This is the exact embedded text of the captured official document.
Snapshot ecc28e1f3120 · verified 2026-06-09 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
THE CORPORATION OF THE
TOWNSHIP OF WELLINGTON NORTH
BY-LAW NUMBER 098-2024
BEING A BY-LAW TO REGULATE OPEN AIR BURN AND REPEAL
BY-LAW 057-2016
WHEREAS Section 7.1 (1)(b) of the Fire Protection and Prevention Act, S.O.
1997, c. 4. As amended provides authority to the Council of a municipality to
pass by-laws to regulate the setting of open-air fires, including establishing the
times during which open-air fires may be set;
AND WHEREAS Section 7.1.(3). Of the Fire Protection and Prevention Act,
1997, S.O. 1997, c.4, as amended, provides that a by-law under this section may
deal with different areas of the municipality differently;
AND WHEREAS Article 2.4.4.4. of the Ontario Fire Code, O. Reg. 388/97,
provides that 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 or in an appliance that is in compliance with
the Technical Standards and Safety Act, 2000, for outdoor use and is installed in
accordance with the manufacturer's instructions;
AND WHEREAS section 7.1.(4). Of the Fire Protection and Prevention Act,
1997, S.O. 1997 c. 4, as amended, provides that a municipality may appoint an
officer to enter upon land and into structures at any reasonable time to inspect
the land and structures to determine whether by-laws enacted in accordance with
this section are being complied with;
AND WHEREAS Section 128 of the Municipal Act, S.O. 2001, c. 25 as amended,
provides that a municipality may pass by-laws to prohibit and regulate public
nuisances, including matters that, in the opinion of Council are or could become
public nuisances;
AND WHEREAS in section 446 of the Municipal Act, 2001 that if a municipality
has authority under the Act or under a by-law under this or any other Act to
direct or require a person to do a matter or thing, the municipality may also
provide that, in default of it being done by the person directed or required to do
it, the matter or thing shall be done at the person's expense;
AND WHEREAS Council considers excessive smoke, odour, airborne sparks or
embers, and airborne particles of burnt materials to be or become or cause
public nuisance by creating negative health effects on neighbouring residents,
increasing fire exposure hazards, infringing the enjoyment of the use of
neighbouring properties and generating false fire alarms;
Docusign Envelope ID: F4D98383-4DD4-4A12-9695-202499FBD2B2
By-law No. 098-2024
Page 2 of 8
NOW THEREFORE the Council of The Corporation of the Township of Wellington
North enacts as follows:
1.
DEFINITIONS
"Barbeque" shall mean appliances designed and intended solely for the cooking
of food in the open air, including a hibachi and other similar commercially
manufactured devices designed but does not include devices designed for
personal warmth.
"Burn Barrel" shall mean a metal barrel in sound condition no larger than a 205
L (45 gal) drum with a heavy-duty screen with a mesh size not greater than 2.5
cm by 2.5 cm (1 in by 1 in) over the top to prevent debris from flying out of the
barrel.
"By-Law Enforcement Officer" shall mean a duly appointed Municipal By-Law
Enforcement Officer for the Corporation of the Township of Wellington North.
"Fire Chief" shall mean the Director of Fire Services for Wellington North Fire
Services of the Corporation of the Township of Wellington North or their
designate.
"Firefighter" shall mean the Fire Chief and any other person employed in or
appointed to Wellington North Fire Services and assigned to undertake fire
protection services.
"Ground Cover" shall mean, but is not limited to, leaves, grasses, weeds, tree
needles or wood chips on the ground.
"Incinerator" shall mean an apparatus for burning material at elevated
temperatures until it is reduced to ash.
"Open Air" shall mean any open place, yard, field, or construction area which is
not enclosed by a building or structure.
"Open Air Burning" shall mean a fire set in the Open Air.
"Outdoor Fireplace" shall mean a manufactured non-combustible enclosed
container designed to hold a small fire for decorative purposes and may include
but is not limited to chimineas.
"Owner" shall mean the registered owner and/or any person (over the age of
Docusign Envelope ID: F4D98383-4DD4-4A12-9695-202499FBD2B2
By-law No. 098-2024
Page 3 of 8
18), firm or corporation having control over, or possession, of any portion of a
building or property under consideration and includes the persons in the building
or property.
"Permit" shall mean a permit issued by the Township of Wellington North to set
a fire in the open air for a specified time.
"Public Nuisance" as determined by the Fire Chief, designate, or By-Law
Enforcement Officer, means excessive smoke, odour, airborne sparks or embers,
and airborne particles of burnt materials that are likely to be a concern of others
by, increasing fire exposure hazards, being adverse to public safety, and
generating false alarms.
"Recreational Camp Fire" shall mean a small, confined fire, always supervised,
and used to cook food or provide warmth.
"Sky Lanterns" shall mean a hot air balloon made of paper, with an opening
at the bottom where a small fire is suspended.
"Smog Alert" shall mean an alert issued by the Ministry of the Environment with
respect to air quality.
"Township" means the Corporation of the Township of Wellington North.
"Urban Area" means the lands in the Township of Wellington North that are not
zoned as agricultural and are located within a built-up area.
2.
ADMINISTRATION
2.1 The Fire Chief, their designate, or By-Law Enforcement Officer shall be
responsible for the administration and enforcement of this by-law.
2.2 The Fire Chief, their designate or By-Law Enforcement Officer is
authorized to order any person to extinguish any fire when there is a
breach of any of the provisions of this by-law, or where, in their
judgment, there is a danger of such fire spreading and endangering life
or property.
2.3 The Fire Chief or designate may issue a total ban on Open Air Burning if
dry conditions or drought make burning dangerous.
2.4 Wellington North Fire Services shall be exempt from this by-law's
provisions regarding open air fires for training, educating individuals in
fire safety or for research purposes.
Docusign Envelope ID: F4D98383-4DD4-4A12-9695-202499FBD2B2
By-law No. 098-2024
Page 4 of 8
3.
ENVIRONMENT
3.1 All open-air burning shall comply with the provisions of the
Environmental Protection Act, R.S.O. 1990, c. E 19, as amended.
3.2 No open-air burning shall be permitted when a Smog Alert has been
issued for the forecast area of the County of Wellington which includes
the Township of Wellington North.
4.
GENERAL PROVISIONS FOR ALL FIRES
4.1 No person shall release sky lanterns in the Township of Wellington
North.
4.2 No person shall set or maintain an open-air burn larger than 1 m (3 ft) in
diameter without a permit issued by the Township of Wellington North.
4.3 No person shall permit any individual under the age of 18 to be in care
and control of a fire.
4.4 No person shall set or maintain a fire that causes discomfort, danger,
irritation, and/or nuisance for other residents including smoke entering a
neighboring residence or building or across a highway.
4.5 No Person shall burn garden waste or leaves in the boundaries of any
urban area within the Township of Wellington North.
4.6 No person shall set or maintain a fire without a suitable means of
extinguishment available while the fire is burning.
4.7 No person shall burn any of the following prohibited items:
paint, solvents, rubber, wire (including coating), plastics, asphalt,
shingles, toxic chemicals, or any materials that violate the regulations of
the Ministry of the Environment be burned, ignited, or added to the fire at
any time.
4.8 No permit is required for a burn barrel (where permitted), recreational
campfire, outdoor fireplace, cooking fire or barbeque.
4.9 Every person that sets or maintains a fire shall maintain a constant
watch and control over the fire from the time it is started until the time it
is completely extinguished.
4.10 No person shall set or maintain a fire during a declared burn ban as
Docusign Envelope ID: F4D98383-4DD4-4A12-9695-202499FBD2B2
By-law No. 098-2024
Page 5 of 8
issued by the Fire Chief or designate, except for use in a barbeque.
5.
OPEN AIR BURNS
5.1 No person shall set or maintain a fire that is larger than 1 m (3 ft) in
diameter before sunrise or after sunset.
5.2 No person shall set or maintain a fire that is closer than 45 m (150 ft)
from any building, structure, property line, hedge, fence, roadway,
overhead wire, or other combustible article.
5.3 No person shall set or maintain a fire if the wind velocity is greater than
10 km/hr.
5.4 No person shall set or maintain a fire within five m (16 ft) of any
combustible ground cover.
5.5 No person shall set or maintain a fire that exceeds 3 m (10 ft) in
diameter and/or 2 m (6 ft) in height without an inspection and approval
from the Fire Chief or designate.
5.6 An application for a permit must be completed online through the
Township of Wellington North or by contacting the Township of
Wellington North Administration Office during regular business hours at
(519) 848-3620 and providing the following information:
Name, address (a 911 number is required), phone number, material to
be burned, date the burn will begin and the date the burn will end. It is
recommended that the online route is the method to try first before
calling.
6.
CAMPFIRES
6.1 No person shall set or maintain a fire less than 3 m (10 ft) from any
building, structure, property line, tree, hedge, fence, roadway, overhead
wires, or other combustible article.
6.2 No person shall set or maintain a recreational campfire that is larger
than 1 m (3 ft) in diameter or 1 m (3 ft) in height.
6.3 No person shall set or maintain a fire unless there is a portable fire
extinguisher, an operable water hose, or other suitable means of
extinguishment readily available.
6.4 Every person that sets or maintains a fire shall keep constant watch over
Docusign Envelope ID: F4D98383-4DD4-4A12-9695-202499FBD2B2
By-law No. 098-2024
Page 6 of 8
the fire from the time it is ignited until the time it is extinguished.
6.5 No person shall set or maintain a fire that causes discomfort, danger,
irritation, and/or nuisance for other residents including smoke entering a
neighboring residence or building or across a highway.
7.
BURN BARRELS
7.1 No person shall set or maintain a fire in a burn barrel on a property in an
urban area in the Township of Wellington North except in the instances
of a strike or lockout and are located on an industrial or commercial
zoned property and is under constant supervision at the strike or lockout
location.
7.2 A burn barrel shall be in sound condition with a heavy-duty screen that
has a mesh size not greater than 2.5 cm x 2.5 cm (1 in x 1 in) over the
top.
7.3 Vent holes shall be placed in the sides near the bottom of the barrel to
allow for ventilation and drainage.
7.4 No person shall set or maintain a fire that is closer than 3 m (10 ft) from
any building, structure, property line, hedge, fence, roadway, overhead
wire, or other combustible article.
8.
BARBEQUES
8.1 No person shall ignite, light, or start a fire in a barbeque or grill unless
the fuel used is a commercially produced charcoal, wood pellet, or a
flammable liquid commercially produced for the purpose of cooking
(propane, natural gas).
8.2 No person shall light, ignite, start a fire, or permit a fire to be lighted,
ignited or started in a grill or barbeque on or under a balcony of any
building containing two (2) or more dwelling units.
9.
INCINERATORS
9.1 All outdoor incinerators will be built and maintained as per NFPA (National
Fire Protection Association) 82 Standard on Incinerators and Waste and
Linen Handling Systems and Equipment where applicable. All Incinerators
outside of this standard shall be approved by the Fire Chief or designate.
All incinerators shall be inspected before they are commissioned, and an
annual permit must be approved each year thereafter.
Docusign Envelope ID: F4D98383-4DD4-4A12-9695-202499FBD2B2
By-law No. 098-2024
Page 7 of 8
9.2 All outdoor incinerators shall be maintained in good repair and in good
working condition.
9.3 An outdoor incinerator must be located no closer than 15 m (50 ft) to any
building, structure, property line, tree, hedge, fence, roadway, overhead
wires, or other combustible article.
9.4 No person shall start or maintain a fire in an incinerator if the wind velocity
is greater than 10 km/h.
9.5 An incinerator shall not be placed within 5 m (15 ft) of combustible ground
cover.
9.6 An incinerator shall not create a public nuisance.
10. OFFENCE AND ENFORCEMENT
10.1 Every person who contravenes any provision of this by-law is guilty of an
offence and on conviction is liable to a fine as provided for in the
Provincial Offences Act, R.S.O., 1990, c. P. 33.
10.2 A permit issued under this by-law may be revoked by the Fire Chief or
designate if the permit holder fails to comply with the requirements of the
permit and/or any other provisions of this by-law.
10.3 The Fire Chief or designate must be notified if there are any changes to
the conditions in which the permit was issued.
10.4 If a contravention of this by-law results in fire suppression or fire
prevention personnel and vehicles being dispatched to respond to the
property, the person in control of the fire and/or the property owner may
be charged at the discretion of the Fire Chief, for the cost of such
response in accordance with the Fees and Charges By-Law. However,
nothing in any schedule of rates shall be construed as limiting the rights
of the Township of Wellington North to seek restitution for other direct or
consequential damages or costs incurred beyond those listed.
10.5 The Township may recover the costs incurred as the result of fire
suppression or fire prevention personnel and vehicles being dispatched
to the property by invoicing the person that was in control of the fire
and/or property owner and adding 2% interest per month until the
invoice is paid in full, including interest.
10.6 If an invoice for a fire department response goes unpaid, the Township
may add the costs, including interest, to the tax roll and collect these
Docusign Envelope ID: F4D98383-4DD4-4A12-9695-202499FBD2B2
By-law No. 098-2024
Page 8 of 8
costs in the same manner as property taxes.
10.7 The amount of the costs, including interest, constitutes a lien on the
property upon the registration in the proper land registry office of a
notice of lien. The lien is in respect of all costs that are payable at the
time the notice is registered plus interest accrued to the date the
payment is made. Upon receiving payment of all costs payable plus
interest accrued to the date of payment, the Township shall register a
discharge of the lien in the proper land registry office.
10.8 No person shall hinder or obstruct the Fire Chief, their designate or a By-
law Enforcement Officer in the enforcement of this by-law.
10.9 The Fire Chief, their designate, or a By-Law Enforcement Officer may
enter on the land at any reasonable time for the purpose of carrying out
an inspection to determine whether the by-law is complied with.
11. VALIDITY
11.1 If a court of competent jurisdiction declares any provision or part of a
provision of this by-law to be invalid or to be of no force and effect, it is
the intention of Council that the remainder of the by-law shall continue to
be in full force and effect.
12. REPEAL
12.1 This By-Law repeals By-Law 057-2016
13. BY-LAW IN FORCE
13.1 This by-law shall come into force and take effect on January 1, 2025
of its final passing.
READ AND PASSED THIS 18TH DAY OF NOVEMBER 2024.
ANDREW LENNOX, MAYOR
KARREN WALLACE, CLERK
Docusign Envelope ID: F4D98383-4DD4-4A12-9695-202499FBD2B2