision 1 under the Explosive Acf, as
amended. The explosives regulations made thereunder, and includes, but
are not limited to, rockets, serpents, shells, bombshells, tourbillion,
By-Law 2024-12- Open-Air Burning
Page 2 of 15
maroons, large wheels, bouquets, barrages, bombardos, waterfalls,
fountains, batteries, illuminations, set pieces and kitchens.
2.14.2
Family Fireworks means low-hazard fireworks for recreation that are
classified under Class 7, Division 2, Subdivision 2 of the Explosives Acf, as
amended, and the explosives regulations made under, and includes but is
not limited to, firework showers, fountains, golden rain, lawn lights,
pinwheels, roman candles, volcanoes, sparklers and other similar devices,
but does not include Christmas crackers, and paper containing not more
than 251100 grain of explosives on average per cap, devices for use with
such caps, safety flares or marine rockets.
2.14.3
Prohibited Fireworks includes but is not limited to firecrackers, cigarette
loads or kings, exploding matches, sparkling matches, ammunition for
miniature tie clip, cuff link, or keychain pistols, auto alarms or jokers, cherry
bombs, M-80 and silver salutes and flash crackers; throw down and step on
torpedoes, and crackling balls; exploding golf balls, stink bombs and smoke
bombs, tear gas pens and launchers, party peppers and table bombs, table
rockets and battle sky-rockets, fake firecrackers and other trick devices or
practical jokes, as included in the list of Prohibited Fireworks as published
from time to time under the Explosives Act.
2.14.4
Theatrical Fireworks means an authorized explosive of a class set out in
Section 6 of the Explosives Act, Explosives Regulations (C.R.C. c. 599),
that is made, manufactured or used to produce a pyrotechnic theatrical
effect in connection with a motion picture, theatre or television production
or as a performance before a live audience.
2.15 GRASS means dry, dead, fine herbaceous material made up of different grasses,
weeds, agricultural crops, leaves.
2j6 HIGHWAY means and includes a common and public highway, street, roadway,
avenue, parkway, driveway, Square, place, bridge, viadUct, Or treStle, deSigned and
intended for use by the general public.
2.17 HOUSEHOLD HAZARDOUS WASTE means waste generated from a dwelling
and designated by the Municipality as acceptable at a household hazardous waste depot
and includes, but is not limited to:
2.17.1 corrosive waste including batteries, drain cleaners and oven cleaners;
By-Law 2024-12- Open-Air Burning
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2.17.2
2.17.3
2.17.4
2.17.5
2.17.6
2.17.7
toxic waste including pesticides, poisons, pharmaceuticals, and cleaning
fluids;
reactive waste including pool chemicals, ammonia, bleach, and aerosols;
flammable waste including paints, solvents, oils, varnishes, stains and
preservatives, wood protector and polish, epoxies, rust removers, fire
extinguishers, cements, glues, transmission fluid, brake fluid, engine
coolant, motor oil and filters, propane tanks and cylinders, gasoline,
kerosene, and butane lighters;
fluorescent tubes and thermometers;
fertilizers, weed and bug killers; or,
distillates.
2.18 INCINERATOR means an enclosed device used to burn approved refuse as
detailed in Schedule "B" of this By-Law.
2.19 INDUSTRIAL WASTE shall include but not be limited to used automobile
and truck bodies, tires, oil, grease, paint, cloth, rags, plastics, explosives, and any
part there of or other material which contents include any of the aforementioned.
2.20 MUNICIPAL LAW ENFORCEMENT OFFICER means the officer in charge of the
By-Law Enforcement of the Corporation of the Municipality of St.-Charles or his or her
authorized subordinates or assistants.
2.21 MUNICIPALITY means the Corporation of the Municipality of St.-Charles
2.22 NUISIANCE means the use of property or course of conduct that interferes with
the rights of others by causing damage, inconvenience or annoyance, or something that
causes harm, offence, or adverse effect, either to people in general or to a private
individual. This may include excessive smoke, odour or sparking.
2.23 OFFICER means a Municipal Law Enforcement Officer (MLEO), a building
inspector, a fire prevention officer, a fire fighter, a health inspector, a weed inspector
appointed under the Weed Control Act, as amended, or any other person appointed or
employed by the Municipality for the enforcement of By-Laws and includes a peace
officer.
2.24 OPEN-AIR BURNING means any outdoor fire either burned in a container or
on the ground, including a campfire but does not include a permanent or portable
stove. Open burning activities are regulated by the Fire Code and open burning is
also regulated by this Municipal By-Law and enforced locally by the St.-Charles
Fire Department.
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2.25 PERMANENT OR PORTABLE STOVE means a commercially manufactured
permanent or portable device used for the preparation of food and I or tor warmth.
2.26 PERMIT means a permit issued pursuant to the terms of this By-Law
2.27 PERMITEE means any person at least eighteen (18) years of age, who has been
lavrrfully issued an Open-Air Burning Permit by the Municipality of St.-Charles.
2.28 PERSON means an owner, applicant, tenant or anyone over eighteen (18) years
of age and shall include any individual, corporation, partnership, company, association or
party and the heirs, executors, administrators, or other legal representative of such
person, to whom the context can apply according to law, shall include any group of
persons comprising a society or other organization and shall include the plural wherein
the context requires.
2.29 RESTRICTED FIRE ZONE means an order made by the Ministry of Natural
Resources and Forestry (MNRF) under the Foresf Fire Prevention Act, as amended, that
restricts the use of open fires in a specific area of the Province.
2.30 WINDROW means a pile or row of material made up of stumps, brush, limbs, earth,
and rock resulting from land clearing or industrial forest operations using mechanical
equipment.
SECTION 3 JURISDICTION
3.1 This By-Law shall apply to all land within the geographical limits of the
M unicipality of St.-Charles.
SECTION 4 EXEMPTIONS
4.1 A fire wholly contained within a permanent or portable stove that follows all of
the provisions of Section 5 shall not be deemed to be a fire for the purposes of this
By-Law.
4.2 A campfire does not require an Open-Air Burning Permit, but it must follow the
restrictions outlined in Section 5.
4.3 The Fire Department shall be exempt from the provision of this By-Law with
respect to any fire set for the purpose of education and training
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SECTION 5 PROHIBITIONS
No person shall
5.1 Set, permit, and / or allow the setting of a fire - other than a campfire - to burn
outdoors during the fire season - outside of a Fire Ban or Restricted Fire Zone - for any
purpose other than cooking or obtaining warmth, except under the authority of an Open-
Air Burning Permit issued by the Municipality;
5.2 Set, permit, and / or allow a campfire to burn that exceeds 36" x 36" (diameter x
height);
5.3 Use a permanent or portable stove and I or permit the use of a permanent or
portable stove for cooking or warmth in or outside of a Restricted Fire Zone unless it is;
5.3.1
5.3.2
5.3.3
5.3.4
5.3.5
at least one (1) metre from any naturally occurring flammable material;
CSA and / or ULC approved;
designed for and uses a liquid or gas as fuel;
the flame in the stove can be extinguished by closing a fuel control valve or
by closing the stove; or,
fueled by charcoal;
5.4 Set, permit, and / or allow a fire to burn between the hours of seven o'clock
in the morning (7:00 a.m.) and seven o'clock in the evening (7:00 p.m.) from April
1 to October 31;
5.5 Set, permit, and / or allow a fire to burn in and / or on any highway, park,
walkway, public land, or upon any land owned by the Municipality without having
first obtained permission to do so from the Fire Chief or designate;
5.6 Set, permit, and / or allow a fire to burn that causes any issue with visibility on
any highway;
5.7 Set, permit, and / or allow a fire on any land of which the person is not the
registered owner, without the written permission of the registered landowner;
5.8 Set, permit, and / or allow the burning or industrial waste, agricultural waste,
domestic waste, petroleum products, rubber, painted lumber, mixed demolition
debris, explosives, or any part thereof, or anything else that will cause excessive
By-Law 2024-12- Open-Air Burning
page 6 of 15
smoke or fumes in addition to any other material identified in tre regulations contained
in the Environmental Protection Act, as amended;
5.9 Set, permit, and / or allow a fire to burn outdoors unless the fire is under constant
supervision and conditions will allow the fire to burn safely from start to extinguishment;
5.10 Fail to provide sufficient equipment and / or resources at the burn site to
extinguish the fire if the fire gets out of control or is causing any adverse effects;
5.11 Burn less than 4.5 m (15 ft) measured from the edge of a fire pit to any
property line, structure, tree, fence, vehicle, over-head wire or any other
combustible material;
5.12 Burn less than 15 m (50 ft) measured from the edge of a fire greater than one
(1) cubic m (35 cubic ft) in size to any property line, structure, tree, fence, vehicle,
over-head wire or any other combustible material;
5.13 Damage any property or cause injury to persons with respect to the setting
of a fire or permitting the fire to burn;
5.14 Set, permit, and / or allow any fire to burn in an area where winds are greater than
ten (10) km per hour or when wind may cause the following unsafe conditions:
5.14.1
5.14.2
a decrease in visibility on any highway, road or navigable channel;
the rapid spread of any fire through grass, brush, forested area or other
property that was not intended to be burned;
5.15 Leave a fire unattended until it is completely extinguished;
5.16 Set, permit, and / or allow a fire to burn which causes a nuisance or irritation to
others;
5.17 Refuse to extinguish any fire (whether permitted or exempf) if directed to do so by
the Fire Chief or designate or by an officer of the Municipality;
5.18 Set, permit, and / or allow any fire to burn in a Fire Ban or Restricted Fire Zone
(RFZ) (includes campfires);
5.19 Where an Open-Air Burning Permit pursuant to this By-Law has been issued, no
person shall:
By-Law 2024-12- Open-Air Burning
Page 7 of 15
5.19.1
5.19.2
set, permit; and / or allow a fire to burn without a paper or electronic copy
of a permit at the site of the fire set out under said permit;
fail to produce or show a paper or electronic copy of the permit to the Fire
Chief or designate or to any officer of the Municipality;
5.20 Set, permit, and / or allow the burning of slash and land clearing debris that are not
set out in piles or windrows separated by a distance of at least twenty (20) m (66 ft) and
said piles orwindrows shall be in sections not exceeding fifteen (15) m or (50 ft) in length;
5.21 Detonate fireworks or firecrackers during and in accordance with a Fire Ban or in
a Restricted Fire Zone,
5.22 Set, permit or allow the ignition or release of any floating lanterns.
SECTION 6 CANCELLATION OF AN OPEN.AIR BURNING PERMIT
6.1 Any Open-Air Burning Permit may be cancelled or suspended at any time by
the Fire Chief or designate or officer. lmmediately upon receiving notice of such
cancellation or suspension, the permittee shall extinguish any fire started under the
permit. Failing to immediately extinguish a fire set or burning under a suspended
Open-Air Burning Permit shall be considered an offence under this By-Law.
SECTION 7 APPROVAL FROM THE FIRE CHIEF OR DESIGNATE
7.1 Notwithstanding the provisions of Section 5 or 6, the Fire Chief or desQnate
may, upon application, approve the setting of a fire, on the condition that it may be
attended by the Fire Chief of the Municipality of St.-Charles or his / her designate.
SECTION 8 PERMITS
8.1 A Person making application for a Fire Permit shall:
a) be at least eighteen (18) years or age;
b) submit a complete application in the Form established by the Fire Chief
(available on the municipalwebsite or municipal office);
c) submit the required permit fee as prescribed in Schedule 'A' of this By-Law.
By-Law 2024-12- Open-Air Burning
Page 8 of 15
8.2 A Permit is valid for the event and period of time for which it is issued.
8.3 A Permit is valid only for the property identified on the Permit.
8.4 A Permit is not transferable, non-returnable and non-refundable
8.5 The Fire Chief may:
a) refuse to issue a Permit where a Person has previously failed to comply with
the terms and conditions of a Permit or the provisions of this By-Law;
b) impose any additionalterms or conditions considered necessary in the interest
of public safety;
c) vary the terms and conditions of a Permit upon conducting an inspection and
determining safety is maintained through approved site-specific terms and
conditions;
d) revoke a Permit for failing to comply with the terms and conditions of a Permit
or the provisions of this By-Law;
e) issue a Permit for a Fire to be set during hours not otherwise permitted by this
By-Law.
SECTION 9 FEES
9.1 The fees for Open-Air Burning Permits shall conform to fees set out in Schedule
"A" of this By-Law.
SECTION 10 RECOVERY OF COSTS
10.1 In addition to any fines or penalties established elsewhere in accordance
with this By-Law, the person who set the fire, or allowed it to burn, and / or the
owner of the land if the owner permitted the fire to be set or the fire to burn, shall
be responsible for the costs incurred by the Municipal Fire Department necessary
to extinguish any fire set or burning contrary to this By-Law or contrary to any
permit issued under this By-Law by way of a fee or charge as follows:
a. fees based on current fire response MTO rates, and,
b. costs and expenses incurred by the Fire Department and lor in accordance
with the Fees and Charges By-Law.
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1O.2 All fees and charges payable under this By-Law are due and owing to the
Municipality within thirty (30) days of the date of the invoice rendered to the person liable
to pay them.
10.3 Alf overdue accounts shall accrue interest at the rate of 15.0o/o per annum or 1.25o/o
per month, calculated monthly, from the due date until paid in full.
10.4 Anypersonfailingtopaythefines set out above,forthwith upon demand,the
amount of the fee in default may, in addition to any other remedies the Municipality
may have, be added to the tax roll and collected by the Municipality in like manner as
municipal taxes in accordance with Section 398(2) or 446 of the Municipal Acf, as
amended, against the owner of the land, if the owner set the fire, allowed the fire to
burn, or permitted the fire to be set or to burn, in violation of this By-Law or any
permit issued under this By-Law.
SECTION 11 OFFENCES
11.1 Every person who contravenes any provision of this By-Law is guilty of an
offense and may be charged in accordance with the terms of the Fire Protection and
Prevention Act, as amended, of the Ontario Fire Code, in addition to the requirement
to pay the fees set out above; and I or may be charged with an offence under the
Provincial Offences Acf under this By-Law.
11.2 Every person who contravenes any provision of this By-Law is guilty of an
offence and upon conviction is liable to a fine as provided for by the Provincial
Offences Acf, R.S.O. 1990, c. P.33, as amended.
11.3 All penalties imposed by a judicial official are recoverable underthe provisions of the
Provincial Offences Acf together with such costs and expenses as are imposed there
under in Schedule 'C' of this By-Law.
11.4 The Administrative Monetary Penalty System ('AMPS") By-Law applies to each
administrative penalty issued pursuant to this By-Law.
1 1 .5 Each person who contravenes any provision of this By-Law shall, upon issuance of
a Penalty Notice in accordance with the Administrative Monetary Penalty System By-Law,
be liable to pay to the Municipality an administrative monetary penalty.
11.6 No person shall hinder or obstruct the Fire Chief or designate or an officer of the
By-Law 2024-12- Open-Air Burning
Page 10 of 15
municipality, appointed under this By-Law or employed to enforce this By-Law, from
carrying out his or her duties, nor shall any person obstruct any employee or agent
authorized to carry out the work for the municipality in an order issued hereunder.
SECTION 1 2 SEVERABILITY
12.1 Should a Court of competent jurisdiction declare a part or whole of any provision of
this By-Law invalid or of no force and effect, the provision or part is deemed severable
from this By-Law, and it is the intention of Council that the remainder survive and be
applied and enforced in accordance with its terms to the extent possible under the law so
as to protect the public by ensuring a minimum standard for maintenance and occupancy
is maintained.
12.2 Where a provision of this By-Law conflicts with the provision of another By-Law in
force within the municipality, the provisions that establish the higher standards to protect
the health, safety and welfare of the general public shall prevail.
SECTION 13 ADMINISTRATION AND ENACTMENT
13.1 The administrative staff of the Municipality are hereby authorized to issue the said
permits and accept payment of the applicable prescribed fees as described in Schedule
"A',.
13.2 This By-Law replaces and repeals By-Law 2022-38 and all other By-Laws on the
same subject matter which are inconsistent with this By-Law are hereby repealed.
13.3 This By-Law shall come into force and take effect on the day it is passed
READ A FIRST TIME AND CONSIDERED READ A SECOND AND THIRD TIME
AND FINALLY PASSED IN OPEN COUNCIL THIS
Y OF MARCH 2024.
MAYO
By-Law 2024-12- Open-Air Burning
CLERK
Page 11 of15
Yearly Permit
Daily Permit
SCHEDULE "A" . FEES
BY.LAW 2024-12 - OPEN.AIR BURNING BY.LAW
MUNICIPALITY OF ST.-CHARLES
- $100.00 (inclusive of HST)
(valid January 1"t through December 31"t per calendar year)
- $25.00 per day (inclusive of HST)
(limited to a maximum of 4 consecutive days)
Research and reporting - $50.00 per hour (plus HST)
By-Law 2024-12- Open-Air Burning
Page 12 of 15
SCHEDULE "B'' INCINERATORS
BY-LAW 2024.12 - OPEN.AIR BURNING BY.LAW
MUNICIPALITY OF ST..CHARLES
1.
Materials to be considered for burning in an incinerator:
A. Yard Waste (grass, leaves, branches)
B. Household ltems (paper, cardboard, wrapping paper)
C. Small Scraps of Wood
D. Brush and Tree Limbs
2.
Material that shall not be burnt in an incinerator;
Domestic Waste
Construction Materials
Materials made of or containing Rubber
Plastic of any kind
Tar paper or any material made with Tar
lndustrial Waste
Agricultural Waste
Bio Waste, Animal Waste
3.
This is a suggested list and the Fire Chief or his I her designate shall have the
authority to add or remove any item(s) they deem necessary.
4.
Persons having the authorityto burn in an approved container shallalways be
cautious of the wind when burning. When wind direction moves smoke and debris
into their neighbour's property, they shall immediately put out the fire and wait
until the conditions are favorable to restart burning.
A
B
C
D
E
F.
G
H
By-Law 2024-12- Open-Air Burning
Page 13 of 15
SCHEDULE "C'' - SET FINES
BY.LAW 2024.12 - OPEN.AIR BURNING BY.LAW
MUNICIPALITY OF ST..CHARLES
PART I - PROVINCIAL OFFENCE ACT
ITEM
Short Form Wording
Provision
Creating or
Defining
the
Offence
Set Fines
1
Set, Permit, and / or Allow a fire other than a campfire
without an Open-Air Burning Pemit.
5.1
$150.00
2
Set, Permit, and / or Allow a campfire to exceed
prescribed size.
5.2
$150.00
3
Use and / or Allow the use of a non-approved
permanent or portable stove.
5.3
$150.00
4
Set, Permit, and / or Allow a fire during restricted
hours.
5.4
$150.00
5
Set, Permit, and / or Allow an unauthorized fire on
municipal land without permission.
5.5
$250.00
6
Set, Permit, and / or Allow a fire that affects visibility on
a highway.
5.6
$250.00
7
Set, Permit, and / or Allow a fire without owner's
permission.
5.7
$150.00
8
Burn waste - Cause, Permit, and I or Allow excessive
smoke or fumes.
5.8
$150.00
I
Set, Permit, and / or Allow a fire under unsafe
conditions.
5.9
$250.00
10
Fail to provide extinouishment equipment.
5.10
$250.00
11
lmproper minimum safe distance utilized
5.11
$150.00
12
lmproper minimum safe distance utilized for fire larger
than one (1) cubic metre.
5.12
$150.00
13
Set and / or Permit a fire causing damage to property.
5.13
$250.00
14
Set and / or Permit a fire causing iniury to people.
5.13
$250.00
15
Set, Permit, and / or Allow a fire in high wind
5.14
$250.00
16
Leave a fire unattended
5.15
$250.00
17
Set, Permit, and / or Allow a nuisance fire
5.16
$150.00
18
Refuse to extinguish a fire when directed
5.17
$250.00
19
Set, Permit, and / or Allow a fire or campfire during a
Fire Ban or in a Restricted Fire Zone.
5.18
$250.00
20
Fail to have a permit on site of fire
5.19.1
$150.00
21
Fail to produce a oermit at site of fire
5.19.2
$150.00
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Page 14 of 15
22
Set, Permit, and/or Allow burning of land clearing piles
/ windrows closer than prescribed distance.
5.20
$350.00
23
Set, Permit, and / or Allow burning of land clearing
piles / windrows greater than the
bed length
5.20
$350.00
24
Detonation of Fireworks or Firecrackers during a Fire
Ban or in a Restricted Fire Zone
5.21
$450.00
25
Set, Permit, and / or Allow the ignition or release of
flvinq lanterns
5.22
$450.00
26
Hinder or obstruct an officer.
11.6
$450.00
NOTE: The general penalty provisions for the offences indicated above is Section
11.2 of By-Law 2024-12, a certified copy of which has been filed.
By-Law 2024-12- Open-Air Burning
Page 15 of 15