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The Corporation of the Township of McMurrich/Monteith
BY-LAW NUMBER 23 -2019
Being a by law regulating the setting off of Fireworks
WHEREAS Section 121, Subsection (a) of the Municipal Act, 2001, S.O. 2001, c.25 as amended, provides
that a local municipality may prohibit and regulate the setting off of Fireworks;
AND WHEREAS Section 121, Subsection(b) of the Municipal Act, 2001 S.O. 2001,c25, as amended,
provides that a municipality may prohibit the setting off Fireworks unless a permit is obtained from the
municipality for those activities and may impose conditions for obtaining, continuing to hold and renewing
a permit, including requiring the submission of plans.
NOW THEREFORE the Council for the Township of McMurrich/Monteith hereby ENACTS AS FOLLOWS:
Title
This By-law shall be known and may be cited as the "Fireworks By-Law". In the text of the By-law, it is
referred to as "this By-Law".
1. DEFINITIONS
In this By-law:
1.1 "Chief Fire Official" means Assistant to the Fire Marshall who is the Municipal Fire Chief, the
Fire Prevention Officer or a member or members of the fire department appointed by the
Municipal Fire Chief under Subsection 1.1.8 of the Ontario Fire Code,1997.
1.2 "Consumer Fireworks" means outdoor low hazard fireworks generally used for recreational
purposes such as showers, fountains, golden rain, Roman candles, volcanoes, sparklers and caps
for toy guns. These Fireworks are purchased by general public at stores; ie. General stores,
convenience stores and gas stations
1.3 "Display Fireworks" means high hazard fireworks generally used for community celebrations
such as bombshells, aerial shells, large wheels and bombardons. These fireworks are
purchased by Licensed Technicians as outlined is Section 5.2.
1.4 "Firecracker" means a class of fireworks which when ignited explodes with little or no visual
effect, but does not include caps for toy guns or Christmas crackers.
1.5 "Mini Lantern" means a small hot air balloon made of a lightweight fire-resistant material,
fueled by a slow burning open flame and are also known as sky lanterns, Chinese lanterns,
paper lanterns, wish lanterns, etc.
1.6 "Officer" means a Municipal Law Enforcement Officer, Police Officer, or Chief Fire Official or
designate.
1.7 "Owner" means any person, firm or corporation having control over any portion of the
building or property under consideration and includes the persons in the building or property.
1.8 "Township" means The Township of McMurrich/Monteith.
2. GENERAL
2.1 No person shall set off any fireworks when a fire ban is in effect.
2.2 No person shall use Mini Lanterns within the boundaries of The Township of
McMurrich/Monteith.
3. CONSUMER FIREWORKS
3.1 No Person shall set off any consumer Fireworks in a manner that might create a danger to any
person or property; and for greater clarity setting off consumer Fireworks not in compliance
with the manufacturer's specifications shall be deemed to be one whereon the setting of
Fireworks might create a danger.
3.2 No Person shall set off consumer Fireworks in, on or into a building, structure or automobile.
3.3 No person shall set off any consumer Fireworks on or into a highway, street, lane, boulevard,
roundabout, or private roadway.
3.4 No Person shall set off consumer Fireworks on or into any land used for school purposes.
3.5 No person shall set off consumer Fireworks 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
Township or any of there boards or agencies, without first having obtained permission from
the Chief Fire Official, Fire Prevention Officer or designate.
3.6 No Person shall set off consumer Fireworks without limiting the generality of the foregoing,
on any land whatsoever, except on land belonging to a person setting off the Fireworks, or on
other privately owned land where the consent of the owner has been obtained.
3.7 No person shall set off fireworks without a daily fire permit, seasonal fire permits are not
allowed for fireworks.
4. FIRECRACKERS
4.1 No person shall set off any Firecrackers.
5. DISPLAY FIREWORKS/PYROTECHNIC SPECIAL EFFECTS
5.1 No person shall hold a display of or set off Display Fireworks/Pyrotechnic Special Effects on
any day or days without the approval from the Chief Fire Official.
5.2 Only persons who hold a valid certificate, for such, issued by the Explosives Regulatory
Division of Natural Resources Canada are eligible to request approval to display or set off
Display Fireworks/Pyrotechnic Special Effects.
5.3 Application for approval shall be submitted no less than ten (10) working days ( Saturdays,
Sundays, Statutory Holidays and days on which the Township's Fire Department Office is
closed are excluded) prior to the proposed event and shall include the following information:
(a) A site plan drawn to approximate scale showing direction of firing, positioning of ramps
and mortars, significant ground features, public right of ways, buildings and / or
structures, overhead obstructions, parking areas etc.
(b) A statement of intent describing the event including the time of schedule of events,
attendance estimates, details on the type, size and number of fireworks to be used, firing
procedures, emergency response procedures.
(c) Written permission from the owner where the display is to be held and any neighbouring
land on which debris might fall.
5.4 The Chief Fire Official has absolute discretion in granting approval except in any buildings
within the Township where any display or setting off of fireworks shall be expressly prohibited
and may solicit additional information from the applicant to complete an accurate assessment
of the request.
5.5 The Fire Chief may impose conditions for approval as he/ she considers necessary to ensure
the safety of the public.
6. ENTRY AND INSPECTION
6.1 An officer may at any time, enter onto lands to determine whether this By-law is being
complied with.
6.2 Every owner shall permit the Officer to inspect any land for the purposes of determining
compliance with this By-law.
6.3 Notwithstanding any provision of this By-law, an Officer shall not enter or remain in any room
or place actually being used as a dwelling, unless:
(a) The consent of the occupier is obtained, the occupier first having been informed that the right
of entry may be refused and, if refused, may only be made under the authority of a warrant issued
under the Provincial Offences Act, R.S.O. 1990, as amended.
(b) A warrant is issued under the Provincial Offences Act, RSO. 1990, as amended is obtained.
7. OBSTRUCTION
7.1 No person shall hinder or obstruct, or attempt to hinder or obstruct, any officer exercising a
power or performing a duty under this By-law.
7.2 Any person who has been alleged to have contravened any of the provisions of this By-law,
shall identify themselves to the Officer upon request, failure to do so shall be deemed to have
obstructed or hindered the Officer inn the execution of his duties
8. FEES
8.1 The cost of obtaining a permit shall be as set out in the Township of McMurrich/Monteith's
Fee Schedule By-law, as amended.
8.2 Upon the Fire Department attending to extinguish a fire that is as a result of the setting off of
Fireworks not in accordance with any section of this By-law, the owner will be responsible to
pay the fees as set out in Schedule "B" of this Bylaw.
9. PENALTY
9.1 Any person who contravenes any of the provisions of this By-law is guilty of an offence and
upon conviction is liable to a fine provided for in the Municipal Act, 2001, S.O. 2001, c. 25, as
amended and as provided for by s. 61 of the Provincial Offences Act, R.S.O. 1990, c. P 33
9.2 Every person who is guilty of an offence under this by-law may, if permitted under the
Provincial Offences Act, pay a set fine and the Chief Judge of the Ontario Court (Provincial Division)
shall be requested to establish, pursuant to the Provincial Offences Act, set fines in accordance
with Schedule "A" of this By-law.
10. ADMINISTRATION AND ENFORCEMENT
10.1 An Officer is hereby vested with the authority of enforcing the provisions of this By-law.
10.2 Any permit issued under this By-law may be revoked if in the opinion of the Chief Fire Official,
Fire Prevention Officer or designate, or the Municipal Law Enforcement Officer the user is in
contravention of this By-law.
11. VALIDITY AND SEVERABILITY
11.1 Every provision of this By-law is declared to be severable from the remainder and if in any
provision of this By-law shall be declared invalid in court of competent jurisdiction such
declaration shall not affect the validity of the remainder.
12. EFFECTIVE DATE
12.1 This By-law shall come into full force and take effect on the date of passing.
READ A FIRST & SECOND TIME this 3rd day of September, 2019
READ A THIRD TIME and PASSED this 3rd day of September, 2019
_Original Signed by______________
__Original Signed by_____________
Reeve
Clerk/Treasurer
The Corporation of the Township of McMurrich/Monteith
SCHEDULE "A"
Bylaw 23 -2019: FIREWORKS BY-LAW
SET FINE AMOUNTS
Provincial Offences Act - Part 1
ITEM
SHORT FORM WORDING
PROVISION CREATING
OR DEFINING OFFENCE
SET FINE
1
Set off fireworks when a fire ban
is in effect
2.1
$300.00
2
Use of Mini Lanterns within the
boundaries of the Township of
McMurrich/Monteith
2.2
$300.00
3
Set off any fireworks except
between dusk and 11:00 p.m.
3.1
$300.00
4
Set off fireworks without a daily
Fire Permit
3.7
$300.00
5
Set off of Firecrackers
4.1
$300.00
6
Hold a display of
Fireworks/Pyrotechic without
the Approval
5.1
$300.00
7
Hinder or Obstruct, any Officer
performing a duty under this By-
law
7.1
$300.00
The Penalty provision for the offences indicated above is Section 9
The Corporation of the Township of McMurrich/Monteith
SCHEDULE "B"
Bylaw 23 -2019: FIREWORKS BY_LAW
EMERGENCY FIRE FIGHTING SERVICE CHARGES
1
$300.00
For each Fire Department vehicle attending for the first hour or part
thereof
2
$300.00
For each Fire Department vehicle attending for every additional half
hour or part thereof
3
$300.00
For responding to a call where services are not required