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DISTRICT OF NORTH SAANICH
A BYLAW TO REGULATE FIREARMS WITHIN THE DISTRICT OF NORTH SAANICH
Under its statutory powers, including paragraph 8 (3) (e) and subsection 8 (5) of the Community
Charter, the Council of the District of North $aanich, in open meeting assembled, enacts as follows:
CITATION
This Bylaw may be known and cited for all purposes as "North $aanich Firearms Bylaw No.
1392".
DEFINITIONS
2.
In this bylaw:
Bow includes a long bow, recurve bow, composite bow, or crossbow.
Firearm includes any barreled weapon using as a propellant, compressed air, explosives, or
gas from which any shot, bullet, or other projectile can be discharged but does not include a
starting pistol in connection with an athletic or sporting event where blank ammunition is
used, in accordance with the Firearms Act, as amended, and the Criminal Code of Canada, as
amended.
District means the District of North $aanich.
Enforcement Officer means a person employed by the District of North $aanich as a Bylaw
Enforcement Officer or any member of the Sidney/North Saanich RCMP.
OIC means the Officer in Charge of the Sidney/North $aanich RCMP.
EXEMPTIONS
3.
This Bylaw, does not apply to:
(a) a peace officer, a conservation officer under the Wildlife Act, an enforcement officer of the
Department of Fisheries and Oceans, an employee of the Canadian Wildlife service, or a
person appointed to enforce the District's Animal Control Bylaw, when engaged in the
lawful performance of their duties;
O) land located in the Agricultural Land Reserve where a firearm or bow is discharged for the
purpose of:
(i)
the protection of agricultural crops, livestock, or domestic animals from wildlife; or
(ii)
the humane destruction of livestock;
(c)
1353 McTavish Road, North $aanich, BC provided the firearm or bow is discharged in
association with activities supervised by the North $aanich Rod & Gun Club;
Bylaw
1392
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(d) An employee of the Victoria International Airport authorized by the Airport Manager to
discharge a shotgun inside the Airport fence for the sole purpose of scaring birds deemed
to be a hazard to aircraft operations;
(e) Members of the Armed Services of Canada lawfully engaged in practice shooting upon a
properly constructed rifle range, or lawfully engaged in drill exercises or manoeuvres;
(f)
Land owners or their delegated representatives who are suffering damage or danger from
geese that have lawfully obtained a permit under the Migratory Birds Regulations may
kill up to 10 Canada Geese per day on their land: and
(g) The Animal Control Officer, duly appointed for the District of North Saanich from time to
time, provided:
(i)
the firearm is used for destroying an injured animal where in the
opinion of the Animal Control Officer and one other person, this
action is necessary to prevent further suffering; or
(ii)
the firearm is used for killing a dog or dogs running at large and
attacking or viciously pursuing a person or domestic animal; and
(iii)
the use of the firearm is consistent with the Firearms Act, the Wildlife
Act and the Criminal Code of Canada, regarding the possession and
use of firearms.
GENERAL REGULATIONS
4.
No person shall discharge a firearm or bow except under the authority of a permit issued by the
Sidney/North Saanich RCMP in accordance with this Bylaw.
ISSUANCE OF PERMITS
5.
The OIC may issue a permit on terms related to the safety and convenience of the public that
the OIC or their designate consider reasonable to:
(a) a person who is the owner, or who is acting under the authority of the owner, of land, or
two or more contiguous parcels of land, having an area, or combined area, equal to or
greater than 2 hectares (5 acres), where the
discharge of the firearm or bow is for the
purposes of:
(i)
the protection of agricultural crops, livestock, or domestic animals from wildlife; or
(ii)
the humane destruction of livestock; or
O) a person who is the owner, or who is acting under the authority ofthe owner, ofland located
in the District, upon which that person is discharging blank rounds with a firearm in order
to protect agricultural crops, livestock, or domestic animals from wildlife.
PERMIT APPLICATIONS
6.
An application for a permit, made to the OIC, shall be in the form prescribed for that purpose,
and shall be accompanied by:
(a) an application fee of $25.00; and
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(b) where the application is for the discharge of a firearm, evidence of a valid Firearm
Possession and Acquisition Licence.
PERMIT CONDITIONS
7.
In addition to any terms and conditions imposed pursuant to Section 5 of this Bylaw, it shall
be a condition of every permit that:
(a) no firearm may be discharged within 100 metres of a District park, trail or walkway,
highway, place of business, church, school building, school yard or playground, dwelling
house, farm building occupied by persons or animals, regional district park or any other
place at or in which persons are assembled, except as specifically authorized by a permit;
(b) no bow may be discharged within 100 metres of a District park, trail or walkway, highway,
place of business church, school building, school yard or playground, dwelling house, farm
building occupied by persons or animals, or regional district park, or any other place at or
in which persons are assembled, except as specifically authorized by a permit;
(c) the permit expires not more than one year from the date of its issuance; and
(d) any other condition(s) deemed appropriate by the OIC.
GENERAL
8.
Nothing contained in or permitted in this Bylaw shall abrogate or relieve any obligation of any
person pursuant to any applicable provincial or federal act or regulation with regard to the
discharge of firearms.
ENFORCEMENT
9.
No person shall obstruct an Enforcement Officer in the administration or enforcement of this
Bylaw.
10.
Every person who violates any of the provisions of this bylaw or who suffers or permits any act
or thing to be done in contravention or in violation of any of the provisions of this bylaw, who
neglects to do or refrains from doing anything required to be done by any of the provisions of
this bylaw or who does any act which violates any of the provisions of this bylaw, is guilty of
an offence against this bylaw and liable to the penalties hereby imposed.
1 1.
Each day that a violation continues to exist shall constitute a separate offence.
12.
Every person who commits an offence against this bylaw is liable to a fine and penalty of not
more than $10,000.00 and not less than $500.00 for each offence, and in default of payment
thereof, forthwith or within such time as the presiding Provincial Court Judge of the Peace
shall direct the fine imposed shall be recoverable under the provisions of the Offence Act
R.S.B.C. 1996, Chapter 338 and all amendments.
SEVERABILITY
13.
If a court of competent jurisdiction should declare any section or part of a section of this bylaw
to be invalid, such declaration shall not affect the validity of the remainder of this bylaw all of
which shall remain valid and in force.
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REPEAL
14.
Bylaw No. 846 and all amendments are hereby repealed.
READ A FIRST TIME the 20th day of June, 2016
READ A SECOND TIME the 20th day of June, 2016
AMENDED AT SECOND READING the 18th day ofJuly, 2016
READ A THIRD TIME the 18th day of July, 2016
FINALLY ADOPTED the 15th day ofAugust, 2016
MAYOR
COFFR