This is the exact embedded text of the captured official document.
Snapshot 3be672fdf8f8 · verified 2026-08-23 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Consolidated By-law 59-2014
of The Corporation of the City of Oshawa
This consolidated by-law is made available for information and convenience purposes only.
For accuracy, By-law 59-2014 along with amending By-laws 36-2019, 96-2019, 49-2021,
41-2024, and 85-2024 should be reviewed.
Being a by-law to repeal and replace By-law 103-73 (the "Fireworks By-law").
Whereas the Municipal Act, 2001, S.O. 2001, c. 25, as amended, authorizes
municipalities to prohibit the setting off of fireworks without a permit and to impose
conditions for obtaining, continuing to hold and renew a permit, including the submission
of plans; and,
Whereas the Municipal Act, 2001, S.O. 2001, c. 25, as amended, also provides that
municipalities may pass by-laws for the health, safety and well-being of Persons; and,
Whereas the Council of The Corporation of the City of Oshawa desires to regulate the sale,
possession and discharge of fireworks within the City of Oshawa.
Therefore the Council of The Corporation of the City of Oshawa enacts as follows:
1.
SHORT TITLE
1.0
This by-law may be cited as the "Fireworks By-law".
2.
INTERPRETATION
2.0
In this by-law:
"Building" means any structure used or intended for supporting or sheltering any
use or occupancy.
"Chief Fire Official" means the Fire Chief, the Deputy Fire Chief, the Chief Fire
Prevention Officer, Fire Prevention Captain, and any Fire Prevention Inspector
within Oshawa Fire Services. (41-2024)
"City" means The Corporation of the City of Oshawa.
"Consumer Fireworks" mean fireworks that are low hazard and classified under
Type F.1 under the Explosives Regulations, 2013 (SOR/2013-211), as may be
amended from time to time. These fireworks are designed for outdoor recreational
use by members of the public and include, but are not limited to, Roman candles,
sparklers, fountains, wheels, volcanoes and snakes." (41-2024)
"Council" means the Council of the Corporation of the City of Oshawa.
"Discharge", when used in relation to Fireworks, includes firing, igniting, exploding
and setting off Fireworks.
"Display Fireworks" means high hazard fireworks as defined under the Explosives
Act generally used for recreation such as rockets, serpents, shells, bombshells,
tourbillons, maroons, large wheel, bouquets, barrages, bambardos, waterfalls,
batteries, illumination, set pieces and pigeons.
"Explosives Act" means the Explosives Act, R.S.C. 1985, c. E-17, and the
regulations thereto, as may be amended from time to time.
"Fireworks" means Consumer Fireworks, Display Fireworks and Pyrotechnic
Special Effects.
"Fireworks Discharge Permit" means an authorization under this By-law to
Discharge Consumer Fireworks, Display Fireworks or Pyrotechnic Special Effects.
(85-2024)
"Fireworks Sales Permit" means a Permit issued under this By-law to sell
Consumer Fireworks.
"Fireworks Supervisor" means a Person who is qualified under the Explosives Act
to Discharge Display Fireworks and Pyrotechnic Special Effects.
"Officer" means a Municipal Law Enforcement Officer appointed to enforce the by- laws
of the City and/or a Fire Prevention Inspector from the Fire Prevention Division of
Oshawa Fire Services, including the Fire Chief and any member of Oshawa Fire
Services designated by the Chief Fire Official. (41-2024)
"Permanent Sales Location" means a building or structure with a permanent
foundation, which exists in the same location 365 days per year.
"Person" includes a natural individual, and their heirs, executors, administrators or
other legal representatives, a corporation, partnership or other form of business
association, or a receiver or mortgagee in possession.
"Prohibited Fireworks" means those fireworks prohibited by the Explosives Act,
including but not limited to cigarette loads or pings, exploding matches, sparkling
matches, ammunition for miniature tie clip, cufflink, or key chain pistols auto alarms
or jokers, cherry bombs, M-80 and silver salutes and flash crackers, throw down
and step on torpedoes, and crackling balls, tear gas pens and launchers, party
peppers and table bombs, table rockets and battle sky rockets, firecrackers, fake
firecrackers, etc
"Pyrotechnic Special Effects" means authorized explosives as defined under the
Explosives Act, that are made, manufactured or used to produce a pyrotechnic
theatrical effect in connection with a motion picture, theater or television production
or as a performance, before a live audience;
"Temporary Sales Unit" means an enclosed portable stand, cart, display rack,
cargo container or trailer, or other display unit that can be moved from one location
to another and is used for the sale of Consumer Fireworks. No Temporary Sales
Unit may remain in the same location for more than nine (9) consecutive days. A
Temporary Sales Unit does not include a motor vehicle as defined in the Highway
Traffic Act.
SALE OF FIREWORKS
3.
PROHIBITED ACTIVITIES
3.1
No Person shall:
(a)
sell any Consumer Fireworks to any Person at any time except seven (7)
days immediately prior to and on the statutory holidays known as Victoria
Day, Canada Day and the celebration known as Diwali Day, unless a
Consumer Fireworks Prohibition is in effect. (96-2019) (49-2021)
(a.1) sell any Consumer Fireworks to any Person at any time when a
Consumer Fireworks Prohibition is in effect (49-2021)
(b)
sell or supply Fireworks to any Person under the age of eighteen (18) years;
(c)
sell, store or supply Prohibited Fireworks;
(d)
sell Consumer Fireworks from a Temporary Sales Unit without first having
obtained a Fireworks Sales Permit;
(e)
sell Consumer Fireworks in a manner that is not in conformance with the
Explosives Act;
(f)
sell Display Fireworks or Pyrotechnic Special Effects unless otherwise
permitted under the Explosives Act; or
(g)
sell Consumer Fireworks from a motor vehicle as defined in the Highway
Traffic Act
4.
FIREWORKS SALES PERMITS
4.0
An application for a Fireworks Sales Permit to sell Consumer Fireworks from a
Temporary Sales Unit seven (7) days immediately prior to and on the statutory
holidays known as Victoria Day, Canada Day and the celebration known as Diwali
Day shall be made at the office of the Chief Fire Official on the form prescribed.
The Chief Fire Official may prescribe any information to be given therein and other
necessary papers to be completed or submitted by the applicant in conjunction
with the application. (96-2019) (49-2021)
4.1
Applications for Fireworks Sales Permits shall be made no less than twenty-one
(21) days prior to the first sales date.
4.2
Separate Fireworks Sales Permit applications must be made for each proposed
Temporary Sales Unit location.
4.3
Fireworks Sales Permits shall be valid only seven (7) days immediately prior to
and on the statutory holidays known as Victoria Day, Canada Day and the
celebration known as Diwali Day (49-2021)
4.4
Every Fireworks Sales Permit application shall be submitted to the Chief Fire
Official and be accompanied by:
(a)
the appropriate non-refundable fee as set out in the City's General Fees
and Charges By-law 13-2003, as may be amended from time to time;
(41-2024)
(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 description of the Consumer Fireworks to be sold;
(d)
proof of commercial general liability insurance in an amount no less than
$5,000,000.00, naming the City as an additional insured and containing a
cross liability clause;
(e)
an indemnification and hold harmless undertaking in favour of the City and
signed by the applicant or by an individual having the authority to bind the
applicant;
(f)
the operating dates of the Temporary Sales Unit and a letter of authorization
from the owner of the property on or from which the Temporary Sales Unit
is proposed to be located containing:
(i)
the name of the owner of the Temporary Sales Unit; and
(ii)
the proposed location on the property of the Temporary Sales
Unit; and
(g)
such other information as the Chief Fire Official may require.
4.5
The Chief Fire Official may revoke a Fireworks Sales Permit where, in their sole
opinion, the applicant has not complied or is not complying with the provisions of
this By-law.
(41-2024)
4.6
Where the Chief Fire Official revokes a Fireworks Sales Permit, Consumer
Fireworks shall no longer be sold from the sales location for the remainder of the
term of the Fireworks Sales Permit.
4.7
Where a Fireworks Sales Permit is revoked, the applicant is not entitled to a return
of any fee paid to obtain the Fireworks Sales Permit.
4.8
Notwithstanding Subsections 4.7 and 4.8, where a Fireworks Sales Permit is
revoked, the applicant may apply for a new Fireworks Sales Permit subject to the
provisions of Section 4 for the next proposed sales period.
4.9
Receipt of the application and/or the Fireworks Sales Permit fee by the City shall not
represent approval of the application for the issuance of a Fireworks Sales Permit nor
shall it obligate the City to issue a Fireworks Sales Permit.
(41-2024)
4.10
No Person shall transfer or assign their Fireworks Sales Permit.
(41-2024)
4.11
In the event that a Person attempts to transfer or transfers their Fireworks Sales
Permit, the Fireworks Sales Permit is void and there shall be no return of any fee paid.
(41-2024)
4.12
No Permit shall be transferred or assigned and if a person Permitted pursuant to this
By-law sells, leases or otherwise disposes of their interest in the discharge or sales of
fireworks, his/her Permit shall, notwithstanding any other provision of this By-law, be
revoked.
(41-2024)
5.
TEMPORARY SALES UNITS
5.0
A Person holding a Fireworks Sales Permit shall:
(a)
ensure that a minimum of 2 signs are posted in prominent locations on the
outside of the Temporary Sales Unit indicating that Persons shall not smoke
or ignite any flammable material, or have in their possession any lighted
match, lighter, pipe, cigar, cigarette, open flame or spark emitting device
within 8 metres of the Temporary Sales Unit;
(36-2019)
(b)
ensure that there is a 2A10BC rated fire extinguisher available at each
entrance during the times sales are taking place;
(36-2019) (41-2024)
(c)
ensure that at least 2 operational doors are available to provide means of
access to and egress from the Temporary Sales Unit;
(d)
ensure that no more than 15 customers are in a Temporary Sales Unit at
the same time;
(e)
ensure that no Consumer Fireworks are exposed to direct sunlight;
(f)
ensure that, with the exception of its entrance and exit, access to an area
at least eight (8) metres around the perimeter of the Temporary Sales Unit
is restricted by means of a barrier, such as snow fencing, pylons or other
material satisfactory to the City;
(g)
ensure that the Fireworks Sales Permit is posted in a conspicuous place on
the Temporary Sales Unit at all times during the term of the Fireworks Sales
Permit;
(h)
permit the inspection by the Chief Fire Official of the Consumer Fireworks
and any site where the Consumer Fireworks may be stored, displayed or
Discharged together with all associated equipment and documentation
pertaining to the storage, display or Discharge of Consumer Fireworks; or
(i)
not locate a Temporary Sales Unit: (36-2019)
(i)
within eight (8) metres of any combustible or flammable substance,
ignition source, heat producing equipment or spark emitting device;
(36-2019)
(ii)
within eight (8) metres of any parked vehicle or parking space that is
not fenced off in accordance with Subsection 5.1(f) of this By-law;
(36-2019)
(iii)
within fifteen (15) metres of any highway, street, roadway, laneway
or thoroughfare;
(36-2019)
(iv)
within twenty-five (25) metres of any facility, including a retail gas
station, that contains any fuel dispensing pump or venting pipe or
which dispenses, sells or refills:
a.
gasoline or fuel;
b.
propane tanks or cylinders;
c.
any compressed natural gas or other compressed flammable
substance;
(36-2019)
(v)
within twenty-five (25) metres of any building not included within
Subsections 5.1(i)(vi) or 5.1(i)(vii) of this By-law;
(36-2019)
(vi)
within one hundred (100) metres of any public park, hospital,
nursing home, home for the aged, retirement home, church or
school;
(36-2019)
(vii)
within one hundred (100) metres of any land where explosives,
gasoline or other flammable substances are:
a.
manufactured;
b.
stored within a manufacturing facility or fuel distribution
station not used as a retail gas station;
(36-2019)
(viii)
within any location not permitted by the City's Zoning By-law 60-94,
as amended; (36-2019)
6.
PERMANENT SALES LOCATIONS
6.0
A Fireworks Sales Permit is not required to sell Fireworks from a Permanent Sales
Location.
6.1
Notwithstanding Subsection 6.1, no Person shall fail to comply with the Explosives
Act when selling, storing, or displaying Fireworks from a Permanent Sales
Location.
DISCHARGING FIREWORKS
7.
FIREWORKS DISCHARGE PERMITS
7.0
A Fireworks Discharge Permit is required to Discharge Consumer Fireworks,
Display Fireworks or Pyrotechnic Special Effects at any time. (41-2024)
(85-2024)
7.1
No Fireworks Discharge Permit is required to Discharge Consumer Fireworks
between dusk and 11 p.m. on the statutory holidays known as Victoria Day,
Canada Day and the celebration known as Diwali Day. (96-2019)
7.2
An application for a Fireworks Discharge Permit shall be made at the office of the
Chief Fire Official on the form prescribed and the Chief Fire Official may prescribe
any information to be given therein and other necessary papers to be completed
or submitted by the applicant in conjunction with their application. (41-2024)
7.3
Every Fireworks Discharge Permit application shall be submitted to the Chief Fire
Official a minimum of twenty-one (21) days prior to the proposed Discharge date
and be accompanied by:
(a)
the appropriate non-refundable fee as set out in the City's General Fees
and Charges By-law 13-2003, as may be amended from time to time;
(41-2024)
(b)
a description of the Display Fireworks and/or Pyrotechnic Special Effects to
be Discharged, the Discharge techniques to be used, and the manner and
means of restraining Persons from being too near the Discharge location;
(c)
a description of the proposed location for the Display Fireworks and/or
Pyrotechnic Special Effects display;
(d)
a letter of authorization from the owner of the property on which the
Consumer Fireworks, Display Fireworks and/or Pyrotechnic Special Effects
will be Discharged consenting to the display; (85-2024)
(e)
a current certificate of insurance providing proof of liability insurance in the
minimum amount of $5,000,000.00, naming the City as an additional
insured and containing a cross liability clause;
(f)
a copy of the permit issued pursuant to the Explosives Act for the Fireworks
Supervisor who will be handling and discharging the Display Fireworks
and/or Pyrotechnic Special Effects;
(g)
where deemed applicable by the Chief Fire Official, written confirmation
from the Durham Region Police Service that appropriate arrangements
have been made by the applicant for traffic and crowd control during the
display; and
(h)
such further and other information as the Chief Fire Official may require.
7.4
In addition to the requirements set out in this By-law, all Persons applying for or
holding a Fireworks Discharge Permit to Discharge Display Fireworks and/or
Pyrotechnic Special Effects shall comply at all times with the Explosives Act.
7.5
Where the proposed display location is City-owned property, the applicant shall
obtain written approval from the City to Discharge Display Fireworks and/or
Pyrotechnic Special Effects on the property and shall provide the Chief Fire Official
with an agreement indemnifying and saving harmless the City with respect to any
and all actions either directly or indirectly from the display.
7.6
Separate Fireworks Discharge Permit applications must be made for each and
every proposed display location.
7.7
The Chief Fire Official may revoke a Fireworks Discharge Permit where, in their
sole opinion, the applicant has not complied or is not complying with the provisions
of this By-law. (41-2024)
7.8
Where a Fireworks Discharge Permit is revoked, the applicant is not entitled to a
return of any fee paid to obtain the Fireworks Discharge Permit.
7.9
Receipt of the application and/or the Fireworks Discharge Permit fee by the City shall
not represent approval of the application for the issuance of a Fireworks Discharge
Permit nor shall it obligate the City to issue a Fireworks Discharge Permit.
7.10
No Person shall transfer or assign their Fireworks Discharge Permit. (41-2024)
7.11
In the event that a Person attempts to transfer or transfers their Fireworks Discharge
Permit, the Fireworks Discharge Permit is void and there shall be no return of any fee
paid. (41-2024)
8.
PROHIBITED ACTIVITIES
8.1
No Personal shall:
(a)
possess or Discharge Fireworks except pursuant to this By-law;
(b)
Discharge Consumer Fireworks except between dusk and 11 p.m. on the
statutory holidays known as Victoria Day, Canada Day and the celebration
known as Diwali Day unless a Consumer Fireworks Prohibition is in effect;
(96-2019) (49-2021)
(b.1) Discharge Consumer Fireworks at any time when a
Consumer Fireworks Prohibition is in effect (49-2021)
(c)
possess or Discharge any Prohibited Fireworks;
(d)
Discharge Fireworks on any property, without obtaining the written
authorization of the legal owner of the property, including into, in or on any
highway, street, lane, square, public park or other public place;
(e)
fail to provide and maintain operational fire multi-purpose ABC
extinguishing equipment ready for immediate use, and present at all times
and for a reasonable period thereafter, at the location or site of the
Discharge of Consumer Fireworks (including having knowledge of the
operational
procedures
associated
with
said
fire
multi-purpose
extinguishing equipment);
(f)
fail to follow the manufacturer's requirements for the Discharge of
Fireworks;
(g)
fail to permit the inspection by the Chief Fire Official of the Fireworks and
any site where the Fireworks may be Discharged together with all
associated equipment and documentation pertaining to the Discharge of
Fireworks;
(h)
being under the age of 18 years, possess or Discharge Fireworks;
(i)
permit any Person under the age of 18 years to Discharge Fireworks;
(j)
Discharge Fireworks into, inside of, or on a building, accessory building,
structure, or motor vehicle;
(k)
Discharge Consumer Fireworks,
(i)
within 300 metres of any premises or place where explosives,
gasoline or other flammable substances are manufactured or stored
in bulk,
(ii)
in, on or onto any land occupied by a hospital, nursing home, home
for the aged, church or school
(l)
Discharge Display Fireworks and/or Pyrotechnic Special Effects,
(i)
within one hundred (100) metres of any highway or entrance to a
public park,
(ii)
within three hundred (300) metres of,
1.
any premises or place where explosives, gasoline or other
flammable substances are manufactured or stored in bulk, or
2.
any land occupied by a hospital, nursing home, home for the
aged, church or school; or
(iii)
within five hundred (500) metres of another approved Display
Fireworks and/or Pyrotechnic Special Effects display location;
(m)
Discharge Display Fireworks or Pyrotechnic Special Effects without a
Fireworks Discharge Permit;
(n)
who holds a Fireworks Discharge Permit,
(i)
Discharge or permit to be Discharged Display Fireworks and/or
Pyrotechnic Special Effects on a day or at times other than the day
or days and times specified in the Fireworks Discharge Permit,
(ii)
Discharge or permit to be Discharged Display Fireworks and/or
Pyrotechnic Special Effects at a location other than the location
specified in the Fireworks Discharge Permit,
(iii)
permit any Person other than a Fireworks Supervisor to Discharge
Display Fireworks and/or Pyrotechnic Special Effects,
(iv)
fail to be present in Person at all times during the setup of the display
area, the handling and Discharge, and the cleanup of the Display
Fireworks and/or Pyrotechnic Special Effects,
(v)
fail to ensure that a Fireworks Supervisor is present at all times
during the setup of the display area, the handling and Discharge, and
the cleanup of the Display Fireworks and/or Pyrotechnic Special
Effects, or
(vi)
fail to take all such safety precautions as are required by the Chief
Fire Official for the handling and Discharge of Display Fireworks
and/or Pyrotechnic Special Effects.
(o)
Discharge Fireworks in a manner that creates a nuisance or that creates an
unsafe condition, danger from fire or from risk of accident, injury or damage
at or in respect of any place, location or site, or to or in respect of any
Person, property or thing.
8.2
The Chief Fire Official may declare a Consumer Fireworks Prohibition when, in
their sole opinion, conditions exist which would make the discharge of Consumer
Fireworks unsafe. These conditions may include atmospheric or environmental
conditions, to help implement restrictions intended to reduce the transmission of
disease, as well as any local circumstances which may prevent the safe discharge
of Consumer Fireworks. (49-2021)
8.3
The public shall be notified that a Consumer Fireworks Prohibition is in effect on
the City of Oshawa's website. (49-2021)
9.
ADMINISTRATIVE PENALTIES
9.0
Administrative Penalty Process By-law 63-2013 applies to each administrative
penalty issued pursuant to this by-law.
9.1
Each person who contravenes any provision of this By-law shall, upon issuance of
a penalty notice in accordance with Administrative Penalty Process By-law 63-
2013, be liable to pay to the City an administrative penalty. If a Person receives a
penalty notice in accordance with the City's Administrative Penalty Process Bylaw
for a contravention of this By-law, and the Person has not received a penalty notice
for the same contravention within one (1) calendar year or less, the Person shall
be liable to pay to the City a tier one (1) administrative penalty amount for that
contravention in the amount of $250. If a Person receives an additional penalty
notice for the same contravention of the By-law within one (1) calendar year or
less from the date of the penalty notice containing a tier one (1) administrative
penalty amount, the Person shall be liable to pay to the City a tier two (2)
administrative penalty amount for that contravention in the amount of $350. If the
Person receives a subsequent penalty notice for the same contravention of the
By-law within one (1) calendar year or less from the date of the penalty notice
containing a tier two (2) administrative penalty amount, the Person shall be liable
to pay to the City a tier three (3) administrative penalty amount for that
contravention in the amount of $450. If the Person receives any subsequent
penalty notices for the same contravention of the By-law within one (1) calendar
year or less from the date of the penalty notice containing a tier three (3)
administrative penalty amount, the Person shall be liable to pay to the City a tier
three (3) administrative penalty amount for that offence in the amount of $450. (41-
2024)
10.
OFFENCES
10.1
Each person who contravenes any provision of this by-law is guilty of an offence
and on conviction is liable to a fine of:
(a)
a minimum fine of $500 and a maximum fine not exceeding $100,000;
(41-2024)
(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 (41-2024)
(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."
(41-2024)
10.2
Prosecution under this by-law shall not preclude any other legal actions required
to recover damages required to repair, replace or restore damaged real or personal
property, as the case may be.
10.3
An offence under this By-law may constitute a continuing offence or a multiple
offence as set out in the Municipal Act, 2001, S.O. 2001, c.25, as amended.
(41-2024)
11.
CONFLICT
11.1
This by-law shall not be construed to reduce or mitigate any restrictions or
regulations lawfully imposed by the City or by any governmental authority having
jurisdiction to make such restrictions or regulations.
11.2
If there is a conflict between a provision of this By-law and a provision of any other
City by-law, the provision that establishes the higher standard to protect the health
and safety of the public and to maintain clean and tidy condition on land shall apply.
12.
SEVERABILITY
12.1 If any provision or part of a provision of this By-law is declared by any court or
tribunal of competent jurisdiction to be illegal or inoperative, in whole or in part, or
inoperative in certain 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.
13.
EFFECTIVE DATE
13.1
This By-law is effective on July 3, 2014.
13.2
By-law 103-73 is hereby repealed.
By-law passed this twentieth day of May, 2014.