This is the exact embedded text of the captured official document.
Snapshot 0ff655e952fe · verified 2026-09-24 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
MUNICIPALITY OF LORNE
BY-LAW #0027/18
BEING A BY-LAW OF THE MUNICIPALITY OF LORNE for the prevention and control of wildland fires within the Municipality of Lorne.
WHEREAS it is deemed expedient and advisable to pass a by-law to provide generally for the protection of life and property from damages by fire and to regulate burning within the Municipality of Lorne:
WHEREAS section 232(1) of The Municipal Act provides that a council may pass by-laws for municipal purposes respecting the following matters:
The safety, health, protection and well-being of people, and the safety and protection of property;
The safety and protection of property from fire;
implementing various programs and or laws for fire prevention purposes;
implementing various programs for the purposes of fire suppression; and
Enforcement of any provincial or municipal statutes as they may apply;
Prevent and fighting fires;
AND WHEREAS section 236(1) of The Municipal Act provides that without limiting the generality of clause 232(1) (o) (enforcement of by-laws) and subject to subsection (3), a by-law passed under that clause may include provisions
Providing for procedures, including inspections, for determining whether by-laws are being complied with; and
Remedying contraventions of by-laws, including
Creating offences,
Subject to the regulations, providing for fines and penalties, including the imposition of a penalty for an offence that is in addition to a fine or imprisonment of a penalty for an offence that is in addition to a fine or imprisonment, so long as the penalty relates to a fee, rate, toll, charge or cost that is associated with the conduct that gives rise to the offence, or related to enforcing the by-law,
Providing that an amount owing under subclause (ii) may be collected in any manner in which a tax may be collected or enforced under this act,
Seizing, removing, impounding, confiscating and selling or otherwise disposing of plants, animals, vehicles, or other things related to a contravention,
Charging and collecting costs incurred in respect of acting under subclause (iv),
Imposing a sentence of imprisonment for not more than six months for the commission of offences or nonpayment of fines.
NOW THEREFORE the Council of the Municipality of Lorne in session assembled, enacts as follows:
Definitions:
Authority Having Jurisdiction or AHJ means the Municipal Council of the Municipality of Lorne and the duly appointed agents thereof.
CAO means the Chief Administrative Officer of the Municipality of Lorne.
Designate means any person authorized by the Authority Having Jurisdiction to enforce this by-law on behalf of the Authority Having Jurisdiction.
Officer means the Fire Chief, any member of the Fire Service or any person on behalf of the Authority Having Jurisdiction, appointed as a fire guardian for purposes of The Wildfire Act.
Outdoor Fire means a fire that is started outdoors including crop residue burning, land clearing and grass burning.
Wildfire Season means the period in each year commencing on April 1st and ending on November 15th or any other period of time that may be designated by the Authority Having Jurisdiction.
Fire Protection Committee means a committee comprised of the following individuals:
The Reeve and/or Deputy Reeve of the Municipality of Lorne
Fire Chief and/or Deputy Fire Chief for the Swan Lake Volunteer Fire Department;
Fire Chief and/or Deputy Fire Chief for the Somerset Volunteer Fire Department;
Fire Chief and/or Deputy Fire Chief for the St. Leon Volunteer Fire Department;
Fire Chief and/or Deputy Fire Chief for the Notre Dame de Lourdes Volunteer Fire Department.
Delegation of Authority
THAT the Authority Having Jurisdiction, Chief Administrative Officer or designate of the Municipality of Lorne be appointed as Officers for the purpose of enforcing provincial statutes, regulations as well as this by-law.
Responsibilities
THAT all burning within the municipality shall be subject to the conditions and provisions of The Wildfires Act, the Manitoba Crop Burning Reside Burning Regulation and the Municipal By-Law regulating burning within the urban communities of Mariapolis, Swan Lake, Somerset, St. Leon, Altamont, Notre Dame de Lourdes.
THAT AUTHORIZATION to conduct Outdoor Fire burning does not exempt or excuse a person from the responsibility, consequences, damages, or injuries resulting from the authorized burning and does not excuse a person from complying with other applicable laws, ordinances or regulations.
Any Outdoor Fire shall be supervised by the owner or occupier of the land or a person authorized by the owner or occupier of the land.
No person shall start an Outdoor Fire on any land without taking sufficient precautions that are reasonably necessary to protect persons and the property of others from the fire.
No person shall start an Outdoor Fire unless all precautions are taken to ensure that the fire can be kept under control, or when weather conditions are conducive to a fire burning out of control.
No person shall cause an Outdoor Fire to be started in order to guard property; clear land or burn debris; burn crop, stubble or grass; unless the land on which the fire is started is completely surrounded by a fire guard consisting of:
a strip of land free of flammable material, or of sufficient width to control the fire
by natural or man-made barriers, water, or
by a combination of (i) and (ii).
The smoke from Outdoor Fire shall not pose unreasonable hazard to the health of any person or reduce the visibility on any road or highway.
A sufficient water supply and means of fire suppression capable of extinguishing the Outdoor Fire based on its fuel loading and size shall be available on site.
All fires must be extinguished when unsupervised.
Burning Ban
THAT the Fire Protection Committee may, at their discretion, ban certain types of burning or ALL BURNING (including fires contained within fire pits and solid fuel burning appliances) in the Municipality of Lorne if conditions exist where, in their opinion, fires are of extremely high risk, and such a ban would prevent wildfires from occurring.
Notification
THAT the Municipality will follow the procedures outlined on the attached Schedule "A" to notify the public of a burning ban.
THAT the Schedule "A" can be amended by council resolution.
Offense and Penalties
THAT any person who contravenes this by-law, the Municipality is entitled to be reimbursed by the person(s) for costs incurred by the Municipality for fire protection and suppression operations that were undertaken as a result of the person(s) acts or omissions that resulted in the costs to be incurred. The person(s) will be subject to a minimum fine of $1,000.00.
THAT all fines and costs imposed on a contravention under this by-law, are debt owed by the property owner on which the fire was located, to the Municipality of and may be collected by the Municipality in the same manner as a tax may be collected.
7.0 THAT this by-law shall come into force and take effect on the passing thereof.
DONE AND PASSED IN OPEN COUNCIL assembled at the Council Chambers in the LUD of Somerset in the Province of Manitoba this day of A.D. of 2018.
REEVE
CHIEF ADMINISTRATIVE OFFICER
Given first reading this day of 2018.
Given second reading this day of 2018.
Given third reading this day of 2018.
For
Against
A. Pantel
R. Lesage
S. Saxton
L. Ketsman
G. Vigier
D. Savard
D. Bibault
SCHEDULE "A"
Prevention and Control of Wildland Fires
By-Law 0027/18
Notification
Once a burning ban is implemented and when lifted, the designated staff will:
Post a notice on the Municipal Website, at the Municipal Office, and Community Post Offices.
Email the Province of Manitoba at HYPERLINK "mailto:firecomm@gov.mb.ca" firecomm@gov.mb.ca requesting the ban be posted on their Current Municipal Burning Restrictions webpage.
Notify municipal campground managers if recreational fires are included in the ban.
Notify the Transfer Stations, All Fire Chiefs, Council and all Municipal staff.
Post burning ban signage
Place an ad in the Times (only for implementation, not when it's lifted). Office staff.