Camping In Ontario Update Newsletter June 2019 June 2013 | 页面 5

5 | JUNE 2013

requirements of this Code.” In this case, however, the FFPA may
still apply, i.e. for farm properties within a fire region as defined in
the FFPA.
• The burning is situated and conducted in a manner that does not
pose a risk to the occupants of buildings in the vicinity of the activity. This exemption results from the restrictive language describing the scope and application of Part 2 in Article 2.1.1.1. of
the Fire Code. Circumstances involving the risks from open air
burning may be subjective and viewed differently by the owner
and the chief fire official. The extent of the boundary around
building(s) and the circumstances under which the burning
takes place would have to be determined on a case-by-case basis,
and/or established under a municipal by-law. For municipalities
within the fire regions, open burning by-laws must still take into
account the requirements of the FFPA and its regulations. In order
to minimize conflicting views, enhance Fire Code and FFPA compliance, and reduce fire risks to people and property, it would be
beneficial for municipalities to adopt a burning by-law that mirrors the controls outlined in O. Reg. 207/96 of the FFPA and controls all types of open air burning.

Forest Fires Prevention Act and Ontario Regulation
207/96
The FFPA is administered by the Ministry of Natural Resources (MNR).
O. Reg. 207/96 of the FFPA describes conditions under which outdoor
fires located in designated fire regions do not require a permit. Article
2.6.3.4. of the Fire Code would also apply within designated fire regions when the activity is in proximity to buildings.
During the forest fire season and when weather conditions are extreme, the MNR retains the right to restrict all fires through Restricted
Fire Zone Orders (RFZO). When a municipality institutes a local ban on
all fires, it should refer to it as a “municipal fire ban” This will avoid con.
fusion with RFZOs and clarify who is imposing the restrictions.
MNR fire permits are not required for small-scale burning of wood,
brush, leaves or discarded wood by-products in designated MNR fire regions during the fire season (April 1 through October 31) provided
the conditions listed below exist. Refer to the full details of the requirements outlined in O. Reg. 207/96. The following summary is provided
for reference only.

Piled material fire:
a. is tended by a responsible person until out;
b. is a single pile less than 2 m in diameter and less than 2 m high;
c. is at least 2 m from any flammable materials;
d. is ignited no earlier than 2 hours before sunset, and is extinguished no later than 2 hours after sunrise the following day,
or earlier;

e. is tended by a person who has adequ ate tools or water to contain the fire.

Grass and leaves fire (materials are not piled):
a. is tended by a responsible person until out;
b. is in an area less than one hectare;
c. has less than 30 m of flaming edge;
d. is ignited no earlier than 2 hours before sunset, and is extinguished no later than 2 hours after sunrise the following day,
or earlier;
e. is tended by a person who has adequate tools or water to contain the fire.

Incinerator fire:
a. is burned in an enclosed device;
b. is covered by screen mesh with openings less than 5 mm;
c. is at least 5 m from any forest;
d. is at least 2 m from flammable material;
e. is monitored by a responsible person until the fire is out.
The MNR does require fire permits for any burning that does not
meet the above conditions and may also require a burn plan which
addresses safety issues. Municipalities are encouraged to address agricultural burning through their by-laws as well.
The FFPA does not address conditions occurring outside fire regions.

Municipal Bylaws
Under the authority granted in Section 7.1 of the Fire Protection and
Prevention Act, 1997, as amended, municipal councils may establish
open air burning by-laws to regulate the setting of open air fires, including establishing the times during which open air fires may be set.
O. Reg. 207/96 stipulates that open air burning without a permit
can only take place between 2 hours before sunset and 2 hours after
sunrise. If the municipal by-law mirrors the times stipulated in the FFPA,
there is no conflict with the FFPA. Burning at other times can only take
place under the authority of a fire permit issued by a fire officer under
the FFPA. Therefore, if a municipal by-law allows deviations from the
FFPA, e.g., daytime burning, then the chief fire official or permit issuer
must be appointed as fire warden for the purpose of issuing permits
and the permit itself should be made pursuant to both the municipal
by-law and the FFPA.
Municipalities may wish to regulate open air fires on all properties, including farming operations. The by-laws may be restrictive in
their application or the by-laws may deal with different areas of the
municipality differently. Since the Fire Code does not apply to farms
used for farming purposes and does not regulate measures for open