Please note this Communique has been revised by Communique 2005-09.
December 17, 1996
96-048
(External Distribution)
Recent changes to the Forest Fires Prevention Act (FFPA) under the Ministry of Natural Resources (MNR) affect open air burning, which is also addressed in the Ontario Fire Code (OFC).
Some concerns have been raised regarding the recently amended FFPA and the material that was distributed by the MNR to municipalities and/or Fire Chiefs. This material identified the need for a municipality to have an open air burning by-law but did not mention the authority to address open air burning under the OFC. In fact, municipalities may use a by-law and/or permits to facilitate the approval process for open air burning. However, approval for open air burning is required by the Chief Fire Official (except on farms) whether or not a by-law or permit system is in place. It is important to note that compliance with the FFPA does not relieve owners of their responsibility to meet the requirements of the OFC.
The Office of the Fire Marshal (OFM) has prepared "Questions and Answers" to assist the fire service to address open air burning issues under the OFC and FFPA (see attached). Additional information pertaining to Article 2.6.3.4. of the OFC is also available in the OFM’s Ontario Fire Code Opinions and Applications.
Currently, the OFM is consulting with the MNR and the fire service about other changes to the FFPA. These changes affect local agreements between municipalities and the MNR involving firefighting, training and fire prevention activities. The OFM will keep the fire service informed of any developments.
For additional information or inquiries, contact Mr. David Dasti at (807) 473-2203 or Mr. Ken Gibbons at (705) 693-6029 at the Ministry of Natural Resources or your Regional Office of the Fire Marshal.
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