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DISTRICT OF PORT HARDY
BYLAW NO. 05-2010
CONSOLIDATED FEBRUARY 2020
A BYLAW TO REGULATE THE POSSESSION
AND DISCHARGE OF FIREWORKS
WHEREAS it is deemed advisable that the District of Port Hardy establishes regulation for the
possession and discharge of fireworks;
THEREFORE, the Council of the District of Port Hardy, in open meeting assembled, enacts as
follows:
1. TITLE
This Bylaw may be cited for all purposes as "Fireworks Regulation Bylaw No. 05-2010".
2. INTERPRETATION
In this Bylaw:
"Act" means the Explosives Act, Revised Statutes of Canada, 1985 and the Regulations
enacted thereunder as amended from time to time or any Act and Regulations enacted in
substitution therefor;
"Certification Card" means documented proof of the completion of either the Fireworks
Supervisory Level 1 or 2 training course conducted by the Explosives Regulatory Division;
"Consumer Firework" means an outdoor, low hazard, recreational firework that is classed as
a subdivision 1 of Division 2 of Class 7 Fireworks under the Act and includes fireworks
showers, fountains, golden rain, lawn lights, pin wheels and volcanoes but does not include
Roman candles, Noise Makers, Christmas crackers, sparklers and caps for toy guns;
"Consumer Fireworks Event" means the observance or celebration of a special event or
festival where a permit has been issued to allow the discharge of consumer fireworks;
"Discharge" means to fire, ignite, explode or set off or cause to be fire, ignited, exploded or
set off and the words "discharged" and "discharging" have a similar meaning;
"Display Firework" means an outdoor, high hazard, recreational firework that is classed as a
subdivision 2 of Division 2 of Class 7 Fireworks under the Act and includes rockets,
serpents, shells, bombshells, tourbillions, maroons, large wheels, bouquets, bombardos,
waterfalls, fountains, batteries, illumination, set pieces and pigeons but does not include
firecrackers;
"Display Fireworks Event" means the observance or celebration of a special event or festival
where a permit has been issued to allow the discharge of display fireworks;
"District" means the District of Port Hardy;
District of Port Hardy Consolidated Fireworks Regulation Bylaw No. 05-2010
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"Explosives Regulatory Division" means the Explosives Regulatory Division of the
Explosives Branch of the Minerals and Metals Sector of Natural Resources Canada;
"Federal Regulations" means the Explosives Regulations enacted under the Explosives Act
and any amendments thereto;
"Fire Chief" means a person appointed by the Council to be in charge of the Fire
Department or authorized subordinates;
"Firecracker" means a pyrotechnic device that explodes when ignited and does not make
any subsequent display or visible effect after the explosion and includes those devices
commonly known as Chinese firecrackers;
"Fire Safety Plan" means a plan dealing with the procedures for a permit holder to follow to
protect public safety when discharging pyrotechnic special effects fireworks, which meets
the requirements specified by the Fire Chief;
"Fireworks" means consumer fireworks, display fireworks and pyrotechnic special effects
fireworks;
"Fireworks Supervisor" means a person who is an approved purchaser of display fireworks
and who is qualified under the Act to supervise the discharge of display fireworks;
"Insurance Requirements" means the liability insurance requirements in the form prescribed
by the District from time to time;
"Peace Officer" means a person employed as Fire Chief by the Fire Department of the
District or any person employed by the District as a Bylaw Enforcement Officer or any
member of the Royal Canadian Mounted Police;
"Permit" means a current and valid permit, in the form prescribed by the District from time to
time, specifying and authorizing a person to discharge consumer fireworks or display
fireworks;
"Prohibited Firework" includes but is not limited to Roman candles, Noise Makers, after-
market modified fireworks, cigarette loads or pings, exploding matches, sparkling matches,
ammunition for miniature tie clip, cufflink or key chain pistols, auto alarms or jokers, cherry
bombs, M-80 and silver salutes and flash crackers, throw down torpedoes and crackling
balls, exploding golf balls, stink bombs and smoke bombs, tear gas pens and launchers,
party peppers and table bombs, table rockets and battle sky rockets, fake firecrackers and
other trick devices or practical jokes as included on the most recent list of prohibited
fireworks as published from time to time under the Act;
"Pyrotechnician" means a person who is certified under the Act as a Theatrical User, an
Assistant, A Pyrotechnician or a Special Effects Pyrotechncian and is qualified to purchase
and supervise the display of pyrotechnic special effect fireworks under the Act;
"Pyrotechnics Permit" means a current and valid permit in the form prescribed by the District
from time to time, specifying and authorizing a person to discharge pyrotechnic special
effect fireworks;
District of Port Hardy Consolidated Fireworks Regulation Bylaw No. 05-2010
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"Pyrotechnic Special Effects Firework" means a high hazard firework that is classed as a
subdivision 5 of Division 2 of Class 7 Firework under the Act and that is used to produce a
special pyrotechnic effect for indoor or outdoor performances and includes black powder
bombs, bullet effect, flash powder, air bursts, smoke compositions, gerbs, lances and
wheels;
"Pyrotechnic Special Effects Fireworks Event" means an event or production, generally for
the entertainment industry, where a pyrotechnics permit has been issued to allow the
discharge of pyrotechnics special effects fireworks;
"Sell" includes offer for sale, cause or permit to be sold, trade, or to otherwise dispose of
and to possess for the purpose of sale and the words "selling" and "sold" have a similar
meaning; and
3. PROHIBITIONS:
a) No person may buy, sell, hold, possess, store, discharge or otherwise use any prohibited
fireworks.
b) No person may buy, sell, hold, possess, store, discharge or otherwise use firecrackers.
c) No person may hold, possess, store, discharge or otherwise use consumer fireworks or
display fireworks without a permit.
d) No person may discharge consumer fireworks except on October 31st of each year
between 5:00 p.m. and 10:00 p.m. or through exceptional circumstances as approved by
the Chief Administrative Officer or his designate.
e) No consumer fireworks or display fireworks permit holder may hold, possess, store,
discharge or otherwise use consumer fireworks or display fireworks in contravention of a
permit.
f) No person may hold, possess, store, discharge or otherwise use fireworks in a manner
that increases the risk of physical injury to any person or damage to any public or private
property.
g) No person under the age of nineteen (19) years may hold, possess, store, discharge or
otherwise use any fireworks.
h) No person being the parent or guardian of any person under the age of nineteen (19)
years shall allow that person to hold, possess, store, discharge or otherwise use any
fireworks.
i)
No person may hold, possess, store, discharge or otherwise use pyrotechnic special
effects fireworks without a pyrotechnics permit.
j) No pyrotechnics permit holder may hold, possess, store, discharge or otherwise use the
pyrotechnic special effect fireworks in contravention of a pyrotechnics permit.
District of Port Hardy Consolidated Fireworks Regulation Bylaw No. 05-2010
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4. PERMITS FOR CONSUMER FIREWORKS OR DISPLAY FIREWORKS
4.1 Consumer Fireworks:
a) Any person nineteen (19) years of age or older, before discharging consumer fireworks,
must apply for and receive a permit.
b) Permit applications for consumer fireworks events must be submitted to the District no
later than 12:00 noon on October 31st and, if October 31st falls on a day other than a
business day, no later than 12:00 noon of the last business day prior to October 31st.
c) In the case of a consumer fireworks event deemed by Council to be an exceptional
circumstance as stated by policy, the required consumer fireworks permit application must
be submitted no later than thirty (30) days prior to the date upon which the consumer
fireworks event is to occur.
e) All permit applications must include:
i) a completed Application for Permit in the form prescribed by the District from time to
time;
ii) if the consumer fireworks event is to occur on property that is not owned by the applicant
or is on property owned or controlled by the District, a written agreement of the property
owner in the form prescribed by the District from time to time;
iii) if the consumer fireworks event is being organized or sponsored by any person other
than the applicant, a written agreement of such person in the form prescribed by the
District from time to time;
f) The District will consider all permit applications and issue a permit to the applicant if:
i) in the case of municipal property, the property upon which the consumer fireworks
event is to occur is available for such use on the date and time set out in the application;
ii) the consumer fireworks event will not, in the opinion of the District, create a public safety
risk to public or private property;
iii) the applicant has submitted to the District the items described in section 4.1 (e) and
any additional information in relation to the consumer fireworks event that the District
may reasonably require to determine whether the consumer fireworks event will create
a public safety risk or risk to public or private property.
4.2 Display Fireworks:
a) Any person nineteen (19) years of age or older, before discharging display fireworks, must
apply for and receive a permit.
b) Permit applications for display fireworks events must be submitted to the District at least
thirty (30) days prior to the date upon which the display fireworks event is to occur.
c) All permit applications must include:
i) a completed Application for Permit in the form prescribed by the District from time to
time;
S. 4 Amended:
Bylaw 1103-2020
District of Port Hardy Consolidated Fireworks Regulation Bylaw No. 05-2010
5
ii) if the display fireworks event is to occur on property that is not owned by the applicant
or is on property owned or controlled by the District, a written agreement of the
property owner in the form prescribed by the District from time to time;
iii) if the or display fireworks event is being organized or sponsored by any person other
than the applicant, a written agreement of such person in the form prescribed by the
District from time to time;
iv) evidence that the applicant is a Certification Card holder.
d) The District will consider all permit applications and issue a permit to the applicant if:
i)
in the case of municipal property, the property upon which the display fireworks event
is to occur is available for such use on the date and time set out in the application;
ii)
the display fireworks event will not, in the opinion of the District, create a public safety
risk to public or private property;
iii) the applicant has submitted to the District the items described in section 4.2 (c) and
any additional information in relation to the display fireworks event that the District
may reasonably require to determine whether the display fireworks event will create
a public safety risk or risk to public or private property; and
iv) the applicant has submitted to the District a site plan including firing location and
limiting distance set out in the Act, and a copy of the applicant's insurance policy that
meets the insurance requirements listed in Schedule "A".
5. PYROTECHNICS PERMITS FOR PYROTECHNIC SPECIAL EFFECTS FIREWORKS
a) Permit applications for pyrotechnic special effects fireworks events must be submitted to
the District at least thirty (30) days prior to the date upon which the pyrotechnic special
effects fireworks event is to occur.
b) The District may issue a pyrotechnics permit to discharge pyrotechnic special effects
fireworks to a person who is over the age of nineteen (19) years provided that the
applicant meets all the requirements of this bylaw and submits:
i) a completed Application for Pyrotechnics Permit in the form prescribed by the District
from time to time;
ii) a copy of the Explosive Regulatory Division event approval;
iii) a fire safety plan approved by the Fire Chief after the Fire Chief has visited the
location for the pyrotechnics special effects fireworks event and determined the
amount of fire protection required;
iv) if the pyrotechnic special effects fireworks event is to occur on property that is not
owned by the applicant or is on property owned or controlled by the District, a written
agreement of the property owner in the form prescribed by the District from time to
time;
District of Port Hardy Consolidated Fireworks Regulation Bylaw No. 05-2010
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v) if the pyrotechnic special effects fireworks event is being organized or sponsored by
any person other than the applicant, a written agreement of such person in the form
prescribed by the District from time to time;
vi) site plan, drawn to scale, with the direction of firing, separation distances, position of
ramps and mortars, any significant ground features, rights of way, buildings or
structures, overhead obstructions, parking areas or spectator viewing areas, fallout
zone, north arrow, traffic control plans and location of emergency vehicles indicated;
vii) an event description, which should include a time schedule of the event, attendance
estimates, lists of fireworks or explosives or flammable and/or combustible products
to be used, firing procedures, emergency response procedures and a list of crew
members;
viii) a valid permit if consumer fireworks or display fireworks are used in the pyrotechnics
special effects fireworks event; and
ix) proof acceptable to the District that the applicant holds either a valid Level 1
Certification Card or, for unconventional sites as defined by the Explosives
Regulatory Division, a valid Level 2 Certification Card, issued by the Explosives
Regulatory Division.
c) Every pyrotechnics permit issued must:
i) specify the fireworks that the pyrotechnics permit holder are authorized to discharge;
ii) specify the day and the hours on which, and the description of the property or place,
where the fireworks may be discharged;
iii) include a copy of the applicant's insurance policy that meets the insurance
requirements listed in Schedule "A".
6. PYROTECHNIC SPECIAL EFFECTS FIREWORKS - COST RECOVERY CHARGES:
The District may recover all costs and expenses it incurs incidental to the provision of any
fire protection services for a pyrotechnics event, jointly and severally from any person who at
the time had the charge, management or control of the building or premises where the
pyrotechnics special effects fireworks event occurred. If that person fails to pay those costs
and expenses within six (6) months after they are incurred, the District may recover those
costs and expenses from the owner of the real property by direct invoice, together with
interest at the rate set out in the Community Charter. Default on those costs, expenses and
interest, when they relate to fire protection for real property, will result in the amount being
added to the property taxes of the owner of the real property.
7. ENFORCEMENT
a) No person shall obstruct a Peace Officer or any other designated person engaged in the
administration or enforcement of this bylaw.
b) Every person who contravenes a provision of this Bylaw commits an offence and each
day that the violation is caused or allowed to continue constitutes a separate offence.
District of Port Hardy Consolidated Fireworks Regulation Bylaw No. 05-2010
7
c) Any person guilty of an infraction of this bylaw is liable on summary conviction, to a fine
of not less than $100.00 and not more than $10,000.00 or imprisonment not exceeding
the maximum allowed by the Offence Act.
d) A Peace Officer may rescind a permit if:
i) the permit holder or pyrotechnics permit holder fails to comply with any term or
condition of the permit or pyrotechnics permit without the prior written consent of the
District; or
ii) the permit holder or pyrotechnics permit holder violates or breaches any of the
provisions of this bylaw; or
iii) circumstances arising or ascertained after the permit or pyrotechnics permit was
issued demonstrate that a public safety risk to public or private property exists in
connection with the fireworks event; or
iv) the District determines that the permit holder or pyrotechnics permit holder submitted
false or inaccurate information in his or her permit or pyrotechnics permit application.
e) Every person who possesses or discharges fireworks contrary to the provisions of this
bylaw commits an offence and shall, when directed to do so, surrender all fireworks in
their immediate possession to a Peace Officer who shall be authorized to search and
seize and hold all such firecrackers or fireworks in the interest of public safety and as
evidence of the commission of the offence.
f) Fireworks seized under this bylaw may be disposed of without compensation.
8. EXEMPTION
This bylaw does not prohibit or regulate the use of torpedoes, flares, fuzzes or similar
pyrotechnic devices by motorists, boat operators, railroads, police or other agencies for
signalling purposes or illumination.
9. VALIDITY OF BYLAW
If a court of competent jurisdiction declares any portion of this bylaw invalid, then the invalid
portion must be severed and the remainder of the bylaw is deemed valid.
Schedule "A" attached to this bylaw forms part of this bylaw.
10. REPEAL
District of Port Hardy "Fireworks Regulation Bylaw No. 963, 1997" is hereby repealed.
Read a first time the 8th day of June, 2010.
Read a second time the 8th day of June, 2010.
Read a third time the 8th day of June, 2010.
Adopted the 22nd day of June, 2010.
District of Port Hardy Consolidated Fireworks Regulation Bylaw No. 05-2010
8
Original signed by:
____________________________
___________________________
Director of Corporate Services
Mayor
Certified to be a true copy of
Fireworks Regulation Bylaw 05-2010.
_________________________
Director of Corporate Services
District of Port Hardy Consolidated Fireworks Regulation Bylaw No. 05-2010
9
SCHEDULE "A"
Insurance Requirements
A display fireworks permit holder or a pyrotechnics permit holder shall, at his or her own
expense, for the duration of the fireworks event or pyrotechnic special effects fireworks event,
secure and maintain a comprehensive general liability insurance policy with an inclusive limit of
not less than $3,000,000 per occurrence for bodily injury and property damage.
1. The Comprehensive General Liability insurance policy shall:
a) include all premises and operations necessary or incidental to the fireworks event or
pyrotechnic special effects fireworks event;
b) include the municipality, its elected officials, officers, agents and employees and
contractors acting on behalf of the municipality, as additional insured;
c) be primary and non-contributing with respect to any insurance carried by the
municipality;
d) not include a deductible greater than $5,000.00 per occurrence (unless the municipality
advises in writing that it has determined that a greater deductible is acceptable);
e) include a provision requiring the insurer to give the municipality fourteen (14) days prior
written notice before making any material change to the insurance coverage or the
termination or cancellation thereof;
f) provide that the municipality, its elected officials, officers, agents and employees and
contractors acting on behalf of the municipality are protected notwithstanding any act,
neglect or misrepresentation of the display fireworks permit holder or the pyrotechnics
permit holder which might otherwise result in the avoidance of a claim and that such
policy is not affected or invalidated by any act, omission or negligence of of any third
party which is not within the knowledge or control of the insured; and
g) be underwritten by a responsible insurance company or companies licensed to do
business in the Province of British Columbia and that meet with the reasonable approval
of the municipality.
2. Twenty-one (21) days prior to the fireworks event or pyrotechnic special effects fireworks
event and upon the municipality's written request from time to time, the display fireworks
permit holder or pyrotechnics permit holder shall furnish the municipality with a certificate or
certificates of insurance as evidence that the required insurance is in force.
3. Maintenance of the insurance required herein and the performance by the display fireworks
permit holder or pyrotechnics permit holder of his or her obligations under this clause shall
not relieve the display fireworks permit holder or pyrotechnics permit holder from liability
under any covenant to indemnify the municipality.
4. It shall be the sole responsibility of the display fireworks permit holder or pyrotechnics permit
holder to determine his or her own additional insurance coverages, if any, including workers'
compensation, that are necessary and advisable for his or her own protection or to fulfil his
District of Port Hardy Consolidated Fireworks Regulation Bylaw No. 05-2010
10
or her obligations with respect to the fireworks event or pyrotechnic special effects fireworks
event. Any such additional insurance shall be secured and maintained by the display
fireworks permit holder or pyrotechnics permit holder at his or her own expense.
5. The foregoing insurance provisions shall not limit the insurance the display fireworks permit
holder or pyrotechnics permit holder is required to secure and maintain by Provincial or
Federal law.
6. If the display fireworks permit holder or pyrotechnics permit holder fails to secure or maintain
insurance as required herein, then the municipality shall have the right, but not the duty or
obligation, to secure and maintain such insurance and give evidence thereof to the display
fireworks permit holder or pyrotechnics permit holder. The display fireworks permit holder or
pyrotechnics permit holder shall pay the cost thereof to the municipality on demand or the
municipality may deduct such cost from any amount that is due or may become due to the
display fireworks permit holder or pyrotechnics permit holder from the municipality.