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Can a bylaw officer enter your property without permission ?

Deal Expert
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Jan 27, 2004
43770 posts
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T.O. Lotto Captain
You can contain your fire in a portable charcoal bbq.
If it happens again... you can say “oh its a misundersdanding... i was actually just roasting some weiney’s on this small charcoal bbq... “

Then show your little bbq with a fire starting

“Maybe the kindling j used for the coals was really smokey!”
Deal Addict
Jul 22, 2019
1090 posts
1202 upvotes
HghSsociety wrote: Can't you just follow the bylaws?


People just don't care about others around them now a days.

Society has shown its true colours especially with COVID-19
Temp. Banned
Apr 5, 2013
4848 posts
1931 upvotes
markham
a lot of areas, you need a grill to show its a cooking fire.(and some type of extinguisher/water hose close by)

I use a cut down steel oil barrel to contain fire (about 20-30 inches high) and have an old steel grate right beside it.. that counts as legal in my cottage country
Deal Fanatic
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Sep 6, 2002
8423 posts
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Vancouver
Omg 2 people next to a small fire crime of the century.

Oh but the asthmatics. My god I’m glad I don’t live in the burbs with you by law calling losers.
Autocorrect sucks
Deal Addict
Apr 5, 2007
1574 posts
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Canada
webshark wrote: 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.
Great .... another armchair lawyer who is giving out nonsensical information. Even a quick Google search will tell you it is far more complicated than your "consent or nothing" theory
https://www.svlaw.ca/blog/details/item/ ... -my-rights
https://www.justice.gc.ca/eng/csj-sjc/r ... /art8.html
http://www.cba.org/cba/cle/PDF/CRIM12_P ... lliams.pdf
Deal Expert
Feb 7, 2017
15137 posts
12229 upvotes
Eastern Ontario
In most places a propane / Natural Gas fire table is legal all the time

But any sort of open fire ... that uses wood for fuel
like a bonfire, campfire, fire pit, chimenea etc ... is not

Certainly not legal in most urban / suburban areas (See your Municipal Bylaws)

They may however be legal in rural areas
But would ALWAYS also be subject to bylaws regarding where it was on your property (distance from structures)
And what measures were in place to secure the fire ... base requirements, supervision, nearby extinguisher / water on hand

AND ... such a fire, would also be subject to PROVINCIAL Open Fire Bans
(Where a propane / NG Sourced fire is still ok even when such Bans are in place)
As anyone who camps can tell you

The reasoning ... Wood Fires are far more difficult to extinguish than other types
With a propane / NG BBQ, of fire table, you just turn off the gas
With a wood fire ... too many people don’t put them out properly

In an urban setting ... that is a disaster waiting to happen with so many houses close together
Just ask the O’Leary Family of Chicago ... Lol, or their cow
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Mar 7, 2007
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cahk wrote: Great .... another armchair lawyer who is giving out nonsensical information. Even a quick Google search will tell you it is far more complicated than your "consent or nothing" theory
https://www.svlaw.ca/blog/details/item/ ... -my-rights
https://www.justice.gc.ca/eng/csj-sjc/r ... /art8.html
http://www.cba.org/cba/cle/PDF/CRIM12_P ... lliams.pdf
Lots of info on those links.

The answer is there, in black and white. In the case of fire, the by-law officer has a good reason to enter your property, even your house (if the fire is inside, or appears to be inside, or for the purpose of investigating). The officer does NOT need your permission, or a warrant.

The Fire Protection and Prevention Act, 1997 also provides for rights of warrantless entry. Under that Act, no distinction is made between parts of your property that are used as a ‘dwelling’ and those that aren’t, and a fire inspector may enter and inspect land and premises, without a warrant and at all reasonable times, for the purposes of assessing fire safety. Moreover, the fire safety issue does not need to present an immediate health and safety concern.


So... anything related to fire falls under "exigent circumstances" and no warrant is needed at all. By-law officer or cop or firefighter can enter your property, even the inside of your house. If they are responding to a complain, even more so.

I think the OP should stop making fires, and his problems will go away.
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Jan 9, 2011
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Vancouver
Heh. We lived in the suburbs when I was a kid and had a fire pit. They were legal to use for BBQing. Once my father used it to burn leaves and garden waste. It made a huge amount of smoke. Neighbours complained and call the fire department. They showed up in a fire truck and full gear. My mom called out to him from the house "The fire department's here!" I've never seen him move so fast. He ran into the house and back out with a couple of wieners. By the time the firemen came into the backyard he had the grate down and a pair of pink wieners on. The firemen just rolled their eyes.
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Mar 7, 2007
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Kiraly wrote: Heh. We lived in the suburbs when I was a kid and had a fire pit. They were legal to use for BBQing. Once my father used it to burn leaves and garden waste. It made a huge amount of smoke. Neighbours complained and call the fire department. They showed up in a fire truck and full gear. My mom called out to him from the house "The fire department's here!" I've never seen him move so fast. He ran into the house and back out with a couple of wieners. By the time the firemen came into the backyard he had the grate down and a pair of pink wieners on. The firemen just rolled their eyes.
If the OP wants to talk about "options", he could try to do a couple of things to still have a fire. Someone already was kind enough to post the Mississauga by-law (post #6 of this thread).

#1 - OP could apply for permit from the Fire Chief, or
#2 - OP could operate a cooking fire (no permit required), "the fire is not more than 0.3 meters by 0.3 meters" etc. etc. etc.

HOWEVER.... if there is a complain again.... by-law officer would show up again... and OP has to put the fire out. Even a "cooking" fire, or a fire with a permit, cannot take place "if it creates a Nuisance."

Smiling Face With Open Mouth
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Jan 9, 2011
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Vancouver
motomondo wrote: HOWEVER.... if there is a complain again.... by-law officer would show up again... and OP has to put the fire out. Even a "cooking" fire, or a fire with a permit, cannot take place "if it creates a Nuisance."

Smiling Face With Open Mouth
Yup. Dad learned his lesson after that, he never burned leaves in the backyard again.

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