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Village of Lions Bay Blasting Bylaw No. 170,
1988
Office Consolidation
This document is an office consolidation of Village of Lions Bay Blasting Bylaw No. 170, 1988 with
subsequent amendments adopted by the Village of Lions Bay.
All persons making use of this consolidation are reminded that it has no Council sanction, that
amendments have been incorporated only for convenience of reference, and that for all purposes
of interpretation and application, the original bylaws should be consulted. The Village of Lions Bay
will, in no event, be liable or responsible for damages of any kind arising out of the use of this
consolidation.
This is not the official version of Village of Lions Bay Blasting Bylaw No. 170, 1988, as amended,
nor is it admissible in a court of law. For such purposes, official certified copies of the original
bylaws can be obtained from the Village Office or by contacting us at: [email protected]
List of Amending Bylaws
Bylaw No.
Section
Description
Adopted/In Force
465
3.1(5)
Amends section 5 text
September 2, 2014
497
5
Amends text
December 20, 2016
/ January 1, 2017
VILLAGE OF LIONS BAY
BLASTING BYLAW NO. 170, 1988.
A Bylaw for regulating blasting within
the limits of the Village of Lions Bay
WHEREAS Council deems it advisable to regulate blasting within
the Village pursuant to the Municipal Act R.S.B.C. 1979, c. 290;
NOW THEREFORE, the Municipal Council of the Village of Lions
Bay in open meeting assembled, HEREBY ENACTS as follows:
1.
This Bylaw may be cited for all purposes as the "Village of
Lions Bay Blasting Bylaw No. 170 , 1988".
2.
In this Bylaw, the following words shall have the meanings
hereby assigned to them:
"Blast" or "blasting" shall mean lighting, igniting, firing or
discharging of gunpowder, stumping powder, dynamite, gun-cotton,
nitro-glycerine, or any other explosive substance or mixture for
the purpose of moving, breaking, disturbing, loosening or
splitting of any material, substance, or thing, or for any purpose
whatsoever.
"Superintendent of Works" shall mean the person appointed to such
position from time to time and shall include any person Council
designates to act in his place.
3.
No person shall do or carry on any blasting within the Village
unless such person has first obtained a blasting permit pursuant to this
bylaw.
4.
Any person desiring to carry on blasting within the Village shall
make application to the Superintendent of Works for a blasting permit.
No permit shall be issued to a person unless he first produces a valid
Blasting Certificate issued by the Workers ' Compensation Board and a
report from an engineer experienced in geotechnical engineering
certifying that the blasting may be safely carried out.
5.
Fees for services that may be or are provided under this Bylaw
shall be payable as set out in Fees Bylaw No. 497, 2016, as amended.
[Amended by Bylaw No. 465]
[Amended by Fees Bylaw No. 497, 2016]
6.
No permit for blasting shall be issued by the Superintendent of
Works until the applicant has given to the Superintendent of Works
security for damage to persons who, or whose property, may be injured by
the blasting. This security shall be in the form of public liability and
property damage insurance satisfactory to the Village, with minimum
coverage of Three Million Dollars ($ 3,000,000.00) inclusive for loss or
damage in respect of injury or death of any person or persons and/or
damage to property from any one accident or occurrence.
7.
The person obtaining a blasting permit shall therein indemnify
and save harmless the Village from any legal actions or claims of any
kind and description whatsoever brought against th Village for or on
account of any injury or damage to person or property, received or
sustained by any person or persons, on account of work done under the
blasting permit.
8.
Where a blasting permit is for an excavation, no permit shall be
issued unless the applicant has .first obtained valid building permit for
the proposed construction.
9.
The Superintendent of Works may refuse a permit if, in his
opinion, the applicant is incapable of carrying on blasting in a safe,
careful, competent and prudent manner.
10.
The Superintendent of Works shall have the power at any time
to cancel or suspend any blasting permit if such blasting operations are
carried on thereunder in an incompetent, dangerous or unsafe manner, by
giving verbal or written notice thereof to the holder of such permit.
Such permit shall thereupon be immediately cancelled and the holder
thereof shall immediately return the same to the Superintendent of Works
and no person whose blasting permit has been cancelled or suspended shall
engage in or carry on blasting in the Village.
11.
A holder of a blasting permit may carry on blasting only on
Monday to Friday inclusive between the hours of 8:00 a.m. to 4:00 p.m.
and only when atmospheric or other conditions permit a clear observation
at a distance of not less than 100 metres from the place where the blasting
is to be carried on.
12.
Any person to whom a blasting permit has been issued shall
comply with and observe the following regulations:
(a)
blasting shall be carried on only under the immediate
supervision of a competent person possessing a ·valid
Blasting Certificate issued by the Workers' Compensation
Board and blasting permit issued by the Superintendent
of Works;
(b)
no blasting shall be carried on in dangerous proximity
to any person, building, or property, or the works of
any underground public utility liable to suffer injury
from blasting unless and until the utmost precautions
have been taken to prevent injury to any person,
building, property or utility;
(c)
a flagman with red flags of a minimum size of 45
centimetres
X
45
centimetres,
or
other
Workers'
Compensation Board approved signalling devices, shall be
posted at every possible point where cars or pedestrians
might enter the blasting area - when the blasting is
completed, the normal vehicular and pedestrian traffic
shall be restored as quickly as possible; and
(d)
no blast shall be discharged by any person unless and
until the material to be blasted shall first have been
adequately covered with a suitable blasting mat or some
material or device sufficient to provide every precaution
for adequately safeguarding life and property.
13.
Prior to any charges being set off or discharged adjacent to
any street where persons or vehicles may be, the person in charge shall
give effective warning, in accordance with the current Workers 1
Compensation Board regulations, and sufficient time shall be given to
enable persons or vehicles to move to a safe distance from such blasting.
When the blasting has taken place the person in charge shall inspect the
area in the vicinity of the blasting and ensure that it is free of
unexploded charges or explosive material.
14
When blasting is being carried on, the person in charge shall
provide at least two competent assistants and as many additional competent
assistants as circumstances may require to warn all occupants of buildings
in the vicinity and to take all reasonable precautions to adequately
safeguard such occupants and also to prevent all persons and vehicles
from approaching within the blasting area.
15.
No person shall carry on blasting with a radius of 300 metres
of any school building during school hours until the person in charge
thereof has been notified and his consent has been obtained.
16.
No person shall carry on blasting within a radius of 100 metres
of any occupied dwelling without first notifying the occupant(s) of such
dwelling.
17.
Any person transporting or storing explosives or handling,
loading or firing explosives shall comply with all current regulations
of the Workers' Compensation Board.
18.
A permit issued pursuant to the provisions of this Bylaw shall
be substantially in the form shown as Schedule "A" hereto, which Schedule
is attached to and forms part of this Bylaw, and shall terminate on ·the
date specified in such permit . No permit shall be valid for a longer
period than fourteen (14) calendar days from the date issued.
19.
Every person who violates any provision of this Bylaw shall be
guilty of an offence and shall be liable on summary conviction therefor
to a penalty not exceeding the sum of Two Thousand Dollars ($2,000.00)
or six (6) months' imprisonment, or both.
20.
If any section, subsection or clause of this bylaw shall be
held invalid by a Court of competent jurisdiction, such section,
subsection or clause shall be severed, and such decision shall not affect
the remainder of this bylaw.
21.
Village of Lions Bay Blasting Bylaw No. 14, 1972 is hereby
repealed.
SCHEDULE "A"
BYLAW NO. 170 , 1988
VILLAGE OF LIONS BAY
BLASTING PERMIT
No. ____________________________________
Date of Issue: _________________________
Insurance Policy No. ___________________
Policy Expiry Date: ___________________
This permit authorizes:
(Address)
to blast on those lands at (address)
known as (legal description)
in accordance with geotechnical report of
for a period of not more than fourteen (14) calendar days from (date of
issue) in accordance with the provisions of "Village
of Lions Bay Blasting Bylaw No.___________ , 1988."
Note:
This
permit
is
subject
to
cancellation without notice for any
violations of the provisions of the
bylaw.
VILLAGE OF LIONS BAY
Permit expires: _______________________ By: _____________________