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Corporation of the Township of
Algonquin Highlands
By-Law 2025-17
Being a By-Law to Prohibit and Regulate the Sale and Setting Off of Fireworks
within the Corporation of the Township of Algonquin Highlands
Whereas Council acknowledges that fireworks have the potential to pollute air and
water, negatively impact wildlife in the vicinity and diminish quality of life for some
residents;
And Whereas Council wishes to take action to mitigate the risk to human, animal and
environmental health;
And Whereas Section 9 of the Municipal Act, 2001, S.O. 2001, c.M.25, as amended,
provides that a municipality has the capacity, rights, powers and privileges of a natural
person for the purpose of exercising its authority;
And Whereas Section 121 (a) of the Municipal Act, 2001, S.O. 2001, c.25 provides
that the Council may prohibit and regulate the sale of fireworks and the setting off of
fireworks;
And Whereas Section 121 (b) of the Municipal Act, 2001, S.O. 200, c.25 provides that
the Council may prohibit the activities described in Section 121 (a), above, unless a
permit is obtained from the municipality for those activities and may impose conditions
for obtaining, continuing to hold and renewing the permit, including requiring the
submission of plans;
And Whereas Section 425 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
a municipality may pass by-laws providing that a person who contravenes a by-law of
the municipality passed under this Act is guilty of an offence;
And Whereas Section 426 of the Act prohibits a person from hindering or obstructing,
or attempt to hinder or obstruct, any person who is exercising a power or performing a
duty under the Act or a by-law under the Act;
And Whereas Section 429 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
provides that a municipality may establish a system of fines for offences under a by-
law of the municipality passed under this Act;
And Whereas, Section 434.1 of the Municipal Act, 2001, S.O. 200, c. 25 and
amendments thereto enables the Councils of local municipalities to establish a system
of administrative penalties for contraventions of municipal by-laws;
And Whereas Section 434.2 establishes an administrative penalty constitutes a debt
of the person which may be added to the tax roll;
And Whereas Section 436 of the Municipal Act, 2001 S.O. 2001, c.25, as amended,
provides that a municipality may pass by-laws providing that the municipality may enter
on land at any reasonable time for the purpose of carrying out inspections to determine
compliance with a by-law, or an order made under a by-law, or court order made under
Section 431 of the Municipal Act, 2001 S.O. 2001, c.25, as amended;
Now Therefore the Council of the Corporation of the Township of Algonquin Highlands
hereby enacts as follows:
Section 1 - Short Title
1.1
The short title of this by-law is the "Fireworks By-law".
Section 2 - Definitions
2.1
Act: means the Explosives Act, Revised Statutes of Canada, 1985, Chapter E-
17, and the Regulations enacted thereunder as amended from time to time or
any Act and Regulations enacted in substitutions, therefore.
2.2
Administrative Monetary Penalty System: means a monetary penalty
imposed for a contravention of a Designated By-law and as set out in
Township's Administrative Monetary Penalty System (AMPS) By-law, as
amended.
2.3
Consumer Fireworks: means an outdoor, low hazard, firework that is designed
for recreational use. They include items like Roman candles, sparklers,
fountains, multi-shot cakes, volcanoes, mines, and snakes.
2.4
Council: means the Council of The Corporation of the Township of Algonquin
Highlands.
2.5
Display Fireworks: means an outdoor, high hazard, firework that is designed
for professional use only. They include items like aerial shells, cakes, Roman
candles, waterfalls, lances, and wheels. Display fireworks are strictly regulated
by federal law.
2.6
Fire Ban: A temporary measure put in place by the Township or Ministry of
Natural Resources and Forestry (MNRF) to restrict open air fires. This measure
is put into place in order to help prevent human caused fires.
2.7
Fireworks: means Consumer Fireworks, Display Fireworks, and Pyrotechnic
Special Effects Fireworks.
2.8
Flying Lantern: also known as Sky Lantern, Chinese Lantern, Kongming
Lantern or Wish Lantern, means a small hot air balloon or similar device made of
treated paper or any other material, with an opening at the bottom, which is
propelled by an open flame generated by a small candle or fuel cell, allowing the
balloon or similar device to rise and float in the air, uncontrollably, while ignited.
2.9
Officer: means a person appointed by Council as a Municipal Law Enforcement
Officer, or a Police Officer, Fire Chief or other individual duly appointed to
enforce this By-law.
2.10 Person: means and shall include an individual human being, an individual
company, partnership, corporation or limited company.
2.11 Permit: means written permission to hold a Display Fireworks issued by the
Township pursuant to this By-law and signed by the Fire Chief.
2.12 Premises: means a piece of land and any buildings and structures on it, and
includes a place, business, road, or any other location.
2.13 Pyrotechnics: are high-hazard and designed for professional use. They include
items like mines, comets, and crossette fireworks, as well as special-purpose
pyrotechnics made for live stage performances and the film and television
industry. Pyrotechnics are strictly regulated by federal law.
2.14 Setting Off: means to fire, discharge, ignite or explode or cause to fire,
discharge, ignite or explode.
2.15 Vendor: also known as a supplier, is an individual or company that sells goods
or services to someone else in exchange for money.
2.16 Weekend: the period from Friday evening through Sunday evening, generally
regarded as a time for leisure.
Section 3 - General Prohibitions
3.1
Flying Lanterns: No Person shall offer for sale, ignite, release or set off into the
air an ignited Flying Lantern within the Township of Algonquin Highlands.
3.2
No person shall set off any Fireworks or cause or permit any fireworks to be set
off except as provided for in this By-law.
3.3
No person shall set off any Fireworks when there is a Fire Ban in effect.
Section 4 - Setting off Fireworks
4.1
No person shall set off, permit or cause to be set off Consumer Fireworks and/or
Display Fireworks within the Township of Algonquin Highlands at any time
except as follows:
a) Canada Day - between 8:00 p.m. and 11:00 p.m.
i.
When Canada Day falls on Monday or Tuesday, permitted use is on the
weekend prior and on the holiday.
ii.
When Canada Day falls on Wednesday, permitted use is the holiday and
the weekend prior or the weekend following.
iii.
When Canada Day falls on Thursday, permitted use is the weekend
following and on the holiday.
iv.
When Canada Day falls on a weekend, permitted use is on the weekend
it falls.
4.2
No person shall set off any Fireworks in, on or onto any building, highway,
sidewalk, Township Park or Township property, unless written approval has
been first obtained by the Fire Chief.
4.3
Every person shall only set off fireworks in their intended manner and according
to the manufacturer's instructions.
4.4
Property damage or injury as a result of the discharge of Fireworks shall be the
responsibility of the person, property owner, and/or organization setting off the
Fireworks.
4.5
No person shall set off, permit or cause to be set off any Display Fireworks
unless they have received a permit as outline in Section 6 and has been issued
by the Fire Chief or designate of The Corporation of the Township of Algonquin
Highlands.
Section 5 - Vendor Selling Consumer Fireworks - Posted Conspicuous Place
5.1
Every Vendor selling Fireworks within the Municipality must post a Notice of
Regulations as provided by the Municipality in a conspicuous place upon the
premises, near where the Fireworks are sold.
Section 6 - Permits for Display Fireworks
6.1
Only persons who hold a valid Display Supervisor certificate, issued by the
Explosives Regulatory Division (ERD) of Natural Resources Canada are eligible
to apply for a permit to set off Display Fireworks or Pyrotechnic Special Effects.
6.2
A permit may be issued by the Fire Chief or designate on any land if the
regulation requirements listed in section 5 of the Act are met.
6.3
An application package as prescribed under the Act must be submitted to the
Fire Chief or designate, together with the application fee paid in full as set out in
the Municipal Fees By-law as may be amended from time to time.
6.4
The application package shall contain at a minimum, the following requirements
as found in the Natural Resources Canada (NRCAN) Fireworks Display Manual:
a) Section 3.7 Basic requirements for event approval
b) Section 3.8 Site plan, event description and special circumstances
c) Section 3.10 Display fireworks event approval form
6.5
The completed application must be submitted no less than thirty (30) business
days prior to the proposed event.
6.6
Filed with the application form shall be a Certificate of Liability Insurance
certifying the permit being applied for is insured against general liability and
property damage claims, in the minimum amount of Five Million Dollars
($5,000,000.00) inclusive for any one occurrence. Said policy shall name The
Corporation of the Township of Algonquin Highlands, as an additional insured.
The policy shall be endorsed to provide that the policy will not be altered,
cancelled or allowed to lapse without ten (10) days' prior written notice to the
Corporation.
6.7
Notwithstanding the foregoing sections, the Fire Chief or designate may require
any additional information of the applicant to ensure the public's safety and may
impose additional conditions on the issuance of a Permit as they deem
advisable in the particular circumstances of the application.
6.8
The fireworks shall only be set off by a person currently certified as a Fireworks
Supervisor Level I or Level II by the Explosion Regulatory Division of the Natural
Resources of Canada.
6.9
The Fireworks shall only be set off on the day or days specified by the Permit in
accordance with section 4.1(a) of this By-law.
6.10 The Permit may be suspended or revoked by the Fire Chief or designate if the
conditions of the permit are not being met or it would be unsafe to allow the
Public Fireworks Display.
6.11 Property damage or injury as a result of Display Fireworks shall be the
responsibility of the person setting off the Fireworks.
Section 7 - Powers of Entry
7.1
An Officer may enter on land at any reasonable time for the purpose of carrying
out an inspection to determine compliance with this By-law.
Section 8 - Administration and Enforcement Provisions
8.1
This By-law shall be administered by the Fire Chief or designate.
8.2
This By-law shall be enforced by an Officer.
Section 9 - Administrative Monetary Penalties
9.1
Every Person who contravenes a provision of this By-law shall upon the issuing
of a Penalty Notice under Township's Administrative Monetary System By-law,
as amended is liable to pay the Township an Administrative Monetary Penalty.
Section 10 - Offence & Penalty Provisions
10.1 Every person who contravenes any provision of this By-law is guilty of an
offence and on conviction is liable to a fine as provided for in the Provincial
Offences Act R.S.O. 1990, c. P. 33, as amended.
10.2 No person shall hinder or obstruct, or attempt to hinder or obstruct, an Officer or
other duly appointed person who is exercising a power or performing a duty
under this By-law.
10.3 If this By-law is contravened and a conviction entered, the court in which the
conviction has been entered and any court of competent jurisdiction thereafter
may, in addition to any other remedy and to any penalty that is imposed, make
an order prohibiting the continuation or repetition of the offence by the person
convicted.
Section 11 - Severability
11.1 If a court of competent jurisdiction should declare any section or part of a section
of this By-law to be invalid, such section or part of a section shall not be
construed as having persuaded or influenced Council to pass the remainder of
the By-law and it is hereby declared that the remainder of the By-law shall be
valid and shall remain in force.
Section 12 - Implementation
12.1 This By-law shall come into full force and effect after adoption.
Section 13 - Repeal
13.1 That By-law 2020-72 is hereby repealed.
Read a First, second and third time and finally passed, this 20 day of February 2025.
______________________________________
Mayor Liz Danielsen
_______________________________
Deputy CAO/Clerk Dawn Newhook
The Corporation of the Township of Algonquin Highlands
PART 1 Provincial Offences Act
Schedule "A" By-law 2025-17 Fireworks By-law
ITEM
COLUMN 1
Short Form Wording
COLUMN 2
Provision Creating
or Defining
Offence
COLUMN 3
Set Fine
1.
Offer for sale, ignite, release or set off
an ignited Flying Lantern
Section 3.1
$500
2.
Cause or permit Fireworks to be set off
during a Fire Ban
Section 3.3
$500
3.
Cause or permit Consumer Fireworks,
Display Fireworks to be set off during
prohibited days
Section 4.1
$500
4.
Cause or permit Display Fireworks to
be set off without a valid Permit
Section 4.5
$500
5.
Vendor failed to post Notice of
Regulations
Section 5.1
$500
6.
Obstruct or hinder an Officer
Section 10.2
$500
"NOTE: The penalty provision for the offences indicated above is section 10.1 of the By-
law no. 2025-17, a certified copy of which has been filed".