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Office Consolidation - Fireworks By-law 243-2022 - Page 1 of 8
THE CORPORATION OF THE CITY OF BRAMPTON
OFFICE CONSOLIDATION
Fireworks By-law 243-2022
To regulate and prohibit the sale and discharge of fireworks, to provide for the
issuance of permits for the discharge of fireworks, to repeal By-law 163-2016
and to amend By-law 218-2019 (Administrative Penalties -Non-Parking)
(Amended by By-law 198-2023)
WHEREAS section 121 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that a local municipality may prohibit and regulate the sale and
possession of fireworks and the setting off of fireworks, and further that a by-law may
prohibit those activities unless a permit is obtained from the municipality that may
impose conditions for obtaining, continuing to hold and renewing the permit,
including requiring the submission of plans;
AND WHEREAS sections 23.1 and 23.2 of the Municipal Act, 2001, S.O. 2001, c.
25, as amended, authorizes a municipality to delegate certain powers and duties;
AND WHEREAS section 7.1(1) of the Fire Protection and Prevention Act, 1997,
S.O. 1997, c. 4, as amended, provides that the council of a municipality may pass by-
laws regulating fire prevention, including the prevention of the spreading of fires;
AND WHEREAS it is the opinion of the Council of The Corporation of the City of
Brampton that the powers delegated through this by-law, having regard to the
number of people, the size of the geographic area and the time period affected by an
exercise of the powers, are of a minor nature;
AND WHEREAS By-law 218-2019 "Administrative Penalties (Non-Parking) By-
law" was enacted to provide for a system of administrative monetary penalties for
designated by-laws;
AND WHEREAS Council for The Corporation of the City of Brampton passed
Resolution No. CW-376-2022 on November 28, 2022 to prohibit the use, purchase,
discharge, possession, sale and offer to sell all fireworks including Consumer
Fireworks, Display Fireworks, Pyrotechnics and Prohibited Fireworks;
AND WHEREAS the Council of The Corporation of the City of Brampton deems it
expedient to enact a by-law to regulate and prohibit the sale, possession and discharge
of fireworks, and repeal By-law 163-2016;
AND WHEREAS Council for The Corporation of the City of Brampton deems it
appropriate to provide for administrative penalties for violations of this By-law;
NOW THEREFORE the Council of The Corporation of the City of Brampton
ENACTS as follows:
2
DEFINITIONS
1.
In this by-law:
"Act" means the Explosives Act, R.S.C. 1985, c. E-17 and the regulations enacted
thereunder as amended from time to time or any act or regulations enacted in
substitution therefor;
"Consumer Fireworks" means low hazard fireworks that are generally used for
recreation and are classified as Type F.1 explosives under the Act; (By-law 198-2023)
"Display Fireworks" means high hazard fireworks that are generally used for public
display and designed for use by professionals and are classified as Type F.2
explosives under the Act such as aerial shells, waterfalls, lances, rockets, serpents,
shells, bombshells, tourbillions, maroons, bouquets, bombardos, fountains, batteries,
illumination set pieces and pigeons, and large wheels;
"Display 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;
"Film Production Company" means a company that is responsible for producing video
content intended for broadcast, theatrical or digital distribution and advertisement;
"Fire Chief" means the Fire Chief of the City or authorized designate(s);
"Fireworks" include but not limited to any fireworks or explosives not authorized by the
Explosives Regulatory Division of the Government of Canada, any Consumer
Fireworks, Display Fireworks, Prohibited Fireworks or Pyrotechnics.
"Fireworks Display Supervisor Certification" authorizes a person to purchase and
set off Display Fireworks;
"Fireworks Permit" is a permit to discharge fireworks issued by the Fire Chief. Without
limiting this definition, a Fireworks Permit may be for Display Fireworks, or for
Consumer Fireworks, Pyrotechnics or a combination.
"FPPA" means the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4, as
amended, and the regulations enacted thereunder as amended from time to time or
any act or regulations enacted in substitution therefor;
"Officer" includes municipal law enforcement officers, fire inspectors, fire prevention
officers, police officers, and any person appointed by Council to enforce this by-law;
"Person" means an individual, property owner, association, firm, partnership,
corporation, trust, incorporated company, organization and includes the directors and
officers of a corporation, a corporation created under the Condominium Act, 1998, S.O.
1998, c. 19, as amended, and the trustees, agents, heirs, executors or other legal
representatives of a person to whom the context can apply according to law;
"Prohibited Fireworks" means fireworks included on the most recent list of prohibited
fireworks or explosives set out in the Act, including but not limited to flying lanterns,
sparkling matches, cherry bombs, M-80's, silver salutes and flash bombs and smoke
bombs, fake firecrackers and other similar trick devices or practical joke devices;
"Pyrotechnician" means a Person who is certified under the Act as 'pyrotechnician',
'senior pyrotechnician', 'special effects pyrotechnician' or 'special effects pyrotechnician
--detonating cord' and is qualified to purchase and supervise the display of
'pyrotechnic special effects' under the Act;
"Pyrotechnics" includes high hazard fireworks used to produce a special effect in a
film or television production or a performance before a live audience; explosives which
may be classified as Type F.3 in the Act; fireworks accessories which may be classified
as Type F.4 in the Act; black powder and hazard category PE 1 black powder
substitutes which may be classified as Type P.1 in the Act; smokeless black powder
and hazard category PE 3 black powder substitutes which may be classified as Type
3
P.2 in the Act; initiation systems classified as Type I under the Act such as blasting
accessories; and detonating cord classified as Type E.1 under the Act.
UNAUTHORIZED FIREWORKS
2.
No Person, or group of Persons, shall use, sell, offer to sell, display, purchase,
distribute, possess or set off or discharge, or cause or permit to be used, sold,
offered for sale, purchased, distributed, possessed, set off or discharged, any
fireworks or explosives not authorized by the Explosives Regulatory Division of
the Government of Canada.
3.
No Person, or group of Persons, shall use, set off, discharge, fire, sell, offer to sell,
purchase, display, distribute, possess or cause or permit to used, fired, sold,
offered for sale, purchased, distributed, possessed, set off or discharged, any
Fireworks.
4.
When Fireworks are discharged from a private property, the property owner is
deemed to have permitted, allowed or caused the setting off of the Fireworks,
unless there is evidence to the contrary, the proof of which lies with the property
owner.
5.
Notwithstanding sections 3 and 4, Fireworks may be discharged or set off by Film
Production Companies or the City of Brampton in accordance with the provisions of
this by-law.
5A.
This By-law does not apply to sparklers and toy pistol caps, as defined in the Act.
(By-law 198-2023)
FIREWORKS PERMITS
6.
Every Film Production Company shall obtain a Fireworks Permit for the use of
Fireworks.
7.
Only Persons who hold a valid Fireworks Display Supervisor Certification or a
Pyrotechnician Certification shall be eligible to apply for a Fireworks Permit.
8.
The Fire Chief may impose such conditions upon the issuance of a Fireworks
Permit as he or she considers are required to ensure the safety of the public.
9.
The Fire Chief has absolute discretion to refuse a Fireworks Permit for any
reason whatsoever and without limiting the generality of the discretion, a reason
may include any of the provisions of this by-law, any other by-law, the Fire Code,
the Act or Regulations, the past history of the applicant; the proposed locale of
the display; insurance; the safety measures to be taken or lack thereof; any
environmental consideration; or any consideration regarding the safety of the
public or property.
10.
Persons who discharge Fireworks under the authority of a Fireworks Permit shall
comply with all the provisions of this by-law. However, the Fire Chief may relieve a
Person who obtains a Fireworks Permit from any of the provisions of this by-law.
11.
Every application for a Fireworks Permit shall be made to the Fire Chief a
minimum of ten (10) days prior to the event when the proposed discharge or
display of Fireworks is to occur.
12.
(1)
Every application for a Fireworks Permit shall include:
(a)
a complete application form in the form provided by the City's Fire and
Emergency Services department;
(b)
proof of comprehensive general liability insurance in an amount not less
than five million dollars ($5,000,000.00) per occurrence, naming The
4
Corporation of the City of Brampton as an additional insured, and where
required by the City's Manager of Risk Management, naming the
neighbouring properties as an additional insured, and containing a cross
liability clause acceptable to the City's Manager of Risk Management;
(c)
payment of all non-refundable application fees in the amount as
described in the applicable City's User Fees By-law;
(d)
where the application is for a Fireworks Permit to discharge or hold a
display of Fireworks or Pyrotechnics, proof of certification of the applicant
as a Display Supervisor or Pyrotechnician; and
(e) such further and other information as the Fire Chief
may require.
(2) The Fire Chief:
(a)
may issue a Fireworks Permit; or
(b)
shall refuse to issue a Fireworks Permit where:
i. the application is incomplete;
ii. the applicant for a Fireworks Permit does not meet the certification
criteria for the proposed Fireworks;
iii. the purpose of the discharge or display is not for either a Film
Production Company or an event hosted or sponsored by The
Corporation of the City of Brampton;
iv. there are reasonable grounds to believe that the discharge or display
will result in a breach of this by-law, the Act or any applicable statute,
regulation or by-law; or
v. in the opinion of the Fire Chief, there are not adequate fire prevention
safeguards or protections from fire hazards in place.
13. (1)
The following conditions shall apply to a Fireworks Permit issued under this
by-law:
(a)
the Fireworks Permit is valid only for the discharge or display at the
place and on the date or dates set forth in the Fireworks Permit;
(b)
the Fireworks Permit is valid only for the discharge or display of the type
of firework(s) (Consumer Fireworks, Display Fireworks or Pyrotechnics)
set forth in the Fireworks Permit;
(c)
where the location set out in the Fireworks Permit for the discharge or
display is not on property owned by the permit holder, the permit holder
shall obtain the permission of the owner of the property for the
discharging or holding of a display;
(d)
the permit holder shall supervise the discharge or display;
(e)
the permit holder shall restrain unauthorized Persons from attending
near the location where the Consumer Fireworks, Display Fireworks or
Pyrotechnics are being discharged; and
(f)
the permit holder shall comply at all times with the provisions of the
Act, the FPPA, the `Display Fireworks Manual' published by Natural
Resources Canada or any successor publication.
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(2)
In addition to the conditions set out in subsection 13(1), the Fire Chief may
impose any conditions on a Fireworks Permit that the Fire Chief considers
necessary in the interest of public safety, or that are advisable in the
circumstances, or to give effect to the objects of this by-law.
(3)
No permit holder shall discharge or hold a display of Fireworks, except in
accordance with the conditions of the Fireworks Permit.
REVOCATION AND GENERAL PERMIT REGULATIONS
14. The Fire Chief may revoke, without prior notice to the permit holder or any other
Person, any Fireworks Permit issued pursuant to this by-law:
(1) where the, use, setting off, discharge, firing or holding any display of
Consumer Fireworks, Display Fireworks, Prohibited Fireworks or
Pyrotechnics is contrary to:
(a)
the provisions of this By-law;
(b)
any conditions upon which the Fireworks Permit was issued; or
(c)
any other applicable law;
(2)
if the Fireworks Permit was issued on mistaken, false or incorrect
information;
(3)
if the Fire Chief has concerns that the, use, setting off, discharge, firing or
holding any display of Consumer Fireworks, Display Fireworks or
Pyrotechnics poses a serious risk to public safety;
(4)
if the Fireworks Permit was issued in error; or
(5)
if the permit holder requests in writing to the Fire Chief that Fireworks Permit
be revoked.
15. No Person shall use, set off, discharge, fire or cause or permit to be used, set off,
discharged, or fired, Fireworks, or hold a display of Fireworks,:
(1)
without a Fireworks Permit issued by the Fire Chief; or
(2)
in contravention of the provisions of the Fireworks Permit issued to that Person.
16. Any Fireworks Permit issued pursuant to this by-law is non-transferrable.
17. Every permit holder shall produce their Fireworks Permit upon being so directed by
the Fire Chief or Officer.
18. The issuance of any Fireworks Permit by the Fire Chief shall not relieve the permit
holder from compliance with any other applicable law.
ENFORCEMENT
19. (1) Any Officer shall be responsible for the enforcement of this by-law.
(2) Any Officer or any agent acting on behalf of the City may at any reasonable
time enter upon land and into structures for the purpose of carrying out an
inspection to determine whether this by-law is being complied with and any
power of entry shall be exercised in accordance with Part XIV of the
Municipal Act, 2001.
(3)
Where an inspection is conducted in accordance with subsection 19(2) of this
by-law, an officer may:
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(a)
require the production of documents and things for review that may be
relevant to the inspection;
(b)
inspect and remove documents or things which may be relevant to the
inspection for the purpose of making copies;
(c)
require any information from any Person concerning a matter related to
the inspection, including but not limited to names, addresses, contact
information, and proof of identity or other identification; and
(d)
alone or in conjunction with a Person possessing special or expert
knowledge, make examinations or take tests, samples or photographs
necessary for the purposes of the inspection.
20. No Person shall hinder or obstruct, or attempt to hinder or obstruct, any Person
who is exercising a power or performing a duty under this by-law.
ORDERS
21. (1)
Where an Officer believes that a contravention of this By-law has occurred
they may issue:
(a)
an order to discontinue the contravening activity;
(b)
an order to correct the contravention; or,
(c) an order to discontinue the contravening activity and correct the
contravention.
(2)
Orders issued pursuant to subsection 21(1) shall be in writing and set out:
(a)
the name of the Person who is believed to have contravened this By-
law and the municipal address or the legal description of the land to
which the contravention applies;
(b)
reasonable particulars of the contravention;
(c)
the date by which there must be compliance with the order;
(d)
if applicable, the work to be done and the date by which the work must
be done; and,
(e)
if applicable, a statement that the City may have the work done at the
expense of the owner of the property if the work is not done in
compliance with the order.
(3)
An order issued under this by-law may be served personally or served by
mail to the last known address of the Person and such other persons
affected by it as determined by the Officer and a copy of the order may be
posted on any property to which the contravention applies.
(4)
If an order is served by registered mail, the service shall be deemed to
have been made five (5) days after mailing.
(5)
Every Person who fails to comply with an order made under this section is
guilty of an offence.
OFFENCES AND PENALTIES
22. (1) Every Person who contravenes any provision of this by-law is guilty of
an offence and every director or officer of a corporation who knowingly
concurs in the contravention of this by-law by their corporation is guilty
of an offence.
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(2)
Every Person who is charged with an offence under this by-law by the
filing of a certificate of offence under Part I of the Provincial Offences Act,
R.S.O. 1990, c. P.33, as amended, upon conviction is liable to a fine as
provided for by the aforesaid act.
(3)
Every Person who is charged with an offence under this by-law by the
laying of an information under Part III of the Provincial Offences Act,
R.S.O. 1990, c. P.33, as amended, upon conviction is liable, pursuant
to the fine provisions of the Municipal Act, 2001, to a fine as follows:
(a)
to a minimum fine of $500 and to a maximum fine of $100,000;
(b)
for each day or part of a day that the offence continues, to a
minimum fine of $500 and a maximum fine of $10,000, and the
total of all daily fines for the offence is not limited to $100,000; and
(c)
in the case of multiple offences, for each offence included in the
multiple offence, to a minimum fine of $500 and a maximum fine of
$10,000, and the total of all fines for each included offence is not
limited to $100,000.
SEIZURE
23. Any Officer who observes a contravention of the provisions of this by-law may
seize any fireworks in the possession of the person or corporation who committed
the contravention.
ADMINISTRATION
24.
This by-law may be referred to as the "Fireworks By-law".
ADMINISTRATIVE MONETARY PENALTIES
25. Administrative Penalties (Non-Parking) By-law 218-2019, as amended, applies to
this by-law.
26. Every Person who contravenes a provision of this by-law designated in Schedule
A of the Administrative Penalties (Non-Parking) By-law 218-2019, as amended,
shall upon issuance of a Penalty Notice be and is liable to pay to the City of
Brampton an administrative penalty in the amount set out in the Administrative
Penalties (Non-Parking) By-law 218-2019, as amended.
27. Section 4 of Schedule "A" to Administrative Penalties (Non-Parking) By-law 218-
2019 be amended by deleting the table and replacing it with the following:
Item
Column 1
Designated
Provision
Column 2
Short Form Wording
Column 3
Administrative
Penalty
1
Section 3
Discharge or be in possession
of fireworks without permit
$500.00
2
Section 3
Sell, distribute, display or offer
for sale fireworks
$1000.00
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3
Section 3
Person permit, allow or cause to
be set off fireworks on their
property without permit
$500.00
4
Section 21(5)
Fail to comply with an order
$1000.00
SEVERABILITY
26. Should any provision, or any part of a provision, of this by-law be declared by
a court of competent jurisdiction to be invalid, or to be of no force and effect,
it is the intention of Council in enacting this by-law that the same shall not
affect the validity of the remaining provisions.
REPEAL
27. By-law 163-2016 is hereby repealed.
ENACTMENT
28. This by-law shall come into full force and effect on the day of its passing.
ENACTED and PASSED this 14th day of December, 2022.
THE CORPORATION OF THE CITY OF BRAMPTON
Original Signed by:
Patrick Brown, Mayor
Peter Fay, City Clerk