Appendix B: Jurisdictional Initiatives on On-Site Residential Waste Combustion
| Jurisdiction | Statutes/Regulations | Description |
|---|---|---|
| British Columbia | Waste Management Act | General prohibition against causing pollution. Backyard burning is no specifically addressed in statutory provisions or regulations. |
| Alberta | Substance Release Regulation | Prohibition against burning debris that causes release of dense smoke, offensive odours or toxic substances. Regulation targets non-domestic sources of air pollution but may be interpreted more broadly. |
| Saskatchewan | Clean Air Act | Act gives municipalities the authority to control open air fires for burning of household waste. |
| Manitoba | Manitoba Environment Act | Provides general pollution prevention legislation and opportunity to control emissions of concern from public health or nuisance perspectives. |
| Ontario | Environmental Protection Act (EPA) Fire Code |
The EPA provides a general prohibition against discharging a contaminant that causes or is likely to cause an adverse effect. The Fire Code prohibits open air burning unless approved by the Chief Fire Official. |
| Quebec | Regulation Respecting the Quality of the Atmosphere | General prohibition against open air burning of residual materials; no specific prohibition respecting on-site residential waste combustion. |
| New Brunswick | Air Quality Regulation | Prohibits burning any material in an open fire without a permit; permitting system administered by the Department of Environment and Local Government; Department policy prohibits burning domestic waste. |
| Nova Scotia | Air Quality Regulation (AQR) Solid Waste Resource Management Regulations (SWRMR) |
The AQR prohibit open burning of designated materials, including tires, used oil, rubber, and plastic. The SWRMR prohibits the open burning of municipal solid waste. |
| Prince Edward Island | Air Quality Regulations | Prohibits the burning of a range of materials including domestic waste, permitting system for backyard fires administered by the Department of Environment and Energy. |
| Newfoundland | Pollution Control Regulations | Prohibits open burning of any material that will or is likely to cause air pollution, except with permission of provincial officials. |
| Nunavut | Environmental Protection Act | General prohibition against discharge of contaminants to the environment. |
| Northwest Territories | Environmental Protection Act | General prohibition against discharge of contaminants to the environment. |
| Yukon | Air Emissions Regulation | General prohibition on open burning of waste in quantities greater than 5 kilograms. |
Source: Gartner Lee Limited, Approaches to Reducing On-Site Residential Waste Combustion, prepared for the Canadian Council of Ministers of the Environment (CCME), February 2004.
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