Bylaws

PROVINCE OF MANITOBA

BEING A BYLAW of the Rural Municipality of Cornwallis to regulate open and nuisance burning in designated areas of the Rural Municipality of Cornwallis;

WHEREAS subsection 290(1)(r) of The Municipal Act, R.S.M. 1988, Cap 225, provides in part as follows:

“290(1) Subject to The Workplace Safety and Health Act, The Employment Standards Act, The Building and Mobile Homes Act, The Fires Prevention Act, The Explosives Act (Canada), and any other applicable Act of the Legislature or of the Parliament of Canada, the council of any municipality may pass by-laws for the prevention or extinguishing of fires and for the preservation of life and property from destruction by fire; and, without limiting the generality of the foregoing,, the council may pass bylaws . . .
(r ) for regulating the times during which stumps, trees, logs, brush, grass, straw shavings, or refuse, may be set on fire or burned in the open air, for prescribing precautions to be observed during those times, and for preventing such fires being kindled at other times.

AND WHEREAS Section 290(2) of The Municipal Act, R.S.M. 1988, Cap 225, further provides that:

“Any by-law passed under subsection (1) may be made applicable to the whole of the municipality, or to any part thereof described in the by-law.”

AND WHEREAS the Council of The Rural Municipality of Cornwallis deems it expedient and in the public interest to regulate open burning and nuisance burning within designated areas and within certain times within The Rural Municipality of Cornwallis;

NOW THEREFORE The Council of the Rural Municipality of Cornwallis, in Council duly assembled, enacts as follows:

1.00 SHORT TITLE:

1.01 THAT this by-law be referred to as “THE BURNING BY-LAW”.

2.00 DEFINITIONS:

THAT unless the context otherwise requires, where used in this By-law:

2.01 “Barbecue” means a small contained fire that is set in a barbecue, grill or similar device used to cook food.

2.02 “Bonfire” means a fire built in the open air that is kindled by dry firewood.

2.03 “Council” means The Rural Municipality of Cornwallis Council.

2.04 “Municipality” means The Rural Municipality of Cornwallis.

2.05 “Open Burning” means the outdoor burning of combustible material where smoke is allowed to discharge into the open air from the ground, or other burning device, but does not include the burning of a Bonfire.

2.06 “Yard Waste Burning” means the outdoor burning of yard vegetation waste which includes branches, leaves, and dried garden vegetation.

2.07 “Restricted Yard Waste Burning” means the outdoor burning of branches but does not include the burning of leaves or dried garden vegetation.

2.08 “Nuisance Burning” means the burning in the open of tires, plastics, rubber, creosote soaked or pressure treated wood, oil products, manure and refuse. This shall not be so interpreted to include gas, charcoal, wood barbecues or devices used for the preparation of food or Yard Waste Burning.

2.09 “Person” means any person, firm, corporation or partnership.

3.00 PROVISIONS

3.01 THAT burning within the Municipality shall be as set out on the following table and shall be prohibited where marked with an “X” and shall be permitted where marked with a “P”.

3.02 THAT with exception to Bonfire(s) and Barbecue(s), burning shall be restricted to daylight hours.

3.03 THAT with exception to Bonfire(s) and Barbecue(s), any person wishing to set a fire in accordance with this By-law shall notify the Fire Department nearest them of the time, date and location of the fire, and shall in addition notify the Fire Department when the fire has been extinguished.

3.04 THAT any person setting a fire in accordance with this By-law shall not leave the permitted fire unattended at any time while it is burning or smouldering and shall ensure that sufficient appliances and equipment are at the site to prevent the fire from getting beyond control or causing damage or becoming dangerous at the fire site.

3.05 THAT any person setting a fire in accordance with this By-law shall take into consideration such factors as:
a) the proximity of adjacent buildings, combustible materials and woodlands;
b) the site and height of the combustibles to be burned;
c) prevailing wind direction and velocity; such that no nuisance to any
neighbouring resident and/or highway occurs.

3.06 THAT notwithstanding any of the provisions of this By-law, any person setting a fire within the Municipality of Cornwallis must observe the laws of Canada and of Manitoba with respect to burning regulations.

4.00 EXCLUSIONS

4.01 The East Half (1/2) of Section One (1), Township Ten (10), Range Seventeen (17) WPM is excluded from the provisions of this By-law.

4.02 THAT the burning of crop residue is excluded from the provisions of this By-law and shall instead be according to Provincial regulations.

4.03 THAT the burning of domestic garbage is excluded from the provisions of this By-law and shall instead be according to Provincial regulations.

5.00 REMEDIAL ACTION

5.01 THAT any person who contravenes or refuses, neglects, omits, or fails, to obey or observe any provision of this By-law, is guilty of an offence, and shall be liable to a fine of not less than $250.00 or to imprisonment for a term not exceeding fifteen (15) days, or to both.

DONE AND PASSED by the Council of The Rural Municipality of Cornwallis in Council duly assembled,
this 19th day of November , A.D. 1996.

THE RURAL MUNICIPALITY OF CORNWALLIS

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REEVE

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CLERK

RECEIVED FIRST READING THIS 19th DAY OF November A.D., 1996.

RECEIVED SECOND READING THIS 19th DAY OF November A.D., 1996.

RECEIVED THIRD READING THIS 19th DAY OF November A.D., 1996.