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Page 1 of 5
Chapter 802
January 1, 2024
Protection
Chapter 0802 - Fireworks
Chapter Index
Article 1 - Short Title
802.1.1
Citation
802.2.1
802.2.2
802.2.3
802.2.4
802.2.5
802.2.6
802.2.7
802.3.1
802.4.1
802.4.2
802.4.3
802.5.1
802.6.1
802.6.2
802.6.3
802.6.4
802.6.5
802.7.1
802.8.1
802.8.2
Article 2 - Interpretation
Act - defined
Consumer Fireworks - defined
Fireworks - defined
Officer - defined
Person - defined
Owner - defined
Prohibited Fireworks - defined
Article 3 - Application
Application
Article 4 - General Provisions
Prohibited Fireworks - use - sale
Consumer Fireworks - use - sale
Private Property - discharge
Article 5 - Authority
Enforcement - Officer
Article 6 - Inspections
Entry - reasonable time
Production - documents - things
Examinations - tests - samples - photographs
Information - Person
Obstruction
Article 7 - Enforcement
Penalty - contravention
Article 8 - Repeal - Enactment
By-law - previous
Effective date
Page 2 of 5
Chapter 802
January 1, 2024
WHEREAS section 9 of the Municipal Act, S.O. 2001, c. 25 provides that
a municipality has the capacity, rights, powers, and privileges of a
natural person for the purpose of exercising its authority under this or
any other Act;
AND WHEREAS section 121 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;
AND WHEREAS subsection 7.1 (1) of the Fire Protection and Prevention
Act, 1997, c. 4, as amended, provides that a council of a municipality
may pass by-laws regulating fire prevention, including the prevention of
spreading fires;
AND WHEREAS section 426 of the Municipal Act, 2001, c. 25 provides
that no person shall hinder, obstruct, or attempt to hinder or obstruct
any person who is exercising a power or performing a duty under a by-
law passed under the Municipal Act, 2001.
NOW THEREFORE the Council of The Corporation of the City of
Woodstock enacts as follows:
Article 1 - Short Title
802.1.1
Citation
This Chapter may be cited as the "Consumer Fireworks By-law".
Article 2 - Interpretation
802.2.1
Act - defined
"Act" means the Explosives Act, R.S.C. 1985, c. E-17 and the
regulations enacted thereunder as amended from time to time or any
act or regulations enacted in substitution therefor.
802.2.2
Consumer Fireworks - defined
"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, sparklers, flying
lanterns, barrages, cakes, comets, mines, missiles, skyrockets,
fountains, wheels, ground spinners, burning schoolhouses, and flying
ghosts.
802.2.3
Fireworks - defined
"Fireworks" means any Prohibited Fireworks or Consumer Fireworks.
Page 3 of 5
Chapter 802
January 1, 2024
802.2.4
Officer - defined
"Officer" means any municipal law enforcement officers, firefighters,
police officers, and any person appointed by Council to enforce this by-
law.
802.2.5
Person - defined
"Person" means an individual, property owner, association, firm,
partnership, corporation, trust, incorporated company, organization,
directors and officers of a corporation, a corporation created under the
Condominium Act, 1998, S.O. 1998, 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.
802.2.6
Property Owner - defined
"Property 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.
802.2.7
Prohibited Fireworks - defined
"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, flying lanterns, sparkling matches, cherry bombs, M-80's,
silver salutes, flash bombs, smoke bombs, fake firecrackers, and other
similar trick devices or practical joke devices.
Article 3 - Application
802.3.1
Application
This Chapter shall apply to all areas within the municipal boundaries of
the City of Woodstock.
Article 4 - General Provisions
802.4.1
Prohibited Fireworks - use - sale
No Person, or group of Persons, shall use, sell, offer to sell, display,
purchase, distribute, set off or discharge, or cause or permit to be used,
sold, offered for sale, purchase, distributed, set off or discharged, any
Prohibited Fireworks. (See Set Fine)
802.4.2
Consumer Fireworks - use - sale
No Person, or group of Persons, shall use, set off, discharge, fire, sell,
offer to sell, purchase, display, distribute, or cause or permit to be
used, fired, sold, offered for sale, purchased, distributed, set off or
discharged, any Consumer Fireworks. (See Set Fine)
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Chapter 802
January 1, 2024
802.4.3
Private Property - discharge
When Fireworks are discharged from a private property, the property
owner is deemed to have permitted, allowed, or caused the setting off
of the Fireworks, unless there is evidence to the contrary, the proof of
which lies with the property owner.
Article 5 - Authority
802.5.1
Enforcement - Officer
Any Officer shall be responsible for the enforcement of this by-law.
Article 6 - Inspections
802.6.1
Entry - reasonable time
Any Officer or any agent acting on behalf of the City may at any
reasonable time enter upon land and into structures for the purpose of
carrying out an inspection to determine whether this by-law is being
complied with and any power of entry shall be exercised in accordance
with Part XIV of the Municipal Act, 2001.
802.6.2
Production - documents - things
Where an inspection is conducted in accordance with this by-law, an
Officer may require the production of documents or things for review or,
inspect and remove documents or things for the purpose of making
copies, that may be relevant to the inspection.
802.6.3
Examinations - tests - samples - photographs
While conducting an inspection in accordance with this by-law, either
alone or in conjunction with a Person possessing special or expert
knowledge, an Officer may make examinations or take tests, samples,
or photographs necessary for the purposes of the inspection.
802.6.4
Information - Person
An Officer may require any information from any Person concerning a
matter related to the inspection, including but not limited to names,
addresses, contact information, and proof of identity or other
identification.
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Chapter 802
January 1, 2024
802.6.5
Obstruction
No Person shall hinder, obstruct, or interfere with an Officer conducting
an inspection, refuse to answer questions on matters relevant to the
inspection, or provide information on matters relevant to the inspection
that the Person knows to be false or misleading.
Article 7 - Enforcement
802.7.1
Penalty - contravention
Every Person who contravenes any provision of this Chapter is guilty of
an offence, and every director of officer of a corporation who knowingly
concurs in the contravention of this Chapter by their corporation is
guilty of an offence, and upon conviction is liable to a fine or penalty as
provided in the Provincial Offences Act, R.S.O. 1990, c. P..33, as
amended.
Article 8 - Repeal - Enactment
802.8.1
By-law - previous
By-law 9519-22 and all other existing by-laws, parts thereof, or any
amendments thereto inconsistent with this Chapter are hereby
repealed.
802.8.2
Effective date
The by-law upon which this Chapter is founded comes into force and
takes effect on January 1, 2024. By-law 9638-23, November 2, 2023.