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THE CORPORATION OF THE TOWNSHIP OF SOUTHGATE
BY-LAW 2024-040
being a by-law to regulate the sale and use of fireworks
within the Township of Southgate
Whereas Sections 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provide that the powers of a municipality shall be interpreted broadly so
as to enable the Municipality to govern its affairs as it considers appropriate and to
respond to issues; and
Whereas Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
provides broad authority for lower-tier municipalities to pass by-laws protecting the
health, safety, and well-being of persons; and
Whereas Section 121 (a) of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that a local municipality may prohibit and regulate the sale of
fireworks and the use of fireworks; and
Whereas the Explosives Act, R.S.C. 1985, c. E-17, governs the manufacturing,
testing, sale, storage, transportation and importation of explosives and the use of
fireworks in Canada; and
Whereas the Council of the Corporation of the Township of Southgate deems it
necessary and expedient to regulate the sale and use of fireworks within the
Township of Southgate,
Now therefore be it resolved that the Council of the Corporation of the Township
of Southgate hereby enacts as follows:
1. Definitions
1.1
"Corporation" shall mean the Corporation of the Township of Southgate.
1.2
"Council" shall mean the Council of the Corporation of the Township of
Southgate.
1.3
"Discharge" shall mean to fire, ignite, explode or set off or cause to be
fired, ignited, exploded or set off; the words "discharged" or "discharging"
have similar meaning.
1.4
"Explosives Act" shall mean the Explosives Act, R.S.C. 1985, c. E-17.
1.5
"Fire Chief" shall mean the Fire Chief Official appointed for the
Corporation of the Township of Southgate and shall include a delegate or
delegates thereof.
1.6
"Firecracker" means a pyrotechnic device that explodes when ignited
and does not make any subsequent display or visible effect after the
explosion, and includes those devices commonly known as Chinese
firecrackers.
1.7
"Fire Prevention and Protection Act" shall mean the Fire Prevention
and Protection Act, 1997, S.O 1997, c. 4, as amended.
1.8
"Fireworks" shall include the following devices:
a) "Consumer Fireworks" means an outdoor, low hazard, recreational
firework that is classed as a subdivision 1 of Division 2 of Class 7
Fireworks under the Act and includes fireworks showers, fountains, golden
rain, lawn lights, pinwheels, Roman candles, volcanoes, and sparklers but
does not include Christmas crackers and caps for toy guns containing not
in excess of twenty-five one hundredths of a grain of explosive used per
cap.
b) "Display Fireworks" means an outdoor, high hazard, recreational
firework that is classed as a subdivision 2 of Division 2 of Class 7
Fireworks under the Act, and includes rockets, serpents, shells,
bombshells, tourbillions, maroons, large wheels, bouquets, bombardos,
waterfalls, fountains, batteries, illumination, set pieces and pigeons but
does not include firecrackers.
c) "Explosives" means anything that is made, manufactured, or used to
produce an explosion a detonation or pyrotechnic effect, and includes
anything prescribed to be an explosive by the regulations contained within
the Explosives Act, R.S.C. 1985, c. E-17, but does not include gases,
organic peroxides or anything prescribed not to be an explosive by the
regulations.
1.9
"Fireworks Vendor" shall mean any Person, as defined herein, that sells
or offers the sale of Fireworks from a permanent or temporary location.
1.10 "Municipal Act" shall mean the Municipal Act, 2001, S.O. 2001, c.25.
1.11 "Officer" shall mean and includes a Police Officer, Municipal By-law
Enforcement Officers, Township of Southgate Fire Chief Official and Fire
Prevention Officers.
1.12 "Owner" includes an assessed owner, tenant, lessee, occupant, or any
person having interest, whether equitable or legal, in the land.
1.13 "Person" includes a corporation and its directors and officers, and their
heirs, executors, assignees, trustee and administrators or other legal
representatives of an individual and their respective successors and
assignees.
1.14 "Prohibited Fireworks" includes but is 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 torpedoes and
crackling balls, exploding golf balls, stink bombs and smoke bombs, tear
gas pens and launchers, party peppers and table bombs, table rockets
and battle sky rockets, fake firecrackers and other trick devices or
practical jokes as included on the most recent list of prohibited fireworks
as published from time to time under the Act.
1.15 "Provincial Offences Act" shall mean the Provincial Offences Act,
R.S.O., 1990, c. P33.
1.16 "Township" shall mean the Corporation of the Township of Southgate.
1.17 "Sell" includes offer for sale, cause or permit to be sold and to possess
for the purpose of sale, and the words "selling" and "sold" have similar
meaning.
2. General Provisions
2.1
No person shall discharge any fireworks within the Township except during
the authorized days and times in accordance with Section 3 of this by-law.
2.2
No person shall discharge fireworks in a manner that might create a
hazard or nuisance to any person or damage to property.
2.3
No person shall cause or permit the storage, use, discharge, sale or offer
for sale, of any firecrackers, explosives or prohibited fireworks within the
Township.
2.4
No person shall possess or set off any fireworks not authorized by the
Explosives Regulatory Division of the Government of Canada.
2.5
No person shall discharge, fire, set off, or cause to be set off, any
fireworks when a Fire Ban is in effect.
3. Authorized Days and Times
3.1
No person shall discharge any fireworks on any occasion except the
following:
a) between dusk and 11:00 p.m. on Victoria Day and Canada Day and the
one (1) day immediately preceding and the one (1) day immediately
following both.
4. Use of Consumer Fireworks
4.1
No person shall discharge, fire, set off, or cause to be set off, consumer
fireworks in the Township in the following areas:
a) On public lands owned or operated by the Township.
b) On any park, parkette, trail, land used for storm water management, or
other public places.
c) On any road, street, sidewalk, boulevard, shoulder, road allowance, or
highway within the Township.
d) Within 50 metres of a school, educational facility, daycare, childcare
facility, or religious institution, without the express written permission of
the owner or their legal representative.
e) Within 50 metres of a place where explosives, gasoline or other highly
flammable substances are commercially manufactured, stored or sold.
4.2
No person shall use or cause or permit the use of consumer fireworks on
any land except on land belonging to the person using the fireworks, or
on other privately owned land where the written consent of the owner has
been obtained.
4.3
No person shall discharge any consumer fireworks that travel or pose a
hazard more than three (3) metres (10 feet), from the point of ignition or
in such a manner as might create danger, cause damage, or constitute a
nuisance to any person or property, or do or cause or allow any unsafe act
or omission at the time and place for the discharging of any fireworks.
4.4
No person shall discharge any consumer fireworks in or into any building,
doorway, or automobile.
4.5
No person shall discharge consumer fireworks without some form of
ability to extinguish a fire should it be required.
5. Use of Display Fireworks
5.1
No person shall hold a display of or set off display fireworks except for
during the authorized day and times in accordance with Section 3 of this
by-law.
5.2
No person shall hold a display of or set off display fireworks on any day or
days without a Display Fireworks permit issued by the Fire Chief.
5.3
The Fire Chief may impose conditions for approval as they consider
necessary to ensure the safety of the public.
5.4
No person shall hold a display of or set off display fireworks except in
accordance with the conditions of the permit.
5.5
All Display Fireworks Permit applications must be submitted a minimum of
sixty (60) days prior to the display fireworks event.
5.6
All Display Fireworks Permit applications shall be accompanied by proof of
liability insurance subject to limits of not less than five million dollars
($5,000,000.00) and shall name the Township of Southgate as an
additional insured thereunder shall be provided within 5 days of approval
of Display Fireworks Permit.
5.7
Setting of display fireworks must be in accordance with recognized safety
procedures including, but not limited to the following:
a) Keeping spectators at a safe distance;
b) Protecting private and public property;
c) Ensuring suitable fire extinguishing equipment is available at all times;
and
d) Ensuring compliance with the Explosives Act and associated regulations.
5.8
The fireworks shall only be set off by a person(s) currently certified as a
Fireworks Supervisor Level I or II by the Explosion Regulatory Division of
Natural Resources Canada.
5.9
The person(s) responsible for the setting off of any fireworks or classes
thereof must ensure that all unused fireworks and debris be removed and
safely disposed of immediately following the event.
5.10 The permit may be suspended or revoked by the Fire Chief if the
conditions of the permit are not being met or it would be unsafe to allow
the public fireworks display.
5.11 Notwithstanding the foregoing sections, the Fire Chief may require any
additional information of the applicant to ensure the public's safety and
may impose additional conditions on the issuance of a permit as they
deem advisable in the particular circumstance of the application.
6. Sale of Fireworks
6.1
No fireworks vendor shall cause or permit to sell or offer for sale
firecrackers, explosives or prohibited fireworks.
As Amended
By By-law
2024-092
6.2
No fireworks vendor shall cause or permit to sell or offer for sale
consumer fireworks and sparklers to any person less than 18 years of
age.
6.3
No fireworks vendor shall display, cause, or permit to sell or offer for sale
consumer fireworks except on the following:
a) Victoria Day and Canada Day and the seven (7) days immediately
preceding both days in each year.
6.4
No fireworks vendor shall display or permit the sale of fireworks without a
valid Sale of Fireworks permit issued by the Township.
6.5
Every fireworks vendor with a valid Sale of Fireworks permit issued by the
Township shall ensure their permit is displayed publicly and be visible
from the exterior of the building.
6.6
Every fireworks vendor selling consumer fireworks in the Township shall
ensure the following:
a) That fireworks displayed shall be mock samples only and shall not contain
explosive composition;
b) That fireworks displayed shall be kept out of the reach of children;
c) That single unit firework packages are inaccessible to the public;
d) That fireworks are not stored or displayed in direct sunlight;
e) That bundles or lots of fireworks shall not exceed 25 kilograms in gross
weight; and
f)
That all fireworks being offered for sale or stored on site shall comply with
manufacturing, packaging, and storage provisions of the Explosives Act.
6.7
Every fireworks vendor shall ensure that their premises, building or
location:
a) Is subject to inspection by an Officer;
b) Maintains the required safety equipment on site;
c) Has the required amount of fire exits for their respective site;
d) Has no smoking signs posted; and
e) Is equipped with at minimum a 2A or 10BC rated fire extinguisher.
7. Exemptions
7.1
Consumer fireworks may be permitted outside of the authorized days and
times with an exemption approved by Council and in accordance with
section 4 of this by-law.
7.2
Display fireworks may be permitted outside of the authorized days and
times with an exemption approved by Council and in accordance with
section 5 of this by-law.
7.3
Notwithstanding sections 7.1 and 7.2 further conditions may be imposed
to limit any provisions of this by-law.
7.4
All exemption requests must be submitted a minimum of sixty (60) days
in advance of an event.
7.5
For the purposes of this by-law respecting the setting off of consumer
fireworks on Victoria Day and Canada Day on land belonging to a private
residence by the owner or tenant of such residence or a person authorized
by them to do so shall not be deemed to be a public fireworks display.
7.6
The sale of or setting off of pyrotechnical signaling devices for marine,
military, railway or highway purposes shall not be deemed to be,
respectively, the sale of or setting off of fireworks.
8. Enforcement and Entry
8.1
This by-law shall be enforced by any Officer as defined in this by-law.
8.2
For the purposes of ensuring compliance with this by-law, an Officer may
at any time, enter any land and/or building.
8.3
Every owner shall permit the Officer to inspect any land and/or building
for the purpose of determining compliance with this by-law.
8.4
Notwithstanding any provision of this by-law, an Officer shall not enter
any room or place 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; or
b) A warrant issued under the Provincial Offences Act, R.S.O. 1990, as
amended, is obtained.
As Amended
By By-law
2024-092
9. Hinder/Obstruct Officer
9.1
No person shall hinder or otherwise obstruct, not attempt to obstruct,
either directly or indirectly, an Officer, employee and/or agent of the
Township in the lawful exercise of a power or duty under this by-law.
10.
Offences and Penalties
10.1 Any person who contravenes any provision of this by-law or is party to
such contravention commits an offence under the Provincial Offences Act,
R.S.O. 1990, C. P.33, as amended.
10.2 Notwithstanding Section 10.1 of this by-law, 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 on conviction is liable for a fine not exceeding
$25,000.00, exclusive of costs.
11.
Conflict
11.1 In the event that a provision of this by-law is inconsistent with the
Explosives Act, the Fire Prevention and Protection Act, the Municipal Act,
their respective regulations, or any other Act or regulation, the provision
of the Act or Regulation shall prevail.
12.
Validity and Severability
12.1 Should any section, subsection, clause, paragraph or provision of this by-
law be declared by a Court of competent jurisdiction to be invalid, the
same shall not affect the validity of this by-law as a whole or any part
thereof, other than the part so declared to be invalid.
13.
Indemnification
13.1 The applicant shall indemnify and save harmless the Township of
Southgate from any and all claims, demands, causes of action, loss, costs
or damages that the Township of Southgate may suffer, incur or be liable
for resulting from the performance of the applicant as set out in the by-
law, whether with or without negligence on the part of the applicant, or
the applicant's employees, directors, contractors and agents.
14.
Short Title and Administration
14.1 This By-law may be referred to as the "Fireworks By-law".
14.2 This by-law shall be administered by the Chief Fire Official and the Clerk.
15.
Repeal
15.1 By-law 2020-099 of the Corporation of the Township of Southgate is
hereby repealed.
16.
Effective Date
16.1 This by-law comes into force and takes effect on April 30, 2024.
Read a first, second and third time and finally passed with 30th day of April,
2024.
________________________
Brian Milne - Mayor
________________________
Lindsey Green - Clerk
Original Signed By
Original Signed By
Corporation of the Township of Southgate
Schedule C to By-law 2024-040
Township of Southgate Fireworks By-law
Part 1 Provincial Offences Act
Short Form Wording
Item
Short Form Wording
Provision
Creating
or
Defining
Offence
Set
Fine
1
Discharge fireworks outside authorized days and
times
2.1
$150
2
Discharge fireworks - create hazard or nuisance or
cause damage
2.2
$200
3
Storage, use, discharge, sale or offer for sale of
firecrackers, explosives, or prohibited fireworks
2.3
$300
4
Possess or set off unauthorized fireworks
2.4
$300
5
Discharge, fire, set off, or caused to be set off any
fireworks during a fire ban
2.5
$500
6
Discharge, fire, set off, or cause to be set off
consumer fireworks on public lands
4.1 (a)
$150
7
Discharge, fire, set off, or cause to be set off
consumer fireworks on any park, parkette, trail, land
used for storm water management, or other public
places
4.1 (b)
$150
8
Discharge, fire, set off, or cause to be set off
consumer fireworks on any road, street, sidewalk,
boulevard, shoulder, road allowance, or highway
4.1 (c)
$150
9
Discharge, fire, set off, or cause to be set off
consumer fireworks within 50 metres of a school,
educational facility, daycare, childcare facility, or
religious institution
4.1 (d)
$150
10
Discharge, fire, set off, or cause to be set off
consumer fireworks within 50 metres of a place
where explosives, gasoline or other highly flammable
substances are commercially manufactured, stored or
sold
4.1 (e)
$200
11
Use, cause, permit use of consumer fireworks on land
without consent of owner
4.2
$150
12
Discharge consumer fireworks that travel - create
danger, nuisance, cause damage
4.3
$200
13
Discharge consumer fireworks in or into any building,
doorway, or automobile
4.4
$150
14
Discharge consumer fireworks without ability to
extinguish a fire
4.5
$150
15
Discharge display fireworks outside authorized days
and times
5.1
$500
16
Discharge display fireworks without a permit
5.2
$500
17
Discharge display fireworks not in accordance with
conditions of issued permit
5.4
$500
18
Discharge of fireworks by uncertified person
5.8
$200
19
Cause or permit to sell or offer for sale firecrackers,
explosives, or prohibited fireworks
6.1
$500
20
Cause or permit to sell or offer for sale fireworks and
sparklers to any person less than 18 years of age
6.2
$300
21
Display, cause or permit to sell or offer for sale
consumer fireworks except on Victoria Day and
Canada Day and the seven (7) days preceding each
6.3 (a)
$500
22
Display or permit the sale of fireworks without a
permit
6.4
$500
Note: The penalty provision for the offences indicated above is Section 10 of By-law
2024-040, a certified copy of which has been filed.