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Report
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Report To: General Government Committee
Date of Meeting: May 27, 2019
Report Number: ESD -004-19
File Number:
Resolution: GG -339-19
By-law Number: 2019-040
Report Subject: Amendment to Open Air Burning By-law
Recommendations:
1. That Report ESD -004-19 be received; and
2. That the draft amending By -Law (Attachment 1 to Report ESD -004-19), being a by-law
to amend the Open Air Burning By -Law 2012-062 be approved.
Municipality of Clarington
Report ESD -004-19
Page 2
Report Overview
The purpose of this report is to respond to Resolution #GG -037-19 and amend the Open Air
Burning By-law.
1. Background
1.1 In 2012, Council passed By-law 2012-062 to regulate the setting of fires in the open air
within the Municipality of Clarington repealing the previous By-law 2001-113. In
January of 2019, we received a letter from a resident requesting an adjustment to our
current Open Air Burning By-law to allow recreational fire pits. On February 11, 2019,
Council passed Resolution #GG -037-19 arising out of correspondence from Mr.
Panetta. Staff met with Mr. Panetta on February 28, 2019, to discuss his concerns.
1.2 Staff have reviewed By-law 2012-062 and identified that Section 12 allows the Fire
Chief to grant a special permit to meet Mr. Panetta's needs. In 2018, the department
responded to 80 complaints of illegal burning of which many were of a camp fire nature.
The by-law continues to work well regulating open-air burning throughout the
Municipality. It is suggested that for the health and safety of the community the current
conditions of the by-law remain in place. Staff have discussed their findings with Mr.
Panetta.
2. Open Air Burning By-law
2.1 With the review of By-law 2012-062, as well an additional review of close to 20 other
municipalities Burning By-laws staff have determined that an update is required to
include additional parameters for land used for agricultural purposes. Section 13 (c)
currently allows for a single burn pile that is less than 1 metre in diameter and less than
1 metre high. It is proposed that the Permit Conditions be amended to allow a single
pile size of 3m x 3m x 3m if the land is used for agricultural purposes and is not located
in a designated "Urban Area" or "Hamlet Residential" in the Clarington Official Plan.
3. Conclusion
It is respectfully recommended that the proposed update to the Open Air Burning By-law
outlined in Attachment 1 to this Report be approved.
Municipality of Clarington
Resort ESD -004-19
4. Strategic Plan Application
Page 3
Not applicable.
Submitted by: Reviewed by:
Gord Weir, Andrew C. Allison, B. Comm, LL.B
Director of Emergency & Fire Services CAO
Staff Contact: Gord Weir, Director of Emergency & Fire Services, 905-623-5126 ext. 2816 or
gweir@clarington.net
Attachment:
Attachment 1 — By-law to amend By-law 2012-062
There are no interested parties to be notified of Council's decision.
Municipality of Clarington
The Corporation of the Municipality of Clarington
By-law 2019 -XXX
Being a by-law to regulate open-air burning
Attachment 1 to
Report ESD -004-19
Whereas, section 7.1 of the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4
authorizes the council of a municipality to pass by-laws regulating the setting of open air fires,
including establishing the times during which open air fires may be set.
Now therefore the Council of the Municipality of Clarington hereby enacts as follows:
1. That Section 13.(c) is revised by adding the following:
i) Land used for agricultural purposes may have a single pile size of 3m x 3m x
3m if not located in a designated "Urban Area" or "Hamlet Residential" in the
Clarington Official Plan.
BY-LAW passed in open Council this XX day of MMMM, 2019.
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk