August 15, 2018 at 2:45 pm #8909Nicholas MacGillivrayParticipant
The FPPA gives the municipality the power to create bylaws when it comes to open air burning, how does this affect provincially owned properties, more specifically provincial parks? I cannot find anywhere in the municipal act or any other acts that exempts provincial properties from municipal bylaws when it comes specifically to open air burning. just looking for some input as there is some confusion around here. thanks!
September 13, 2018 at 11:02 am #9167Keith WellsParticipant
It has been my experience that we do not have jurisdiction over the Provincial Parks. With that said, I have developed a good working relationship with the staff at our local park and they have been very respectful in times of fire bans as they are committed to the preservation of their parks not to mention a Provincial commitment to ensure that their facilities are compliant with the provisions of the Fire Code. If there is an ongoing concern that cannot be resolved, I would suggest that the OFMEM be advised as the Provincial Authority and either have them address the issue or obtain direction on how to proceed.
October 1, 2018 at 4:39 pm #9250Joseph GardinerParticipant
- City: North Bay
- Department Name: North Bay Fire & Emergency Services
I would agree with Keith Wells and say we have no authority over provincially ran properties. You may want to contact OFMEM, MOE or MNR for more information.
My basis for my thoughts relates to Communiqué 97-034 . It doesn’t necessarily speak to your particular question but makes clear we have no jurisdiction over provincial/federal affairs.
I would be interested to hear what you have learned.
October 3, 2018 at 9:41 am #9324Nicholas MacGillivrayParticipant
do you happen to have a copy of that communique?
November 15, 2018 at 1:10 pm #9522Kevin MeijerinkParticipant
See 3(5) of the Provincial Parks Act. Effectively, this act states that a Provincial Park is not part of the municipality. In my interpretation, it wouldn’t be required to follow municipal by-laws.
That said, we have a great relationship with our local parks and have found them more stringent then we are with implementing and enforcing burn restrictions and bans.
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