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THE CORPORATION OF THE CITY OF MISSISSAUGA
Fireworks Licensing and Use
By-law 0182-2023
(Amended by By-laws 0210-2023, 0186-2025, 0037-2026)
WHEREAS section 121 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended (the
"Act"), provides that a local municipality may prohibit and regulate the sale of fireworks and the
setting off of fireworks;
AND WHEREAS section 11 of the Act grants authority to lower tier municipalities to pass
by-laws respecting business licensing;
AND WHEREAS section 151 of the Act provides that without limiting sections 9, 10, and
11 of the Act, a municipality may provide for a system of licenses with respect to a business;
AND WHEREAS Council of the Corporation of the City of Mississauga ("Council")
considers it desirable and necessary to enact a consolidated by-law in order to more effectively
regulate the sale and setting off of fireworks within the limits of the City of Mississauga;
AND WHEREAS Council wishes to repeal the Fireworks By-law 0293-2001 and repeal
the Outside Fireworks: Vendor Licensing By-law 0340-2001 and replace them with this
consolidated fireworks licensing and use by-law, as set out in the corporate report brought to the
October 11, 2023 Council meeting from the Commissioner of Corporate Services, dated
September 19, 2023 and entitled "Fireworks By-law Review";
AND WHEREAS Council wishes to repeal the fireworks-related provisions in the
Business Licensing By-law 0001-2006 and incorporate them into this consolidated fireworks
licensing and use by-law, as set out in the corporate report brought to the October 11, 2023
Council meeting from the Commissioner of Corporate Services, dated September 19, 2023 and
entitled "Fireworks By-law Review";
AND WHEREAS on October 25, 2023, Council adopted Resolution 0237-2023 to adjust
fines for fireworks offences in accordance with section 429(3) of the Act and establish
administrative penalties under the Licensing Administrative Penalty By-law 0135-2014 for
owning and operating an outdoor fireworks portable display unit without a licence;
AND WHEREAS on December 6, 2023, Council adopted General Committee
Recommendation GC-0580-2023 to, inter alia, amend the Fireworks Licensing and Use By-law
to update the fireworks classification terminology and make certain amendments to definitions,
prohibitions and penalties, as set out in the corporate report from the Commissioner of
Corporate Services, dated November 20, 2023 and entitled "Nuisance Gathering Enforcement;
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AND WHEREAS on October 22, 2025, the Council of The Corporation of the City of
Mississauga passed Resolution 0220-2025 approving General Committee Recommendations
GC-0474-2025 and GC-0475-2025 to amend Fireworks Licensing and Use By-law 0182-2023,
as amended;
AND WHEREAS on April 1, 2026, the Council of The Corporation of the City of
Mississauga passed Resolution 0069-2026 approving General Committee Recommendation
GC-0147-2026 to enact a by-law to amend Fireworks Licensing and Use By-law 0182-2023, as
amended, Golf Course By-law 0188-2005, Marina By-law 0187-2005, as amended, Municipal
Cemeteries By-law 0189-2005 and Parks By-law 0197-2020, as amended, to amend certain
provisions relating to fireworks;
NOW THEREFORE the Council of the Corporation of the City of Mississauga ENACTS
the following:
DEFINITIONS
1.
For the purposes of the By-law and the annexed schedules:
"Additional Fee" means a fee, in addition to the Licence fee, imposed by the
municipality on a business at any time during the term of the Licence for costs incurred
by the municipality attributable to the activities of the business;
"Administrative Fees" means a monetary penalty as set out in the City's Licensing
Administrative Penalty By-law for a contravention of a Designated By-law;
"Administrative Penalty" means a monetary penalty as set out in Schedules "A" and
"B" to the Licensing Administrative Penalty By-law for contravention of a Designated By-
law;
"Applicant" means a person applying for a new Licence or renewing a Licence under
this By-law;
"City" means The Corporation of the City of Mississauga;
"Class 7 Division 2 Fireworks" Definition deleted by By-law 0210-2023.
"Clerk" means the Clerk of the City of Mississauga or their duly appointed Deputy;
"Consumer Fireworks" means low hazard fireworks generally used for recreation that
are classified under type F.1 of the Explosives Regulations, and includes but is not
limited to showers, golden rain, fountains, volcanoes and snakes, and does not include
Novelty Devices; (0210-2023, 0186-2025)
"Council" means the Council of The Corporation of the City of Mississauga;
"Designated By-law" means a by-law or provision of a by-law that is designated under
the Licensing Administrative Penalty By-law or any other by-law, as a by-law or
provision of a by-law to which the Licensing Administrative Penalty By-law applies;
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"Designated Location" means an area or site approved by the City, in accordance with
paragraph 7(3) herein, used for the purpose of vending;
"Display Fireworks" means high hazard fireworks identified for professional use that
are classified under type F.2 of the Explosives Regulations and includes but is not
limited to, aerial shells, comets, cakes, waterfalls, bombshells, large wheels, barrages,
bombardos, mines and may include Firecrackers as defined by this By-law; (0210-2023,
0186-2025)
"Diwali" means the day during the Indian festival of lights where fireworks will be
permitted, the day of which will be confirmed by Director of Enforcement, or his/her
designate, through consultation with community groups;
"Explosives Act" means the Explosives Act, 1985, c. E-17, as amended, and any act or
regulations enacted from time to time in substitution therefor; (0210-2023)
"Explosives Regulations" means the Explosives Regulations, 2013, SOR/2013-211,
as amended, issued under the Explosives Act, and any regulations enacted from time to
time in substitution therefor; (0210-2023)
"Fire Chief" means the Chief of the municipality's Fire and Emergency Services
Division and includes any staff official acting on their behalf;
"Firecracker" means any class of Fireworks that explodes when ignited and does not
make any significant display or visible effect after the explosion but does not include
caps for toy guns;
"Fireworks" means a pyrotechnic device or a substance that is made, manufactured or
used to produce an explosion or detonation and includes Fireworks composition and
manufactured Fireworks as defined in the Explosives Regulations made pursuant to the
Explosives Act;
"Fireworks Operator Certificate" means the types of certificates that are required for
the use of Display Fireworks under the Explosives Regulations; (0210-2023)
"Fireworks Storage Unit" means a container, trailer or other movable storage unit
used for the storage of the Fireworks offered for sale to which the public is prohibited
and which has two (2) exits;
"Holiday" means:
(a)
the following statutory holidays: Canada Day and Victoria Day; and
(b)
Other days; Diwali, New Year's Eve and Lunar New Year;
"Individual" means a natural person and does not include a corporation, partnership or
association;
"Indoor Fireworks Retail Outlet" means a retail outlet that sells Fireworks from inside
a building or part thereof;
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"Inspector" Definition deleted by By-law 0210-2023.
"Licence" means the certificate issued by the Licence Manager under this By-law;
"Licensee" means any person licensed under this By-law;
"Licence Manager" means the Manager of the Compliance and Licensing Enforcement
Unit of the City's Enforcement Division and includes his or her designates or the
Manager of the Mobile Licensing and Enforcement Section of the City's Enforcement
Division and includes his or her designates, whichever applicable;
"Licensing Administrative Penalty By-law" means the City's Licensing Administrative
By-law 0135-2014, as amended (or its successor), being a by-law to establish a system
of administrative penalties respecting those who have failed to comply with any part of a
system of business licences established by the City;
"Licensing Section" means the Compliance and Licensing Enforcement Unit of the
City's Enforcement Division or the Mobile Licensing and Enforcement Section of the
City's Enforcement Division, whichever applicable;
"Lunar New Year" means the first day of the Lunar calendar, and for greater certainty
shall include the Chinese New Year, the day of which will be confirmed by Director of
Enforcement, or his/her designate, through consultation with community groups;
"Motor Vehicle" includes an automobile, truck, motorcycle and any other vehicle
propelled or driven otherwise than by muscular power but does not include a motorized
snow vehicle, motor-assisted vehicle or trailer;
"New Year's Eve" means December 31st;
"New Year's Day" means January 1st;
"Notice of Additional Fee" means a written notice from the Licence Manager to a
Licensee advising them of their requirement to pay an Additional Fee;
"Novelty Device" means a device, including sparklers, caps for toy pistols and party
poppers, that produces limited visible and audible effects, contains small amounts of
pyrotechnic or explosive composition, is classified as type F.5 explosive by the
Explosives Regulations, and is generally available for consumer purchase; (0186-2025)
"Officer" means persons authorized to undertake an inspection required for the
purposes of the enforcement of this By-law and includes by-law enforcement officers,
officers or employees (including the Fire Chief and fire inspectors) of the City, and
members of the Ontario Provincial Police and Peel Regional Police; (0210-2023)
"Operator" means any person who sells or offers for sale by retail, or displays or
exposes for the purpose of sale by retail any Outdoor Fireworks Portable Display Unit;
"Outdoor Fireworks Portable Display Unit" means a container, cart, trailer or other
movable display unit used for the purpose of sales by retail of Fireworks offered for sale
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but does not include a motorized vehicle and may also act as the fireworks storage unit
when sales by retail have concluded;
"Owner" means a person who alone or with others, owns and/or has ultimate control
over, and/or directs the operation of a business;
"Penalty Notice" means a notice given to a person pursuant to the City's Licensing
Administrative Penalty By-law for a contravention of a Designated By-law;
"Permit" means a permit issued by the City's Fire Chief or designate; (0186-2025)
"Person" or "person" includes any individual person, a corporation and its directors
and officers, a partnership, any other form of business or legal association or entity and
the heirs, executors, and administrators or other legal representatives of an individual
and their respective successors and assignees; (0210-2023)
"Premises" includes lands, and any fences, buildings, sheds or similar structures
situated thereon;
"Property Owner" means a Person who is the registered owner of a property, property
manager, tenant or any other Person who otherwise has rightful possession of or
possessory control of any property; (0210-2023)
"Public Fireworks Display" (0210-2023) Definition deleted by By-law 0186-2025.
"Pyrotechnic Effect Simulation Device or Equipment" means a device that uses a
chemical mixture, heat source, and the introduction of oxygen to initiate or maintain
combustion and is used to produce visible or audible effects by combustion, deflagration
or detonation. These devices or equipment are designed to create visual effects for
entertainment purposes, typically used in live performances, concerts, or private events
and include devices that produce sparks such as cold spark machines; (0186-2025)
"Roman candle" means a type of Fireworks classified as type F.1 in the Explosives
Regulations, generally a cylindrical tube, containing one or more pyrotechnic units, such
as shells or stars, including microstars, and other small effects that are ejected from the
tube and consist of alternating pyrotechnic composition, propellant charge and
transmitting fuse, intended for recreational use by the general public and typically sold
through retail outlets; (0186-2025)
"Sell" or "sell" includes display for sale, expose for sale or offer for sale; (0210-2023)
"Separation Barrier" means either a natural or man-made blockade which provides
adequate division between designated locations or an existing business selling similar
products to those of the vendor;
"Set off" or "set off" includes firing, igniting, exploding and setting off Fireworks; (0210-
2023)
"Special Effect Pyrotechnics" means explosives classified as type F.3 in the
Explosives Regulations and those classified as special effect pyrotechnics that are
made, manufactured or used to produce a pyrotechnic theatrical effect in connection
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with a motion picture, theater or television production, or as a performance before a live
audience. This includes Fireworks accessories (type F.4), black powder and hazard
category PE 1 black powder substitutes (type P.1), smokeless powder and hazard
category PE 3 black powder substitutes (type P.2), initiation systems (type I), detonation
cord (type E.1), low-hazard special purpose explosives (type S.1) and high-hazard
special purpose explosives (type S.2) and may include gerbs, mines, comets and
crossettes; (0186-2025)
"Zoning Certificate" means a certificate duly issued by the City approving the use for
which the Licence application has been made on the property where the business is
located.
LICENSING REQUIRED
2.
No person shall:
(a)
own an Outdoor Fireworks Portable Display Unit being operated in the City,
(b)
operate an Outdoor Fireworks Portable Display Unit in the City, or
(c)
sell by retail any Fireworks from inside a building or part thereof in the City
unless the person is licensed under this By-law.
3.
Where the licensed Outdoor Fireworks Portable Display Unit Owner is also the Operator,
an Outdoor Fireworks Portable Display Unit Operator's Licence will not be required.
4.
A person shall carry on business only in the name in which the business is licensed.
5.
No person shall publish or cause to be published any representation that the person is
licensed under this By-law if the person is not so licensed.
LICENSING SECTION
6.
The Licensing Section shall:
(1)
receive and process all applications for Licences and renewal of Licences;
(2)
issue all Licences when an application is made in accordance with the provisions
of this By-law and the attached Schedules, and meets all requirements under this
By-law and attached Schedules;
(3)
impose terms and conditions on a Licence where the Licence Manager is of the
opinion that a term or condition of a Licence should be imposed;
(4)
refuse to issue, renew a Licence or revoke or suspend a Licence, where the
Licence Manager is of the opinion that the Applicant is disentitled to a Licence
under section 23;
(5)
maintain complete records showing all applications received and Licences
issued;
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(6)
enforce the provisions of this By-law and attached Schedules; and
(7)
generally perform all the administrative functions conferred upon it by this By-law
and the attached Schedules.
APPLICATION FOR AN OUTDOOR FIREWORKS PORTABLE DISPLAY UNIT LICENCE
7.
(1)
An application for an Outdoor Fireworks Portable Display Unit Owner's Licence
shall be completed on the forms provided by the Licensing Section.
(2)
Each executed application for an Outdoor Fireworks Portable Display Unit
Owner's Licence shall be submitted to the Licensing Section and be
accompanied by:
(a)
the fee in the appropriate amount as set out in the applicable City User
Fees and Charges By-law;
(b)
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;
(c)
a letter of authorization including the following information from the
property owner where the Outdoor Fireworks Portable Display Unit is to
be located:
(i)
the name of the Outdoor Fireworks Portable Display Unit
Owner; and
(ii)
a plan of the private property showing the Designated Location on
the property where the Outdoor Fireworks Portable Display Unit
and Fireworks Storage Unit will be located; and
(iii)
the term for which the approval is granted by the property owner;
(d)
a certificate of insurance endorsed to provide both that the Mobile
Licence Manager will be given at least ten (10) days notice in writing prior
to any cancellation, expiration or change in the amount of the policy and
that the insured has policy coverage in respect to any one accident a third
party liability limit of at least $5,000,000; and
(e)
a certificate confirming that the Applicant has completed a training
program that has been approved by the Director of Enforcement or
his/her designate.
(3)
The Designated Location referred to in clause (2)(c)(ii) above shall only be
approved where:
(a)
The Designated Location is not within thirty (30) metres (98 feet) of any
intersection;
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(b)
The Designated Location is not within one hundred (100) metres (328
feet) of the entrance to any public park;
(c)
The Designated Location is not within one hundred (100) metres (328
feet) of the property line of any land occupied by a public, separate or
private school;
(d)
The Designated Location is not within five hundred (500) metres (1,640)
feet of another approved Designated Location except where there is a
separation barrier; and
(e)
The Designated Location is not within five hundred (500) metres (1,640)
feet of a business which sells to the public similar products and where a
Business Licence has been issued for the sale of the products as
required under the Business Licensing By-law.
8.
An Outdoor Fireworks Portable Display Unit Owner must make a separate application for
a Licence for each of the Designated Locations at which the Owner carries on business.
9.
(1)
An application for an Outdoor Fireworks Portable Display Unit Operator's Licence
shall be completed on the forms provided by the Licensing Section.
(2)
Each executed application for an Outdoor Fireworks Portable Display Unit
Operator's Licence shall be submitted to the Licensing Section and be
accompanied by:
(a)
a letter of potential employment for the Outdoor Fireworks Portable
Display Unit Owner for whom they will work;
(b)
the fee in the appropriate amount as set out in the applicable City User
Fees and Charges By-law; and
(c)
a certificate confirming that the Applicant has completed a training
program that has been approved by the Director of Enforcement or
his/her designate.
10.
Where an application for a Licence is refused, the fees paid pursuant to paragraph
7(2)(a) or 9(2)(b) shall be fully refunded.
11.
No individual shall be licensed under this By-law unless the individual is eighteen (18)
years of age or over.
APPLICATION FOR AN INDOOR FIREWORKS RETAIL OUTLET OWNER'S LICENCE
12.
(1)
An application for an Indoor Fireworks Retail Outlet Owner's Licence and an
application for the renewal of such a Licence shall be completed on the forms
provided by the Licensing Section.
(2)
Each executed application shall be submitted to the Licensing Section by the
Owner and be accompanied by:
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(a)
the fee in the appropriate amount as set out in the applicable City User
Fees and Charges By-law;
(b)
a Zoning Certificate indicating that the use for which the application has
been made is approved under the Zoning By-law as an approved use of
the premises;
(c)
if the owner 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; and
(d)
a certificate confirming that the Applicant has completed a training
program that has been approved by the Director of Enforcement or
his/her designate.
(3)
Notwithstanding paragraph 12(2)(b), where an application is made for the
renewal of a Licence and where a Zoning Certificate has been received
approving the use of the property for that which the renewal application has been
made, no new Zoning Certificate is required.
(4)
Notwithstanding paragraph 12(2)(b), where an application is made for a new or
the renewal of a Licence and where a Zoning Certificate has been issued based
upon the use being approved by a Committee of Adjustment Decision, the
Zoning Certificate is subject to all conditions and restrictions imposed by the
Committee of Adjustment on the use, including the term that the use is permitted,
and upon expiry of the term, as permitted by the Committee of Adjustment, the
Zoning Certificate shall no longer be valid.
(5)
Notwithstanding paragraph 12(2)(c), where a corporation applies for a renewal of
a Licence and there has been no change in the officers or directors of the
corporation, only a copy of the last annual information filed must be submitted by
the Owner with the Owner's executed application.
(6)
Where an application for a Licence or for renewal of a Licence is refused, the fee
paid pursuant to paragraph 12(2)(a) shall be fully refunded.
(7)
Notwithstanding the above, no refund shall be made where an Additional Fee
imposed pursuant to this By-law remains outstanding at the time of renewal and
where the Additional Fee is equal to or greater than the Licence renewal fee,
except where the outstanding Additional Fee is less than the renewal fee for the
Licence, the Applicant shall be refunded the difference between the renewal fee
and the Additional Fee outstanding.
(8)
An Owner must obtain a separate Licence for each of the premises at which the
Owner carries on business.
(9)
No individual shall be licensed under this By-law unless the individual is eighteen
(18) years of age or over.
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(10)
Notwithstanding this section 12 or any other Licence application requirement set
out in this By-law, the Licence Manager may accept a variation or alternative to
one or more of the Licensing application requirements where the Licence
Manager is of the opinion that such is necessary for purposes of administering
this By-law.
LICENCE ON TERMS AND CONDITIONS
13.
(1)
Notwithstanding any other provisions of this By-law, the Licence Manager may
impose terms and conditions on any Licence at issuance, renewal or any time
during the Licence period, including special conditions, as are necessary to give
effect to this By-law and may include, but are not limited to, conditions restricting
the hours of business other than those set out in this By-law and the attached
Schedules or conditions that the business Owner have employees in attendance
at the business location during the hours of operation to ensure public safety and
comfort and compliance with this By-law.
(2)
Notwithstanding any other provisions of this By-law, the Licence Manager may
impose Additional Fees on a Licensee, by way of a Notice of Additional Fee at
any time during the term of the Licence for costs incurred by the municipality
attributable to the activities of the Licensee.
(3)
The Notice of Additional Fee shall be sent to the Licensee by Registered Mail
and shall provide the Licensee with sixty (60) days to pay the outstanding
amount from the date of such Notice.
INSPECTION
14.
On receipt of an application for a Licence or as a condition of the continuation of a
Licence, the Officer may, at any reasonable time make an inspection to ensure that all
the provisions of this By-law and the appropriate Schedules have been satisfied. (0210-
2023)
15.
Upon an inspection under section 14, the Officer is entitled to inspect all books of
account, vouchers, correspondence and the records of the person being inspected
relevant to the purposes of the inspection. (0210-2023)
16.
No person shall obstruct the person inspecting or withhold, destroy, conceal or refuse to
furnish any information or thing required by the Officer. (0210-2023)
DISPLAY OF LICENCE AND BY-LAW
17.
(1)
Every Owner shall prominently display the Licence and a copy of this Fireworks
Licensing and Use By-law at the licensed premises at all times and shall produce
the Licence upon request by the Licence Manager or an Officer. (0210-2023)
(2)
Where the Licensee does not have a licenced premises, the Licensee shall carry
the Licence at all times when the Licensee is engaged in the activity for which the
Licence has been issued and shall produce the Licence upon request by the
Licence Manager, an Officer or peace officer. (0210-2023)
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LICENCE NON-TRANSFERABLE
18.
A Licence issued under this By-law is not transferable.
TERM OF LICENCE
19.
Every Licence expires on the expiry date set out in Schedule 1 to this By-law.
NOTIFICATION OF CHANGES
20.
(1)
Every Licensee shall notify the Licensing Section in writing within seven (7) days
after the event of;
(a)
any change in the Licensee's address;
(b)
any change in number or composition of officers, or directors, if a
corporation, or in partners, if a partnership;
(c)
the names and addresses of officers and directors, the location of the
corporate head office and/or change of ownership of shares, if a
corporation; or
(d)
any change in business name.
(2)
Where a change of business name or the Licensee's address has occurred and
notification has been made in accordance with subsection (1) of this section,
every Licensee shall return the Licence immediately to the Licensing Section for
amendment.
21.
Every Outdoor Fireworks Portable Display Unit Operator shall notify the Licensing
Section in writing within seven (7) days after the event of a change in the Owner that
they are operating for.
22.
No person to whom a Licence has been issued under this By-law shall alter, erase or
modify or permit the alteration, erasure or modification of that Licence or any part
thereof, unless approved by the Licence Manager.
GROUNDS FOR REFUSAL TO ISSUE OR TO RENEW A LICENCE
23.
An Applicant whose application meets all the requirements of this By-law and its
Schedules is entitled to a Licence or the renewal of a Licence except where:
(a)
there are reasonable grounds to believe that any application or any other
document provided to the Licensing Section by or on their behalf contains a false
statement or provides false information; or
(b)
the past or present conduct of the Applicant, or of any partner, in the case of an
Applicant which is a partnership, or of any director or officer of the corporation, if
the Applicant is a corporation, affords reasonable grounds to believe that the
business in respect of which the application is made will not be carried on in
accordance with the law and with integrity and honesty; or
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(c)
the financial position of the Applicant affords reasonable grounds to believe that
the business will not be carried on in a financially responsible manner; or
(d)
there are reasonable grounds to believe that the Applicant does not meet all the
requirements of this By-law or any other applicable City By-law, or that the
business is carried on or intended to be carried on in an area of the City where
such business is prohibited by this By-law, or in respect of which the issuing of a
Licence in respect of the business is not permitted by this By-law; or
(e)
the Applicant has failed to pay a fine or fines imposed by a court as a sentence
arising from convictions for breach of a by-law enacted by the City; or
(f)
the Applicant has failed to pay an Administrative Penalty imposed by the City
arising from a contravention of a Designated By-law; or
(g)
any Additional Fee imposed on a Licensee remains unpaid after the due date as
indicated in the Notice of Additional Fee sent to the Licensee; or
(h)
there are reasonable grounds to believe that the equipment, vehicles and other
personal property used in connection with the carrying on of or engaging in the
business licensed hereunder is dangerous or unsafe; or
(i)
the fee payable in respect of the Licence applied for has not been paid.
24.
Council may refuse to issue a Licence or revoke a Licence where the Applicant is
disentitled to a Licence under section 23 or on such grounds as are in the discretion of
Council.
THE LICENCE MANAGER'S POWER TO REFUSE TO ISSUE, RENEW A LICENCE OR
REVOKE OR SUSPEND A LICENCE
25.
(1)
The powers and authority to refuse to issue or renew a Licence, to cancel,
revoke or suspend a Licence, or to impose terms and conditions on a Licence,
are hereby delegated to the Licence Manager and his or her delegates.
(2)
Where the Licence Manager is of the opinion that:
(a)
an application for a Licence or renewal of a Licence should be refused,
(b)
a reinstatement should not be made;
(c)
a Licence should be revoked
(d)
a Licence should be suspended, or
(e)
a term or condition of a Licence should be imposed,
he or she shall make that decision.
(3)
After a decision is made by the Licence Manager, written notice of that decision
shall be given to the Applicant or Licensee advising the Applicant or Licensee of
the Licence Manager's decision with respect to the application or Licence.
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(4)
The written notice to be given under subsection (3), shall:
(a)
set out the grounds for the decision;
(b)
give reasonable particulars of the grounds;
(c)
be signed by the Licence Manager; and
(d)
indicate the final date for giving notice of appeal from the decision.
(5)
No person shall be permitted to re-apply for a Licence or a renewal of a Licence
within one year after the date of the Licence Manager's decision to refuse to
issue, renew or revoke a Licence pursuant to this by-law, or if such decision was
appealed and the decision was upheld on appeal, from the date of the decision
on the appeal.
APPEAL
26.
(1)
An Applicant or Licensee who has been served with notice of a decision under
subsection 25(3) may appeal to the Mississauga Appeals and Property
Standards Committee by sending a notice of appeal to the Committee
Coordinator within seven (7) days after being served with notice of the decision
and paying the appeal fee as set out in the applicable User Fees and Charges
By-law.
(2)
A decision that is not appealed within the time referred to in subsection (1) shall
be final.
(3)
An appeal under subsection (1) shall be commenced by a notice of appeal in
such form as is required by the rules of the Mississauga Appeals and Property
Standards Committee or if no such rule applies, in a written form setting out the
reasons for the appeal.
RETURN OF LICENCE AFTER REVOCATION OR SUSPENSION
27.
(1)
When a Licence has been revoked, deemed unrenewable, cancelled or
suspended, the holder of the Licence shall return the Licence to the Licensing
Section within twenty four (24) hours of service of written notice of the decision of
the Licence Manager or, where an appeal has been filed, the decision on appeal
and, the Licence Manager, may enter upon the business Premises of the
Licensee for the purpose of receiving, taking, or removing the said Licence.
(2)
When a person has had his Licence, revoked or suspended under this By-law, he
or she shall not refuse to deliver up or in any way obstruct or prevent the Licence
Manager from obtaining the Licence in accordance with subsection (1).
CANCELLATION OF A LICENCE
28.
Any Licence issued under this By-law may be cancelled at any time upon the written
request of the Licensee.
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ORDER TO COMPLY
29.
Where a Licensee has contravened any provisions of this By-law, or its Schedules the
Officer may: (0210-2023)
(a)
serve a written notice on the Licensee, advising of the contravention and directing
compliance; or
(b)
direct in a written order that a thing or matter is required to be done and in default
of such matter or thing being done, the matter or thing will be done at the
Licensee's expense by the City and that the City will recover the expense by
action or in like manner as municipal taxes.
NOTICE
30.
(1)
Any notice or order required to be given or served under this By-law is sufficiently
given or served if delivered personally or sent by registered mail, addressed to
the person to whom delivery or service is required to be made at the last address
for service appearing on the records of the Licensing Section.
(2)
Where service is made by registered mail, the service shall be deemed to be
made on the seventh (7th) day after the date of mailing, unless the person on
whom service is being made establishes that they did not, acting in good faith,
through absence, accident, illness, or other cause beyond their control, receive
the notice or order until a later date.
(3)
A Penalty Notice shall be given and/or served in accordance with the Licensing
Administrative Penalty By-law.
USE OF FIREWORKS
31.
No person shall set off, or cause or permit the setting off of, any Fireworks on any public
street or roadway within the City at any time. (0210-2023)
31.1. No person shall set off, and no Property Owner shall cause or permit the setting off of,
Fireworks within the City: (0210-2023)
(1)
in, on or into any building, structure, or motor vehicle;
(2)
within 100 metres of any place where explosives, gasoline or other highly
flammable substances are sold or stored; and
(3)
in a manner that may create a nuisance or an unsafe condition, risk of fire or
injury or damage to any person or property.
31.2
No person shall fail to clean up debris or casings after setting off Fireworks; (0037-2026)
32.
(1)
No person shall set off, and no Property Owner shall cause or permit the setting
off of, any Consumer Fireworks within the City except: (0210-2023)
(a) on a Holiday, excluding New Year's Eve, from 6:00 p.m. until 10:00 p.m.; or
(0186-2025)
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(b) on New Year's Eve, from 11:00 p.m. until 1:00 a.m. on New Year's Day.
(0186-2025)
(c) Deleted by By-law 0186-2025.
(2)
No person permitted to set off Consumer Fireworks according to subsection
32(1) of this By-law shall do so except: (0210-2023, 0186-2025)
(a) on property where they are the registered owner; or (0186-2025)
(b) on property where they have obtained written consent from the registered
owner of the property.(0186-2025)
(3)
In the event of rain on a Holiday in such amount that it is impractical to set off
Consumer Fireworks, the next day following a Holiday, as the case may be, shall
be considered to be the Holiday. (0210-2023)
32.1
Notwithstanding Section 32, no person shall possess, distribute or set off Roman
candles or cause or permit Roman candles to be possessed, distributed or set off in the
City. (0186-2025)
33.
No person shall set off, and no Property Owner shall permit the setting off, of Display
Fireworks or Special Effect Pyrotechnics within the City, except on property where they
are the registered owner or on property where they have obtained written consent from
the registered owner of the property, and unless: (0210-2023, 0186-2025)
(1)
they have a valid Fireworks Operator Certificate issued by the Explosives
Regulatory Division of Natural Resources Canada;(0186-2025)
(2)
they have received a Permit; (0186-2025)
(3)
they set off the Display Fireworks or Special Effect Pyrotechnics only on the
day or days and within the permitted times specified on the Permit; and (0186-
2025)
(4)
they set off the Display Fireworks or Special Effect Pyrotechnics only at the
location specified on the Permit. (0186-2025)
33.1. Section deleted by By-law 0186-2025. (0210-2023)
33.2
No person shall use, or permit to be used, a Pyrotechnic Effect Simulation Device or
Equipment at an event for the gathering of persons for civic, political, travel, religious,
social, educational, recreational or like purposes or for the consumption of food or drink
within the City unless: (0186-2025)
(1)
they have received a Permit; (0186-2025)
(2)
they use the Pyrotechnic Effect Simulation Device or Equipment only on the
day or days and within the permitted times specified on the Permit; and (0186-
2025)
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(3)
they use the Pyrotechnic Effect Simulation Device or Equipment only at the
location specified on the Permit. (0186-2025)
34.
Section deleted by By-law 0186-2025. (0210-2023)
34.1. Section deleted by By-law 0186-2025. (0210-2023)
PENALTY
35.
(1)
Every person who contravenes any provision of this By-law, and every director or
officer of a corporation who concurs in such contravention by the corporation, is
guilty of an offence and is liable to a fine and any other penalties imposed
pursuant to the Provincial Offences Act, R.S.O. 1990, c. P-33, and the Municipal
Act, 2001, as each may be amended from time to time.
(2)
Any person who is charged with an offence under this By-law by the laying of an
information under Part III of the Provincial Offences Act, R.S.O. 1990, c. P-33
and is found guilty of the offence is liable, pursuant to the Municipal Act, 2001, to
the following fines:
(a)
a minimum fine of $500 and a maximum fine not exceeding $100,000;
(b)
in the case of a continuing offence, for each day or part of a day that the
offence continues, a minimum fine of $500, and a maximum fine not
exceeding $10,000, and the total of all daily fines for the offence is not
limited to $100,000; and
(c)
in the case of a multiple offence, for each offence included in the multiple
offence, a minimum fine of $500, and a maximum fine not exceeding
$10,000, and the total of all fines for each included offence is not limited
to $100,000.
(3)
An offence under this By-law may constitute a continuing offence or a multiple
offence as set out in the Municipal Act, 2001.
(4)
Every person who contravenes the designated provisions of this By-law as set
out in the City's Licensing Administrative Penalty By-law shall, when given a
Penalty Notice, be liable to pay to the City an Administrative Penalty in the
amount specified in the City's Licensing Administrative Penalty By-law, and shall
be liable to pay to the City Administrative Fees pursuant to the City's Licensing
Administrative Penalty By-law, and shall follow the procedures for payment or
review/appeal as outlined in the City's Licensing Administrative Penalty By-law.
35.1
Every person who is convicted of an offence under this By-law may be liable, in addition
to the fines established under subsection 35(2)(a), to a special fine, which may exceed
$100,000, designed to eliminate or reduce any economic advantage or gain from
contravening this By-law. (0210-2023)
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VALIDITY
36.
(1)
If a Court of competent jurisdiction declares any section or part of a section of
this By-law invalid, it is the intention of Council that the remainder of the By-law
shall continue to be in force.
(2)
The Schedules attached to this By-law shall form part of this By-law.
INTERPRETATION
37.
In this By-law, unless the context otherwise requires, words imparting the singular
number shall include the plural, and words imparting the masculine gender shall include
the feminine and further, the converse of the foregoing also applies where the context so
requires.
SHORT TITLE
38.
This By-law may be referred to as the Fireworks Licensing and Use By-law.
BY-LAW REPEAL AND ENACTMENT
39.
The Fireworks By-law 0293-2001 is repealed effective at the end of November 30, 2023,
immediately before the time this By-law comes into force and effect.
40.
The Outside Fireworks: Vendor Licensing By-law 0340-2001 is repealed effective at the
end of November 30, 2023, immediately before the time this By-law comes into force
and effect.
41.
This By-law shall come into force on December 1, 2023.
ENACTED and PASSED this 10th day of November, 2023.
Signed by Chris Fonseca, Acting Mayor and Sacha Smith, Acting Clerk.
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SCHEDULE 1
Licence Expiry Dates
1.
The Outdoor Fireworks Portable Display Unit Owner's and Operator's Licences issued
pursuant to this By-law shall be valid, subject to the other provisions of this By-law, for a
period of ten (10) days immediately preceding, and exclusive of, a Holiday for which the
Licensee has paid the applicable fee. (0186-2025)
2.
The Indoor Fireworks Retail Outlet Owner's Licence issued pursuant to this By-law shall
also be valid, subject to the other provisions of this By-law, for a period of ten (10) days
immediately preceding, and exclusive of, a Holiday for which the Licensee has paid the
applicable fee. (0186-2025)
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SCHEDULE 2
Sale of Fireworks from an Outdoor Fireworks Portable Display Unit
1.
Every application for a Licence made under this By-law and this Schedule shall be
accompanied by a description of the Fireworks to be sold.
2.
Where the Outdoor Fireworks Portable Display Unit is a trailer, a current provincial
permit for the trailer issued and in good standing from the Ministry of Transportation of
Ontario shall be supplied.
3.
Every Owner and Operator licensed under this By-law and this Schedule shall ensure
that:
(1)
No Smoking signs are posted on the Outdoor Fireworks Portable Display Unit
and the Fireworks Storage Unit;
(2)
The Fireworks Storage Unit is not located within fifteen (15) metres of any public
roads or within thirty (30) metres of any inhabited buildings;
(3)
There shall be an area of at least fifteen (15) metres in radius surrounding the
Fireworks storage Unit that is properly cordoned off to prohibit access by the
public with motorized vehicles;
(4)
The public are not permitted within thirty (30) metres of the Fireworks Storage
Unit;
(5)
A minimum of one (1) 6A:80B:C or up to three (3) 10lb A.B.C. rated fire
extinguishers are available for the Owner and each Operator in attendance
during the time sales are taking place;
(6)
No Fireworks are sold to anyone under the age of eighteen (18) years;
(7)
On the day of a Holiday, no Fireworks are sold; (0186-2025)
(8)
No Firecrackers are sold;
(9)
The Outdoor Fireworks Portable Display Unit and Fireworks Storage Unit are set
up and operated only at the Designated Location indicated on their Licence; and
(10)
No Fireworks are sold to any person without first providing the person with
fireworks safety information, in a form as approved by the Licence Manager.
(11)
Fireworks are sold only during the ten (10) calendar days preceding a Holiday,
excluding the day of a Holiday; (0186-2025)
(12)
No Roman candles are sold; (0186-2025)
(13)
a current registry of Fireworks inventory and sales is maintained and submitted
as follows: (0186-2025)
(a) the inventory portion shall be submitted to the City at the time of application
for a Licence and at any other time, as requested by the City; (0186-2025)
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(b) the sales portion of the registry shall be submitted to the City on an annual
basis and at any other time, as requested by the City. (0186-2025)
4.
No licensed Outdoor Fireworks Portable Display Unit shall use the services of an
unlicensed Operator.
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SCHEDULE 3
Sale of Fireworks from an Indoor Fireworks Retail Outlet
1.
Every application for a Licence made under this By-law and this Schedule shall be
accompanied by:
(1)
A Zoning Certificate issued by the City of Mississauga Planning and Building
Department, certifying that retail sales are permitted at the location; and
(2)
A letter from the Fire Chief or designate stating that an inspection has been
conducted of the location, quantities and manner in which the Fireworks will be
stored and displayed and that they are in compliance with the provisions of the
Fire Protection and Prevention Act, S.O. 1997, c. 4, as amended; and the Fire
Code, O. Reg. 213/07.
2.
No person licenced under this By-law and this Schedule shall:
(1)
Sell Fireworks to anyone under the age of eighteen (18) years;
(2)
Sell Firecrackers or restricted pyrotechnic devices;
(3)
Sell or display any Fireworks outside of the building or part thereof;
(4)
Sell Fireworks at any time during the year except for either:
(a)
ten (10) days immediately preceding and exclusive of a Holiday, for which
the Licensee has paid the applicable fee; or (0186-2025)
(b)
on a date set out on a Permit. (0186-2025)
(5)
Sell Fireworks on the day of a Holiday; (0186-2025)
(6)
Display any Fireworks in any display window except where the Fireworks do not
contain any explosive or chemical material;
(7)
Store or sell any Fireworks not in conformity with all other applicable legislation
or requirements; and
(8)
Sell Fireworks to a person without first providing the person with fireworks safety
information, in a form as approved by the Licence Manager.
(9)
Sell Roman candles. (0186-2025)
3.
Every Owner licensed under this By-law and this Schedule shall maintain, and submit to
the City, a current registry of Fireworks inventory and sales as follows: (0186-2025)
(a) the inventory portion shall be submitted to the City at the time of application for a
Licence and at any other time, as requested by the City; (0186-2025)
(b) the sales portion of the registry shall be submitted to the City on an annual basis and
at any other time, as requested by the City. (0186-2025)