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AS AMENDED BY
BY-LAW 2016-10, 2021-17
& 2021-72
THE CORPORATION OF THE TOWNSHIP OF TAY
BY-LAW NO. 2011-30
Being a By-law regulating the sale of
and setting off of fireworks
WHEREAS Section 121, Subsection (a) of the Municipal Act, 2001,
S.O. 2001, c.25 as amended, provides that a local municipality may
prohibit and regulate the sale of fireworks and the setting off of
fireworks;
NOW THEREFORE, the Corporation of the Township of Tay hereby
enacts as follows:
1.0
DEFINITIONS:
In this By-law:
"Chief Fire Official" means the Fire Chief and/or his or her
designate;
"Consumer Fireworks" means outdoor low hazard fireworks
generally used for recreational purposes such as showers,
fountains, golden rain, lawn lights, pin wheels, Roman candles,
volcanoes, sparklers, caps for toy guns and Christmas crackers;
"Display Fireworks" means high hazard fireworks generally
used for community celebrations such as bombshells, aerial
shells, large wheels, and bombardons;
"Firecrackers" means a class of fireworks which when ignited
explodes with little or no visual effect, but does not include caps
for toy guns or Christmas crackers;
"Officer" means a Municipal Law Enforcement Officer, Police
Officer, Chief Fire Official or Designate;
"Owner" means any person, firm or corporation having control
over any portion of the building or property under consideration
and includes the persons in the building or property;
"Township" means the Corporation of the Township of Tay.
2.0
GENERAL PROHIBITIONS
2.1
No person shall set off any fireworks when a fire ban is in
effect.
3.0
SALE OF FIREWORKS AND FIRECRACKERS
3.1
No person shall sell or offer for sale any firecrackers within
the Township of Tay.
3.2
No person may sell, offer for sale, give or distribute
consumer fireworks to any person under the age of
eighteen (18) years of age.
3.3
Where fireworks are offered for sale, they must be
displayed in such a manner that they are not accessible as
a self-serve item.
3.4
Where fireworks are offered for sale, they must comply
with the Explosives Act and the Explosives Regulations
made under it.
By-law No. 2011-30, as amended
Page 2
3.5
Where fireworks are offered for sale, notice as outlined in
Schedule "A" must be clearly posted informing the
consumer of the restrictions and set fines.
4.0
DISCHARGE OF FIRECRACKERS
4.1
No person shall discharge, fire, set off, or cause to be set
off any firecrackers within the Township of Tay.
5.0
SETTING OFF OF CONSUMER FIREWORKS
5.1
No person shall set off Consumer Fireworks within the
Municipality of the Township of Tay at any time except as
follows;
(a) New Year's Eve - between 7:00 p.m. and 1:00 a.m. the
following day;
(b) Victoria Day - between 7:00 p.m. and 11:00 p.m. on the
Friday, Saturday and Sunday preceding and including the
statutory holiday Monday;
(c) Canada Day - between 7:00 p.m. and 11:00 p.m. the
Friday, Saturday and Sunday prior to Canada Day, the
Friday, Saturday and Sunday directly following Canada Day
or on July 1st;
(d) Civic Holiday - between 7:00 p.m. and 11:00 p.m. on the
Friday, Saturday and Sunday preceding and including the
Civic holiday Monday;
(e) Labour Day - between 7:00 p.m. and 11:00 p.m. on the
Friday, Saturday and Sunday preceding and including the
statutory holiday Monday.
5.2
No person under the age of eighteen (18) years of age
may discharge, fire, set off, or cause to be set off any
consumer fireworks.
5.3
No person shall set off any consumer fireworks in a
manner that might create a danger or nuisance to any
person or property.
5.4
No person shall set off any consumer fireworks in, on or
into any building, or automobile.
5.5
No person shall set off any consumer fireworks on or into
any highway, street, lane, boulevard, roundabout, or
private roadway.
5.6
No person shall set off any consumer fireworks on or into
any land used for school purposes.
5.7
No person shall set off any consumer fireworks on or into
any park, parkette trail, land used for storm water
management other public place or any land owned by the
Township of Tay without first having obtained permission
from the Chief Fire Official or designate.
5.8
No person shall set off any consumer fireworks on any land
whatsoever, except on land belonging to the person setting
off the fireworks, or on other privately owned land where
the written consent of the owner has been obtained.
5.9
Only fireworks authorized pursuant to the Explosives Act
and the Explosives Regulations made under it may be
displayed or set off.
6.0
SETTING OFF OF DISPLAY FIREWORKS
6.1
No person shall hold a display of or set off display
fireworks on any day or days without approval from the
Chief Fire Official.
6.2
The Chief Fire Official may impose conditions for approval
as he/she considers necessary to ensure the safety of the
public.
By-law No. 2011-30, as amended
Page 3
6.3
Setting off of display fireworks must be in accordance with
recognized safety procedures including, but not limited to:
(a)
keeping spectators at a safe distance;
(b)
protecting private and public property; and
(c) ensuring suitable fire extinguishing equipment is
available at all times.
6.4
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.
6.5
Only persons who hold a valid certificate, for such, issued
by the Explosives Regulatory Division of Natural Resources
Canada are eligible to request approval to display or set off
Display Fireworks/Pyrotechnic Special Effects.
6.6
The handling and discharge of display fireworks shall
conform with the Natural Resources Canada (NRCan),
"Display Fireworks Manual" and Natural Resources Canada
(NRCan), Pyrotechnic Special Effect Manual"
7.0
GRANT OF EXEMPTION BY COUNCIL
7.1
Application to Council
Notwithstanding anything contained in this By-law, any
person may make application to Council to be granted an
exemption from any of the provisions of this By-law with
respect to the discharge of fireworks and Council may
refuse to grant any exemption or may grant the exemption
which may contain such terms and conditions as Council
sees fit.
7.2
Decision
In deciding whether to grant the exemption, Council shall
give the applicant and any person opposed to the
application an opportunity to be heard and may consider
such other matters as it deems appropriate.
7.3
Breach
A breach by the applicant of any of the terms or conditions
of any exemption granted by Council shall render the
exemption null and void.
8.0
RIGHT OF ENTRY
8.1
An Officer may at any time, enter onto land to determine
whether this By-law is being complied with.
8.2
Every owner shall permit the Officer to inspect any land for
the purpose of determining compliance with this By-law.
8.3
Notwithstanding any provision of this By-law, an Officer
shall not enter or remain in any room or place actually
being used as a dwelling, unless;
(a) the consent of the occupier is obtained, the occupier
first having been informed that the right of entry may be
refused and, if refused, may only be made under the
authority of a warrant issued under the Provincial Offences
Act, R.S.O.1990, as amended;
(b) a warrant issued under the Provincial Offences Act,
R.S.O.1990, as amended is obtained.
9.0
OBSTRUCTION
9.1
No person shall hinder or obstruct, or attempt to hinder or
obstruct, any Officer exercising a power or performing a
duty under this By-law.
By-law No. 2011-30, as amended
Page 4
9.2
Any person who has been alleged to have contravened any
of the provisions of the By-law, shall identify themselves to
the Officer upon request, failure to do so shall be deemed
to have obstructed or hindered the Officer in the execution
of his or her duties.
10.0 PENALTY
10.1 Every person who contravenes any of the provisions of this
by-law and every director or officer of a corporation, who
knowingly concurs in the contravention by the corporation,
is guilty of an offence under the provisions of the Municipal
Act, 2001, S.O. 2001, c. 25, as amended.
10.2 Every person who contravenes the provisions of this by-law
and every director or officer of a corporation, who
knowingly
concurs
in
the
contraventions
by
the
corporation, is guilty of an offence and liable on conviction
to a penalty where the minimum fine shall not exceed $500
and a maximum fine shall not exceed $100,000 exclusive
of costs under the provisions of the Municipal Act 2001,
S.O. 2001, c. 25, as amended.
10.3 For the purpose of continuous offences, every person who
contravenes any provision of this by-law and every director
or officer of a corporation who knowingly concurs in the
contravention of a by-law of the corporation is guilty of an
offence and liable on conviction to a penalty not exceeding
$10,000, exclusive of costs under the provisions of the
Municipal Act, 2001, S.O. 2001, c. 25, as amended.
10.4 Despite section 10.3 and the provisions of the Municipal
Act, 2001, S.O. 2001, c. 25 as amended, the total of all
daily fines for the offence is not limited to $100,000.
10.5 For the purpose of multiple offences, every person who
contravenes any provision of this by-law and every director
or officer of a corporation who knowingly concurs in the
contravention of a by-law of the Municipality is guilty of an
offence and liable on conviction to a penalty not exceeding
$10,000, exclusive of costs under the provisions of the
Municipal Act, 2001, S.O. 2001, c. 25, as amended.
10.6 Despite section 10.5 and the provisions of the Municipal
Act, 2001, S.O. 2001, c. 25, as amended, the total of all
daily fines for the offence is not limited to $100,000.
10.7 Every person who fails to comply with a notice made under
this By-law is guilty of an offence.
10.8 It shall be an offence for a person to hinder or obstruct, or
attempt to hinder or obstruct, an Officer who is exercising
a power or performing a duty under the Municipal Act,
2001, as amended, or under a by-law passed under the
Municipal Act, 2001, as amended.
10.9 Any person who has been alleged to have contravened any
of the provisions of a by-law passed under the Municipal
Act, 2001, as amended shall identify themselves to the
Officer upon request. Failure to do so shall be deemed to
have obstructed or hindered the Officer in the execution of
the Officer's duties.
10.10Every person who contravenes any section of this by-law
under a part 1 offense, upon conviction shall be liable to a
fine as provided for in the Provincial Offences Act, R.S.O
1990, Chapter P.33 as amended.
10.11Upon conviction any penalty imposed under this By-law
may be collected under the authority of the Provincial
Offences Act, R.S.O. 1990, Chapter P.33, as amended.
By-law No. 2011-30, as amended
Page 5
11.0 ADMINISTRATION AND ENFORCEMENT
11.1 An Officer is hereby vested with the authority of enforcing
the provisions of this By-law.
12.0 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.
13.0 SHORT TITLE
13.1 The short title of this By-law is the Fireworks By-law.
14.0 EFFECTIVE DATE
14.1 This By-law shall come into force and take effect
immediately upon the final passing thereof.
BY-LAW READ A FIRST, SECOND AND THIRD TIME AND
FINALLY PASSED THIS 22Nd DAY OF DECEMBER, 2021.
THE CORPORATION OF THE TOWNSHIP OF TAY
______________________________________
MAYOR
______________________________________
CLERK
By-law No. 2011-30, as amended
Page 6
CORPORATION OF THE TOWNSHIP OF TAY
PART 1 PROVINCIAL OFFENCES ACT
By-Law No. 2011-30, Fireworks By-law
ITEM
Column 1
Short Form Wording
Column 2
Provision
Creating or
Defining
Offence
Column
3
Set Fine
1
Sell or offer for sale any firecrackers.
3.1
$150.00
2
Sell, offer for sale, give or distribute
consumer fireworks to any person under
the age of eighteen.
3.2
$150.00
3
Discharge, fire, set off, or cause to be set
off any firecrackers.
4.1
$150.00
4
Set off consumer fireworks outside of
permitted days.
5.1
$150.00
5
Person under 18 discharge, fire, set off, or
cause to be set off consumer fireworks.
5.2
$150.00
6
Set off consumer fireworks that might
create a danger or nuisance to any person
or property.
5.3
$150.00
7
Set off consumer fireworks on land owned
by the Township of Tay.
5.7
$150.00
8
Hinder or obstruct, or attempt to hinder or
obstruct, any Officer.
9.1
$150.00
Note: The penalty provision(s) for the offences indicated above is
Section 10.0 of By-Law No. 2011-30 a certified Copy of which has
been filed.
By-law No. 2011-30, as amended
Page 7
CORPORATION OF THE TOWNSHIP OF TAY
PART 1 PROVINCIAL OFFENCES ACT
By-Law No. 2011-30, Fireworks By-law
ITEM
Column 1
Short Form Wording
Column 2
Provision
Creating or
Defining
Offence
Column
3
Set Fine
1
Sell or offer for sale any firecrackers.
3.1
2
Sell, offer for sale, give or distribute
consumer fireworks to any person under
the age of eighteen.
3.2
3
Discharge, fire, set off, or cause to be set
off any firecrackers.
4.1
4
Set off consumer fireworks outside of
permitted days.
5.1
5
Person under 18 discharge, fire, set off, or
cause to be set off consumer fireworks.
5.2
6
Set off consumer fireworks that might
create a danger or nuisance to any person
or property.
5.3
7
Set off consumer fireworks on land owned
by the Township of Tay.
5.7
8
Hinder or obstruct, or attempt to hinder or
obstruct, any Officer.
9.1
Note: The penalty provision(s) for the offences indicated above is
Section 10.0 of By-Law No. 2011-30 a certified Copy of which has
been filed.
By-law No. 2011-30, as amended
Page 8
Schedule A
By-law No. 2011-30: Fireworks Regulations
1.
No person shall set off any fireworks when a fire ban is in effect.
2.
No person shall set off Consumer Fireworks within the
Municipality of the Township of Tay at any time except as
follows;
(a)
New Year's Eve - between 7:00 p.m. and 1:00 a.m.
the following day;
(b)
Victoria Day - between 7:00 p.m. and 11:00 p.m. on
the Friday, Saturday and Sunday preceding and including
the statutory holiday Monday;
(c)
Canada Day - between 7:00 p.m. and 11:00 p.m.
the Friday, Saturday and Sunday prior to Canada Day, the
Friday, Saturday and Sunday directly following Canada Day
or on July 1st;
(d)
Civic Holiday - between 7:00 p.m. and 11:00 p.m.
on the Friday, Saturday and Sunday preceding and
including the Civic holiday Monday.
(e)
Labour Day - between 7:00 p.m. and 11:00 p.m. on
the Friday, Saturday and Sunday preceding and including
the statutory holiday Monday.
3.
No person under the age of eighteen (18) years of age may
discharge, fire, set off, or cause to be set off any consumer
fireworks.
4.
No person shall set off any consumer fireworks in a manner that
might create a danger or nuisance to any person or property.
5.
No person shall set off any consumer fireworks except between
7:00pm and 11:00 p.m. with the exception of New Year's Eve.
6.
Please be advised that pursuant to Township of Tay By-law No.
2011-30, as amended an offence will carry a fine of $150.00 plus
the victim surcharge.