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This is a consolidation of the City of Clarence-Rockland Fireworks By-law
No. 2025-26. This version contains the following amending By-laws:
- 2026-31
This consolidation of the By-law is current to April 8, 2026.
The Corporation of the City of Clarence-Rockland
By-law 2025-26
A by-law to regulate the Sale, Display and Discharge of Fireworks within the
City of Clarence-Rockland, and to repeal By-law 2022-51.
WHEREAS section 121 of the Municipal Act, S.O. 2001, Chapter c.25, as
amended, provides that a local municipality may prohibit and regulate the
sale of fireworks and the setting off of fireworks, and further that a by-law
may prohibit those activities unless a permit is obtained for those activities
and may impose conditions for obtaining, continuing to hold and renewing
the permit;
AND WHEREAS subsection 7.1 (1) of the Fire Protection and Prevention Act,
1997, c.4, as amended, provides that a council of a municipality may pass
by-laws regulating fire prevention, including the prevention of the spreading
of fires;
AND WHEREAS the Council of the Corporation of the City of Clarence-
Rockland deems it expedient to enact such by-law;
NOW THEREFORE the Council of the Corporation of the City of Clarence-
Rockland enacts as follows:
1. Definitions
In this by-law,
1.1.
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 substitution,
therefore.
1.2.
City means the municipal corporation of the City of Clarence-
Rockland.
1.3.
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, Roman candles, volcanoes, and
sparklers but does not include Christmas crackers and caps for toy
guns containing not in excess of twenty-five one-hundredths of a
grain of explosive used per cap.
1.4.
Discharge means to fire, ignite, explode, or set off or cause to be
fired, ignited, exploded, or set off and the words "discharged" and
"discharging" have a similar meaning.
1.5.
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.
1.6.
Fire Chief means the Director of Construction and Protective
Services/Fire Chief of the City or authorized subordinates.
1.7.
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.
1.8.
Fireworks means display fireworks, pyrotechnic special effects
fireworks and consumer fireworks.
1.9.
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.
1.10. 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 and Regulations enacted in
substitution therefore.
1.11. Municipality for the area land within the geographic limit of the City
of Clarence-Rockland.
1.12. Permit means a Permit issued under this By-law by the Fire Chief.
1.12.1. Fireworks Sales Permit
1.12.2. Consumer Fireworks Permit
1.12.3. Display Fireworks Permit
1.12.4. Pyrotechnic Special Effects Fireworks Permit
1.13. Prohibited firework 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 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.
1.14. Pyrotechnician means a person who is certified under the Act as a
Theatrical User, an Assistant, a Pyrotechnician or a Special Effects
Pyrotechnician and is qualified to purchase and supervise the display
of pyrotechnic special effect fireworks under the Act.
1.15. Pyrotechnic special effect 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.
1.16. Sell includes offer for sale, cause or permit to be sold and to possess
for the purpose of sale and the words "selling" and "sold" have a
similar meaning.
1.17. Sky Lantern means those devises also known as Flying, Chinese,
Kongming or Wish lanterns, or other similar device constructed of
paper and a frame containing a fuel pack, which fuel pack is usually
a petroleum or wax-based fuel that when lit causes the lantern to
rise.
1.18. Temporary Sales Unit means an enclosed portable stand, cart,
display rack, cargo container or trailer, or other display units that
can be moved from one location to another and is used for the sale
of consumer fireworks. A temporary sales unit does not include a
motor vehicle as defined in the HighwayTraffic Act. As amended by By-
law 2026-31.
1.19. Urban area means the area set out in the current Clarence-Rockland
Zoning By-Law.
2. Interpretation
2.1
In this by-law words importing the singular number only include
more persons, parties, or things of the same kind than one and the
converse, and a word interpreted in the singular number has a
corresponding meaning when used in the plural.
3. Prohibitions - General
3.1
No person shall sell, store, supply or discharge any firecrackers.
3.2
No person shall sell, store, supply or discharge any prohibited
fireworks.
3.3
No person shall sell consumer fireworks to any person at any time
without first obtaining:
3.3.1 An appropriate business licence issued by the City of Clarence-
Rockland;
3.3.2 A fireworks sales permit issued by the Fire Chief.
3.4
Every person in charge of a store shall ensure that fireworks
displayed in store windows shall be mock samples only and not
contain explosive composition.
3.5
No person shall sell or store any consumer and/or display fireworks
in a building unless the provisions of the Ontario Fire Code, the
Explosives Act of Canada, this By-law and all other Regulations have
been complied with.
3.6
No person shall sell or supply fireworks to any person under the age
of eighteen (18) years.
3.7
No person shall sell consumer fireworks from a motor vehicle as
defined in the Highway Traffic Act.
3.8
No person shall sell consumer fireworks from a temporary sales unit.
3.9
No person shall sell any Display Fireworks to any person unless the
purchaser provides evidence of certification at the appropriate level
by Natural Resources Canada - Explosives Regulatory Division as a
Display Fireworks Supervisor.
4. Sale of Fireworks - Permit Required
4.1.
Every fireworks sale permit application shall be submitted to the Fire
Chief and be accompanied by:
4.1.1.
The appropriate non-refundable fee as set out in City's User
Fee Bylaw, as amended from time to time;
4.1.2.
If the applicant is a corporation, a copy of the incorporating
document and a copy of the last annual information filed or,
if a registered partnership, a copy of the registered
declaration of partnership and a copy of the business name
registration;
4.1.3.
A description of the Consumer Fireworks to be sold;
4.1.4.
Detailed storage descriptions and plans;
4.1.5.
Fire Safety Plan for the building (s) which may be involved
in the storage of and sale of fireworks;
4.1.6.
proof of insurance and indemnification in accordance with
Sections 8 and 9 of this By-law.
4.2.
The Fire Chief may revoke a Fireworks Sale Permit where, in his or
her sole opinion, the applicant has not complied or is not complying
with the provisions of this By-law.
4.3.
Where a fireworks sale permit is revoked, the applicant is not
entitled to a return of any fee paid to obtain the fireworks sale
permit.
5. Storage of Fireworks
Storage within Buildings:
5.1.
No person shall store fireworks within a building except as follows:
5.1.1.
The storage of fireworks within buildings shall meet the
requirements of the Explosives Act. Where there is any
conflict between this By-law and the Explosives Act, the
more restrictive provision shall apply.
5.1.2.
A building may house up to 1000 kg gross weight of
Consumer Fireworks provided that it is detached from a
dwelling and that the building, or a dedicated portion of it is
closed to public access, well-constructed, and used
exclusively for Fireworks storage.
5.1.3.
If the building does not meet the requirements of subsection
8.1.2. of this by-law, the fireworks may be kept in a lockable
secure purposely built bin within the building, but in this
case the storage limit is reduced to 100 kg gross weight. At
any time when not in use, the bin shall be locked.
5.1.4.
The storage facility must display warning signs marked
"FIREWORKS" and "NO SMOKING".
5.1.5.
At least one fire extinguisher of suitable size shall be
mounted in accordance with Section 6 of the Ontario Fire
Code, O. Reg. 213/97, as amended.
Storage within Vehicles:
5.2.
Storage of fireworks in a vehicle is prohibited.
Storage within Trailers
5.3.
No person shall store fireworks in any trailer in amounts exceeding
1000 kg unless the wholesaler or retailer is licensed by the
Explosives Division, Natural Resources Canada
5.3.1.
No person shall allow or permit an ignition source within six
(6) metres of a trailer in which any fireworks are kept or
displayed for sale
5.3.2.
Permit access by customers to the fireworks stored within
any trailer, unless the trailer has two separate operative
doors and signs posted at every point of access to the trailer
stating that all ignition sources are prohibited within six (6)
metres of the trailer.
5.3.3.
Locate any trailer containing fireworks less than twenty (20)
metres from any road or parking space or less than forty
(40) metres from buildings, dwellings and gas stations.
5.3.4.
Permit more than ten (10) persons within the trailer at any
one time.
5.3.5.
Locate any portable electrical power supply and/or fuel
supply less then twelve (12) metres from the trailer.
6. Discharge - Consumer fireworks - Permit Required - Specific Days
6.1.
No person shall discharge or cause to be discharged any consumer
fireworks without first obtaining a permit from the Fire Chief and
pay all associated fees as listed in the City's User Fee By-law. The
application criteria shall be determined by the Fire Chief.
6.2.
No person shall discharge consumer fireworks except on the
following days:
6.2.1.
Victoria Day, the Saturday, and Sunday immediately
preceding Victoria Day;
6.2.2.
St-Jean Baptiste Day, the Saturday or Sunday immediately
preceding St-Jean Baptiste Day if falls on a Monday or
Tuesday, or the Saturday or Sunday immediately following
the St-Jean Baptiste Day if it falls on a Wednesday,
Thursday, or Friday; and
6.2.3.
Canada Day, the Saturday, or Sunday immediately
preceding Canada Day if Canada Day falls on a Monday or
Tuesday, or the Saturday or Sunday immediately following
Canada Day if Canada Day falls on a Wednesday, Thursday,
or Friday.
6.2.4.
New Year's Day, the Saturday or Sunday immediately
preceding New Year's Day if it falls on a Monday or Tuesday,
or the Saturday or Sunday immediately following New Year's
Day if it falls on a Wednesday, Thursday, or Friday.
6.3.
No person shall discharge any consumer fireworks in such a manner
as might create danger or constitute a nuisance to any person or
property, or to do or cause or allow any unsafe act or omission at
the time and place for the discharging of any fireworks.
6.4.
No person shall discharge any consumer fireworks in or into any
building, doorway, or automobile.
6.5.
No person shall discharge any consumer fireworks in or on or into
any highway, street, lane, square or other public place.
6.6.
No person under the age of eighteen (18) years shall discharge any
consumer fireworks except under the direct supervision of and
control of a person eighteen years of age or over.
6.7.
No person shall discharge or cause to be discharge any consumer
fireworks within the limits of an urban area.
6.8.
No person shall set off or cause to be set off any sky lanterns as
defined.
6.9.
No person shall discharge or cause to be discharge any consumer
fireworks when a burn ban or a total burn ban has been issued by
the Fire Chief.
7. Discharge - Display fireworks - Permit Required
7.1.
No person or group of persons shall set display fireworks in the City
without first having obtained a permit to do so issued by the Fire
Chief.
7.2.
Every application for a permit shall be made to the Fire Chief a
minimum of 30 days prior to the event when the proposed discharge
of display fireworks is to occur.
7.3.
Every application for a permit shall include:
7.3.1.
a description of the event including,
7.3.1.1. the date and time of the proposed discharge of
display fireworks,
7.3.1.2. the type and kind of display fireworks that may be
discharged,
7.3.1.3. the discharge techniques to be used,
7.3.1.4. the
manner
and
means
of
restraining
unauthorized persons from attending too near the
discharge site,
7.3.1.5. the manner in which unused display fireworks are
to be disposed of, and
7.3.1.6. the number of persons authorized to handle and
discharge the display fireworks;
7.3.2.
a site plan providing a description of the discharge site to
be used for the discharging of the display fireworks;
7.3.3.
a description of the fire emergency procedures;
7.3.4.
the name and address of the applicant and the sponsoring
organization, if applicable;
7.3.5.
proof of certification of the applicant as a Fireworks
Supervisor;
7.3.6.
proof of the consent of the owner of the property to the
discharge of display fireworks in writing;
7.3.7.
a processing fee as listed in the City's User Fee By-law.
7.3.8.
proof of insurance and indemnification in accordance with
Sections 8 and 9 of this By-law; and
7.3.9.
such other information as required by the Fire Chief.
7.4.
An applicant for a permit is, subject to the provisions of this by-law,
entitled to be issued the permit, except where:
7.4.1.
the application is incomplete,
7.4.2.
the applicant is not a Fireworks Supervisor,
7.4.3.
the display is not being held under the auspices of an
established club, association, or group of persons,
7.4.4.
the purpose of the display is not of civic, national, or
international significance, or not of special significance for
particular interest groups, or
7.4.5.
there are reasonable grounds for belief that the holding of
the display fireworks will result in a breach of this by-law or
the Act.
8. Insurance Requirement - Display fireworks
8.1.
The applicant shall provide and maintain Commercial General
Liability insurance subject to limits of not less than Five Million
Dollars ($5,000,000.00) inclusive per occurrence for bodily injury,
death and damage to property including loss of use thereof. Such
insurance shall be in the name of the applicant and shall name the
City of Clarence-Rockland as an additional insured thereunder. Such
insurance shall include permission to conduct displays of pyrotechnic
special effects fireworks or display fireworks. Such insurance policy
shall contain an endorsement to provide the City of Clarence-
Rockland with (30) days prior written notice of cancellation or of a
material change that would diminish coverage, and a Certificate of
Insurance evidencing such insurance coverage shall be provided to
the City of Clarence-Rockland prior to the issuance of a permit.
9. Indemnification Requirement - Display firework
9.1.
The applicant shall indemnify and save harmless the City of
Clarence-Rockland from any and all claims, demands, causes of
action, loss costs or damages that the City of Clarence-Rockland
may suffer, incur or be liable for resulting from the performance of
the applicant as set out in the by-law whether with or without
negligence on the part of the applicant, the applicant's employees,
directors, contractors, and agents.
10. Conditions - Display fireworks Permit
10.1. The Fire Chief may issue permits for displays of fireworks on the
conditions set forth in Section 7, and each such permit shall state
the name of the sponsoring club, association or group, the
purpose of the display, the place and date at which the same may
be held, and the name of the person under whose supervision the
display shall be held.
10.2. The following conditions shall apply to the holding of a display of
display fireworks under a permit issued under this by-law:
10.2.1. the permit is valid only for the display at the place and
on the date or dates set forth in the permit,
10.2.2. the permit holder shall supervise the display of display
fireworks,
10.2.3. the permit holder shall discharge the display fireworks,
10.2.4. every permit holder shall provide and maintain fully
operational, fire extinguishing equipment ready for
immediate use, and
10.2.5. the permit holder shall comply at all times with the
provisions of the Act, FPPA and the Display Fireworks
Manual published by Natural Resources Canada or any
successor publication.
10.3. No permit holder shall discharge display fireworks except in
accordance with the conditions of the permit.
10.4. The permit holder holding the display of display fireworks shall
ensure that all unused fireworks and all debris are removed.
11. Pyrotechnic special effects firework - Permit Required
11.1
No person or group of persons shall hold a display of pyrotechnic
special effect fireworks in the City of Clarence-Rockland without
first having obtained a permit to do so issued by the Fire Chief.
11.2
No person or group of persons shall discharge any pyrotechnic
special effect fireworks in the City of Clarence-Rockland, without
first having obtained a permit issued by the Fire Chief
authorizing the display of pyrotechnic special effect fireworks.
11.3
Every application for a permit pursuant to Section 11.1 shall be
made to the Fire Chief a minimum of 30 days prior to the event
where the proposed discharge of pyrotechnic special effect
fireworks is to occur.
11.4
Every application for a permit shall include:
11.4.1 a description of the event including,
11.4.1.1 a site plan of the facility and room capacity,
the stage, and the pyrotechnic special effect
fireworks storage area
11.4.1.2 a list of all the pyrotechnic special effect
fireworks to be employed,
11.4.1.3 location of all pyrotechnic special effect
fireworks,
11.4.1.4 height, range of effect, fallout, and duration
of the display of pyrotechnic special effect
fireworks
11.4.1.5 sequence of firing,
11.4.1.6 location of the audience and all exits, and
11.4.1.7 date and time of the proposed event using
pyrotechnic special effect fireworks;
11.4.2 a description of fire emergency procedures;
11.4.3 name and address of the applicant and the sponsoring
business or organization, if applicable;
11.4.4 proof of certification of the applicant as a
pyrotechnician;
11.4.5 proof of insurance and indemnification in accordance
with Sections 8 and 9 of this By-law;
11.4.6 proof of consent of the owner of the property to the
discharge of pyrotechnic special effect fireworks in
writing if the applicant is not the owner of the property;
11.4.7 a processing fee as listed in the City's User Fee By-law;
11.4.8 such other information as required by the Fire Chief
11.5 An applicant for a permit is, subject to the provisions of this by-
law, entitled to be issued the permit, except where:
11.5.1 the application is incomplete,
11.5.2 the applicant is not a pyrotechnician under the Act, or
11.5.3 there are reasonable grounds for belief that the holding
of the display fireworks will result in a breach of this by-
law, the FPPA or the Act.
12. Conditions applying to permit for pyrotechnic special effects
fireworks
12.1. The Fire Chief may issue permits for displays of pyrotechnic
special effect fireworks on the conditions set forth in Section
12.2 and each such permit shall state the name of the
sponsoring business, club, association or group, the purpose of
the display, the place and date at which the display may be held,
and the name of the pyrotechnician under whose supervision the
same shall be held.
12.2. The following conditions shall apply to the holding of a display of
pyrotechnic special effect fireworks under a permit issued under
this by-law:
12.2.1. the permit is valid only for the display at the place and
on the date or dates set forth in the permit,
12.2.2. the permit holder shall supervise the display of
pyrotechnic special effect fireworks,
12.2.3. the permit holder shall discharge the pyrotechnic
special effects fireworks,
12.2.4. the permit holder shall provide and maintain fully
operational, fire extinguishing equipment ready for
immediate use, and
12.2.5. the permit holder shall comply at all times with the
requirements of the Act, FPPA and the Pyrotechnics
Special Effects Manual published by Natural Resources
Canada or any successor publication.
12.3. No permit holder shall discharge pyrotechnic special effect
fireworks except in accordance with the conditions of the permit.
12.4. The permit holder holding the display of pyrotechnic special
effect fireworks shall ensure that all unused fireworks and all
debris are removed.
13. General Requirement
13.1. Every holder of a display fireworks or pyrotechnic special effect
fireworks permit shall produce his or her permit upon being so
directed by the Fire Chief.
14.
Enforcement
14.1. The provisions of this By-law shall be enforced by the Fire Chief,
or other individual duly appointed for the purpose of enforcing
this By-law.
14.2. The Fire Chief may carry out an inspection to determine if the
provisions of this Bylaw are being complied and shall have the
right to enter lands pursuant to the Municipal Act, 2001.
15.
Offences and Penalties
15.1. Any person who contravenes any provision of this By-law shall
be liable to pay the City an Administrative Monetary Penalty,
upon issuance of a penalty notice in accordance with the City of
Clarence-Rockland Administrative Monetary Penalties System
(AMPS) By-law, as may be amended from time to time.
15.2. Any person who contravenes any provisions of this by-law is
guilty of an offence and upon conviction shall forfeit and pay a
penalty as provided for in the Provincial Offences Act, R.S.O.
1990, Chapter P.33 and amendments thereto.
15.3. Each day that a person contravenes with the provisions of this
By-law, may constitute a separate offence.
16.
Severability
16.1. Any provision or part of this By-law is declared by any court or
tribunal of competent jurisdiction to be illegal, inoperative, or
ultra vires, in whole or in part, or inoperative in particular
circumstances, the balance of the By-law, or its application in
other circumstances, shall not be affected and shall continue to
be in full force and effect.
17.
Order Prohibiting
17.1. When a person has been convicted of an offence under the
provisions of this By-law, any court of competent jurisdiction
thereafter may, in addition to any other penalty imposed on the
person convicted, issue an order prohibiting the continuation or
repetition of the offence or the doing of any act by person
convicted directed towards the continuation or repetition of the
offence.
18.
Short Title
18.1. This By-law may be referred to as the "Fireworks By-law".
19.
Amend
19.1. That Schedule A-4 of By-law 2022-33, Administrative Monetary
Penalties System By-law, shall be and is hereby replaced with
Schedule A-4 attached hereto.
19.2. That Schedule F of By-Law 2024-118, 2025 User Fees By-Law,
shall be and is hereby replaced with Schedule F attached hereto.
20.
Repeal
20.1. That By-law 2022-51, be and is hereby repealed.
21.
Effective Date
21.1. This By-law shall come into effect on the date of its adoption.
Read, passed and adopted in open council this 19th day of March 2025.
Mario Zanth, Mayor
Monique Ouellet, Clerk