Terms and Conditions:
All open air burning in the County of Brant is regulated by the County of Brant By-Law 55-24 (PDF).
Non-recreational Residential/Agricultural Burning –Approval Required
21. Open Air Burning on lands zoned Residential or Agricultural, that does not meet the criteria in section 13, must be approved by the Fire Chief and conducted in compliance with the following conditions:
- the fire is located on land designated for residential or agricultural use in the County zoning by-law;
- the County of Brant Fire Department Dispatch is Notified in person or by telephone, before the burning commences;
- the County of Brant Fire Department Dispatch is Notified in person or by telephone at the conclusion of the burning;
- the fire is conducted no earlier than sunrise and shall be completely extinguished before sunset;
- only materials as set out in Schedule ‘B’, forming part of this by-law, are burned;
- the fire is attended, controlled, and supervised at all times;
- the fire is completely extinguished before the burn site is Vacated;
- the fire is conducted during appropriate weather conditions;
- the fire is confined to an area at least 15 metres from any building, structure, hedge, fence, vehicular roadway of any kind or nature, overhead wiring, or any property line;
- the fire is confined to an area at least 5 metres from any object or material with potential to ignite;
- steps are taken to ensure that smoke caused by the fire does not adversely affect the visibility of motorists using roads in the vicinity of the burn;
- the fire is contained in a Fire Pit which is no more than one square metre in area, with a height of no more than 1 metre when conducted on residential properties;
- the fire does not cover a ground area exceeding 9 square metres (amended by by-law 106-03) with a height no more than 3 metres when conducted on non-residential properties.
- steps are taken to ensure that the adjacent properties are protected and that by-products of the fire do not have a Negative Impact on persons, pets, or the environment;
- the burn is conducted in such a manner to prevent the escape of the fire or the escape of combustible solids such as sparks and ash from the fire;
- an effective extinguishing agent of sufficient size and with the capability of extinguishing the fire is immediately available for use;
- the fire is not located on any road allowance or Municipal Property without the written permission of the County, unless such burning is being conducted by authorized employees of the County of Brant or is for the purpose of clearing the County drainage ditches;
- a means to contact the County of Brant Fire Department shall be immediately available;
- is not conducted during a burn ban issued by the Fire Chief.
Non-Recreational Single Occasion – Permit
22. Open Air Burning, that does not meet the criteria in section 13 may be conducted under the authority of and in compliance with a permit issued pursuant to this section.
23. The Fire Chief shall only issue a permit for the burning of materials included in Schedule ‘B’, forming part of this by-law.
24. The permit is issued to allow Open Air Burning no earlier than sunrise and shall be completely extinguished before sunset, for the time period specified by the Fire Chief.
25. The holder of a Burning Permit issued pursuant to this Section is required to Notify the County of Brant Fire Department dispatch centre at the telephone number specified on the permit on each and every day that they intend to burn and before any burning commences, and again when the fire is extinguished.
26. No person shall conduct non-recreational open-air burning:
- a) in contravention of the appropriate weather conditions; or
- b) during a burn ban issued by the Fire Chief.
Commercial, Industrial, Institutional Burning – Semi-Annual Permit
27. Open Air Burning on lands zoned commercial, industrial, or institutional that do not meet the requirements of Section 13 are not permitted except under the authority of and in compliance with a permit issued pursuant to this section.
28. The Fire Chief shall only issue a permit for the burning of materials included in Schedule ‘B’, forming part of this by-law.
29. The holder of a Burning Permit issued pursuant to this section is required to Notify the County of Brant Fire Department dispatch centre at the telephone number specified on the permit on each and every day that they intend to burn and before any burning commences, and again when the fire is extinguished.
30. The permit is issued to allow Open air Burning between sunrise and sunset only.
31. Any permit issued shall expire no more than six (6) months after the date of issue.
32. No person shall conduct Commercial, Industrial, Institutional Burning open-air fires:
- in contravention of the appropriate weather conditions; or
- during a burn ban issued by the Fire Chief.
General Permit Provisions
33. The application and permit shall be in a form and available to apply online as part of this by-law.
34. Each permit application or service is subject to the applicable fee as set out in the County of Brant Fees and Charges By-law (consult County's fees and charges).
35. Permits are issued at the discretion of the Fire Chief.
36. Prior to granting a permit to conduct Open Air Burning, the Fire Chief may give consideration to:
- the results of an on-site inspection;
- the size of the proposed fire;
- the safety measures proposed;
- the supervision arrangements proposed;
- the time of year and the time of day;
- the type of special event;
- the materials to be burned;
- the anticipated weather conditions; and
- any other relevant considerations.
37. The Fire Chief may attach such conditions as deemed appropriate to any permit granted for Open Air Burning.
38. The holder of the Burning Permit shall keep the permit or a copy of the permit at the burning site specified in the permit.
39. No person, being the holder of a Burning Permit, shall fail to produce the permit or a copy of the permit on the demand of a Provincial Offences Officer.
40. Any permit holder who is in violation of this By-law shall have their permit summarily revoked and all Fires shall be immediately extinguished.
41. Despite the existence of a valid Burning Permit, the Fire Chief may suspend, without recourse, any and all Burning Permits and cause to be extinguished any Fire until such conditions as the Fire Chief may indicate are met.
42. The Fire Chief may refuse to approve or issue a permit for an Open Air Burning if the proposed Open-Air Burning would be in contravention of this by-law; if the owner, occupant, or permit holder has, in the past, contravened the provisions of this by-law or has not complied with any conditions attached to a permit issued pursuant to this by-law.
43. The Fire Chief may withdraw a permit for an Open Air Burning if, in the Fire Chief’s opinion, the fire is causing a Negative Impact, smoke produced by the fire is causing visibility concerns on roads in the area of the burn, the weather has deteriorated or conditions have become unfavorable for an Open-Air Burning, conditions attached to the granting of a permit are not being adhered to or any provision of this by-law is being contravened.
Extinguished upon Demand
44. When made aware of an unapproved Open-Air Burning, any Provincial Offences Officer may order the Owner to immediately extinguish the fire.
45. The Provincial Offences Officer is hereby granted authority to order the Owner or occupant to immediately extinguish the fire where the opinion of the Provincial Offences Officer any approved Open Air Burning is having a Negative Impact on the occupants or neighbouring properties, the fire is adversely affecting person using a road or highway adjacent to the burn site, the weather has deteriorate, conditions have become unfavourable, or conditions attached to the permit or the provisions of this by-law are being contravened.
46. No person conducting or permitting an Open-Air Burning shall fail to extinguish a fire upon direction by a Provincial Offences Officer.
Enforcement/Enactment
47. Pursuant to section 436 of the Municipal Act, 2001, any employee, officer or agent of the County carrying out an inspection pursuant to this By-law may:
- require the production for inspection of documents or things relevant to the inspection;
- inspect and remove the inspection for the purpose of making copies or extracts;
- require information from any Person concerning a matter related to the inspection; and
- alone or in conjunction with a Person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection.
48. Pursuant to section 444 of the Municipal Act, 2001, where the County is satisfied that a contravention of this By-law has occurred, the County may make an order requiring the Person who contravened the by-law or who caused or permitted the contravention or the Owner of the land on which the contravention occurred, to discontinue the contravening activity.
49. Pursuant to section 445 of the Municipal Act, 2001, where the County is satisfied that a contravention of a by-law of the municipality passed under this or any other Act has occurred, the County may make an order requiring the Person who contravened the by-law or who caused or permitted the contravention or the Owner of the land on which the contravention occurred to do work to correct the contravention.
50. Pursuant to section 446 of the Municipal Act, 2001, where the County has the authority under this By-law or under any Act to direct or require a Person to do a matter or thing, in default of it being done by the Person directed or required to do it, the County may enter upon land at any reasonable time, to perform the work at the Person’s expense and may recover the costs from the Person directed or required to do it, by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes.
Penalty
51. Every person who contravenes any provision of this by-law is guilty of an offence and upon conviction shall be liable to any penalty as set out in the Provincial Offences Act, S.O. 1990, Chapter P.33, and any amendments thereof.
52. 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 such order shall be in addition to any other penalty imposed on the person convicted.
Enforcement
53. The authority to enforce the provisions of this by-law is hereby granted to the County of Brant Fire Chief, Municipal Law Enforcement Officers, appointed by the County of Brant and officers of the County’s Police and County of Brant Fire Department.
Collection of Costs
54. If any contravention of the by-law results in the County of Brant Fire Department being dispatched, the person and/or property Owner may be charged with the actual cost of the County of Brant Fire Department response according to the rates established in the County of Brant Fees and Charges By-law (amended by by-law) however, nothing in this schedule of rates shall be construed as limiting the rights of the County of Brant to seek restitution for other direct or consequential damages
or costs incurred beyond those listed.
55. Should any Owner fail to extinguish a fire when ordered to do so by the Fire Chief, the Fire Chief may take action to have the fire extinguished, and the person who owns or occupies the land on which the open burning is located shall be responsible for any and all costs incurred by the County of Brant Fire Department in its efforts to extinguish the fire.
Severability
56. If any section or sections of this By-law or parts thereof are found in any court of law to be illegal or beyond the power of the Council, of the County, to enact such sections or parts thereof shall be deemed to be severable and all other sections or parts of this by-Law shall be deemed to be separate and independent therefrom and to be enacted as such.
