This is the exact embedded text of the captured official document.
Snapshot 0240f19171ca · verified 2026-06-09 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
THE CORPORATION OF THE MUNICIPALITY OF WHITESTONE
By-Law No. 37-2020
A By-Law to Regulate Open Air Burning
WHEREAS pursuant to Section 7.1 of the Fire Protection andPrevention Act( S.O. 1997,
C.4 as amended), Council may pass by-laws to regulate the setting of open air fires in the
Municipality of Whitestone, including establishing the times during which open air fires
may be set;
AND WHEREAS Section 128 (1) of the Municipal Act(S.O. 2001, C.25 as amended),
permits a local municipality to prohibit and regulate with respect to public nuisances,
including matters that, in the opinion of council, are or could become or cause public
nuisances;
AND WHEREAS pursuant to Section 429, subject to subsection (4), of the Municipal Act
(S.O. 2001, C.25 as amended), a municipality may establish a system of fines for offences
under a by-law of the municipality passed under this Act;
AND WHEREAS the Council of the Municipality of Whitestone deems it expedient to
regulate the setting of open fires, including establishing the times during which open air
fires may be set;
NOW THEREFORE, the Council of the Corporation of the Municipality of Whitestone
enacts as a by-law the following:
Definitions
In this by-law:
1.
"Camp Fire" means an Open Air Fire used for cooking and as a focal point
for social activities;
(a)
"Combustible Material" means a solid or liquid that can be easily ignited
and burned;
(b)
"Daytime Burning Permit" or "Day Permit" means a permit issued by the
Fire Chief or his or her designate to burn in the day time;
"Extinguish completely" means the fire no longer has glowing embers
and no longer emits heat or smoke.
"Fire Chief" means the person appointed by Council to act as Fire Chief
for the Municipality of Whitestone, as defined in the Fire Protection and
Prevention Act, 1997 or his or her designate;
(c)
(d)
(e)
Page 1of 10
Open Air Burning By-Law 37-2020
"Fire Hazard Rating" means one of the following ratings established from
time to time by the Fire Chief and communicated publicly by the
Municipality to indicate the risk of forest fires based on changing conditions:
LOW, MODERATE, HIGH, EXTREME;
"Fire Season" means the period from the 1st day of April to the 31st day of
October in each year, as set out in the ForestFires Prevention Act (R.S.O,
1990, F.24, as amended);
(f)
(g)
"Flammable Material" means a solid, liquid, or vapour that may ignite
immediately in contact with fire or high temperature;
(h)
"Municipal Fire Ban" means that the Fire Chief has issued an order
prohibiting Outdoor Fires within the Municipality off Whitestone until further
notice, pursuant to this By-Law.
(0
"Noxious Material" includes tires, plastic, rubber products, drywall,
demolition waste, construction waste, paint, animal organic waste,
vegetable waste, food waste, biomedical waste, tar, asphalt products,
batteries, pressure-treated wood, creosote-treated wood, and painted
wood;
(j)
"Open Air Fire" or"Outdoor Fire" or"Fire" means an open flame or fire
set outside of a building;
"Portable Stove" means a commercially manufactured portable device
used for cooking that can be moved without mechanical assistance;
"Responsible Person" means the person or persons who have actual
control over the open air burning and/or the property where the open air
burning takes place;
(k)
(I)
(m)
"Restricted Fire Zone" means a specific area in Ontario where Outdoor
Fires are not permitted for a specific period of time, pursuant to the Forest
Fires Prevention Act(R.S.O. 1990, ChapterF.24) and Ontario Regulation
207/96 (Outdoor Fires) made thereunder;
"Seasonal Fire Permit" means a permit issued by the Municipality of
Whitestone to set a Camp Fire in the open air for the duration of the Fire
Season, subject to the restrictions of this By-Law.
(n)
(o)
"Special Burning Permit" means a permit issued by the fire Chief or his or
her designate to set a fire other than a Camp Fire at a specified time and
place and subject to conditions specified on the permit.
"Smoking" means smoking of any lit tobacco or cannabis product while
walking or working in a forested area or on a fitness or walking trail.
(P)
(q)
Page 2 of 10
Open Air Burning By-Law 37-2020
Fire Permit Required
Any person setting an Open Air Fire in the Municipality of Whitestone during the
Fire Season, except using a portable liquid or gas appliance in accordance with
section 9. or a portable or permanent charcoal installation in accordance with
sectionlO, shall
2.
first obtain a Seasonal Fire Permit from an authorized permit issuer, or a
Special Burning Permit from the Fire Chief or his or her designate, and
(1)
(2)
keep the applicable Seasonal Fire Permit or Special Burning Permit
available for inspection at the location of the Fire at all times while the fire is
set.
General Conditions of Outdoor Burning
The following general conditions shall apply to all outdoor burning and shall remain
in force throughout the year:
3.
No person shall start an Outdoor Fire unless conditions will allow the Fire to
burn safely from start until Extinguished Completely. In particular, the
winds must not be high enough to carry embers or sparks to any
Flammable or Combustible Material.
(D
No Noxious Material shall be burnt.
(2)
The Fire shall be attended by a responsible person until the Fire is
Extinguished Completely.
(3)
The means to extinguish the Fire completely, including any means specified
on the Fire Permit, shall be available at the site of the Fire at all times while
the Fire is set.
(4)
Camp Fire for Cooking and/or Socializing
No person shall start or tend a Camp Fire for cooking and/or socialization during the
Fire Season unless the person has first obtained a Seasonal Fire Permit issued
under subsection 2.(1) and all the following conditions are met, in addition to the
general conditions of Section 3. above:
4.
The Camp Fire is situated on bare rock or non-combustible material;
The Camp Fire is surrounded by at least one (1) metre of non-combustible
material;
The Camp Fire is situated at least three (3) metres from any flammable
material;
(a)
(b)
(c)
Page 3 of 10
Open Air Burning By-Law 37-2020
The Camp Fire is less than one (1) metre in diameter and less than (1) metre
in height;
The Camp Fire is set after 6:00pm and Extinguished Completely before
6:00am if the Fire Hazard Rating is HIGH or EXTREME.
(d)
(e)
Brush Burning
No person shall start or tend an Open Air Fire during the Fire Season for the
purpose of burning brush unless the person has first obtained a Special Burning
Permit issued under subsection 2.(1) and all the following conditions are met, in
addition to the general conditions of Section 3. above:
5.
The material to be burned is limited to piled wood, brush, and/or discarded
wood products;
The pile is less than two (2) metres in diameter and less than two (2)
metres high;
The Fire is started after 6:00 p.m. and is extinguished before 6:00 a.m.,
unless the Fire Permit specifies otherwise;
The Fire is situated at least three (3) metres from any Flammable Material.
(a)
(b)
(c)
(d)
Incinerator (day / night)
No person shall start or tend an Outdoor Fire in an incinerator during the Fire Season
unless the person has first obtained a Special Burning Permit issued under
subsection 2.(1) for burning in an incinerator and all of the following conditions are
met, in addition to the general conditions of Section 3. above:
6.
The incinerator is an enclosed device constructed entirely of non-combustible
material;
The incinerator is at least five (5) metres from any building or forested area;
The incinerator is at least two (2) metres from any Flammable Material;
The outlet of the incinerator is covered with a mesh having an opening of less
than five (5) millimetres in size;
Only paper, wood, brush, leaves or wood products are burned.
(a)
(b)
(c)
(d)
(e)
Burning Grass or Leaf Litter
No person shall start or tend an Outdoor Fire during the Fire Season for the purpose
of burning grass or leaf litter unless the person has first obtained a Special Burning
Permit issued under subsection 2.(1) for burning grass or leaf litter and all the
following conditions are met, in addition to the general conditions of Section 3.
above:
7.
The total area to be burned does not exceed 0.5 hectares;
The length of the flaming edge does not exceed ten (10) metres;
The Fire is started after six 6:00 p.m. and is extinguished before 6:00 a.m.
(a)
(b)
(c)
Page 4 of 10
Open Air Burning By-Law 37-2020
Special Burning Permit
The Fire Chief or his or her designate may issue a Special Burning Permit
under subsection 2.(1) for the purpose of burning piled wood, brush, leaves,
grass, leaf litter, or discarded wood products, excluding Noxious Materials,
and may make the Fire Permit subject to one or more of the following
conditions:
(D
8.
Restrictions on the date(s) and time(s) of day during which the
burning may take place;
Requirements that the Fire be or not be in a specific location,
including its size and the distance that must be maintained from
Flammable or Combustible Materials;
Requirements that specific fire suppression equipment be present;
Requirements regarding the method to be followed to extinguish the
Fire;
Any
other factors that the official reasonably considers to be
necessary to ensure that the Fire is made and extinguished safely.
(2)
Prior to issuing a Special Burning Permit, the Fire Chief or his or her
designate may attend at and inspect the intended fire site, for which an
administrative fee may be levied in accordance with the Municipality's Fees
By-Law.
(a)
(b)
(c)
(d)
(e)
Portable Liquid or Gas Appliance
No person shall start or tend an Outdoor Fire using a portable liquid or gas appliance,
including but not limited to a propane fire pit, unless all the following conditions are
met:
9.
The appliance is located at least one (1) metre from any Combustible or
Flammable Material;
The appliance is designed to use a liquid or gas as fuel;
A liquid or gas is used as fuel;
The flame in the appliance can be extinguished by closing a fuel control valve;
The Fire is extinguished immediately after use and when no longer attended.
(a)
(b)
(c)
(d)
(e)
Portable or Permanent Charcoal Installation
No person shall start or tend an Outdoor Fire using a portable or permanent
installation designed to use charcoal as fuel unless all the following
conditions are met:
The installationis atleastone (1) metre from any Flammable Material;
Commercially produced charcoal is used as fuel;
The Fire is extinguished immediately after cooking is completed;
The ashes and coals produced through combustion are Extinguished
Completely and safely disposed of.
10.
(1)
(a)
(b)
(c)
(d)
Page 5 of 10
Open Air Burning By-Law 37-2020
No person shall make a Fire in a portable or permanent charcoal installation
during a Municipal Fire Ban or within a Restricted Fire Zone unless all
conditions in sections 11.(1) are met, and the installation is being used within
one hundred (100) metres of a permanent structure used as a dwelling.
(2)
Fire Bans and Restricted Fire Zones
During a Municipal Fire Ban or within a Restricted Fire Zone, all existing
Seasonal Fire Permits and Special Burning Permits are suspended and no
person shall:
11.
(1)
Start or tend an Outdoor Fire, except for cooking;
Start or tend an Outdoor Fire for cooking except using:
(i) A liquid or gas cooking appliance used in conformance with
Section 9 of this by-law,
(ii) A charcoal burning appliance used in conformance with Section
10 of this by-law,
Smoke in a forested area or on a fitness or walking trail;
Light or tend liquid or wax candles outdoors;
Light or release a Chinese lantern;
Discharge fireworks.
(a)
(b)
(c)
(d)
(e)
(f)
No person shall, without lawful authority, tear down, remove, damage, deface
or interfere with any notice or sign posted or placed by the Municipality of
Whitestone for the purposes of fire prevention.
(2)
Prohibitions
No person shall start or tend an Outdoor Fire, or permit an Outdoor Fire to
be set or maintained, contrary to any provision of this by-law.
12.
(1)
No person shall contravene any conditions of setting or tending an Outdoor
Fire under this by-law.
(2)
No person shall contravene any conditions of a permit issued under this by
law.
(3)
No person shall contravene an order to discontinue outdoor burning activity.
(4)
No person shall contravene an order to extinguish an Outdoor Fire.
(5)
Page 6 of 10
Open Air Burning By-Law 37-2020
Penalties
Every person who contravenes any provision of this by-law is guilty of an
offence and upon summary conviction is liable to a fine as provided for by
the Provincial Offences Act (R.S.O.1990, Chapter P.33, as amended) and
set out in Schedule A attached to and forming part of this by-law.
13.
(1)
Any person who contravenes any provision of this by-law is guilty of an
offence and pursuant to Part III of the Provincial Offences Act
(2)
Upon a first conviction is subject to a minimum fine of $100.00 and a
maximum fine of $5,000.00.
Upon a subsequent conviction is subjectto a minimumfine of $200.00
and a maximum fine of $10,000.00.
(a)
(b)
Despite section 15(1), where the person convicted is a corporation, the
corporation is liable,
On a first conviction, to a minimum fine of $200.00 and a maximum
fine of not more than $10,000; and
On any subsequent conviction, to a minimum fine of $1000.00 and a
maximum fine of not more than $25,000.00.
(3)
(a)
(b)
If this by-law is contravened and a conviction entered, in addition to any other
remedy and to any penalty imposed by the by-law, the court in which the
conviction has been entered and any court of competent jurisdiction
thereafter may make an order,
Prohibiting the continuation or repetition of the offence by the person
convicted; and
Requiring the person convicted to correct the contravention in the
manner and within the period that the court considers appropriate.
(4)
(a)
(b)
In addition to any set fine or penalty imposed pursuant to the Forest Fires
Protection Act (R.S.O. 1990, Chapter F.24) or this by-law, a person or
corporation convicted may be liable for any damages to person or property
resulting from the offence, and for any costs incurred by the Municipality of
Whitestone to attend to and /or extinguish a Fire.
(5)
Enforcement
This by-law shall be enforced by the Fire Chief and/or his or her designate, and/or
any By-Law Enforcement Officer appointed by the Municipality, all of whom shall
have the authority to issue tickets and lay charges pursuant to this by-law under the
Provincial Offences Act.
14.
Page 7of 10
Open Air Burning By-Law 37-2020
By-Law No. 07-2003 is hereby repealed.
15.
16.
This By-Law shall come into force and take effect upon passage by Council.
READ a FIRST and SECOND time this 21st day of September, 2020.
George Comrie
Mayor
Midhelle Hendry
CAO/Clerk
READ a THIRD time and PASSED, SIGNED, SEALED and ENACTED
this 21st day of September, 2020.
George Comrie
Mayor
'
« :i
'
Michelle Hendry
If jj
CAO/Clerk
Page 8 of 10
Open Air Burning By-Law 37-2020
The Corporation of the Municipality of Whitestone
Schedule "A" to By-Law No. 37-2020
RELATED
BY-LAW
SECTION
SET FINE
SHORT DESCRIPTION
ITEM
$200.00
$200.00
2(1)
Unlawfully start a fire without a permit
1
2(2)
Fail to have permit available at fire site
2
$200.00
3(1)
Start fire under unsafe conditions
3
$200.00
3(2)
Burn noxious material
4
$200.00
3(3)
Fail to tend fire until extinguished
5
$200.00
3(4)
Fail to have means to extinguish fire
6
$200.00
4(a)
Camp fire situated on combustible material
7
$200.00
4(b)
Camp fire set within 1 metre of combustible material
8
$200.00
4(c)
Camp fire set within 3 metres of flammable material
9
$200.00
4(d)
10
Camp fire too large
$200.00
4(e)
Daytime camp fire when fire hazard rating high or extreme
11
$200.00
5(a)
Burn debris other than wood or wood products
12
$200.00
5(b)
13
Brush fire larger than permitted
$200.00
5(c)
Burn brush outside designated time
14
$200.00
5(d)
Burn brush within (3) meters of flammable material
15
$200.00
6(a)
Set fire in improperly constructed incinerator
16
$200.00
6(b)
Use Incinerator closer than 5 metres to building or forest
17
$200.00
6(c)
Use incinerator closer than 2 metres to flammable material
18
$200.00
6(d)
Fail to have outlet of incinerator covered with correct size
screen
19
$200.00
6(e)
Burn debris other than wood or wood products in an
incinerator
20
$200.00
7(a)
Area of grass / leaf fire larger than permitted
21
$200.00
7(b)
Flaming edge of grass / leaf fire larger than permitted
22
$200.00
7(c)
Burn grass / leaves outside designated time
23
$200.00
Use liquid or gas stove within 1 metre of flammable or
combustible material
9(a)
24
$200.00
9(b)
Use liquid or gas as fuel in stove not designed for same
25
$200.00
9(c)
Use improper fuel in liquid or gas stove
26
$200.00
9(d)
Use liquid or gas stove without working fuel control valve
27
$200.00
9(e)
Fail to extinguish liquid or gas stove when cooking
completed
28
$200.00
10(1)(a)
Use portable or permanent charcoal installation within 1
metre of flammable material
29
$200.00
10(1)(b)
Use other than commercially produced charcoal as fuel in a
portable or permanent charcoal installation
30
21 September2020
Page 1 of 2
Open Air Burning By-Law 37-2020
$200.00
10(1)(c)
Fail to extinguish fire in portable or permanent charcoal
installation when cooking completed
Fail to extinguish and safely dispose of ashes and coals
31
$200.00
10(1)(d)
32
$200.00
10(2)
Set fire in a portable or permanent charcoal installation
located more than 100 metres from a permanent structure
used as a dwelling during a fire ban or restricted fire zone
Start or tend a fire within a municipal fire ban or restricted
fire zone, except for cooking
Start or tend a fire for cooking within a municipal fire ban or
restricted fire zone using other than a permitted appliance
Smoke in a forested area or on a fitness or walking trail
within a municipal fire ban or restricted fire zone
33
$200.00
11(1)(a)
34
$200.00
11(1)(b)
35
$200.00
11(1)(c)
36
$200.00
11(1)(d)
Light or tend liquid or wax candles outdoors within a
municipal fire ban or restricted fire zone
37
$200.00
11(1)(e)
Light or release a Chinese lantern within in a municipal fire
ban or restricted fire zone
38
$200.00
11(1)(f)
Discharge fireworks within a municipal fire ban or restricted
fire zone
39
$200.00
11(2)
Unlawfully interfere with fire prevention signs
40
$200.00
Fail to comply with conditions / requirements of a permit
12(3)
41
Open Air Burning By-Law 37-2020
Page 2 of 2
21 September2020