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1
THE CITY OF VAUGHAN
BY-LAW
FIRE BURN PERMIT
(Consolidated Version - Enacted as By-law 157-2023)
Last consolidated on July 22, 2025. City of Vaughan
by-laws are provided online for convenient public
reference. By-laws are consolidated on an ongoing
basis, but recent amendments may not be reflected
in the latest consolidated version. Check the
Amendment History to get a complete listing of all
pertinent regulations. For further information contact
the Office of the Director and Chief Licensing Officer.
A By-Law of The Corporation of the City of Vaughan to prescribe times for
setting fires and precautions to be observed to prevent the spread of fires and
to repeal By-law 149-99, as amended.
WHEREAS subsections 11(2)6. and 11(2)8. of the Municipal Act, 2001, S.O. 2001, c.
25 ("Municipal Act"), as amended, authorizes a municipality to pass bylaws respecting
the health, safety and well-being of persons and the protection of persons and
property;
AND WHEREAS section 2.4.4.4 of The Ontario Fire Code O. Reg. 213/07 provides
that open-air burning shall not take place unless it has been approved or the open air
burning consists of a small, confined fire that is used to cook food on a grill, barbecue
or spit, commensurate with the type and quantity of food being cooked and
supervised at all times;
AND WHEREAS Council has determined that it is desirable to regulate open-air
burning within the City;
NOW THEREFORE the Council of The Corporation of the City of Vaughan
ENACTS AS FOLLOWS:
Table of Contents
1.0 Short Title ................................................................................................................ 2
2.0 Applicability and Scope .......................................................................................... 2
3.0 Definitions and Interpretation ................................................................................ 2
4.0 General Provisions ................................................................................................. 4
2
5.0 Enforcement ............................................................................................................ 5
6.0 Administrative Penalties ......................................................................................... 6
7.0 Fines ........................................................................................................................ 6
8.0 Severability .............................................................................................................. 6
9.0 Transition ................................................................................................................. 7
10.0 Conflict with Other By-laws .................................................................................. 7
11.0 Repeal and Amendment of Other By-laws .......................................................... 7
12.0 Force and Effect .................................................................................................... 7
1.0 Short Title
(1) This By-law shall be known and may be cited as the "Fire Burn Permit By-law".
2.0 Applicability and Scope
(1) The provisions of this By-law apply to all lands and premises within the City of
Vaughan.
3.0 Definitions and Interpretation [Amended by section 1.(a) of By-law 133-2025 on June
24, 2025]
(1) In this By-law, unless the context otherwise requires, words imparting the singular
number shall include the plural, and words imparting the masculine gender shall
include the feminine and further, the converse of the foregoing also applies where
the context requires.
(2) Wherever a word is used in this By-law with its first letter capitalized and the whole
word italicized, the term is being used as it is defined in 3.0(6) of this By-law. Where
any word appears in ordinary case, the commonly applied English language
meaning is intended.
(3) Any reference to a statute, regulation, by-law or other legislation shall include such
statute, regulation, by-law or legislation as amended, re- enacted, replaced, or
superseded.
(4) Where any expression of time occurs or where any hour or other period of time is
stated, the time referred to shall be standard time except in periods when daylight
saving time is in effect, in which periods it shall be daylight saving time.
(5) Where measurements are used in this By-law, the Metric system shall be deemed
3
to be the official and required system of measurement. Measurements in the
Imperial system are provided for convenience purposes only.
(6) In this By-Law:
"Administrative Penalties By-law" refers to City Administrative Penalties By-law 240-
2024;
"Applicant" means the Owner of a building or property who applies for a Permit or
any Person authorized in writing by the Owner to apply for a Permit on the Owner's
behalf;
"Chief Fire Official" means the Fire Chief of the City or a member or members of
the Vaughan Fire and Rescue Service designated by the Fire Chief;
"City" means The Corporation of the City of Vaughan;
"Dangerous Condition" means, in the opinion of the Chief Fire Official:
(a)
a lack of precipitation which increases the risk of the spread of Fire;
(b)
winds which increase the risk of the spread of Fire;
(c)
a decrease in visibility due to the smoke from the Fire, on any highway
or roadway;
(d)
any odour or residue to such an extent or degree so as to cause
complaint of nuisance from other Persons in the immediate area; or
(e)
any other condition declared by the Chief Fire Official to be a
Dangerous Condition, from time to time;
"Enclosed Fire" means a Fire set within the confines of any building, or
contained within any container constructed for incineration purposes according to
the specifications of the Fire Code, and Fires built in fireplaces or metal or brick
barbecues, for cooking purposes;
"Equipment and Resources" means sufficient personnel and equipment such as
rakes, shovels, back hoes, bulldozers, front-end loaders, or water on-site required
to control a Fire;
"Fees and Charges By-law" refers to City Fees and Charges 251-2024; "Fire"
means any fire set by any Person within the boundaries of the City, but does not
include an Enclosed Fire;
"Fire Code" means the Ontario Fire Code (O. Reg. 213/07) made under the
Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4;
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"Municipal By-law Enforcement Officer" means a person appointed as a Municipal
By-law Enforcement Officer, pursuant to section 15 of the Police Services Act,
R.S.O. 1990, c. P.15 or section 55 of the Community Safety and Policing Act,
2019, S.O. 2019, c. 1, Sched. 1, to enforce the provisions of this By-law;
"Officer" means an employee or officer of the City responsible for the enforcement
of the provisions of this By-law, as amended, or its successor by-law, and includes
any member of the Vaughan Fire and Rescue Services, a Provincial Offences
Officer, and a Municipal By-law Enforcement Officer of the City;
"Owner" means the registered owner of property, or any Person, firm or
corporation having control over or possession of the property or any portion thereof,
including mortgagee in possession, receiver and manager, trustee and trustee in
bankruptcy, or other legal representatives of an owner to whom the context can
apply according to law;
"Permit" means the document issued by the Chief Fire Official signifying
permission to set a Fire;
"Person" means any individual, association, firm, partnership, corporation, agent or
trustee and the heirs, executors, or other legal representatives of a Person to
whom the context can apply according to law;
"Provincial Offences Act" refers to Provincial Offences Act, R.S.O. 1990, c. P.33';
"Vaughan Fire and Rescue Service" means a fire department within the meaning
of the Fire Protection and Prevention Act, 1997, and is deemed to include any
member of the Vaughan Fire and Rescue Service.
4.0 General Provisions
(1) No Person shall set a Fire or allow a Fire to burn on property owned or leased or in
possession or control of the Person, without first having obtained the necessary
Permit from the Chief Fire Official. Such Permit shall be issued in a written form
prescribed by the Chief Fire Official, after payment of the required fee as per Fees
and Charges By-law. [Amended by section 1.(f) of By-law 133-2025 on June 24,
2025]
(2) Material allowed to be burned is restricted to smaller amounts of vegetation/
garden/ yard debris native to the private residential site and larger amounts of
similar debris associated with and native to land clearing operations on other sites,
5
as approved by the Chief Fire Official.
(3) A Permit for a Fire in the open air shall not be issued until an inspection of the
burn site has been made by the Chief Fire Official.
(4) An Applicant for a Permit shall submit a completed application in the form
prescribed by the Chief Fire Official.
(5) Notwithstanding any provisions herein, no Person shall set or maintain a Fire:
(a)
in contravention of the Fire Code, the Environmental Protection Act or any
other statutory requirements of Canada or of the Province of Ontario;
(b)
on any public road or park;
(c)
in the front or side yard of any developed commercial or developed
industrial zoned property within the City;
(d)
at a distance less than 60 metres (196.8 feet) from any building, structure,
hedge, fence, public vehicular roadway or overhead wiring;
(e)
at a distance of less than 15 metres (49.2 feet) from any property line;
(f)
unless there is a space clear and free from combustible material around the
perimeter of such Fire of at least 9 metres (29.5 feet);
(g)
in contravention of the limits on type and volume of material or other
restrictions specified on the Permit;
(h)
after sunset in the afternoon on any day and before sunrise in the forenoon of
any day;
(i)
unless the Equipment and Resources designated on the Permit are available
at the fire site at all times during the Fire;
(j)
with the aid of flammable or combustible liquids or accelerants of any kind;
(k)
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.
(6) The Chief Fire Official may revoke any or all Permits issued for Fires or refuse the
issue of any such Permits in the existence or threat of a Dangerous Condition.
(7) The Applicant or Owner of a property:
(a)
upon which a Fire burns and for which no Permit has been obtained, or
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(b)
for which a Permit was obtained upon the supplying of false information to
the Chief Fire Official ; or
(c)
who fails to extinguish a Fire once notification to do so has been given to him
by the Chief Fire Official, and any Person who fails to comply with provisions of
this By-Law, shall in addition to any penalty provided for herein, be liable to
the City for all expenses reasonably incurred for the purpose 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 taxes.
5.0 Enforcement
(1) This By-law shall be enforced by an Officer.
(2) An Officer may enter upon land within the City at any reasonable time for the purpose
of determining compliance with this By-law.
(3) No Person shall refuse or neglect to give, produce or deliver any access, information,
document, or other thing that is requested by an Officer in the performance of their
duties.
6.0 Administrative Penalties [Amended by section 1.(c) of By-law 133-2025 on June 24,
2025]
(1) Instead of laying a charge under the Provincial Offences Act for a breach of any
provisions of this By-law, an Officer may issue an administrative penalty to the
Person who has contravened this By-law. [Amended by sections 1.(d) and 1.(e) of
By-law 133-2025 on June 24, 2025]
(2) If a Person is required to pay an administrative penalty under section 6.0(1), no
charge shall be laid against that same Person for the same contravention.
[Amended by section 1.(d) of By-law 133-2025 on June 24, 2025]
(3) The amount of the administrative penalty for a breach under this By-law is $200.
[Amended by section 1.(d) of By-law 133-2025 on June 24, 2025]
(4) A Person who is issued an administrative penalty shall be subject to the
procedures provided for in the Administrative Penalties By-law. [Amended by
sections 1.(b) and 1.(d) of By-law 133-2025 on June 24, 2025]
(5) An administrative penalty imposed on a Person that becomes a debt to the City
under the Administrative Penalties By-law may be added to the municipal tax roll
and collected in the same manner as municipal taxes. [Amended by section 1.(b)
7
of By-law 133-2025 on June 24, 2025]
7.0 Fines
(1) Every Person who contravenes any provision of this By-law is guilty of an offence
and upon conviction is liable to a fine in accordance with the Provincial Offences
Act. [Amended by section 1.(e) of By-law 133-2025 on June 24, 2025]
(2) The making of a false or intentionally misleading statement, representation or any
other recital of fact, in any application form, statutory declaration or other document
or agreement required for a Permit under this By-law shall be deemed to be a
violation of the provisions of this By-law.
(3) Every Person shall comply with all provisions of this By-law applicable to him or
her, whether or not the Person has applied for or obtained a Permit under this By-
law.
8.0 Severability
(1) If any provision of this by-law or the application thereof to any Person or
circumstance is held to be invalid by a court of competent jurisdiction, the invalidity
does not affect other provisions or applications of the by-law which can be given
effect without the invalid provision or application, and to this end the provisions of
this by-law are severable.
9.0 Transition
(1) Notwithstanding the repeal of by-law 149-99 and its amendments, that by-law shall
continue to apply to any acts, omissions or occurrences, and to any offences that
took place prior to the enactment of this by-law.
10.0 Conflict with Other By-laws
(1) Where there is a conflict or contradiction between this By-law and any other by-law
of the City, the provisions establishing the more restrictive standard shall prevail.
11.0 Repeal and Amendment of Other By-laws
(1) The Fire Burn Permit By-law No. 149-99, as amended, is hereby repealed and
replaced with this By-law.
(2) Schedule 1 of the Administrative Penalties By-law is hereby amended by
including this By-law as a Designated By-law. [Amended by section 1.(b) of
By-law 133-2025 on June 24, 2025]
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12.0 Force and Effect
(1) This By-law shall come into force and effect on the date it is enacted.
Voted in favour by City of Vaughan Council this 17th day of October, 2023.
Steven Del Duca, Mayor
Todd Coles, City Clerk
Authorized by Item No. 3 of Report No. 41 of the Committee of the Whole
Report adopted by Vaughan City Council on October 11, 2023.
City Council voted in favour of this by-law on October 17, 2023.
Approved by Mayoral Decision MDC 005-2023 dated October 17, 2023.
Effective Date of By-Law: October 17, 2023
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AMENDMENT HISTORY
FIRE BURN PERMIT BY-LAW
DATE
(YYYY/MM/DD)
BY-LAW
AUTHORITY
CONSOLIDATED
2025 / 06 / 24
133-2025
Item No. 14 of Report No. 23,
Committee of the Whole
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