HomeMy Public PortalAbout2021-06-17_COW_Website Agenda PackagePage 1 of 1 (Cover Pages)
Comm ittee of the Whole
AGENDA
Thursday, June 17, 2021
Chester Municipal Council Chambers / Facebook Live
151 King Street, Chester, NS
1. MEETING CALLED TO ORDER
2. APPROVAL OF AGENDA/ORDER OF BUSINESS
3. PUBLIC INPUT SESSION (9:00 a.m. to 9:15 a.m.)
4. MINUTES OF PREVIOUS MEETING
4.1 Committee of the Whole – May 20, 2021.
5. PUBLIC PRESENTATIONS
6. MATTERS ARISING
6.1 Quarterly Report of 4th Quarter – Corporate and Strategic Management.
7. CORRESPONDENCE
7.1 Correspondence dated June 8, 2021, from the NS Minister of Environment and Climate
Change regarding 60 day public engagement on creating goals under the Sustainable
Development Goals Act and new Climate Change Plan for Clean Growth.
8. NEW BUSINESS
8.1 Request for Decision prepared June 2, 2021 – Community Development & Recreation – New
Road Name Assignment – Anchors Way (District 1).
8.2 Request for Decision prepared June 8, 2021 – Corporate and Strategic Management – Fire
Services – Outdoor Fire By-Law # 142 – Amendment.
9. IN CAMERA
10. ADJOURNMENT
179
MUNICIPALITY OF THE DISTRICT OF CHESTER
Minutes of
COMMITTEE OF THE WHOLE
Via Facebook Live (Zoom) from 151 King Street, Chester, NS
On Thursday, May 20, 2021
CALLED TO ORDER
Warden Webber called the Zoom meeting to order at 8:44 a.m.
Present: District 1 – Councillor Veinotte District 2 – Deputy Warden Shatford
District 3 – Councillor Barkhouse District 4 – Warden Webber
District 5 – Councillor Assaff District 6 – Councillor Connors
District 7 – Councillor Church
Staff: Dan McDougall, CAO Tara Maguire, Deputy CAO
Pamela Myra, Municipal Clerk Jennifer Webber, Communications Officer
Chad Haughn, Director of Community Development and Recreation
Solicitor: Samuel Lamey, Municipal Solicitor
APPROVAL OF AGENDA AND ORDER OF BUSINESS
Additions:
Deputy Warden Shatford – Municipal Signage
Councillor Church – New Business – Pop-up site in Chester again for COVID testing.
2021-208 MOVED by Councillor Barkhouse, SECONDED BY Councillor Church the Agenda
and Order of Business be approved as amended. ALL IN FAVOUR. MOTION
CARRIED.
PUBLIC INPUT
There was no public input received.
MINUTES OF PREVIOUS MEETING
Committee of the Whole (continued) May 20, 2021 180
4.1 Committee of the Whole – April 29, 2021.
2021-209 MOVED by Councillor Barkhouse, SECONDED by Councillor Church the minutes of
the April 29, 2021 meeting of Committee of the Whole be approved as circulated.
ALL IN FAVOUR. MOTION CARRIED.
4.2 Committee of the Whole – May 6, 2021.
2021-210 MOVED by Councillor Church, SECONDED by Deputy Warden Shatford the
minutes of the May 6, 2021 meeting of Committee of the Whole be approved as
circulated. ALL IN FAVOUR. MOTION CARRIED.
MATTERS ARISING
6.1 Request for Decision prepared January 14, 2021 – Infrastructure and Operations –
Haughn Property.
A brief discussion was held regarding the potential cost of repair as well as deregistration
as a heritage property.
2021-211 MOVED by Councillor Barkhouse, SECONDED by Councillor Church that
Council the Committee of the Whole recommend to Council to direct staff to
apply to demolish the Countway Mosher Home to the Municipal Heritage
Advisory Committee, and approve an expenditure not exceeding $70,000. ALL
IN FAVOUR. MOTION CARRIED.
ALL IN FAVOUR. MOTION CARRIED
6.2 Quarterly Report of 4th Quarter – Financial and Information Services.
Malcolm Pitman, Director of Financial and Information Services was present via Zoom to
review the information in the Financial portion of the Quarterly report, indicating a
surplus. It was noted, for example that the deed transfer tax is $883,000 more than
budgeted.
Cliff Gall, Director of Information Services was present via Zoom and to review the
material in the Information Services portion of the Quarterly Report. He reviewed some
Committee of the Whole (continued) May 20, 2021 181
new initiatives such as replacement of the server infrastructure, completion of network
vulnerability assessment, and Access E11.
Dan Pittman, Records Management and Quality Control Coordinator was present via
Zoom to review purchasing, which is being standardized and outlined the sourcing,
solicitation, evaluation, awarding, contracting, purchasing, performance process.
Questions were asked and answered regarding security, tracking, reporting, dealing with
requests that are not municipal-related, use of 211, and how Councillors and residents can
get to Access E11 for issues.
PUBLIC PRESENTATIONS
5.1 Sandy Dumaresq at 9:15 a.m. (via Zoom) regarding St. Vincent de Paul and
accompanied by Susan MacDonald, and Patricia Mount.
Sandy Dumaresq, Susan MacDonald, and Patricia Mount attended the meeting via Zoom.
Ms. Dumaresq reviewed the information provided in the agenda package to familiarize
Council with the work done by the St. Vincent de Paul organization which covers all of
Lunenburg County and is available to all residents. She noted that they had applied for
grants in the past but were denied. Before another grant request is received by Council,
she wanted Councillors to know that this is an organization that helps residents requiring
financial assistance with power, rent, fuel, medical, food, dental, eyewear, taxes,
furnishings, etc. and is available to anyone. She provided some local statistics and
anecdotal local stories of assistance.
Members of Council thanked the representatives for the presentation and providing
information that they were not aware of previously.
A short break was held from 9:45 a.m. to 9:52 a.m.
CORRESPONDENCE
7.1 Correspondence dated May 10, 2021 from Shoreham Village Senior Citizens
Apartment Association regarding request to waive dump fee for the waste produced
by re-shingling the apartment buildings.
Committee of the Whole (continued) May 20, 2021 182
2021-212 MOVED by Councillor Barkhouse, SECONDED by Deputy Warden Shatford that
the Committee of the Whole recommend to Council to approve the request
from Shoreham Village Senior Citizens Apartment Association regarding
request to waive dump fee for the waste produced by re-shingling the
apartment buildings. ALL IN FAVOUR. MOTION CARRIED.
7.2 Letter of request from Shoreham for letter of support for Canada Healthy
Communities Initiative Grant.
2021-213 MOVED by Councillor Barkhouse, SECONDED by Deputy Warden Shatford that
the Committee of the Whole recommend to Council to provide a letter of
support to Shoreham Village to accompany their grant request to Canada
Healthy Community Initiatives Grant for the project outlined in their
submission to improve the green space for residents of the facility. ALL IN
FAVOUR. MOTION CARRIED.
NEW BUSINESS
8.1 Request for Decision prepared April 27, 2021 – Fire Services – Amendment to Policy
P-33 Terms of Reference for Fire for Registration of Fire and Emergency Service
Providers.
The Deputy CAO reviewed the requirement regarding Commissions submitting area rates
approved at the Annual General Meetings. Due to COVID-19 Annual General Meetings
are not able to be held. The request is to allow Commissions to provide the rate to
Council but exempt them the requirement of holding an Annual General Meeting due to
gathering restrictions.
2021-214 MOVED by Deputy Warden Shatford, SECONDED by Councillor Barkhouse that
the Committee of the Whole recommend to Council that a temporary
exemption to Policy P33 be approved to allow for the acceptance of the fire
tax rate as submitted by Fire Commissions without the requirement for an
Annual General Meeting as referenced in Schedule C of Policy P-33 and allow
Commissions to provide the rate to Council without an Annual General
Meeting due to gathering restrictions. ALL IN FAVOUR. MOTION
8.2 Signage – Deputy Warden Shatford.
Committee of the Whole (continued) May 20, 2021 183
Deputy Warden Shatford indicated that there are no welcome signs at the entrance of the
Municipality in Martins River, New Ross, or Hubbards – it would be nice for visitors to
know they are entering the Municipality.
Other members of Council agreed and commented on community signage in the various
Council Districts as well.
Warden Webber directed staff to prepare information on the costs and implementation
for review of the Committee.
8.3 Pop-Up Site for COVID Testing – Councillor Church.
Councillor Church indicated that residents would like to have the opportunity to attend a
testing site here rather than must go to Bridgewater.
It was noted that REMO has requested this of Public Health on previous occasions to no
avail as they seem to be focusing on regional sites for testing.
Warden Webber directed staff to prepare a letter of request to Public Health on
consideration of a pop-up COVID testing site in this area.
IN CAMERA
There were no In Camera items for discussion.
ADJOURNMENT
2021-215 MOVED by Councillor Barkhouse, SECONDED by Councillor Church the meeting
adjourn. ALL IN FAVOUR. MOTION CARRIED. (10:03 a.m.)
___________________________ ___________________________
Allen Webber Pamela Myra
Warden Municipal Clerk
Corporate & Strategic ManagementQuarterly Update
Special ProjectsStrategic PlanningWorkshops held with Council to discuss workplan2021-24 Strategic Priorities Framework & Chart approved by CouncilHospitality PolicyReviewed policy and approved policy as required by MGA following electionDiversity & InclusionWorking on TOR for committee of council and staff teamStaff report for options will be presented to Council in Q1 2021AccessibilityAll partner units have approved the MOU for a shared positionCurrently recruiting a term Accessibility Coordinator.Provided brief update to Regional Accessibility TeamAnticipate filling position in July and holding next committee meeting in Q2Rural Internet DNS/Bell Phase 3 project communicationBell/DNS Phase 2 projects funding agreement Ongoing communication with residents and DNSWastewater StrategyWorked with vendors to address questions and clarificationsCoordinated team to review proposals and prepared request for decisionWorking with I&O to prepare contract & project initiationAssisted with Debrief meetings for proponentsProject has been shifted over to Infrastructure and Operations but continue to provide support as needed
Outdoor Burning Bylaw•Final draft prepared •Consulted with CVFD chief to get input on final draft•Draft to council this week•Will do an educational campaign to let people know what the changes are.
Fire ServicesCompleted Fire Department P33 registrations. Re-issuing for 2021/22.Completed Risk Assessment Phase 1-3 review with Steering Committee. In discussion with SCM.Completed annual SCBA fit testing with all Fire Departments.Completed Environmental, Property and Liability Insurance renewals for Fire Departments. Completed budget process for 2021/22.Complete Fire Smart Grant for Chester Basin FD. Working on trail access issues with Fire Departments and Recreation.Continued work on FD accident and Disability market survey and program review. (New representative)Drafted revisions to Outdoor Burning Bylaw for review by Council.Continuing administration of Workers Compensation Board (WCB) accounts for Fire Services.Submitted amended Resolution to DMA on behalf of WS Commission to bring them under the Rural Fire District Act.
REMO2021-22 Budget approved by all councilsREMO assisted NS Public Health with COVID pop up clinics in BridgewaterLetter sent to Minister requesting COVID pop up clinic in ChesterAECs are now sharing on call each weekend to ensure coverage for REMO coordinator Updated critical infrastructure listing for MOCUpdated REMO evacuation plansUpdated REMO plan for Big TancookUpdating status of MOC comfort centersDaily AEC and REMC communications and supplies to Fire Services and staff on COVID 19
Health and Safety Completed budget and work plan process for 2021/22. Working on ergonomic survey and program with WCB.Working on Epi-pen program. (under risk management review)Working on proposal for training in communications/conflict management.Continuing work on safe work practices and training program per safety Workplan.Continuing review of Comprehensive Hazard Assessment for MOC sites. Completed security upgrade (ADT/Telus) for Chester offices resolving communication issues. (KM under review)
2926 likes 6161377followers 102 Municipal newsletters1,164users visited COVID-19 micro48,729views and average 6,701 usersTax SalesContact informationBuilding & Development PermitsWaste/RecyclingEmploymentTancook FerryZoningProperty Taxes and RatesCouncilPlanning-DevelopmentTop 10 pages778followers 145MediaInquiries 5Media releases 1Special MentionMove Here was the 13th most viewed page with 645 views last quarter
Communication Support Council meetingsWebsite/social media maintenanceCASL (internal discussions)Parade Square BeautificationPromotional materialCOVID-19 responseAnti-litter/illegal dumping campaignBest Of Chester Municipality Business AwardsClimate Change T2050Mobile app researchSocial media training/supportVolunteer WeekEarth DayInquiries/feedbackBrand usePromotionPublicSupport
Investment Attraction•Website Development•Weekly meetings with consultant.•Completed website design.•Sector Profiles•Developed layout/design of 2-page profiles for each sector.•Facebook February campaign•“Why do you love to do business in the MOC”. •7 businesses participated. •# of people reached: 13,911.•# of engagements generated: 2,025.•Initiated LinkedIn Municipality of Chester page for B2B marketing•Initiated Instagram Municipality of Chester page to showcase quality of life and industryactivity.This Photo by Unknown Author is licensed under CC BY
Parade Square Beautification Project •Staff launched a Voices and Choices page to begin public consultation. Meetings will get underway as soon as COVID gathering rules are relaxed.•The installation of the three pathways began in March and is now completed.•Staff will install the new picnic tables and benches in June.•Phase 1 Completion:June 2021•Public Consultation Completion:October 2021
Kaizer Meadow Industrial Park•Nova Scotia Power load capacity assessment completed.•Plan of work presented to Council •Continued work on concept map to feature on investment attraction website •Issued and awarded RFQ for Phase 1 Environmental Site Assessment•Phase 1 Environmental Site Assessment Completion: Summer 2021
Other ED Initiatives •Commercial Land Inventory•Weekly meetings to establish base map.•ArcGIS Platform•Basemap completion target: June 2021•Physician Recruitment And Retention Project •The print and digital marketing campaign, in partnership with Canadian Medical Journal is underway. It has resulted in 3 physician inquires from BC and Alberta. •Purchase of custom gift boxes working with local businesses for items: Going Coastal, Julien’s Bakery, Chez Glass Lass, Nancy’s Seaweed Soaps, Far Far Away shop)•Delivery of gift boxes to current doctors, as part of our retention program.•Capacity Building•No activity this quarter•Meetings and Business Engagements•Meeting with Port of Halifax Director of Business Development•Meeting with East Hants Economic Development •Meeting with regional Tourism colleagues from MODL, Region of Queens, Shelburne County and Municipality of Barrington•3 Events Lunenburg County board meetings•8 South Shore Tourism Cooperative Board Meetings•2 Hugh Mackay Tourism Support Network Meetings •1 Hugh MacKay Business Development Advisory Group Meeting
Best of Chester Municipality Business AwardsBest Artisanal RetailerNancy’s Seaweed Soaprunner up: The Village EmporiumBest Building ServicesChester Building Supplies runner up: Gates ElectricBest Building Supply StoreChester Building Supplies runner up: Chester Home HardwareBest Community SpaceLordly Park runner up: Forest Heights Community SchoolBest Farm/Forestry BusinessRoss Farm Museum runner up: Millett LumberBest Garden ServicesOceanview Home and Garden runner up: Downey’s Pitcher Plant NurseryBest Gas StationThe Gold Nugget AFN runners up: Chester Basin Petro-Canada & Chester Irving)Best Grocery/Convenience StoreSpidles' Your Independent Grocer runner up: Foodland – ChesterBest Health Care ProviderChester Pharmasave runner up: Our Health CentreBest Health/Beauty ServicesLuna Salon Spa & Boutique runner up: Valerie’s Hair StudioBest Manufacturing BusinessBlack Harbour Distillers runner up: South Shore Metal WorksBest Marine Services BusinessGold River Marina Ltd. runner up: South Shore Marine Ltd.Best Mechanic/Auto ShopChester Service Centre Ltd.runner up: Gold River AutoBest Non-Profit GroupIntegrity’s Haven Equine Rescue Centre runner up: Chester Area Family Resource CentreBest Pet ServicesYour Friend & Mine Pet Supplies runner up: Chester Basin Animal HospitalBest Place to Have a CoffeeKiwi Caférunner up: Imperfections CaféBest Place to StayOak Island Resort & Conference Centre runner up: MecklenburghInnBest Professional ServicesScotiabank Chester rrunner up: New Ross Credit UnionBest RealtorSusan Diamond, Engel & Volkersrunner up: Anna King, Engel & VolkersBest RestaurantGold Bean Caférunner up: Fo'c'sle TavernBest Spa/Fitness FacilitySENSEA Nordic Spa runner up: Luna Salon Spa & BoutiqueBest Specialist RetailerJulien’s Bakery runner up: Black Harbour DistillersBest Vendor at a Farmers MarketJulien’s Bakeryrunner up: Black Harbour Distillers
•The new marketing campaign called “Picture Perfect” launched in February and will support all seasons.•The campaign will run on Tourism Chester social media channels. 24 new ads have been created.•Staff reached out to current Tourism Ambassadors for confirmation on participation in the program.•Tourism Chester website audit completed by Tourism NS. The recommended changes will be presented to Council for decision/direction.•Target Date: June 2021
10700-40-57583
June 8, 2021
Dear Municipality:
I am pleased to announce that Environment and Climate Change has launched a 60-day public
engagement on creating goals under the Sustainable Development Goals Act and a new Climate
Change Plan for Clean Growth. The engagement runs from May 27 to July 26, 2021.
I would like to encourage you to consider sharing with your residents. We want to hear from as
many Nova Scotians as possible. We’re extremely interested in hearing their ideas, their visions,
and are committed to having those voices help form the direction for government. Our team is
making a concerted effort to reach out to as many people as possible through a variety of
avenues. In particular, it's important to hear from communities that haven't always been
included in past policy discussions, such as Black, Indigenous, and low-income communities.
We have partnered with the Clean Foundation to help coordinate the engagement process. There
are a number of ways to engage, including public Zoom sessions, a do-it-yourself kit for groups
and communities to facilitate their own discussions, as well as email, mail, and phone
submissions. More details are available at www.CleanFuture.ca.
I would also like to encourage you to reach out to our team here at Environment and Climate
Change. To that end, please feel free to contact Jason Hollett, our Associate Deputy Minister of
Climate Change. He can be reached at jason.hollett@novascotia.ca.
Preparing our municipalities for the impacts of climate change while creating a cleaner and more
inclusive economy is essential. We need all communities to be involved. I look forward to learning
more about your ideas on how we can build a better Nova Scotia together.
Sincerely,
Keith Irving, MLA
Minister of Environment and Climate Change
REQUEST FOR DECISION
Prepared By: Sylvia Dixon, Development & Planning Technician Date 2021-06-02
Reviewed By: Chad Haughn, Director of CDRD Date 2021-06-03
Authorized By: Dan McDougall, CAO Date 2021-06-09
CURRENT SITUATION
A private right-of-way off Highway 329 in East River Point (map attached) that will provide access for a
future development of three or more residential homes requires a name. The landowner has proposed the
road name Anchors Way.
RECOMMENDATION
It is recommended that Municipal Council approve the road name Anchors Way.
BACKGROUND
When there are three or more addressable properties using an unnamed shared right-of-way/driveway,
the Nova Scotia Civic Address Users Guide states that this point of access must be named. According to P-
44, the road name is suggested following a majority agreement (66.6%) from the landowners that are
served by the shared right-of-way. In this instance, the one property owner has proposed the road name
of Anchors Way as their first choice, with Butterfly Lane as the second choice, and Anchors Away Lane as
the third choice.
DISCUSSION
Anchors Way would be a unique road name in the Municipality of Chester and in Nova Scotia. There are
no similar road names to Anchors Way within Municipality of Chester.
Comments received for Anchors Way.
- District 1 Councillor – Councillor Andre Veinotte: no objection with the proposed name
- Municipal Engineer – Christa Rafuse: no objection with the proposed name
- Blandford Fire Dept. – Chief Mike Schnare: no objection with the proposed name
IMPLICATIONS
Policy
Policy P-44 – New Road Names and Road Name Changes
REPORT TO: Municipal Council
SUBMITTED BY: Community Development & Recreation
Department
DATE: 2021
SUBJECT: New Road Name Assignment
ORIGIN: New Private Road Name Request by
Property Owner
2 Request For Decision /Direction
Financial/Budgetary
A new road sign (with accessory materials) will be purchased and posted by the Infrastructure &
Operations Department.
Environmental
N/A
Strategic Plan
N/A
Work Program Implications
N/A
OPTIONS
1. Municipal Council can approve the road name Anchors Way.
2. Municipal Council can decide not to approve the name and direct staff to assign a name of
Council’s choosing.
ATTACHMENTS
1. Petition Received
2. Location Map of the Shared Private Driveway
COMMUNICATIONS (INTERNAL/EXTERNAL)
N/A
3 Request For Decision /Direction
PETITIONS RECEIVED
Requested Road Name of Anchors Way
Signed Petition from Property Owners, Thalassa Community Developments Inc.
6681
6535
36
6553
Highway
329
Rev.:Date:Description:
0
MUNICIPALITY OF THEDISTRICT OF CHESTER
From Date: N /ATo Da te : N/ADate Printed: 21/06/02
®
Legend
Civic AddressPrivate Driveway Requiring NameRoadDrivewayBuilding FootprintAffected PropertyProperty BoundaryWaterbody
60 0 6030
Metres
21/06/02
Digital Folders Entry ID:1116315
Status: Ex istsProject ID: N/AClassification #: N/A
Representation of Municipality of Chester within Nova ScotiaScale: 1:12 ,500 ,0 00
Scale: 1:3,000
New Private Road Name Proposed:Anchors Way
New Private Road Naming
Sources:Digital Base Map Data from Service N ova Scotia andMunicipal Relations
Prepared by the Municipality of the District of Chester
Coordinate System/Datum: UTM NAD83 CSRS ZONE20N
Map Disclaim er:Information shown on these drawings is compiledfrom numerous sources and may not be complete oraccurate. The Municipality of the District of Chester isnot responsible for any erro rs, omissions ordeficiencies in these drawings. Date printed do es notreflect date ofdata.
Actual Map Size: w 11" x h 8.5"
Address:New Private Road Name RequestCommunity:East River PointPID:60064334AAN:06070167Fire Dept:Blandford Fire Dept.Description:New private road name request foraccess to future development of three or moreresidential dwellings.
Private Driveway Requiring NameProposed: Anchors Way
REQUEST FOR DECISION
Prepared By: Bruce Blackwood Date June 8, 2021
Reviewed By: Tara Maguire Date June 8, 2021
Authorized By: Dan McDougall Date June 8, 2021
CURRENT SITUATION
The Outdoor Burning Bylaw No. 142 came into effect in 1997. In May 2020 Council requested
staff review the restrictions following a concern raised by a resident on the inability to have
outdoor fires in acceptable fire pits due to the distances (125 feet) required by the bylaw between
the fire pit and surrounding buildings or property lines. It is noted however that over the years
there have been several complaints from residents regarding poor air quality due to smoke
generated from these outdoor fires. Discussions were held with the Chester Fire Chief and the
Request for Decision of December 2020 sought further feedback from Council on proposed
amendments to the Bylaw. A draft of the bylaw has been reviewed with the Chester Fire Chief.
Proposed amendments to the Outdoor Burning Bylaw attempt to reach a reasonable balance,
allowing residents to enjoy smaller recreational fires while limiting the negative aspects of burning
garden waste and larger fires from industrial burning being a nuisance and possible fire risk in the
MOC.
RECOMMENDATION
It is recommended that Council give first reading of the proposed amendment to Outdoor Fire
By Law # 142.
BACKGROUND
Based on direction from Council the proposed amendments to the Outdoor Burning Bylaw
attempt to reach a reasonable balance, allowing residents to enjoy smaller recreational fires
while limiting the possible negative aspects (nuisance and possible fire risk) of burning garden
waste and larger fires for land clearing in the MOC.
DISCUSSION
The MOC is primarily rural and recreational or permitted industrial outdoor burning does not
typically present issues of risk or nuisance. However, within the denser populated areas of the
Municipality outdoor burning is of higher fire risk due to limited clearances and due to smoke
generated can have adverse effects on general air quality.
REPORT TO: Municipal Council
SUBMITTED BY: Bruce Blackwood, Fire Services
Coordinator
DATE: June 8, 2021
SUBJECT: Outdoor Burning By-law
ORIGIN: MOC Bylaws and Policies
Request for Decision
For the purposes of the burning bylaw the Municipality makes a distinction between the Chester
Village, surrounding areas of higher building/population density and the rest of the MOC. The
MOC Islands are not included in the revised by-law.
Amendments to the bylaw recognize the need for residents to be able to enjoy recreational fires
throughout the MOC and be able to burn for industrial reasons in selected areas of lower
population density, reducing the probability of fire risk and nuisance complaints.
Within the MOC as a whole the proposed revisions prohibit burning of Prohibited Materials or
any household hazardous waste and fires that create a nuisance or hazard. Fires must comply
with permits and conditions imposed by the Department of Lands and Forestry and with any
other regulations. Fires for the purposes of building demolition must have prior approval of the
Department of Environment. All fires must be attended by an adult of 19 years of age and with
suitable fire suppression resources readily available. Outdoor furnaces must meet all
requirements of any development permits issued by the MOC. Recreational fires and the use of
approved appliances on wooden outdoor decks is permitted but must comply with appropriate
clearances and fire protection.
Within the Chester Applicable Area (refer to Map) the revisions limit the size of the fire for
garden waste and land clearing to essentially 3 m in diameter and a height of 2 m. This
requirement eliminates the ability for large industrial burning and would supercede any industrial
burn permit considered by the Department of Lands and Forest. Recreational fires of up to 1 m
in diameter, burning dry seasoned wood, are permitted either open air, in an acceptable burn
pit, or in an approved appliance with appropriate clearances from buildings and other
combustibles. Only one fire is permitted on a property at one time.
Within the Chester Village Area the revisions permit small (0.75 m in diameter) recreational open
air fires and fires (1 m in diameter) within acceptable fire pits burning dry seasoned wood. The
burning of garden waste and the use of outdoor furnaces is prohibited. Only one fire is permitted
on a property at one time. Only one fire is permitted on a property at one time.
The MOC By-law Enforcement Officer administers the by-law and where it is determined there is
a failure to meet the requirements, will require the fire to be extinguished. Penalties will apply.
The Fire Chief also may order the fire to be extinguished if in his/her opinion the fire is not in
compliance with the requirements of the by-law. Enforcement of specific by law requirements
i.e. fire size, hazard/risk, clearance required, type of fuel and other specifics is straightforward
Request for Decision
however becomes more subjective when considering a fire that represent a possible nuisance as
defined. In this case, our approach may be more of simply bring the nuisance issues to the
attention of the property owner and considering more actions on possible second or third
offenses. With the revised restrictions and a limit of the extent of industrial burning and the
burning of garden waste in the denser areas, it is reasonable to expect that the number of these
possible nuisances and hazards will be reduced.
The main comments from the Chester Fire Chief were around the location of boundary for the
outer Chester Applicable Area. He felt the density in the village warranted some restrictions, but
he did have concerns regarding limiting industrial burning outside of the village area and the
ability of the fire department to require them to be extinguished if there was no apparent hazard.
He indicated that without a hazardous situation, it would be possible the fire department would
allow the fires to continue to burn, and enforcement would then become a bylaw issue or an
issue for the Department of Lands and Forests to manage if they were burning without a required
permit. He also had some concerns regarding what would constitute a nuisance fire and the
subjectivity of defining a nuisance.
IMPLICATIONS
Policy
Revision of By-Law # 142
Financial/Budgetary
No impact
Environmental
No Impact.
Strategic Plan
Reference to:
• Maintain a high level of fiscal responsibility
• Continually improve public satisfaction with municipal services
Work Program Implications
Covered in work program of By law Enforcement Officer.
OPTIONS
1. Provide first reading of the proposed amendment to Outdoor Fire By Law # 142.
2. Direct staff to further review requirements of amendment to Outdoor Fire By Law # 142.
ATTACHMENTS
Request for Decision
1. Summary of By -law restrictions
2. Draft amendment to Outdoor Fire By-Law # 142
COMMUNICATIONS (INTERNAL/EXTERNAL)
N/A
ATTACHMENTS
None
COMMUNICATIONS (INTERNAL/EXTERNAL)
N/A
OUTDOOR FIRE BY-LAW # 142 (CONTINUED)
Page 1 of 10
Municipality of the District of
Chester
Outdoor Fire By-Law
By-Law No. 142
Amended: Effective June xx, 2021
Version 5
OUTDOOR FIRE BY-LAW # 142 (CONTINUED)
Page 2 of 10
MUNICIPALITY OF THE DISTRICT OF CHESTER
BY-LAW # 142
OUTDOOR FIRE BY-LAW
1. AUTHORITY and PURPOSE
1.1. Section 172 (a), (b), and (d) of the Municipal Government Act provides Municipalities
with the power to make bylaws respecting the health, well-being, safety and
protection of persons, the safety and protection of property, and activities that may
cause nuisances including burning, odours, and fumes.
1.2. This By-law shall be known as the Outdoor Fire By-law and is intended to control
hazards and nuisances to the public associated with outdoor fires.
2. INTERPRETATION
In this By-Law:
2.1. "Acceptable Outdoor Burning Pit" means an outdoor receptacle open to the sky that;
a) is designed to contain fire and prevent it from spreading,
b) is constructed on all sides including the bottom from natural stone, bricks,
block, concrete, heavy gauge metal (min. 4 mm thickness), or other suitable
non-combustible components, and is no more than 1 meter in any dimension,
and
c) has a spark arrestor or metal mesh screen no larger than 1.25 cm of opening
covering the complete opening to contain sparks or blowing debris.
2.2. “Acceptable Outdoor Propane Fireplace”, means a commercially manufactured fire
pit or fireplace fueled by natural gas, liquified petroleum gas or bio ethanol intended
for recreational outdoor fires and having CSA, ULC or equivalent approval under the
requirements of the Nova Scotia Fuel Safety Regulations.
2.3. “Acceptable Outdoor Wood Burning Appliance” means a Chimenea or other similar
commercially manufactured recreational outdoor wood burning appliance that;
a) is constructed from a suitable fire-resistant material has a firebox intended for
burning small quantities of wood or charcoal,
and
b) has a spark arrestor or metal mesh screen no larger than 1.25 cm of opening
covering the complete opening to contain any sparks or blowing debris.
OUTDOOR FIRE BY-LAW # 142 (CONTINUED)
Page 3 of 10
2.4. “ Chester Outer Control Area” means that area of the Municipality indicated on the
Map as Chester Outer Control Area attached as Schedule B.
2.5. "Council" means the Council for the Municipality of the District of Chester .
2.6. "Emergency Management Organization" means the Regional Emergency
Management Organization (REMO) as established for the County of Lunenburg.
2.7. "Fire Chief" means the Fire Chief for a fire department registered with the
Municipality.
2.8. "Garden and Yard Waste" means any shrubbery, tree prunings, leaves, brush, weeds,
roots, tree stumps, grass, root mat, turf and similar vegetation debris resulting from
property development and/or general maintenance.
2.9. "Hazard" means a risk of fire or damage or nuisance which may be caused by the
burning of any Outdoor Burning, and which may adversely affect property and/or
persons.
2.10. "Municipality" means the Municipality of the District of Chester.
2.11. “Nuisance" means the causing of any smoke or other emission from any Outdoor
Burning permitted under this By-Law, or otherwise, that adversely affects the
reasonable enjoyment by other persons of their property.
2.12. “Open Air Fire” means any fire located anywhere on a property which is not contained
within an Acceptable Outdoor Burning Pit, an Acceptable Outdoor Wood Burning
Appliance or an Acceptable Outdoor Propane Fireplace.
2.13. “Outdoor Burning” means any combustion, whether or not fire is present or visible,
located any place on property including inside any appliance that is not fully enclosed
by a building or structure. Fire contained within a Portable Barbecuing Appliance is
not defined as an Outdoor Burning.
2.14. "Outdoor Furnace" means an outdoor wood burning appliance used for the space
heating of buildings, the heating of water or other similar purposes.
2.15. “Portable Barbecuing Appliance" means an appliance sold or constructed for the
purpose of cooking food outdoors, normally fueled by liquefied petroleum gas,
natural gas, compressed briquettes or charcoal and having CSA, ULC or equivalent
approval.
2.16. “Prohibited Materials” domestic or commercial garbage or waste, construction and
demolition debris, plastics, paint, paper, cardboard, boxboard, treated lumber,
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railway ties, manure, rubber, asphalt, asphalt products, fuel and lubricant containers,
biomedical waste or tires that are required to be recycled or disposed in accordance
with current waste management practices established by the Municipality.
2.17. “Property" means for the purpose of the By-Law, a parcel of land owned by a person
or two or more contiguous parcels of land owned by the same person .
2.18. “Solid fuel” means dry seasoned hard or soft wood, charcoal, mechanically processed
fiber wood, pelletized wood and wood chips.
2.19. “Suitable fire protection equipment” means tools and equipment useful in
extinguishing fires and preventing the spread of fires including but not limited to fi re
extinguishers, water buckets, portable water tanks and hoses attached to an
adequate water supply.
2.20. ” Chester Village Fire Control Area" means that area of the Municipality indicated on
the Map as Chester Area attached as Schedule B.
3. PROHIBITITED BURNING
3.1. On any land owned or occupied by such person, or on any other lands within the
Municipality no person shall be permitted to have Open-Air Fires or Outdoor Burning
that:
a) contain Prohibited Materials or any household hazardous waste;
b) create a Nuisance or Hazard;
c) are not in compliance with any conditions and/or restrictions imposed by the
Department of Lands and Forestry or Provincial Government including any
burning restrictions or burn bans;
d) are not in compliance with applicable Federal and Provincial laws and
regulations;
e) are intended for the for the purpose of demolition of any building or structure
without the written consent of the Minister of Environment of Nova Scotia and
in accordance with Air Quality guidelines and without first obtaining written
permission of the local Fire Chief;
(f) are not attended by an adult responsible for the fire, minimum 19 years old,
and present on the property while the fire is burning and until the fire is
extinguished;
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(g) are not provided with suitable fire protection equipment within reasonable distance
from where the fire is located and there is the ability to contact the local fire services
immediately if the fire is or appears to be getting out of control .
3.2. On any land owned or occupied by such person, or on any other lands within the
Chester Village Fire Control Area, no person shall be;
a) permitted to operate an Outdoor Furnace.
b) permitted to burn Garden and Yard Waste.
c) permitted to have an Open-Air Fire larger than 0.75 meter in diameter.
or
d) permitted to have Outdoor Burning unless contained within an Acceptable
Outdoor Burning Pit; Acceptable Outdoor Wood Burning Appliance, or
Acceptable Outdoor Propane Fireplace.
4. PERMITTED OUTDOOR FIRES
4.1. Persons shall be permitted to cook food using a Portable Barbequing Appliance or
other food preparation appliances designed for outdoor use within all areas of the
Municipality.
4.2. With the exception of 3.2 (a) an Outdoor Furnace shall be permitted within the
boundaries of the Municipality provided that the Outdoor Furnace meets the
requirements of a Development Permit issued by the Municipality, if so required.
5. CHESTER OUTER CONTROL AREA
Within the Chester Outer Control Area:
5.1. persons shall be permitted to have an Open-Air Fire or Outdoor Burning that burns
Solid fuel provided that:
a) the fire does not exceed the size of 1 meter in diameter
b) the fire is located no closer than 4.5 meters from any building, combustible
structure, combustible materials or bordering property line;
and
c) the fire does not contain any Garden and Yard Waste.
5.2. persons shall be permitted to have Open-Air Fires or Outdoor Burning for removing
or burning of Garden and Yard Waste provided:
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a) the fire noes do not exceed the size of 3 meters in diameter and 2 meters in
height
b) the fire is located no closer than 9 meters from any building, shed, garage, out
building, trees or other combustibles or bordering property line,
and
c) only one fire is burned on the property at one time,
6. CHESTER VILLAGE FIRE CONTROL AREA
6.1. Within the Chester Village Fire Control Area:
a) persons shall be permitted to have Outdoor Burning in an Acceptable Outdoor
Burning Pit, an Acceptable Outdoor Burning Appliance, or an Outdoor Propane
Fireplace, provided that:
(f) only Solid fuel is burned in an Acceptable Outdoor Burning Pit or an
Acceptable Outdoor Wood Burning Appliance,
(g) the appropriate fuel is used in an Acceptable Outdoor Propane Fireplace,
and it is operated in accordance with manufacturer’s instructions.
(h) the fire does not contain any Garden and Yard Waste
and
(i) the Acceptable Outdoor Burning Pit, Acceptable Outdoor Wood Burning
Appliance, or Acceptable Outdoor Propane Fireplace is located a
minimum of 3 meters from any building, combustible structure,
combustible materials or bordering property line;
b) persons shall be permitted to have an Open-Air Fire provided that:
(f) only Solid fuel is used.
(g) it does not exceed 0.75 m in diameter,
(h) is located a minimum of 3 meters from any building, combustible
structure, flammable or combustible materials or bordering property line,
and
(i) only one fire is burned on the property at one time.
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c) persons may operate an Acceptable Outdoor Burning Pit, an Acceptable
Outdoor Wood Burning Appliance, or an Acceptable Outdoor Propane Fireplace,
on a wooden deck, provided:
i. it is positioned on a CSA approved fire-proof pad which extends 0.5
meters from the door opening and at least 0.2 meters on all sides;
ii. is 2 meters from the building and 1 meter from any combustible
surface not appropriately protected by a CSA approved fire proofing
material and;
iii. is operated to meet the stricter standard between this By-law and
the manufacturer’s instructions for the appliance.
7. ENFORCEMENT:
7.1. The MOC By-Law Enforcement Officer is responsible for enforcement of this By-law.
Where the By-law Enforcement Officer or their designate determines that an Open-
Air Fire or Outdoor Burning poses a Hazard or a Nuisance to persons or property or
where there is a failure to comply with any provision of this By-law, they or a
designate, shall issue an Order to the property owner to have the fire extinguished
and/or to take any other remedial action that may be required to meet the provisions
of the By-Law.
7.2. A Fire Chief may extinguish or order to be extinguished any Open-Air Fire or Outdoor
Burning, if in the opinion of the Fire Chief the fire is a Hazard.
8. OFFENCES AND PENALTIES:
8.1. Any person who contravenes or fails to comply with any of the provisions of this By-
Law or any Notice or Order given pursuant is guilty of an offense punishable on
summary conviction by a fine of no less than $250.00 and not exceeding $5,000.00
for each offence, as per Schedule "A" attached and in default of payment to
imprisonment of not more than 90 days for each offense.
9. COST OF WORK:
9.1. In addition to any fine imposed pursuant to Section 7, the property owner will be
responsible for any expenses or other work required by the Order issued pursuant to
this By-law, and a result of a person contravening or failing to comply with the By-
law. Upon failure to comply with the work specified in the Order, the Municipality
may choose to have the worked completed and the costs of the work, with interest
at a rate determined by Council, from the date of the completion of the work until
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the date of payment, incurred would be the responsibility of the owner and would
form a first lien on the property which, or for the benefit of which , the work was
done.
10. COMPLIANCE WITH OTHER ACTS AND BY-LAWS
10.1. Nothing in this By-law shall exempt any person from obtaining any license,
permission, permit authority or approval required under any other By-law or
regulation of the Municipality or any statute or regulation of the Province of Nova
Scotia. If this By-law conflicts with any other statute or regulation of the Province of
Nova Scotia, the more restrictive statute shall apply.
11. REPEAL
11.1. The Outdoor Burning Bylaw and amendments thereto are repealed upon the coming
into force of this By-law.
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SCHEDULE “A "
OFFENCE Penalty
First offence $ 250.00
Second Offence $1000.00
Third Offense $ 5000.00
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SCHEDULE “B"
Chester Village Area
Permitted:
• Open air fire with solid fuel not exceeding 0.75 m in diameter and 4.5 m from combustibles and property line
• Outdoor burning with solid fuel not exceeding 1 m in diameter in Acceptable Outdoor Burning Pit, Acceptable
Outdoor Wood Burning Appliance, or an Outdoor Propane Fireplace and 3 m from combustibles and property line
• On wooden deck in Acceptable Outdoor Burning Appliance or Acceptable Outdoor Propane Fire Fireplace on
appropriate fireproof pad and 2 m from building and 1 meter from any combustibles not protected with
fireproofing material
Specifically Prohibited:
•Use of an Outdoor Furnace
•Burning of Garden and Yard waste
•More than one Open Air fire per property at one time
Applicable Area
Permitted
• Open air and Outdoor Burning fire with solid fuel not exceeding 1 m in diameter and 4.5 m from combustibles
and property line
• Open air and Outdoor Burning of Garden and Yard Waste not exceeding 3 m in diameter and height of 2 m no
closer than 9 meters from structures and other combustibles
• On wooden deck in Acceptable Outdoor Burning Appliance or Acceptable Outdoor Propane Fireplace on
appropriate fireproof pad and 2 m from building and 1 meter from any combustibles not protected with
fireproofing material
Specifically Prohibited:
• More than one Open Air fire per property at one time
Permitted:
• Use of Portable Barbequing Appliance for the purposes of cooking food
• Use of an Outdoor Furnace that meets the requirements of a Development Permit issued by Municipality if
required.
• Open air fires ignited by persons or organizations for the purpose of training members of the Regional Emergency
Management Organization or any Fire Department registered with the Municipality.
All MOC
Specifically Prohibited:
• Burning of Prohibited Materials or any household hazardous waste.
• Fires that create a Nuisance or Hazard.
• Fires that are not in compliance with permits and conditions imposed by the Department of Lands and Forestry.
• Fires not in compliance with Federal and Provincial laws and regulations.
• Fires for the purposes of demolition without prior approval of the Department of Environment.
• Fires unattended by adult of 19 years of age without suitable fire suppression resources readily available.
DRAFT