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Consolidation Update: April 27, 2022
CITY OF HAMILTON
By-law No. 02-285
A By-law To Regulate the Sale and Use of Fireworks
OFFICE CONSOLIDATION
This By-law is a consolidated version and includes amendments made by the amending by-
laws listed on the following page. This consolidation is prepared for purposes of
convenience only and is not the official or legal version of the By-law. For accurate
reference to the By-law, certified copies should be obtained through the City Clerk's Office.
A By-law To Regulate the Sale and Use of Fireworks
Consolidated By-law No. 02-285
Incorporating amendments made by:
By-law No.
Effective Date:
07-146
May 16, 2007
Update to section 12.1
22-093
April 27, 2022
Update to definitions, section 2 title,
subsection 2.1, 2.2, and 2.3, subsection 3.3,
subsection 5.3, subsection 6.1 and
subsection 6.5, subsection 7.1, subsection
7.2 (b), subsection 8.1, subsection 8.2,
subsection 8.6 (d), subsection 8.9 (b),
subsection 11.2 (b)
CITY OF HAMILTON
BY-LAW NO. 02-285
To Regulate the Sale and Use of
Fireworks
WHEREAS the Municipal Act authorizes the prohibition and regulation of the sale and
use of fireworks;
AND WHEREAS the Council of the former municipalities comprising the City of Hamilton
enacted diverse by-laws to prohibit and regulate the sale and setting off of fireworks
within their respective geographic areas;
AND WHEREAS it is in the interest of the people of the new City of Hamilton to
standardize the regulations and prohibitions applicable to the sale and use of fireworks.
NOW THEREFORE the Council of the City of Hamilton enacts as follows:
1.
Interpretation
1.1
In this By-law
(a)
"child" means a person who is under 18 years of age;
(b)
"City" means the City of Hamilton;
(c)
"Chief of Police" means the Chief of Police for the City;
(d)
"display fireworks" means Type F.2 high-hazard firework articles
that are classed under the Explosives Act, and the Explosives
Regulations under the Act, designed for use by professionals
holding a Fireworks Operator Certificate. These articles include but
are not limited to items such as aerial shells, cakes, roman candles,
waterfalls, lances and wheels;
(e)
"Display Supervisor" means an individual possessing a valid
Fireworks Operator certificate at the level of Supervisor as issued by
the Explosives Regulatory Division (ERD) of Natural Resources
Canada (NRCan);
(f)
"Explosives Act" means the Explosives Act, R.S.C. 1985, c. E-
17, as amended;
(g)
"Explosives Regulations" means Explosives Regulations, 2013
(SOR/2013-211), as amended;
(h)
"family fireworks" has the same meaning as "consumer fireworks"
under the Explosives Act and means Type F. 1 low-hazard
firework articles that are classed under the Explosives Act, and
the Explosives Regulations under that Act, designed for
recreational use by the public. These articles include but are not
limited to items such as roman candles, sparklers, fountains,
wheels, volcanoes, mines and snakes;
(i)
"Family Fireworks Sales Permit" means a permit as issued in
accordance with section 8;
(j)
"Fire Chief' means the City's Fire Chief of the Hamilton Fire
Department, or their designate;
(k)
"firecracker" means a pyrotechnic device that is designed to
explode after being ignited without subsequent display or
simultaneous visible effect, 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 flares, or marine rockets;
(l)
"Fire Department" means the Hamilton Fire Department;
(m)
"General Manager" means the City's General Manager of the
Healthy and Safe Communities Department, or their designate;
(n)
"magazine" means magazine as defined in the Explosives Act,
R.S.C. 1985, C. E-17;
(o)
"motor vehicle" means motor vehicle as defined in the Highway
Traffic Act,_R.S.O. 1990, c. H.8;
(p)
"Permit" means permission to hold a fireworks display granted by
the City issued under this By-law;
(q)
"Pyrotechnics" means Type F. 3 high-hazard pyrotechnic articles
that are classed under the Explosives Act, and the Explosives
Regulations under the Act, designed for use by professionals
holding a Fireworks Operator Certificate. These articles include
items such as gerbs, mines, comets and crossettes. This class
also includes special purpose pyrotechnics manufactured live on
stage or for the film and television industry;
(r)
"public display" means every setting off or other display of family
fireworks or display fireworks except for a display within the
scope of section 6.1, and for the sake of greater certainty but
without limiting the generality of the foregoing, includes any
display that is open to
(i)
the general public;
(ii)
persons who have purchased tickets to attend the
display or a related event; or
(iii)
members of the organization sponsoring the display or a
related event;
(s)
"offer for sale" includes the display of goods as an invitation to treat;
(t)
"owner" means the person having effective control over or
apparent possession of property or the relevant portion thereof,
or where that person cannot be determined, the registered owner
of that property, and for the purposes of this by-law, a mortgagee-
in-possession of property, or a receiver and manager, personal
representative or trustee in bankruptcy who has taken
possession of that property shall be deemed to have effective
control over the property;
(u)
"prohibited fireworks" means firecrackers, flying lanterns and
also those types of fireworks more particularly described in
Schedule "A" hereto annexed;
(v)
"property" means any public or private land, building, structure or
other real property within the City;
(w)
"retail sale" means a sale for the purpose of consumption or use
and not for resale;
(x)
"set off' includes any method of detonating or igniting a firework;
(y)
"shop" means a building or part of a building, booth, stall or place
where goods are exposed or offered for sale.
(z)
"trailer" means an enclosed vehicle designed so that it may be
attached to or drawn by a motor vehicle, and intended for the
transport of goods, but does not include,
(i) such a vehicle if attached to a motor vehicle; or
(ii)
a farm trailer.
1.2
In this By-law,
(a)
a word importing the masculine, feminine or neuter gender only
includes members of the other genders;
(b)
a word defined in or importing the singular number has the same
meaning when used in the plural number, and vice versa;
(c)
a reference to any Act, bylaw, rule or regulation or to a provision
thereof shall be deemed to include a reference to any Act, bylaw,
rule or regulation or provision enacted in substitution therefor or
amendment thereof;
(d)
the headings to each section are inserted for convenience of
reference only and do not form part of the By-law;
(e)
words and abbreviations which have well-known technical or
trade meanings are used in the By-law in accordance with those
recognized meanings; and
(f)
where an officer of the City is named, or a reference is made to an
office of the City, that reference shall be deemed to include a
reference to the
designate of that person, as appointed in
accordance with policies and procedures of the City in force from
time to time.
2.
Ban Against Possession or Use of Prohibited Fireworks
2.1
No person within the City shall possess, offer for sale, cause or permit
to be sold, or sell any prohibited fireworks.
2.2
No person within the City shall discharge, fire, set off or cause, or permit
to be discharged, fired or set off any prohibited fireworks.
2.3
The prohibition against the possession of firecrackers under subsection
2.1 does not apply with respect to prohibited fireworks that are within the
City solely as a result of their being in transit while being transported by
a railway, airline, trucking company or other public carrier.
3.
Sale and Possession of Family Fireworks, etc.
3.1
No person shall offer for sale, cause or permit to be sold, sell or
otherwise distribute family fireworks unless the vendor has obtained a
Family Fireworks Sales Permit under this By-law and,
(a)
the fireworks are included on the most recent list of authorized
explosives as published from time to time by the Explosives
Regulatory Division of the Department of Natural Resources
Canada or its successor;
(b)
the fireworks are displayed in individual lots that do not exceed
25 kilograms in gross weight;
(c)
the fireworks are displayed in a package, glass case or other
suitable receptacle away from inflammable goods; and
(d)
the fireworks are displayed in a place where they are not
exposed to the rays of the sun or to excess heat.
3.2
No person shall offer for sale, cause or permit to be sold, or sell family
fireworks from an outdoor stand, tent, unenclosed trailer, or motor
vehicle.
3.3
No person shall offer for sale, cause or permit to be sold, or sell family
fireworks without displaying or otherwise making available to purchase, the
fireworks information outlining the safe handling or fireworks including any
information or brochures that may be required under the Explosives Act or
supplied by the manufacturer.
4.
Trailer Sales
4.1
A vendor applying for a Family Fireworks Sales Permit to sell family
fireworks from a trailer shall provide to the City the written permission of
the owner of the land on which the trailer is to be parked, together with
that application.
4.2
A Family Fireworks Sales Permit granted for the sale of family fireworks
from a trailer is valid only for the sale location specified in that permit.
4.3
A person selling family fireworks sold from a trailer shall comply with the
guidelines set by the Fire Chief with respect to the sale location for
which the permit has been granted.
5.
Display of Fireworks for Sale
5.1
Fireworks displayed in any shop window shall be mock samples only
that contain no explosive compound.
5.2
No person who offers for sale any family fireworks shall, at any time,
keep or permit the keeping of any family fireworks in any location in a
shop or trailer unless the location is designated and posted as a "no-
smoking" area.
5.3
No person shall offer for sale, cause or permit to be sold, or sell family
fireworks except on Victoria Day, Canada Day, and during the seven
day period immediately preceding each of those days.
5.4
No person shall offer for sale, cause or permit to be sold, or sell family
fireworks to any person who is or who appears to be under the age of
eighteen years.
5.5 No person storing family fireworks for sale shall store them except as
permitted under the Explosives Act.
6.
Use of Family Fireworks
6.1
Subject to subsection 6.2, no person shall set off family fireworks except
on Victoria Day and Canada Day, or the day immediately following
either of those days if precluded by inclement weather on Victoria Day
or Canada Day, and every person shall only set off family fireworks on
those permitted days during the time period between dusk and 11:00
pm.
6.2
A person who has obtained a Permit to set off a public display of family
fireworks as provided in this section may set off such fireworks on the day
specified in that permit.
6.3
No child shall set off any fireworks, other than a sparkler where the child is
under the supervision of an adult at all times.
6.4
No parent, guardian or person standing in the place of a parent with respect
to a child shall permit that child to set off any firework, other than a sparkler
where the child is under the supervision of an adult at all times.
6.5
No person shall set off family fireworks:
(a)
on or into any highway, street, lane, boulevard, roundabout, or
private roadway;
(b)
on or into any land used for school purposes;
(c)
on or into any park, parkette, trail, linear park, land used for storm
water management, square, other public place or any land owned
by the government of Canada or the City of Hamilton or any of their
boards or agencies; or
(d)
on any land whatsoever, except on land belonging to the person
setting off the fireworks, or on other privately-owned land where the
consent of the owner has been obtained.
6.6
No person shall set off family fireworks into, inside of, or on any building,
accessory building, structure, or motor vehicle.
6.7
No person shall store, handle or set off family fireworks in an unsafe
manner, or in a manner that creates a nuisance, taking into account the
noise, danger from fire and explosion, and risk of death, injury and damage
to property inherent in the storage, handling or use of fireworks.
6.8
A person who stores fireworks shall use reasonable care to ensure that
those fireworks are not accessible to children.
6.9
No person shall hold a public display of family fireworks without a permit
issued under this By-law.
7.
Display Fireworks
7.1
No person shall sell or otherwise distribute, offer for sale, cause or permit
to be sold, or possess for the purposes of sale or distribution, any display
fireworks unless,
(a)
those fireworks are included on the most recent list of authorized
explosives as published from time to time by the Explosives
Regulatory Division of the Department of Natural Resources Canada
or its successor; and
(b)
the fireworks are kept and maintained in a magazine licensed by the
Explosives Regulatory Division of the Department of Natural
Resources Canada or its successor.
7.2
No person shall give, offer for sale, cause or permit to be sold or sell Display
fireworks to any person unless that person,
(a)
is at least eighteen years of age;
(b)
holds a valid Fireworks Operator certificate at the level of Display
Supervisor, and
(c)
holds a valid permit issued by the City of Hamilton,
7.3
No person shall set off display fireworks, or advertise that a public display
of either display fireworks or family fireworks is to be held within the City,
without an appropriate permit issued under section 8.
8.
Permits
8.1
Any person eighteen years of age or over, who is duly authorized under the
Explosives Act and approved thereunder as a Display Supervisor, may
apply to the General Manager for a permit to set off or hold a display of
display or family type fireworks.
8.2
The Display Supervisor who is named as the applicant in an application
under this By-law shall be present in person at all times during which the
fireworks are being set up, set off and cleaned up after the conclusion of the
display or other setting off of those fireworks.
8.3
Every application for a permit under this section shall be made at least 30
days before the date scheduled for the setting off or holding of the display
of display fireworks.
8.4
Before issuing a permit under this section, the General Manager shall
obtain a report from the Chief of Police confirming that there is no record of
the applicant having been convicted of criminal offence relating to arson,
malicious mischief, malicious destruction of property, or the improper,
careless or willful misuse of fireworks or explosives, or a conviction under
this by-law or any of its predecessors, during the 10 year period
immediately preceding the date of the application.
8.5
The General Manager shall not issue a permit under this section where it is
of the opinion that the proposed site at which the fireworks are to be set off
or the display is to be held is not suitable for that purpose.
8.6
An applicant for a permit under this section shall provide, together with his
or her application,
(a)
such information or consents as is required under this By-law;
(b)
a fully executed Hamilton Police Services Access to Information
waiver authorizing the Chief of Police to disclose information relating
to the criminal record of the applicant to the General Manager;
(c)
evidence of insurance on such terms and in such amount as the
City's Manager of Risk Management may prescribe from time to
time;
(d)
proof that the applicant has been approved by the Explosives
Regulatory Division of the Department of Natural Resources
Canada as a Display Supervisor;
(e)
a description of the site to be used for the setting of the display
fireworks or family fireworks, as the case may be, sufficient to
identify each site for which application is made;
(f)
such further information as the General Manager may reasonably
require.
8.7
No person shall set off or hold a display of display fireworks at a date, time
location or site except,
(a)
on the date and at the time and site specified in the permit; and
(b)
upon full compliance with all terms and conditions applicable with
respect thereto; and
(c)
where the fireworks are to be set-off on property of which the
applicant is not the owner, with the prior written permission of the
owner of that property.
8.8
A permit issued under this section may be made subject to such terms and
conditions as the General Manager may consider to be necessary in the
interests of public safety, or to minimize inconvenience to the general
public, or advisable in the circumstances or to give effect to the objects
of this By-law, and every permit holder shall comply with those terms
and conditions.
8.9
Every person to whom a permit is issued under this section shall:
(a)
provide and maintain approved fully operational fire extinguishing
equipment ready for immediate use, throughout the time while
the display fireworks are being set-off or displayed, and for a
reasonable period thereafter, at the location or site of the setting
off or holding of a display of display fireworks;
(b)
conform to the provisions of the current issue of the Display
Fireworks Manual as published from time to time by the
Explosives Regulatory Division of the Department of Natural
Resources Canada, or any successor publication, for the setting
off or holding of a display of display fireworks;
(c)
produce the permit on demand to any police officer or any person
authorized to enforce this By-law; and
(d)
permit the inspection of any site where the display fireworks may
be stored, set off or displayed, and the display fireworks
themselves together with all associated equipment, by anyone
authorized to enforce this by-law, forthwith upon demand.
8.10 Every person to whom a permit is issued under this section shall,
immediately after the conclusion of the setting off or holding of a display,
carry out a site inspection and shall
(a)
remove all unused or partly used display fireworks from the site;
(b)
gather together and remove all debris remaining after use or partial
use of the display fireworks, and
(c)
return the site to the condition it was in prior to the setting off or
holding of the display.
8.11 The grounds on which display fireworks are set off or at which a display
of such fireworks is held shall be kept under continual surveillance, by a
person eighteen years of age or older, until the final site inspection has
been completed by permit-holder identified under section 8.10.
8.12 No person shall set off display fireworks,
(a)
into, inside of, or closer than 10 meters to, any building,
accessory building or structure, or motor vehicle;
(b)
within 200 meters of any premises or place where explosives,
gasoline
or other
highly
inflammable
substances
are
manufactured, or stored in bulk; or
(c)
within 200 meters of a hospital, nursing home, home for the aged,
church or school unless the consent of the Fire Chief and the
owner or authorized representative of that facility has been
obtained.
8.13 No person shall store, handle or set off display fireworks in an unsafe
manner, or in a manner that creates a nuisance, taking into account the
noise, danger from fire and explosion, and risk of death, injury and
damage to property inherent in the storage, handling or use of such
fireworks.
8.14 A person who stores display fireworks shall use reasonable care to
ensure that those fireworks are not accessible to children.
8.15 Except where a permit has been issued for that purpose under section
8, no person shall set off display fireworks, into, in, or on any highway,
street, lane, alley, square or other public place.
8.16 A permit issued under this By-law is not transferable.
8.17 Where fireworks cannot be set off or displayed on the date provided in
a permit, by reason of weather or some other cause that in the opinion
of the General Manager or the Fire Chief is sufficient, the Fire Chief
may direct the issue of a new permit for some other date.
8.18 Where any holder of a permit fails or refuses to comply with a term or
condition to which the permit is subject, the General Manager or the Fire
Chief shall immediately revoke the permit and shall forthwith send a written
notice of that revocation to the permit holder.
8.19 The General Manager may require an applicant for a permit under this By-
law to provide such information as the General Manager considers
necessary or advisable in his or her reasonable judgment to make an
informed decision as to whether or not to grant a permit under this By-law,
and where that information is not provided in the form and manner required
by the Fire Chief, the Fire Department may refuse to issue that permit.
9.
Offences
Every person who contravenes any provision of this By-law is guilty of an offence,
and upon conviction, is liable to the penalties specified by Section 61 of the
Provincial Offences Act, R.S.O. 1990, Chapter P.33.
10.
Enforcement
10.1 The following persons are authorized to enforce this By-law:
(a)
the General Manager and every authorized by- law enforcement
officer for the City; and
(b)
the Fire Chief, the Chief Fire Prevention Officer, and each member
of the Fire Department designated as an Assistant to the Fire
Marshall; and
(c)
every police constable.
10.2 From time to time, the General Manager may approve all such forms as
may be contemplated under this By-law, including forms of permit and
applications for permit, and an applicant for any permit under this By-law
shall use the appropriate form of application and provide all information
required thereon.
11.
Pyrotechnics
11.1 No person, other than a person who holds a current and appropriate level
of certificate for the type, size, number and location of the pyrotechnic
materials in question for the type of pyrotechnic materials being used, shall
(a)
have in his or her custody or control, any pyrotechnic materials,
unless that person is,
(i)
a manufacturer, wholesaler or retailer of such materials who
holds all requisite licenses to act in that capacity, and the
materials in question are in that person's custody solely in
connection with that business; or
(ii)
lawfully carrying the pyrotechnic materials in transit through
the City, whether as a public carrier or as an employee of a
person described in sub-clause (i); or
(b)
perform or carry out any pyrotechnic display, special effects, event,
exhibition or operation.
11.2 Every pyrotechnic display, special effects, event, exhibition or operation
carried out in the City shall be performed or carried out safely, in
accordance with
(a)
prevailing best practice in the pyrotechnic trade, and
(b)
the specifications, recommendations or requirements, as the case
may be, set down in the Special Effects Pyrotechnic Manual as
issued and updated from time to time by the Explosives Regulatory
Division of the Department of Natural Resources Canada.
11.3 For the purposes of this section, "certificate" means a current certificate
issued by or under the authority of Natural Resources Canada.
12.
Miscellaneous
12.1 The following By-laws regulating the sale and display of fireworks and usage
of pyrotechnics are repealed:
(a)
By-law No. 79-128, of the former City of Hamilton;
(b)
By-law No. 90-198 of the former City of Hamilton;
(c)
By-law No. 3811-93 of the former City of Stoney Creek;
(d)
By-law No. 95-30 of the former Town of Ancaster,
(e)
By-law No. 4166-94, passed by the Corporation of the Town of
Dundas, namely "A By-law to Regulate the Sale and Use of
Fireworks",
and all amendments thereto.
12.2 This by-law comes into force and effect on the date of its passing and
enactment.
12.3 This by-law may be cited as the Fireworks By-law.
PASSED and ENACTED this 9th day of October, 2002 .
SCHEDULE "A"
Prohibited Fireworks
COMMODITY
DESCRIPTION
Cigarette loads or plugs Small explosive charges designed for insertion in cigarettes or
cigars which will cause them to explode after the victim takes a
few pulls.
Exploding matches
Resemble ordinary book matches and are designed to explode
after a certain delay, usually about the time they are in position
to light a cigarette.
Sparkling matches
Also resemble the normal book matches but send out a shower
of sparks.
Ammunition for
miniature tie clip,
cufflink or key chain
pistols
A violent type of blank ammunition made up for use as a
novelty.
Auto alarms or jokers
Supposedly designed as burglar alarms but are really for a
practical joke; when wired to the ignition system of a car they
operate with a loud screeching whistle followed by copious
emission of smoke and a loud explosion.
"Cherry" bombs, M- 80
and silver salutes and
flash crackers
Very violent firecrackers which annually cause serious injuries;
they are considered far too violent and contain an excessive
charge of a prohibited fireworks composition.
Throw-down and step-
on torpedoes, and
cracking balls
Small objects explode on impact; some of the latter are so
shaped and coloured as to look like children's breakfast cereal
or candy balls.
Exploding golf balls
Designed to explode and emits a cloud of smoke on impact.
Stink bombs and
smoke bombs
Often made to resemble cherry bombs and salutes; are used for
practical jokes (also prohibited from importation under
Memorandum D33- 1 Importation of Offensive Weapons).
Tear gas pens and
launchers
Resemble a pen, may contain a mechanism activated by an
explosive, and are supposedly for protection against muggers,
but are more commonly used as offensive weapons or as
practical jokes (also prohibited under Memorandum D33- 1).
Party poppers and table
bombs
Designed to project paper streamers or dispense party favours.
The smaller ones are made of coloured plastic, shaped like
champagne bottles.
Table rockets and
bottle skyrockets
Small fireworks designed to be launched from a table or a bottle
and bursting in a shower of sparks or a cloud of smoke.
Fake firecrackers and
other trick devices or
practical jokes
Any article which employs or stimulates an explosive or a
pyrotechnic for a trick or a joke.