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Can a bylaw officer enter your property without permission ?

[OP]
Sr. Member
Aug 29, 2008
690 posts
44 upvotes
Toronto

Can a bylaw officer enter your property without permission ?

I live in Mississauga. I made a quiet bonfire, bylaw just made it to my house without permission and I thought so many questions for potential debate. Is this allowed? Can they force me to put out the fire? What happen if I refuse to let them in or refuse to put it out ? Can you “self defence” yourself since someone came into your house without permission ?
Fire had to be put out because of “Nuisance”. When everybody in my area makes fires except for the next door guy. So he has the right to call by law every time he wants although it’s not close to him and I’m following all bylaws because of Nuisance?!?!

I heard there is a “loophole”. If you are cooking on the fire pit, they can’t make you stop, is that true ?

All comments encouraged
41 replies
Deal Expert
User avatar
Jan 7, 2007
20711 posts
4843 upvotes
Poormond Hill
Gero43 wrote: I live in Mississauga. I made a quiet bonfire, bylaw just made it to my house without permission and I thought so many questions for potential debate. Is this allowed? Can they force me to put out the fire? What happen if I refuse to let them in or refuse to put it out ? Can you “self defence” yourself since someone came into your house without permission ?
Fire had to be put out because of “Nuisance”. When everybody in my area makes fires except for the next door guy. So he has the right to call by law every time he wants although it’s not close to him and I’m following all bylaws because of Nuisance?!?!

I heard there is a “loophole”. If you are cooking on the fire pit, they can’t make you stop, is that true ?

All comments encouraged
So what do you have? A bonfire? Or a fire pit?
A life spent making mistakes is not only more memorable, but more useful than a life spent doing nothing.
Deal Expert
User avatar
Jun 12, 2007
15964 posts
4813 upvotes
London
Gero43 wrote: I live in Mississauga. I made a quiet bonfire, bylaw just made it to my house without permission and I thought so many questions for potential debate. Is this allowed? Can they force me to put out the fire? What happen if I refuse to let them in or refuse to put it out ? Can you “self defence” yourself since someone came into your house without permission ?
Fire had to be put out because of “Nuisance”. When everybody in my area makes fires except for the next door guy. So he has the right to call by law every time he wants although it’s not close to him and I’m following all bylaws because of Nuisance?!?!

I heard there is a “loophole”. If you are cooking on the fire pit, they can’t make you stop, is that true ?

All comments encouraged
https://www.svlaw.ca/blog/details/item/ ... 20property.
Deal Fanatic
Nov 22, 2015
5704 posts
5118 upvotes
Of course they can come on your property and make you stop. Did you apply for an open fire permit and pay the fee?

Cooking food over your bonfire is not a loophole.
Deal Guru
User avatar
Mar 9, 2007
13683 posts
8694 upvotes
Think of the Childre…
so the neighbors reported you for something illegal.

WOULD SOMEBODY THINK OF THE CHILDREN!!!
Deal Fanatic
Aug 29, 2011
5963 posts
3062 upvotes
Mississauga
There are no open fires allowed in the city. Period.

Our previous neighbours had a fire pit and would maybe fire it up a couple of times each summer. One time they had a noisy party and a fire going. Then Mississauga Fire showed up, put the fire out and issued them a significant fine. They never had another fire after that.
Deal Fanatic
Apr 5, 2013
5061 posts
2125 upvotes
markham
op is lucky fire dept wasnt deployed...they are great for morons that think they can just light a fire anywhere...they just show up with hoses firing and soak down that whole area...then leave you with a $500-$750 bill on top of the bylaw fine.
Sr. Member
Sep 3, 2019
684 posts
415 upvotes
GTA
News reports of backyard bonfires going out of control:

https://www.shropshirestar.com/news/loc ... ouse-fire/

https://www.cheshire-live.co.uk/news/ch ... e-18331918

Edit: I bet the people who cause these fires thought there'd be no issues when they started their bonfire and that they'd be able to handle it if things ever got out of hand. Nope!
Last edited by QuicKi7 on Jun 18th, 2020 10:44 am, edited 1 time in total.
Deal Addict
Dec 1, 2016
1521 posts
1539 upvotes
HghSsociety wrote: Can't you just follow the bylaws?
THIS! People think it is their house and property so they can do what ever they like. I have no problem with people enjoying themselves but if you party until 1 am then dont be surprised if your neighbors are pissed. Not saying OP did that but maybe your neighbors had windows open and your smoke ended up in their house?
Deal Addict
Dec 28, 2005
4789 posts
1980 upvotes
Ancaster
Bubblegum86 wrote: THIS! People think it is their house and property so they can do what ever they like. I have no problem with people enjoying themselves but if you party until 1 am then dont be surprised if your neighbors are pissed. Not saying OP did that but maybe your neighbors had windows open and your smoke ended up in their house?
Exactly. It's not hard. Break by-laws and annoy your neighbours, don't be surprised if you eat a fine. My neighbours around the corner were complaining to me that they were fined $1,250 per person plus several noise and nuisance fines for hosting a 12 person party. Uh, idiot, don't host a party that runs until 3 AM on a Sunday with a number of people that violates the COVID by-laws and you'll be fine. It's simple.
Sr. Member
Aug 11, 2018
857 posts
713 upvotes
Gero43 wrote: I live in Mississauga. I made a quiet bonfire, bylaw just made it to my house without permission and I thought so many questions for potential debate. Is this allowed? Can they force me to put out the fire? What happen if I refuse to let them in or refuse to put it out ? Can you “self defence” yourself since someone came into your house without permission ?
Fire had to be put out because of “Nuisance”. When everybody in my area makes fires except for the next door guy. So he has the right to call by law every time he wants although it’s not close to him and I’m following all bylaws because of Nuisance?!?!

I heard there is a “loophole”. If you are cooking on the fire pit, they can’t make you stop, is that true ?

All comments encouraged
ah, yet another great member of society who believes that the laws don't apply to them...
[OP]
Sr. Member
Aug 29, 2008
690 posts
44 upvotes
Toronto
Gotta love the comments and I do like the knowledge rather than trying to bend the rules. I was doing a fire pit not a bonfire, I thought they were equivalents. We were 2 people on a quite small fire.

I was just asking because it came to my mind bylaw have a lot of power to just walk into your property. In this case he asked me and I said yes please come in, but wondered what would happen if I say no (I probably wouldn’t have the guts to say it even if it was my right ). Good thing we have a huge backward we moved the fire pit to the other corner while following bylaws of 12-15 feet I think it was and hope is good enough for Neibourghs. Now, if neibourghs still get annoyed and call again, and bylaw comes ready to issue me a ticket, I would be interested in knowing a “loophole”. I don’t see that as “being above the system” but rather making sure they don’t ticket me on the second try where I modified some behaviour and trying again. Unfortunately Neibourghs are not friendly enough to have a conversation and discuss it.

And yet, I find it funny how someone can call and say it’s a nuisance because they don’t like you and you cannot make fires ever again. Not like noise complaints where they can actually measure your decibels. Would be nice to have something along those lines
Deal Addict
User avatar
Dec 12, 2005
4080 posts
349 upvotes
Greater Toronto Area
Hate to admit this we called the fire department once on a house few houses down known to be a party house and was a headache for the area because they build this mini campsite in the backyard and was burning scrap wood as tinder a 11pm at night.The firefighters brought in a extingisher and put the bonfire out and the landlord was charged about $500 for the false alarm.It seems they previously had another false alarm when a internal monitoring system was faulty.
Moderator
May 28, 2012
11082 posts
3232 upvotes
Saskatoon
I've only called about a neighbour's backyard fire once....it was a few doors down and they were burning something really toxic...could smell it strongly in my yard and there was black smoke coming from that area. There are asthmatics in our family.
Deal Addict
User avatar
May 22, 2016
2388 posts
601 upvotes
Ontario
If he asked than it means he can't come on to your property. Just say no. Never give consent to anything with any enforcement unless you are 100% in knowing you are not breaking any laws. Same thing applies if police/ enforcement ask to search your car or a bag. You have to give consent. If they arrest you then its a whole different story.
Sr. Member
Jul 16, 2019
577 posts
309 upvotes
I thought you can have a firepit if its gas burning. I believe only wood open flame is not allowed. Please correct me if I am wrong.
Is a wood burning chimera allowed ? I guess it not open flame.
Deal Addict
Feb 11, 2015
3960 posts
31418 upvotes
Toronto, ON
*musical note* This fire is out of control
I'm going to burn this city, burn this city
Newbie
Apr 23, 2017
11 posts
1 upvote
You can have fire in your backyard without need for a permit according to previous bylaw link. If neighbour complains, fire department will come over and will ask you to put it down, but you will not get a ticket:

PART III
OUTDOOR FIREPLACES, OUTDOOR APPLIANCES, OUTDOOR FIRE PITS, SMOKE HOUSES
9. (1)
An Outdoor Fireplace, Outdoor Appliance, Outdoor Fire Pit or Smoke House may be operated without a Permit between sunrise and 11 p.m. if:
COOKING FIRES
(b) (c)
(d) (e)
(f)
(a)
it is located at a distance of not less than five (5) meters between such Outdoor Fireplace, Outdoor Appliance, Outdoor Fire Pit, or Smoke House and any building, structure, property line, tree, hedge, fence, roadway, overhead wire, or other combustible article;
it is located on a non-combustible surface extending beyond the unit to a dimension equal to the height of the unit;
the size of the combustion area of the Outdoor Fireplace, Outdoor Appliance, Outdoor Fire Pit or Smoke House is not larger than 1 meter (3.2 feet) in any direction;
it does not create a Nuisance;
a portable fire extinguisher or operable garden hose is available while the unit is in operation; and
the Owner or person otherwise overseeing the Outdoor Fireplace, Outdoor Appliance, Outdoor Fire Pit, or Smoke House maintains constant watch and control over the fire from the time of the setting of the fire until the fire is totally extinguished.
10. (1)
A person may set or cause to be set or maintained a Cooking Fire without obtaining a Permit between sunrise and 11 p.m., provided that:
(a) the fire is not more than 0.3 meters by 0.3 meters in size and not more than 0.3 meters in height;
(b) the fire is located at a distance of not less than five (5) meters between the fire and any building, structure, property line, tree, hedge, fence, roadway, overhead wire or other combustible article;
4

(c) the wind velocity is not greater that twenty four (24) kilometers per hour;
(d) there is no combustible ground cover within five (5 ) meters of the fire;
(e) the fire does not create a Nuisance;
(f) a fire extinguisher, operable garden hose, or suitable means of extinguishment is available while the fire is burning; and
(g) the Owner or person setting the Cooking Fire maintains constant watch and control over the Cooking Fire from the time of the setting of the fire until the fire is totally extinguished.

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