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By-law No. 2022-050
Fireworks By-law
Part I. Short Title, Purpose and Scope .......................................................... 3
Short Title ......................................................................................... 3
Purpose ............................................................................................ 4
Scope ............................................................................................... 4
Part II. Interpretation ................................................................................ 4
Headings ........................................................................................... 4
References to Applicable Law ............................................................... 4
Definitions ......................................................................................... 4
Part III. Sale of Fireworks ........................................................................... 5
General Provisions .............................................................................. 5
Premises of Fireworks Vendors ............................................................. 5
Fireworks Merchandising ..................................................................... 5
Part IV. Use of Fireworks ............................................................................ 6
Age Restriction .................................................................................. 6
Prohibited Locations ........................................................................... 6
Authorized Days and Times ................................................................. 6
Permits ............................................................................................. 6
High Hazard Fireworks ........................................................................ 7
Exemptions by Council ........................................................................ 7
Safety Guidelines ............................................................................... 7
Part V. Enforcement and Penalty ................................................................. 7
Enforcement ...................................................................................... 7
Penalty ............................................................................................. 7
Part VI. Conflict and Transition .................................................................... 8
Conflict ............................................................................................. 8
Terms Severable ................................................................................ 8
Repeal .............................................................................................. 8
Enactment ......................................................................................... 8
Schedule A to By-law No. 2022-050 Fireworks Safety Guide ................... 9
Last revised on March 12, 2024
Revision History:
Passed On:
Description of
amendment
2022-050 (Original)
May 9, 2022
-
2023-054
May 30, 2023
add s. 16.1
PAGE 2
BY-LAW NO. 2022-050
Revision History:
Passed On:
Description of
amendment
2024-029
March 11, 2024
add 12.e
Consolidated for Convenience Only
This is a consolidation copy of a City of Owen Sound By-law for convenience and
information. While every effort is made to ensure the accuracy of this by-law, it
is not an official version or a legal document. The original by-law should be
consulted for all interpretations and applications on this subject. For more
information or to view by-laws please contact the Clerks Department.
The Corporation of the City of Owen Sound
By-law No. 2022-050
A By-law to regulate the sale and discharge
of fireworks in the City of Owen Sound
WHEREAS subsection 5(1) of the Municipal Act, 2001, S.O. 2001, c. 25 (the
"Municipal Act") requires that the powers of a municipality be exercised by its
Council and subsection 5(3) requires that such powers be exercised by by-law
including a capacity, right, power and privilege under section 9 unless specifically
authorized to do otherwise; and
WHEREAS section 11 of the Municipal Act provides broad authority for lower-tier
municipalities to pass by-laws protecting the health, safety and well-being of
persons; and
WHEREAS section 121 of the Municipal Act provides that a municipality may
prohibit and regulate the sale of fireworks and the setting off of fireworks and
require a permit from the municipality to sell and set off fireworks; and
WHEREAS section 151 of the Municipal Act provides that a municipality may
license, regulate, and govern any business carried on within the municipality;
and
WHEREAS subsection 425(1) of the Municipal Act permits Council to pass by-
laws providing that any person who contravenes any by-law of the municipality
is guilty of an offence; and
WHEREAS subsection 429(1) of the Municipal Act provides that a municipality
may establish a system of fines for offences under a by-law of the municipality;
and
WHEREAS the Explosives Act, R.S.C., 1985, c. E-17 (the "Explosives Act")
governs the manufacture, testing, sale, storage, transportation and importation
of explosives and the use of fireworks in Canada; and
WHEREAS on May 6, 2013, the Council of the Corporation of the City of Owen
Sound (the "City") passed Fireworks By-law No. 2013-089 to govern the sale
and discharge of fireworks in the City of Owen Sound; and
WHEREAS on April 25, 2022, City Council passed Resolution No. R-220425-012
directing staff to bring forward a by-law to repeal By-law No. 2013-089 and
replace it with an updated by-law to govern the sale and discharge of fireworks
in the City, in consideration of staff report CR-22-036 presented to the Corporate
Services Committee on March 24, 2022;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF OWEN
SOUND HEREBY ENACTS AS FOLLOWS:
Part I. Short Title, Purpose and Scope
Short Title
1.
This by-law shall be known as the "Fireworks By-law".
PAGE 4
BY-LAW NO. 2022-050
Purpose
2.
This by-law has been enacted to address issues of public safety and
responsible use of fireworks to advance and maintain a high quality of life
for City residents and visitors.
Scope
3.
This by-law applies to all persons and fireworks vendors and all uses of
fireworks in the City, except for the use of fireworks for:
a.
occupational purposes by trained personnel following all applicable
standards, act, and regulations; and
b.
emergency warning or signaling purposes.
Part II. Interpretation
Headings
4.
The division of this by-law into parts and the insertion of headings are for
convenient reference only and shall not affect interpretation of the by-law.
References to Applicable Law
5.
All references to applicable law are ambulatory and apply as amended
from time to time.
Definitions
6.
For the purposes of this by-law:
"City" means the Corporation of the City of Owen Sound or the geographic
area of the City of Owen Sound as context requires;
"Council" means Council of the City;
"Explosives Act" means the Explosives Act, R.S.C. 1985, c. E-17;
"Fire Prevention and Protection Act" means the Fire Prevention and
Protection Act, 1997, S.O. 1997, c. 4;
"Fireworks" means any chemical compound or preparation of explosive
substance manufactured for the production of pyrotechnic effects,
pyrotechnic signals or sound signals and includes low hazard fireworks,
high hazard firework, low hazard flares, and high hazard flares and signals,
as defined herein, but does not include Christmas crackers, caps for toy
guns or sparklers;
"Fireworks Vendor" means any person, as defined herein, that sells or
offers for sale fireworks from a permanent or temporary location;
"High Hazard Fireworks" means 'display fireworks' generally used for public
recreation purposes, including rockets, serpents, shells, bombshells,
skyrockets, torpedoes, Daygo bombs, tourbillions, maroons, large wheels,
bouquets, barrages, bombardos, waterfalls, fountains, batteries,
illuminations, set pieces, pigeons, firecrackers and any other like products
described in Class 7, Division 2, Subdivision 2 of the Explosives
Regulations under the Explosives Act;
"High Hazard Flares and Signals" means large distress signals, sound,
pyrotechnic and smoke signals, railway track signals, distress and
linethrowing rockets, salutes, theatrical effects, wildlife control devices and
any other like products described in Class 7, Division 2, Subdivision 5 of
the Explosives Regulations under the Explosives Act;
PAGE 5
BY-LAW NO. 2022-050
"Low Hazard Fireworks" means and includes "consumer fireworks" and
"family fireworks" generally used for personal recreation purposes which
are relatively innocuous in themselves and are not liable to explode
violently or all at once and shall include showers, golden rain, lawn lights,
pinwheels, roman candles and volcanoes and other like products described
in Class 7, Division 2, Subdivision 1of the Explosives Regulations under the
Explosives Act;
"Low Hazard Flares" means highway flares, fuses and other small distress
signals having practical use and other like products described in Class 7,
Division 2, Subdivision 4 of the Explosives Regulations under the
Explosives Act;
"Municipal Act" means the Municipal Act, 2001, SO 2001, c 25;
"Officer" means and includes a Police Officer, City By-law Enforcement
Officer, Fire Inspector, Fire Marshal, assistant to the Fire Marshal, and the
Fire Chief, Fire Inspector or Fire Prevention Officer of Owen Sound Fire and
Emergency Services;
"Occupant" means a person or persons over the age of eighteen years in
possession or control of a property;
"Owner" means any registered owner, occupant, resident, lessee or tenant
of residential dwelling and includes any person managing any residential
building on behalf of the owner;
"Person" means an individual, firm, corporation, association or partnership
and, for greater clarity, includes an owner and an occupant;
"Provincial Offences Act" means the Provincial Offences Act, R.S.O, 1990,
c. P.33; and
"Use, Uses and Used," when referring to Fireworks, means and includes
the lighting, discharge, setting off, ignition, detonation or otherwise
causing the explosion, sound or pyrotechnic effect of a firework.
Part III. Sale of Fireworks
General Provisions
7.
No person shall sell or offer for sale high hazard fireworks in the City.
8.
No person shall sell or offer for sale low hazard fireworks and sparklers to
any person less than 18 years of age.
Premises of Fireworks Vendors
9.
Every fireworks vendor shall ensure that their premises, building, or
location:
a.
is subject to inspection by an officer;
b.
has the required safety equipment and fire exits;
c.
has the Fireworks Safety Guide, outlined in Schedule 'A' of this by-
law, posted where it can easily be viewed by the public; and
d.
is situated at least eight (8) metres away from fuel or propane
dispensing equipment.
Fireworks Merchandising
10.
Every fireworks vendor shall comply with all the following provisions:
a.
fireworks packaged as single units shall be inaccessible to the public;
PAGE 6
BY-LAW NO. 2022-050
b.
bundles or lots of fireworks shall not exceed twenty-five kilograms
(25 kg) in gross weight; and
c.
all fireworks being offered for sale or stored on site shall comply with
manufacturing, packaging, and storage provisions of the Explosives
Act.
Part IV. Use of Fireworks
Age Restriction
11.
No person under the age of eighteen (18) shall be permitted to handle or
use fireworks in the City.
Prohibited Locations
12.
No person shall use fireworks in the City in the following areas;
a.
on City or other public property at any time without the express
written consent of the City or owner of the property;
b.
within one hundred metres (100 m) of a hospital, nursing home or
group home;
c.
within one hundred metres (100 m) of a place where explosives,
gasoline, or other highly flammable substances are commercially
manufactured, stored or sold;
d.
the district where open air burning is prohibited by the City's Open
Air Burning By-law; and
e.
at any residence licensed to operate a short-term rental.
Authorized Days and Times
13.
No person shall use low hazard fireworks on any occasion except the
following:
a.
between the hours of 19:00 (7:00 p.m.) and 23:00 (11:00 p.m.) on:
i.
Victoria Day and three (3) calendar days before;
ii.
Canada Day and the closest Friday and Saturday;
iii.
Civic Holiday and three (3) calendar days before;
iv.
Diwali;
v.
Labour Day and three (3) calendar days before; and
b.
between the hours of 19:00 (7:00 p.m.) on December 31 and 01:00
(1:00 a.m.) on January 1 immediately following.
Permits
14.
Owen Sound Fire and Emergency Services may, at their discretion, issue a
permit that allows for the use of low hazard fireworks on private property
on a day or time other than those authorized by this by-law, and every
person shall obtain a permit before such use.
15.
Fireworks permits which are issued:
a.
are subject to the fee outlined in the City's Fees and Charges By-law;
b.
are not transferable; and
c.
may require a site inspection by Owen Sound Fire and Emergency
Services staff to assess safety.
PAGE 7
BY-LAW NO. 2022-050
High Hazard Fireworks
16.
No person shall use high hazard fireworks or high hazard flares and signals
in the City without:
a.
complying with all requirements of the Explosives Act and any other
act or regulation;
b.
providing a certificate of insurance to the satisfaction of the City;
c.
ensuring a review of the proposed use is undertaken by Owen Sound
Fire and Emergency Services staff; and
d.
receiving an exemption to this by-law, which exemption shall be
granted by Council by resolution or by-law.
16.1 Notwithstanding the requirements of section 16 of this by-law, the City of
Owen Sound does not require an exemption to this by-law where high
hazard fireworks or high hazard flares or signals are being used for the
following:
a.
any City of Owen Sound event; and
b.
any emergency services training.
Exemptions by Council
17.
Council may, at their discretion, provide an exemption by resolution or by-
law to any provision of this by-law, subject to any conditions Council may
see fit to impose, including but not limited to, requiring liability insurance
naming the City as an additional insured.
18.
Where an exemption to this by-law has been granted by Council, breach of
any of the terms or conditions of the exemption may, at the discretion of
an officer, render the exemption null and void.
Safety Guidelines
19.
Every person shall adhere to the Fireworks Safety Guide, outlined in
Schedule 'A' of this by-law, when using fireworks in the City.
20.
Every person shall immediately dispose of fireworks that fail to discharge
in a safe manner having regard to:
a.
the instructions or guidelines provided by the manufacturer; and
b.
proper fireworks handling procedures, including those contained in
the Fireworks Safety Guide, outlined in Schedule 'A' of this by-law.
21.
No person shall use fireworks in the City except in accordance with this by-
law and the Explosives Regulations of the Explosives Act.
Part V. Enforcement and Penalty
Enforcement
22.
This by-law shall be enforced by an officer as defined in this by-law.
23.
Any officer may enter private property at any time for the purpose of
upholding the provisions of this by-law.
Penalty
24.
Any person, owner, occupant, organization or business who contravenes
the provisions of this by-law is guilty of an offence and, upon conviction, is
subject to the penalty set out in the Provincial Offences Act.
PAGE 8
BY-LAW NO. 2022-050
Part VI. Conflict and Transition
Conflict
25.
Where a provision of this by-law respecting the keeping and manufacturing
of explosives is inconsistent with a provision of Part IV of the Fire
Prevention and Protection Act, the provision that is the most restrictive
shall prevail.
26.
Where a provision of this by-law is inconsistent with the Explosives Act or
the Municipal Act, their regulations, or any other act or regulations, the
provision of the act or regulation shall prevail.
Terms Severable
27.
The terms and provisions of this by-law shall be severable and should any
term or provision be found by a court of competent jurisdiction to be
legally unenforceable, inoperative or invalid, the remainder of the by-law
shall remain in full force and effect.
Repeal
28.
By-law No. 2013-089 is hereby repealed.
Enactment
29.
This by-law shall come into full force and effect on the date it is passed at
which time all by-laws, policies and resolutions that are inconsistent with
the provisions of this by-law are hereby repealed insofar as it is necessary
to give effect to the provisions of this by-law.
FINALLY PASSED AND ENACTED this 9th day of May 2022.
Signature on file
Mayor Ian C. Boddy
Signature on file
Briana M. Bloomfield, City Clerk
PAGE 9
BY-LAW NO. 2022-050
Schedule A to By-law No. 2022-050
Fireworks Safety Guide
Clearly post this guide where fireworks are sold
For details consult Owen Sound Fire and Emergency Services or the City's
Fireworks By-law.
Use and Sale of Fireworks in the City
- Vendors may not sell or offer for sale fireworks to anyone under the age of
18.
- Do not use "High Hazard" fireworks for public displays in the City.
- Do not use "Low Hazard" personal, recreational fireworks except:
o on private property, outside the restricted Open Air Burning District
and 100 meters away from a hospital, nursing home, group home, or
business which sells fireworks, gas or flammable substances; and
o between 7:00 pm and 11:00 pm on approved days for celebrating
Victoria Day, Diwali, Canada Day, Civic Holiday or Labour Day or
between 7:00 pm and 1:00 am on New Years Eve.
- Anyone who uses fireworks must follow the Fireworks Safety guidelines
outlined below.
- All fireworks vendor's premises are subject to inspection by an officer of
the City to ensure conformity to the Fireworks By-law.
Fireworks Permits
If you wish to use "Low Hazard" fireworks for personal, recreational use at a
time or location not allowed by the Fireworks By-law:
- Apply for a permit from Owen Sound Fire and Emergency Services.
- Fireworks permits require the payment of a fee, are not transferable, and
may require a safety inspection.
- The holder of a fireworks permit must comply with the provisions of the
Fireworks By-law, any other by-laws, and any other applicable laws or
regulations.
Fireworks Safety
- Understand and follow all laws, regulations, by-laws, instructions, and
warnings.
Before Using Fireworks
- Store unused fireworks in a closed box away from the firework being lit.
- Do not smoke around fireworks.
- Ensure children are supervised at all times.
- Do not use fireworks when impaired by alcohol or drugs.
PAGE 10
BY-LAW NO. 2022-050
- Spectators must be 7.6 metres (25 feet) away from fireworks.
- All trees, buildings, vehicles, and furniture must be 9.14 metres (30 feet)
away from fireworks.
- Ensure the wind speed is less than 15km per hour and blowing away from
spectators.
- Have a bucket of water, charged garden hose, or working fire extinguisher
on hand.
- Only adults (18 years or over) are permitted to handle fireworks.
Using Fireworks
- Never try to create your own fireworks.
- Wear protective eye glasses and gloves and keep hair and clothes away
from fire sources.
- To light a firework:
o set the firework in a large, deep bucket of sand on a hard, flat and
level surface;
o light only one firework at a time with a long handled BBQ lighter at
arm's length; and
o stand well back.
- Never lean over fireworks.
- Never hold a lighted firework item in your hand.
- Never point a firework toward someone else.
- Never attempt to re-light a "dud" or defective firework.
Cleanup
- Sparklers should be immersed in a bucket of sand or water to cool down
after burning out, as they remain very hot for some time.
- Fireworks should be disposed of safely and properly by immersing in water
and then disposing them into the garbage.
Any person who contravenes the provisions of the Fireworks By-law is
guilty of an offense and upon conviction may be subject to a fine of up
to $5,000 under the Ontario Provincial Offences Act.