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THE CORPORATION OF THE TOWNSHIP OF BROCK
BY-LAW NUMBER 3119-2022
BEING A BY-LAW TO REGULATE THE SALE AND DISCHARGE OF FIREWORKS WITHIN
THE CORPORATION OF THE TOWNSHIP OF BROCK
WHEREAS section 121(1) of the Municipal Act, S.O. 2001, c.25 ("the Act" as
amended) authorizes Council to enact by-laws for prohibiting and regulating the
discharging of fireworks and to impose the requirement for a permit for the holding of
fireworks displays; and
WHEREAS the Council of the Corporation of the Township of Brock wishes to
enact the measures herein to provide a mechanism for the regulating, permitting, safe
sale and discharge of fireworks within the municipality; and
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP
OF BROCK HEREBY ENACTS A BY-LAW AS FOLLOWS:
1.
DEFINITIONS
1.1
"Building" means any structure used or intended for supporting or sheltering any
use or occupancy.
1.2
"Chief Fire Official" means the Fire Chief of the Township of Brock or his/her
designate.
1.3
"Clerk" means the Clerk or his/her designate of the Corporation of the Township
of Brock.
1.4
"Council" means the Council of the Corporation of the Township of Brock.
1.5
"Display Supervisor in Charge" means a person who holds a valid certification
under the Explosives Act to conduct displays of fireworks.
1.6
"Display Supervisor with Endorsements" means a person who holds a valid
certification under the Explosives Act to conduct displays of fireworks.
1.7
"Explosives Act" means the Explosives Act, R.S.C. 1985, c. E-17, and the
regulations thereto.
1.8
"Firecracker" means a pyrotechnic device that explodes when ignited and does
not make any subsequent display or visible effect after the explosion but does not
include paper caps containing not more than twenty-five one-hundredths of a
grain of explosive on average per cap, devices for use with such caps, safety
flare or marine rockets.
1.9
"Fireworks" means display fireworks, consumer fireworks and special effect
pyrotechnics.
1.10 "Fireworks, Display" means high-hazard fireworks for recreation, including
firecrackers, that are classified as Type F.2 under the Explosives Act and
Regulations, and includes, but is not limited to, rockets, serpents, shells,
bombshells, tourbillion, maroons, large wheels, bouquets, barrages, bombardos,
waterfalls, fountains, batteries, illuminations, set pieces and pigeons.
1.11 "Fireworks, Consumer" means low-hazard fireworks for recreation that are
classified as Type F.1 under the Explosives Act and Regulations, and includes
but is not limited to fireworks showers, fountains, golden rain, lawn lights,
pinwheels, roman candles, volcanoes, sparklers, and other similar devices, but
does not include Christmas crackers and paper containing not more than twenty-
five one-hundredths of a grain of explosive on average per cap, devices for use
with such caps, safety flares or marine rockets.
1.12 "Fireworks, Prohibited" includes but is not limited to 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 and step on 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.
1.13 "Fireworks, Special Effect Pyrotechnics " means an authorized explosive that
has been classified as Type F.3 under the Explosives Act, and is made,
manufactured or used to produce a pyrotechnic theatrical effect in connection ·
with a motion picture, theatre or television production, or as a performance, before
a live audience.
1.14 "Local Authority" means, in relation to special effect pyrotechnics or display
fireworks, the municipal, provincial or territorial organization or office that has
authority to authorize their use in a locality.
1.15 "Mobile Sales Premise" means a mobile or portable premise from which
fireworks are sold.
1.16 "Permit Issuer" is the person responsible for issuing permits pursuant to this by-
law, and shall be the Clerk or his/her designate.
1.17 "Permanent Fireworks Premise" means a premise located within a building or
part thereof in which the principal year-round business is the sale of fireworks.
1.18 "Permit" means an authorization under this by-law to sell or to discharge
fireworks.
1.19 "Person" includes a natural individual, and their heirs, executors, administrators
or other legal representatives, a corporation, partnership or other form of
business association or a receiver or mortgagee in possession.
1.20 "Pyrotechnician in Charge" means a person who holds a valid certification
under the Explosives Act to conduct displays of special effects pyrotechnics.
1.21 "Senior Pyrotechnician in Charge" means a person who holds a valid
certification under the Explosives Act to conduct displays of special effects
pyrotechnics.
1.22 "Temporary Fireworks Premise" means a premise within a building or part
thereof where a retailer sells consumer fireworks but whose principal business is
not the sale of fireworks.
1.23 "To discharge," when used in relation to fireworks, prohibited fireworks and
firecrackers, includes firing, igniting, exploding and setting-off, or causing or
permitting the igniting, exploding and setting-off of fireworks.
1.24 "To sell" includes offering for sale, causing or permitting to be sold and
possessing for the purpose of sale.
1.25 "Township" means the Corporation of the Township of Brock in the Regional
Municipality of Durham.
2.
GENERAL REGULATIONS
2.1
No person shall discharge fireworks except on the day preceding Victoria Day,
on Victoria Day, on the day preceding Canada Day and on Canada Day or pursuant
to a permit.
2.2
The discharging of fireworks, where permitted, can only be discharged between
dusk and 12:00 am on the day preceding Victoria Day, on Victoria Day, on the
day preceding Canada Day and on Canada Day or pursuant to a permit.
2.3
No person shall possess or discharge fireworks except in accordance with
the provisions of this by-law.
2.4 No person shall possess or discharge any firecrackers or other prohibited fireworks.
2.4 No person shall possess or discharge any firecrackers or other prohibited fireworks. 2.4 No person shall possess or discharge any firecrackers or other prohibited fireworks. 2.4 No person shall possess or discharge any firecrackers or other prohibited fireworks. 2.4 No person shall possess or discharge any firecrackers or other prohibited fireworks. 2.4 No person shall possess or discharge any firecrackers or other prohibited fireworks. 2.4 No person shall possess or discharge any firecrackers or other prohibited fireworks. 2.4 No person shall possess or discharge any firecrackers or other prohibited fireworks. 2.4 No person shall possess or discharge any firecrackers or other prohibited fireworks. 2.4 No person shall possess or discharge any firecrackers or other prohibited fireworks. 2.4 No person shall possess or discharge any firecrackers or other prohibited fireworks. 2.4 No person shall possess or discharge any firecrackers or other prohibited fireworks. 2.4 No person shall possess or discharge any firecrackers or other prohibited fireworks. 2.4 No person shall possess or discharge any firecrackers or other prohibited fireworks. 2.4 No person shall possess or discharge any firecrackers or other prohibited fireworks. 2.4 No person shall possess or discharge any firecrackers or other prohibited fireworks.
2.4 No person shall possess or discharge any firecrackers or other prohibited fireworks.
2.5
No person shall sell any firecrackers or prohibited fireworks.
2.6
No person shall sell or permit to be sold any fireworks except in accordance with
the provisions of this by-law.
2.7
No person shall discharge or possess for the purpose of discharge any display
fireworks or special effect pyrotechnics except pursuant to a permit.
2.8
In circumstances where a permit is obtained for the discharge of fireworks, no
permit applicant shall discharge fireworks at a date, time, location or site other
than that specified in the permit and all conditions of such permit shall be
observed.
2.9
No person shall discharge fireworks in a manner that creates or may create a
nuisance or that creates or may create an unsafe condition, danger from fire or
from risk of accident, injury or damage at or in respect of any place, location or
site, or to or in respect of any person, property or thing.
2.10
No person shall discharge fireworks into, in or on any highway, street, lane,
square, Public Park or other public place, without previously obtaining a permit
for such purpose.
2.11
No person shall discharge display fireworks or special effects pyrotechnics
within three hundred (300) metres of a hospital, nursing home, home for the
aged, church or school unless the consent of the owner or authorized
representative thereof is obtained.
2.12
No person shall discharge fireworks within three hundred (300) metres of any
premises or place where explosives, gasoline or other highly flammable
substances are manufactured or stored in bulk.
2.13
No person shall sell any fireworks from a mobile sales premise without making
application for, obtaining and maintaining, pursuant to the terms of this by-law, a
permit therefor authorizing him/her in respect of the location authorized on such
permit.
2.14
No person shall sell fireworks from a location or site other than that specified on
the permit.
2.15
A permit holder shall comply with every condition of the permit.
2.16
No person shall store or sell fireworks unless in compliance with the Explosives
Act, and the regulations thereto.
3.
REGULATIONS AFFECTING THE DISCHARGE OF CONSUMER
FIREWORKS
3.1
No parent or guardian of any person under the age of eighteen years shall allow
or permit that person to discharge consumer fireworks, except under the direct
supervision and control of a natural person eighteen years of age or older, who
shall, at all times, remain physically present in the immediate area where the
consumer fireworks are being set off.
3.2
No person shall discharge or hold a display of consumer fireworks on any land
that is not owned by him or her, unless written permission for the discharging or
the holding of a display of consumer fireworks on a date to be clearly specified
in the written permission, has been obtained from the owner.
3.3
Every person who discharges consumer fireworks shall:
(a)
provide and maintain fully operational fire extinguishing equipment
ready for immediate use, always present and for a reasonable period
thereafter, at the location or site of the setting off consumer fireworks.
This includes having knowledge of the operational procedures
associated with said fire extinguishing equipment;
(b)
follow the manufacturer's requirements for the discharge of fireworks;
and
(c)
permit the inspection of any site where the consumer fireworks may be
stored, discharged or displayed, and the consumer fireworks
themselves, together with all associated equipment, by anyone
authorized to enforce this by-law, forthwith upon demand
3.4
No person shall discharge consumer fireworks into, inside of, or on a building,
accessory building, structure, or motor vehicle.
4.
PERMITS FOR THE DISCHARGE OF DISPLAY AND SPECIAL EFFECT
PYROTECHNICS
4.1
In addition to the requirements set out in section 4.3 of this by-law, every
application for a permit for display fireworks and special effect pyrotechnics shall
include:
(a)
proof of commercial general liability insurance in an amount no less
than Five Million Dollars ($5,000,000), naming the Corporation of the
Township of Brock as an additional insured and containing a cross
liability clause;
(b)
proof that the applicant has been approved by the Chief Inspector of
Explosives pursuant to the Explosives Act as a supervisor in charge or
pyrotechnician in charge by providing a copy of supervisor's certificate;
(c)
an indemnification and hold harmless undertaking in favour of the
Township and signed by the applicant or by an individual having the
authority to bind the applicant;
(d)
a complete site plan indicating possible wind direction, location of
spectators, fallout zone, direction of firing, location of display setup,
buildings, structures, area of access and location of any storage units
in which the fireworks to be displayed will be stored before and after
the display;
(e)
such further and other information as the Chief Fire Official and/or
Authority Having Jurisdiction may require.
4.2
Every person to whom a permit for the discharge of display and special effect
pyrotechnics is issued shall:
(a)
provide and maintain fully operational fire extinguishing equipment
ready for immediate use, always, and for a reasonable period
thereafter, at the location or site of the discharge of fireworks;
(b)
conform to the provisions of the current issue of the fireworks manual
as published from time to time by the Explosives Safety and Security
Branch of Natural Resources Canada, or any successor publication,
applicable to the handling and discharge of fireworks authorized in the
permit;
(c)
produce the permit on demand by any person authorized to enforce this
by-law;
(d)
permit the inspection by the Township of the fireworks and any site
where the fireworks may be stored or discharged together with all
associated equipment and documentation pertaining to the discharge of
fireworks; and
(e)
only discharge the fireworks at the date, time, location and discharge
site shown on the permit.
4.3
Every permit for the discharge of display and special effects pyrotechnics shall
include the following conditions:
(a)
no person, except a display supervisor, and/or display supervisor with
endorsements shall discharge any fireworks display and no person,
except a pyrotechnician or senior pyrotechnician shall discharge any
special effect pyrotechnics;
(b)
the supervisor in charge who is named on the permit application, shall
always be present in person at the display during which the display is
being discharged and cleaned up;
(c)
any additional conditions that are required by the Chief Fire Official
and/or Authority Having Jurisdiction.
5.
REGULATIONS AFFECTING THE SALE OF CONSUMER FIREWORKS
5.1
All vendors of consumer fireworks in the Township of Brock are required to
conduct the sales of consumer fireworks within a permanent fireworks premise
or temporary fireworks premise in accordance with this by-law and all applicable
law.
5.2
Notwithstanding section 6.1, a mobile sales premises may be approved within
the Township of Brock, provided the vendor conforms with section 6 of this
by- law.
5.3
No person shall sell consumer fireworks or possess consumer fireworks for the
purpose of sale, except on Victoria Day, on Canada Day and on each of the
fourteen (14) days immediately preceding Victoria Day and Canada Day.
5.4
No person shall sell consumer fireworks unless:
(a)
the fireworks are included on the most recent list of authorized
explosives as published from time to time by the Explosives Safety and
Security Branch of Natural Resources Canada, or their successors;
(b)
the fireworks are sold in accordance with the Explosives Act and
Regulations made thereunder of Natural Resources Canada;
(c)
non-aerial fireworks in consumer packs that meet the requirements of
section 345 (see Appendix B) or in packaging or containers that comply
with the safety standards for means of containment under the
Transportation of Dangerous Goods Act, 1992 must be separated into
lots of 100 kg or less;
(d)
aerial fireworks in packaging or containers that comply with the safety
standards for means of containment under the Transportation of
Dangerous Goods Act, 1992 must be separated into lots of 100 kg or
less;
(e)
all other fireworks, whether aerial or non-aerial, must be separated into
lots of 25 kg or less;
(f)
each lot must be separated from the other lots by a fire break;
(g)
the fireworks must be kept away from flammable substances and
sources of ignition;
(h)
the fireworks must not be exposed to heat or dampness that might
cause them to deteriorate;
(i)
the fireworks must be separated from the ceiling and from any fire
prevention system by at least 0.6 m;
(j)
only people authorized by the retailer may have access to the area
behind a sales counter;
(k)
smoking must be prohibited within 8 m of the fireworks;
(l)
the fireworks must be attended when the sales establishment is
unlocked, and
(m)
a seller who sells consumer fireworks to a user must offer the user
either a copy of the table (see Appendix A) or a document that includes
the same information
5.5
A seller must keep a record of every sale of 150 kg or more of consumer
fireworks for two years after the date of the sale. The record must include the
following information:
(a)
the buyer's name and address;
(b)
in the case of a licensed buyer, the license number and expiry date;
(c)
the trade name of each firework sold and the name of the person who
obtained its authorization;
(d)
the quantity of fireworks sold under each trade name;
(e)
in the case of a sale by a distributor, an indication of whether the
fireworks were purchased for re-sale or for use; and
(f)
the date of the sale.
5.6
All vendors of consumer fireworks in the Township of Brock must have written
consent from the owner of the property to sell fireworks from said property,
unless the applicant is the owner of the said property.
5.7
All vendors of fireworks shall designate and post an area of 8 metres at every
location from which fireworks are sold or stored for the purposes of sale as a
"non- smoking" area and no person may smoke, vape or ignite any flammable
material, or have in his possession any lighted match, lighter, pipe, cigar,
cigarette, open flame or spark emitting device in such area.
5.8
All vendors of fireworks shall provide and maintain fully operational fire
extinguishers, ready for immediate use, on site always.
5.9
No person shall sell fireworks to any person under the age of eighteen years.
5.10
No vendor of fireworks may permit any employee to sell fireworks without first
instructing such employee in the regulations of this by-law and ensuring that
such employee complies with these regulations.
5.11
Every vendor of fireworks shall keep their permit certificate issued in respect of
this by-law posted in a conspicuous place within the place of sale, always
during the currency of the permit.
5.12
All vendors of fireworks within the Township of Brock must hold a valid and
appropriate license from the Explosives Branch of Natural Resources Canada,
or its successors, if required
5.13
All locations and buildings used for the sale of fireworks must comply with the
Township of Brock Zoning By-law requirements.
5.14
No person shall sell consumer fireworks unless:
(a)
the fireworks are displayed for sale in lots that do not exceed 25
kilograms each in gross weight;
(b)
the fireworks are displayed for sale in consumer packaging that meet
the requirements of section 345 (see Appendix B) of the regulation or
in packaging or containers that comply with the safety standards for
means of containment under the Transportation of Dangerous Goods
Act, 1992
(c)
the fireworks are displayed in a place where they are not exposed to
the rays of the sun or to excess heat or adjacent to any exit door;
(d)
consumer fireworks displayed in any shop window shall be mock
samples only and shall not contain explosive composition;
(e)
any unsold fireworks must be returned to the manufacturer or distributor
within seven days immediately following Victoria Day and Canada Day;
(f)
remaining unsold fireworks not exceeding 25 kilograms in gross weight
shall be deemed in compliance with subsection 5.13 (d) provided they
are immediately stored in a cool, dry place removed from flammable
materials and fuel fired appliances, and are inaccessible to the public;
(g)
the weight of consumer fireworks stored on site cannot exceed 1,000
kilograms in gross weight unless the vendor holds a valid and
appropriate license to do so from the Explosives Branch of Natural
Resources Canada, or its successors;
(h)
the weight of consumer fireworks stored on site cannot exceed 100
kilograms in gross weight in an occupancy where residential
occupancies are attached.
6.
PERMITS FOR MOBILE SALES PREMISES
6.1
Every application for a permit pursuant to this section shall be made to the
Clerk upon such application form as may be issued by the Clerk from time to
time.
6.2
The fee(s) payable for a permit shall be payable at the time of issuance of the
license and shall be in accordance with the "Fees By-Law" as amended from
time to time.
6.3
No permit shall be issued to any person under eighteen years of age.
6.4
Every permit application for mobile sales premises shall include:
(a) the name and mailing address of the applicant and the name of the
sponsoring organization, if applicable;
(b) the operating date(s) of the proposed mobile sales premises;
(c) a description and site plan drawing sufficient to identify and locate the
site upon the property where the mobile sales premises are proposed;
(d) proof of authorization of the owner of the land that the mobile sales
premises may be located on the property;
(e)
proof of commercial general liability insurance in an amount no less
than Five Million Dollars ($5,000,000), naming the Corporation of the
Township of Brock as an additional insured and containing a cross
liability clause;
(f)
the appropriate permit fee; and
(g)
such further and other information as the Clerk, Chief Fire Official and/or
Authority Having Jurisdiction may require.
7.
REGULATIONS AFFECTI NG MOBILE SALES OF FIREWORKS
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(a)
not less than two (2) signs must be posted in prominent locations on
the outside of the mobile sales premise indicating that persons may
not smoke, vape or ignite any flammable material, or have in their
possession any lighted match, lighter, pipe, cigar, cigarette, open
flame or spark emitting device within 8 metres of the mobile sales
premise;
(b)
a mobile sales premise shall not be located within twenty (20) metres
of any road or occupied parking space and shall not be located within
forty (40) metres of any occupied building, or any dwelling or gas
station;
(c)
the public shall not be permitted to enter any mobile sales premise for
the purpose of purchasing fireworks unless there are at least two
operational doors providing means of access to and egress from the
mobile sales premise;
(d)
no more than eight (8) customers are permitted in a mobile sales
premise at the same time;
(e)
any portable power supply to the mobile sales trailer must be located
not less than twelve (12) metres from the mobile sales premise; and
(f)
with the exception of its entrance and exit, every mobile sales premise
shall have a "no encroachment zone" of at least six (6) metres
established around it's perimeter by means of a barrier, such as snow
fencing, pylons or other materials satisfactory to the Clerk, Chief Fire
Official and/or Authority Having Jurisdiction.
8.
NATURE OF PERMIT
8.1
No person shall enjoy a vested right in the continuance of a permit and the value
of a permit shall be the property of the Township and shall remain so irrespective
of the issue, or revocation thereof.
8.2
No person licensed to carry on any trade, calling business or occupation
pursuant to this by-law shall advertise or promote or carry on such trade, calling,
business or occupation under any name other than the name endorsed upon
his permit.
8.3
The permits required by this by-law shall be valid only for the dates endorsed
thereon.
8.4
No permit shall be transferred or assigned and if a person permitted pursuant
to this by-law sells, leases or otherwise disposes of his interest in the
discharge or sales of fireworks, his permit shall, notwithstanding any other
provision of this by-law, be revoked.
8.5
Every permit shall have endorsed thereon the location of the mobile sales
premises or discharge of fireworks and such endorsement shall be for one
location only and such permit shall be valid only for the location endorsed
thereon.
8.6
Receipt of the application and/or the permit fee by the Township shall not
represent approval of the application for the issuance of a permit nor shall it
obligate the Township to issue such permit.
8.7
The permit issuer shall:
(a)
receive and process all applications for permits to be issued under this
by-law;
(b)
co-ordinate the enforcement of this by-law;
(c)
generally, perform all the administrative functions conferred upon him
by this by-law;
(d)
make or cause to be made all investigations and inspections which he
deems necessary to determine whether an applicant meets the
requirements of this by-law and all applicable laws; and
(e)
issue permits to persons who meet the requirements of this by-law and
refuse, suspend or revoke permits pursuant to the provisions of this by-
law.
8.8
Notwithstanding the foregoing section, upon review of a permit application, the
permit issuer may refuse to issue the permit where:
(a)
the past or current conduct of the applicant or permit holder affords
reasonable grounds for belief that he is not carrying on or will not
carry on the activity for which the permit is required and is made in
accordance with law and with integrity and honesty; or
(b)
there are reasonable grounds for belief that the carrying on of the
activity for which a permit is required, by the applicant or permit
holder, has or will result in a breach of this by-law or any other
applicable law; or
(c)
the applicant or permit holder is a corporation or a partnership and its
conduct or the conduct of its officers, directors, employees, agents or
partners affords reasonable grounds for belief that activity for which a
permit is required will not be carried on in accordance with the law
and with integrity and honesty; or
(d)
there are reasonable grounds for belief that the premises,
accommodations, equipment or facilities in respect of which the permit
is required do not comply with the provisions of this by-law or any
other applicable law; or
(e)
the conduct of the applicant or permit holder or other related
circumstances afford reasonable grounds for the belief that the
carrying on by the applicant of the activity for which a permit is
required would infringe the rights, or endanger the health or safety of
members of the public; or
(f)
the applicant or permit holder has provided fraudulent information in the
permit application.
8.9
The applicant shall be notified, in writing by the permit issuer for the refusal of a
permit, and such notification shall include the particulars of the refusal.
8.10
Where an application for permit is made in accordance with the provisions of
this by-law and the applicant meets all the requirements of this by-law or where
the permit issuer has been so authorized by Council in response to a report in
this regard, the permit issuer shall issue a permit which shall set out the date of
the permit in accordance with this by-law.
8.11
A permit may be suspended or revoked by the permit issuer for a breach of any
of the provisions set out in section 8.8 of this by-law, by written notice, and it
shall not be reinstated until the permit issuer is able to confirm that the conditions
leading to the suspension or revocation have been remedied.
8.12
The applicant may appeal the refusal, suspension or revocation of a permit by
doing so in writing addressed to the Clerk within 10 days of receipt of the refusal,
suspension or revocation notice provided by the permit issuer.
8.13
At any meeting of Council called in relation to a report to consider the issuance,
suspension or revocation of a permit:
(a)
The applicant and/or permit holder shall be accorded his/her rights
pursuant to the Statutory Powers Procedures Act, R.S.O. 1990, c. S.22,
as amended, including the right to appear and speak to the matter;
(b)
Where the applicant and/or permit holder has been provided with notice
of the meeting and does not attend, Council may proceed with the
meeting in the absence of the applicant and/or permit holder; and
(c)
Where Council concludes that grounds exist upon which a permit may
be refused, suspended or revoked, Council may in lieu thereof issue a
permit for any period up to a full permit period, on probation, or without
a term of probation, subject to such conditions as Council may impose
and are in accordance with law.
9.
OFFENCE, PENALTY AND ENFORCEMENT
9.1
Any person who contravenes or fails to comply with any of the provisions of this
by-law is guilty of an offence and, pursuant to section 429 of the Municipal Act,
2001, is liable to a maximum penalty of $10,000.00 (ten thousand dollars) and
a minimum penalty of not less than $350.00 (three hundred and fifty dollars).
9.2
Any person who contravenes any provision of this by-law is guilty of an offence
and upon conviction is liable to a fine a s provided for by the Provincial Offences
Act, R.S.O. 1990, Chapter P.33 as amended.
9.3
The making of a false or intentionally misleading recital of fact, statement or
representation in any agreement, statutory declaration or application form
required by this by-law shall be deemed to be a violation of the provisions of this
by-law and may result in the revocation of a permit issued hereunder.
9.4
Every person shall comply with the provisions of this by-law whether or not that
person is licensed under this by-law.
9.5
Every permit applicant, permit holder and person requiring a permit pursuant to
this by-law shall, during the regular operating hours of the premises where
fireworks are sold, make available for inspection by the Clerk, the Chief Fire
Official, a Peace Officer, a Provincial Offences Officer, a By-law Enforcement
Officer and/or Authority Having Jurisdiction, the original of any document or
record referred to in this by-law.
9.6
Every permit applicant, permit holder and every person discharging fireworks
shall, at all times during the set-up, discharge and dismantling of the fireworks,
permit the entry by and the inspection of the site where the fireworks will be
discharged by the Clerk, the Chief Fire Official, a Peace Officer, a Provincial
Offences Officer, a By-law Enforcement Officer and/or Authority Having
Jurisdiction.
9.7
No person shall obstruct or hinder the entry or the inspection of a mobile sales
premises, temporary fireworks premise or any premise conducting the sale of
fireworks or discharge of fireworks, or other premises or items authorized for
inspection pursuant to this by-law, by the Clerk, the Chief Fire Official, a Peace
Officer, a Provincial Offences Officer, a By-law Enforcement Officer and/or
Authority Having Jurisdiction for the purposes of inspecting or for the
enforcement of this by-law.
10.
ADMINISTRATION
10.1
The Chief Fire Official and/or Authority Having Jurisdiction shall be responsible
for inspecting and/or approving permit applications, and the Clerk shall be
responsible for the issuance and administration of all permits.
11.
MISCELLANEOUS
11.1
The provisions of this by-law shall apply to all lands and premises within the
Township of Brock.
11.2
Should any section of this by-law be declared invalid by a court of competent
jurisdiction, such section shall be construed as being severed herefrom and
the remainder of the by-law shall continue in full force and effect.
11.3
Wherever notice or materials are required to be served upon or provided to
any person pursuant to this by-law, such provision shall be deemed effective
upon mailing of such materials by registered mail to the last address of that
person as indicated upon permit or other material filed with the Township or to
the last assessed business address for the person indicated upon the taxation
roll records.
11.4
The short title of this by-law shall be the "Fireworks By-law".
12.
FORCE AND EFFECT
12.1 This by-law shall come into force and effect on the date of it is enacted by
the Council of the Corporation of the Township of Brock.
12.2 That By-law Number 2535-2014-PP and all amendments thereto are hereby
repealed in its entirety.
ENACTED AND PASSED THIS 25th DAY OF APRIL 2022.
Mayor
Clerk/Deputy CAO
John Grant
Fernando Lamanna
original signed
original signed
Appendix A to By-Law Number 3119-2022
TABLE
(subsection 352(2) of SOR/2013-211)
USING CONSUMER FIREWORKS
UTILISATION DE PIÈCES
PYROTECHNIQUES À L'USAGE DES
CONSOMMATEURS
Part 16 of the Explosives Regulations
provides additional safety rules for
consumer fireworks.
La partie 16 du Règlement sur les explosifs
prévoit des règles additionnelles sur la
sécurité
PEOPLE UNDER 18 YEARS OLD who
use fireworks must be supervised by an
adult.
LES PERSONNES DE MOINS DE 18 ANS
qui utilisent des pièces pyrotechniques
doivent le faire sous la surpervision d'un
adulte.
CHOOSE a wide, clear site away from
all obstacles. Refer to the safety
instructions on the fireworks label for
minimum distances from spectators.
CHOISIR un emplacement spacieux, bien
dégagé et loin de tout obstacle. Consulter
les consignes de sécurité sur l'étiquette des
pièces pyrotechniques pour connaître les
distances minimales entre les pièces et les
spectateurs.
DO NOT FIRE IN WINDY
CONDITIONS.
NE PAS METTRE À FEU LES PIÈCES
PYROTECHNIQUES PAR TEMPS
VENTEUX.
READ all instructions on the fireworks.
PLAN the order of firing before you
begin.
LIRE toutes les instructions sur les pièces
pyrotechniques. DÉTERMINER l'ordre de
mise à feu avant de débuter.
USE A GOOD FIRING BASE such as a
pail filled with earth or sand.
UTILISER UNE BONNE BASE DE MISE À
FEU, tel un seau, remplie de terre ou de
sable.
BURY fireworks that do not have a
base HALFWAY in a container of earth
or sand (such as a pail, box or
wheelbarrow) unless the label on the
firework indicates otherwise. Set them
at a 10-degree angle, pointing away
from people.
ENFOUIR À MOITIÉ les pièces
pyrotechniques qui ne possèdent pas de
base dans un contenant (par exemple, un
sceau, une boîte ou une brouette)
renfermant du sable ou de la terre, sauf
indication contraire sur l'étiquette. Les
installer à un angle de 10 degrés et les
pointer en direction opposée des
spectateurs.
NEVER try to light a firework or hold a
lit firework in your hand unless the
manufacturer's instructions indicate
that they are designed to be hand-held.
NE JAMAIS tenir dans la main des pièces
pyrotechniques qui sont allumées ou que
vous tentez d'allumer, sauf si les
instructions du fabricant indiquent qu'elles
sont conçues pour être tenues dans la main.
LIGHT CAREFULLY: Always light the
fuse at its tip.
ALLUMER PRUDEMMENT : toujours
allumer la mèche a l'extrémité.
KEEP WATER NEARBY: Dispose of
used fireworks (including debris) in a
pail of water.
GARDER DE L'EAU À PORTÉE DE LA
MAIN : mettre les pièces pyrotechniques
utilisées et les débris dans un seau d'eau.
WAIT at least 30 minutes before
approaching a firework that did not go
off. NEVER try to RELIGHT a firework
that did not go off. NEVER try to fix a
firework that is defective.
ATTENDRE au moins 30 minutes avant de
s'approcher d'une pièce pyrotechnique dont
la mise à feu n'a pas fonctionné. NE
JAMAIS tenter de RALLUMER une pièce
pyrotechnique dont la mise à feu n'a pas
fonctionné. NE JAMAIS tenter de réparer
une pièce pyrotechnique qui est
défectueuse.
KEEP fireworks in a cool, dry,
ventilated place, out of the reach of
children.
CONSERVER les pièces pyrotechniques
dans un endroit frais, sec, aéré et hors de la
portée des enfants.
IT IS RECOMMENDED that safety
glasses be worn.
IL EST RECOMMANDÉ de porter des
lunettes de sécurité.
Appendix B to By-Law Number 3119-2022
PART 16 of SOR/2013-211
Adequate consumer pack
345. For the purposes of this Part, a consumer pack must meet the following requirements:
-
(a) it must be of sufficient strength to withstand normal handling;
-
(b) it must be designed so that it prevents a person who is handling it from being able to
ignite the consumer fireworks it contains; and
-
(c) it must be designed so that it prevents any shifting of the consumer fireworks during
handling or transportation; and
-
(d) the trade name of all consumer fireworks in the pack must be printed on it, along with
the words "Non-aerial Fireworks/Pièces pyrotechniques non aériennes", in a location that
is clearly visible.