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THE CORPORATION OF THE TOWN OF WASAGA BEACH
BY-LAW 2025-12
A By-law to prohibit and regulate the sale and use of fireworks
WHEREAS Section 121 (1) of the Municipal Act, 2001, S.O. 2001 c.25 provides that the
Council may prohibit and regulate the sale of fireworks and the setting off of fireworks;
AND WHEREAS Section 121 (2) of the Ontario Municipal Act, 2001, S.O. 2001 c.25
provides that the Council may prohibit the activities described in Section 121 (1), above,
unless a permit is obtained from the municipality for those activities and may impose
conditions for obtaining, continuing to hold and renewing the permit, including requiring
the submission of plans;
AND WHEREAS sections 23.1 and 23.2 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, authorizes a municipality to delegate certain powers and duties;
AND WHEREAS Council for the Corporation of the Town of Wasaga Beach deems it
necessary for the safety and well-being of the community to prohibit and regulate the
setting off of fireworks and for requiring permits for firework public displays within the
Corporation of the Town of Wasaga Beach;
NOW THEREFORE the Council of the Corporation of the Town of Wasaga Beach
enacts as follows:
Scope
1 .1.
Thís By-law applies to the regulations and prohibitions of fireworks in the
Town of Wasaga Beach.
2. Short Title
2.1. This By-law may be cited as the "Fireworks By-law".
3. Definitions
3.1. In this By-law:
3.1 .1 . "Act" means the Explosives Act, R.S.C. 1 985, c. E-17 and the
regulations enacted thereunder as amended from time to time or
any act or regulations enacted in substitution therefor;
3.1.2. "Administrative Penalty" means fines or sanctions imposed as a
consequence for violating By-laws and regulations for the purpose
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1.
of enforcing compliance with the By-laws and regulations of the
Town of Wasaga Beach.
3.1.3. "AMPS By-law" means the Town's Administrative Monetary
Penalties By-law, as amended.
3.1.4. "Consumer Fireworks" means low-hazard fireworks that are
generally used for recreation and are classified as Type F.1
explosives under the Act such as, but not limited to, roman candles,
barrages, cakes, comets, mines, missiles, skyrockets, fountains,
wheels, ground spinners, burning schoolhouses, and flying ghosts,
3.1.5. "Display Fireworks" means high hazard fireworks that are
generally used for public display and designed for use by
professionals and are classified as Type F.2 explosives under the
Act, such as aerial shells, waterfalls, lances, rockets, serpents,
shells, bombshells, tourbillions, maroons, bouquets, bombardos,
fountains, batteries, illumination set pieces and pigeons, and large
wheels;
3.1 .6. "Fire Chief' means the Chief of The Town of Wasaga Beach Fire
Department or designate;
3.1.7. "Fireworks" means any Prohibited Fireworks, Consumer
Fireworks or Display Fireworks, but does not include sparklers;
3.1.8. "Permit" is a permit to discharge fireworks issued by the Fire
Chief. Without limiting this definition, a Fireworks Permit for Display
Fireworks, Consumer Fireworks, Pyrotechnics or a combination;
3.1.9. "Flying Lantern" means a sky lantern, also known as Kongming
lantern or Chinese lantern, is a small hot air balloon made of paper,
with an opening at the bottom where a small fire is suspended such
that a lantern will rise and float while ignited;
3.1.10. "FPPA" means the Fire Protection and Prevention Act, 1997, S.O.
1997, c. 4, as amended, and the regulations enacted thereunder as
amended from time to time or any act or regulations enacted in
su bstitution therefor;
3.1.11. "Officer" includes municipal law enforcement officers, fire
inspectors, fire prevention officers, police officers, and any person
appointed by Councilto enforce this By-law;
3,1.12. "Person" means an individual, property owner, association, firm,
partnersh ip, corporation, trust, i ncorporated com pany, organ ization
and includes the directors and officers of a corporation, a
corporation created underthe Condominium Act, 1998, S.O. 1998,
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c. 19, as amended, and the trustees, agents, heirs, executors or
other legal representatives of a person to whom the context can
apply according to law;
3.1 .13. "Prohibited Fireworks" means fireworks included on the most
recent list of prohibited fireworks or explosives set out in the Act,
including but not limited to cherry bombs, M-80's, silver salutes and
flash bombs and smoke bombs, fake firecrackers and other similar
trick devices or practicaljoke devices;
3.1.14. "Public Fireworks Display" means an exhibition of Fireworks in
an open air assembly, occupancy to which the public is invited,
attends or admitted, with or without a fee being charged;
3.1 .15. "Pyrotechnician" means a Person who is certified under the Act
as'pyrotechnician','senior pyrotechnician','special effects
pyrotech n icia n' or'special effects pyrotechn icia n -detonatin g cord'
and is qualified to purchase and supervise the display of
'pyrotechnic special effects' under the Act;
3.1.16. "Pyrotechnics" includes high hazard fireworks used to produce a
special effect in a film or television production or a performance
before a live audience; explosives which may be classified as Type
F.3 in the Act; fireworks accessories which may be classified as
Type F.4 in the Act; black powder and hazard category PE 1 black
powder substitutes which may be classified as Type P.1 in the Act;
smokeless black powder and hazard category PE 3 black powder
substitutes which may be classified as Type P.2in the Act; initiation
systems classified as Type I under the Act such as blasting
accessories; and detonating cord classified as Type E.1 under the
Act.
3.1.17. "Town" means the Corporation of the Town of Wasaga Beach
4.
General Prohibitions
4.1
No Person shall use, display, set off or discharge, or cause or permit to be
used, set off or discharged, any Fireworks without a valid Permit;
4.2
No Person shall sell or cause or permit to be sold any Fireworks within the
Town,;
4.3. No person, or shall ignite a Sky Lantern within the Town;
4.4. No person shall sell, offer for sale, buy or offer to buy a Sky Lantern;
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5
4.5
No person shall set, host or permit a Pyrotechnic display without a valid
permit.
Permits - Public Fireworks Display & Pyrotechnics Display
5.1
A Permit may be issued by the Fire Chief for a Public Fireworks Display or
Pyrotechnics display on any land if the requirements listed in this section
are met.
5.2.
5.3
5.4
An application form has been completed and the application fee paid in
accordance with the Town's Fees and Charges By-law.
Filed with the application form shall be current and up to date site plan
with dimensions showing:
5.3.1. the location of the proposed Public Fireworks Display or
pyrotechnics.
5.3.2. the access to be provided for fire and emergency vehicles.
5.3.3. the free zone area of clear distance between the point of launch
and an occupied area.
Filed with the application form shall be a statement of the safety measures
being implemented.
Filed with the application form shall be a Certificate of Liability lnsurance
certifying the permit being applied for is insured against general liability
and property damage claims, in the minimum amount of Five Million
Dollars ($5,000,000.00) inclusive for any one occurrence. Said policy shall
name The Corporation of The Town of Wasaga Beach as an additional
insured. Said policy shall be endorsed to provide that the policy will not be
altered, cancelled or allowed to lapse without ten (10) days' prior written
notice to the Corporation.
The Fireworks shall only be set off on the day(s) specified by the Permit.
The Permit Holder must ensure a Display Supervisor or Pyrotechnician
certified under the Act, is present.
The permit holder shall comply at all times with the provisions of the Act,
the FPPA, the'Display Fireworks Manual'published by Natural Resources
Canada or any successor publication.
The Fire Chief has absolute discretion to refuse a Permit for any reason
whatsoever and without limiting the generality of the discretion, a reason
may include any of the provisions of this By-law, any other By-law, FPPA,
the Act or Regulations, the past history of the applicant; the proposed
5.5
5.6
5.7
5.8
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5.9
6
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locale of the display; insurance; the safety measures to be taken or lack
thereof; any environmental consideration; or any consideration regarding
the safety of the public or property.
Notwithstanding the forgoing 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 he
deems advisable in the particular circumstances of the application.
Revocation and General Permit Regulations
The Fire Chief may revoke, without prior notice to the permit holder or any
other Person, any Permit issued pursuant to this By-law if:
6.1.1. the Public Firework Display or Pyrotechnics display is contrary to
the provisions of this By-law; and/or any conditions upon which the
Permit was issued; or any other applicable law;
6.1.2. if the Permit was issued on mistaken, false or incorrect information;
6.1.3. if the Fire Chief has concerns thatthe, use, setting off, discharge,
firing or holding any display of Consumer Fireworks, Display
Fireworks or Pyrotechnics poses a serious risk to public safety;
6.1.4. if the Permit was issued in error; or
6.1.5. if the permit holder requests in writing to the Fire Chief that
Fireworks Permit be revoked.
6.2. Any Permit issued pursuant to this By-law is non-transferrable
Every permit holder shall produce their Permit upon being so directed by
the Fire Chief or Officer.
5.10
6.1
6.3
6.4
The issuance of any Permit by the Fire Chief shall not relieve the permit
holder from compliance with any other applicable law.
6.5. The Town is exempt from the requirement to obtain a Permit.
Entry and lnspection
An Officer may, at any time, enter onto land to determine whether this By-
law is being complied with.
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7.1
I
I
8.1
8.2
9.1
9.2
Obstruction
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.
Any person who has been alleged to have contravened any of the
provisions of this 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 duties.
Penalty
Any person who contravenes any of the provisions of this By-law is guilty
of an offence and upon conviction is liable to a fine as provided for in the
Provincial Offences Act, R.S.O. 1990, Ch. 33, as amended.
Every Person who is charged with an offence under this By-law by the
filing of a certificate of offence under Part I of the Provincial Offences Act,
R.S.O. 1990, c. P.33, as amended, upon conviction is liable to a fine as
provided for by the aforesaid act.
Every Person who is charged with an offence under this By-law by the
laying of an information under Part lll of the Provincial Offences Act,
R.S.O. 1990, c. P.33, as amended, upon conviction is liable, pursuant to
the fine provisions of the Municipal Act, 2001, to a fine as follows:
9.3.1 . to a minimum fine of $500 and to a maximum fine of $100,000;
9.3.2. for each day or part of a day that the offence continues, to a
minimum fine of $500 and a maximum fine of $10,000, and the total
of all daily fines for the offence is not limited to $100,000; and
9.3.3. in the case of multiple offences, for each offence included in the
multiple offence, to a minimum fine of $500 and a maximum fine of
$10,000, and the total of all fines for each included offence is not
limited to $100,000.
An officer may, at their discretion, issue an Administrative Penalty to a
Person who has contravened this By-law, in lieu of laying a charge under
the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended, for a
breach of any provision of this By-law.
lf a Person is required by a municipality to pay an Administrative Penalty
in respect of a contravention of this By-law, the Person shall not be
charged with an offence in respect of the same contravention.
9.3
9.4
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9.5
9.6
10.
Seizure
10.1
The amount of the Administrative Penalty for a breach of a provision of
this By-law, issued under this By-law, is fixed as set out in the Town's
AMPS By-law as amended.
Any Officer who observes a contravention of the provisions of this By-law
may seize any Fireworks in the possession of the person or corporation
who committed the contravention.
11. Validity and Severability
11 .1. Should any provision of this By-law be declared invalid by a Court of
competent jurisdiction such offending provision shall be deemed to have
been severed from this By-law and the remaining sections shall continue
in full force and effect and shall remain valid and binding.
12. Repeal
12.1. By-law #2003-85 and #2019-121 are hereby repealed
13. Effective Date
13.1. This By-law shall come into force and take effect on the day it is passed
BY.LAW READ A F¡RST, SECOND AND THIRD TIME AND FINALLY PASSED THIS
DAY OF IOth DAY OF APRIL,2025.
THE CORPORATION OF THE TOWN OF WASAGA BEACH
Brian Smith, Mayor
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Nicole Rubli, Clerk