**** HRFE Release
Burning Rules and Regulations
Domestic Burning in a Permit Required Zone
If your property is serviced with both municipal water AND sewer, then you are in what’s described as a Permit Required Zone. Most of the urban/suburban lots in the municipality are located in a Permit Required Zone.
Permit Required Zone – Summer (March 15th – October 15th)
Burning types below are limited by the time of day. Time of day allowed in this category is 2 p.m. to midnight. The time of day may be further restricted by provincial or municipal bans and you must check for bans every time before you burn. They are posted 2 p.m. every day. Please see “Provincial / Municipal Bans” below to learn about bans.
Domestic Burning (brush and tree limbs) is prohibited
Domestic Waste Burning is prohibited and includes:
- leaf and yard waste including grass and grass clippings, twigs, and house and garden plants;
- box board including cereal, shoe, tissue and detergent boxes; and
- construction or demolition material, including saw dust, wood shavings, planking, siding, wood beams, plastic and rubber.
Campfire Burning (0.5 metre diameter open fire) is prohibited except in public or private campgrounds.
Outdoor wood burning appliances are allowed without a permit if they meet the criteria in the By-law.
Burning in propane or natural gas CSA or ULC approved appliance: These devices are not regulated under this By-law however all manufactures instructions must be followed. They are not subject to time restrictions.
Permit Required Zone – Winter (October 16th – March 14th)
All burning types below are limited by the time of day. Time of day allowed in this category is 8 a.m. to midnight.
Domestic Burning (brush and tree limbs) allowed ONLY if :
- the fire is 23 metres (75 feet) away from any dwelling or accessory building;
- a person in charge of burning has a means to call 911 from site;
- at least two people nineteen (19) years of age or older are present;
- suitable equipment is in attendance to contain and extinguish the fire;
- wind velocity will not jeopardize the ability to control and contain the fire;
- a municipal burn permitis filled out and on site during burning; and
- the person in charge ensures all smouldering embers are completely extinguished prior to leaving the site
If you are in this category, note that achieving the setback distance is unlikely.
Domestic Waste Burning is prohibited and includes:
- leaf and yard waste including grass and grass clippings, twigs, and house and garden plants;
- box board including cereal, shoe, tissue and detergent boxes; and
- construction or demolition material, including saw dust, wood shavings, planking, siding, wood beams, plastic and rubber.
Campfire Burning (0.5 metre diameter open fire) is prohibited except in public or private campgrounds.
Outdoor wood burning appliancesare allowed without a permit if they meet the criteria in the By-law.
Burning in propane or natural gas CSA or ULC approved appliance: These devices are not regulated under this By-law however all manufactures instructions must be followed. They are not subject to time restrictions.
Domestic Burning in a No Permit Required Zone
If your property is not serviced with both municipal water AND sewer, then you are in what is described as a No Permit Required Zone. Most of the rural lots in the municipality are located in a No Permit Required Zone.
In addition to the criteria above, the following communities are defined as No Permit Required Zones:
| Bayside | Hubbards | Prospect |
| Beaver Bank/Kinsac | Hubley | Prospect Bay |
| Big Lake | Indian Harbour | Queensland |
| Black Point | Ingramport | Seabright |
| Blind Bay | Lewis Lake | Shad Bay |
| Boutiliers Point | Lower Prospect | Sheet Harbour |
| Brookside | Lower Tantallon | Tangier |
| Cooks Brook | McGrath’s Cove | Terence Bay |
| Dutch Settlement | Meagher’s Grant | Three Harbours/Port Dufferin |
| East Dover | Middle Musquodoboit | Upper Musquodoboit |
| French Village | Mooseland | Upper Tantallon |
| Glen Haven | Moser River | West Dover |
| Glen Margaret | Mushaboom | White’s Lake |
| Goodwood | Musquodoboit Harbour | |
| Hacketts Cove | Ostrea Lake | |
| Hatchet Lake | Oyster Pond | |
| Head of St. Margaret’s Bay | Peggy’s Cove |
No Permit Required Zone – Summer (March 15th – October 15th)
All burning types below are limited by the time of day. Time of day allowed in this category is 2 p.m. to midnight. The time of day may be further restricted by provincial / municipal bansand you must check for bans every time before you burn. They are posted daily at 2 p.m.
Domestic Burning (brush and tree limbs) allowed ONLY if :
- the fire is 23 metres (75 feet) away from any dwelling or accessory building;
- a person in charge of burning has a means to call 911 from site;
- at least two people nineteen (19) years of age or older are present;
- suitable equipment is in attendance to contain and extinguish the fire;
- wind velocity will not jeopardize the ability to control and contain the fire; and
- the person in charge ensures all smouldering embers are completely extinguished prior to leaving the site
Domestic Waste Burning is prohibited and includes:
- leaf and yard waste including grass and grass clippings, twigs, and house and garden plants;
- box board including cereal, shoe, tissue and detergent boxes; and
- construction or demolition material, including saw dust, wood shavings, planking, siding, wood beams, plastic and rubber.
Campfire burning (0.5 metre diameter open fire) is allowed ONLY if the fire is 4.75 metres (15 feet) away from any dwelling or accessory building. The campfire must be contained using non-combustible material and you must burn dry seasoned firewood. Only one campfire is permitted per property. Campfire burning is also permitted in public and private campgrounds.
Outdoor wood burning appliances are allowed if they meet the criteria in the By-law.
Burning in propane or natural gas CSA or ULC approved appliance: These devices are not regulated under this By-law however all manufactures instructions must be followed. They are not subject to time restrictions.
No Permit Required Zone – Winter (October 16th – March 14th)
All burning types below are limited by the time of day. Time of day allowed in this category is 8 a.m. to midnight.
Domestic Burning (brush and tree limbs) allowed ONLY if :
- the fire is 23 metres (75 feet) away from any dwelling or accessory building;
- a person in charge of burning has a means to call 911 from site;
- at least two people nineteen (19) years of age or older are present;
- suitable equipment is in attendance to contain and extinguish the fire;
- wind velocity will not jeopardize the ability to control and contain the fire; and
- the person in charge ensures all smouldering embers are completely extinguished prior to leaving the site
Domestic Waste Burning is prohibited and includes:
- leaf and yard waste including grass and grass clippings, twigs, and house and garden plants;
- box board including cereal, shoe, tissue and detergent boxes; and
- construction or demolition material, including saw dust, wood shavings, planking, siding, wood beams, plastic and rubber.
Campfire burning (0.5 metre diameter open fire) is allowed ONLY if the fire is 4.75 metres (15 feet) away from any dwelling or accessory building. The campfire must be contained using non-combustible material and you must burn dry seasoned firewood. Only one campfire is permitted per property. Campfire burning is also permitted in public and private campgrounds.
Outdoor wood burning appliancesare allowed if they meet the criteria in the By-law.
Burning in propane or natural gas CSA or ULC approved appliance: These devices are not regulated under this By-law however all manufactures instructions must be followed. They are not subject to time restrictions.
Provincial / Municipal Bans
The provincial burning restriction website is updated daily at 2 p.m. At that time the Department of Natural Resources will confirm by way of a colour on the map the hours in which you are allowed to burn on that day:
- Green = open air wood burning is allowed, beginning at 2 p.m.
- Yellow = open air wood burning is allowed, beginning at 7 p.m.
- Red = open air wood burning is not allowed at any time
In the majority of cases, Halifax Fire and Emergency (HRFE) will mirror the level of restriction on open-air wood burning declared by the province. HRFE also has the ability to be more stringent than the province if it is warranted.
If the fire service declares a higher level of restriction than the province, the public will be informed via a public service announcement (which can be found in the Media Room, on the Halifax Regional Fire & Emergency website and through social media updates on the HRFE Twitter feed (@hfxfire).
Outdoor wood burning appliances
The following criteria must be met for a device to be considered an ‘outdoor wood burning appliance’ under the By-law:
- placed a minimum of 4.75 metres (15 feet) from any dwelling or accessory building
- not placed on a wooden deck or combustible platform
- only burns dry seasoned wood
- equipped with a spark arrester with no opening large than 9.65 mm (3/8″) to prevent sparks from leaving the appliance;
- The manufacturer’s instructions are followed
- Only one is being used on the property at a time
Other types of burning
For more information on these burning types, please contact 311 and they will arrange for a Fire Prevention Officer to contact you.
How to lodge a complaint
Call 911 while the illegal burning is occurring and advise the operator of the civic address where the burning is taking place and the reason you think the burning is in violation of the Halifax Regional Municipality’s By-Law Number O-109 Respecting Open Air Burning.
The fire department has the authority to extinguish or order extinguished any fire that poses a fire hazard. However, if there are no burning bans issued and the person in charge of the fire is following all applicable regulations found in the Halifax Regional Municipality’s By-Law Number O-109 Respecting Open Air Burning then the fire will not be extinguished.
Enforcement
Any person who fails to comply with any provision of the Halifax Regional Municipality’s By-Law Number O-109 Respecting Open Air Burning may also be ticketed for each offence under the By-law each carrying a minimum fine of $410.
Any person who fails to comply with any provision of the Halifax Regional Municipality’s By-Law Number O-109 Respecting Open Air Burning may be prosecuted and be liable to a penalty of not less than $250, and not more than $10,000.
In addition to any fine, a court or judge may order the offender to pay all expenses, costs, and/or damages related to extinguishing the fire.
If such a judgment is issued, the Halifax Regional Municipality has the authority to collect that financial penalty by way of a lien against the property owner, which would be applied and enforced in the same manner as it would for taxes under the provincial Assessment Act or the Halifax Regional Municipality Charter.
FP-385 (PDF)
