Discharge of Firearms By-law 2016-80

1.1  “Agent” means a person authorized to act as an agent for a landowner for the protection of property and includes:

                  a) a person authorized by the regulations under the Fish and Wildlife Conservation
                      Act; 

                  b) trappers licensed under Ontario Regulation 667/98 (Trapping);

                  c) employees or agents of a member of the Ontario Society for the Prevention of
                      Cruelty to  Animals under the Ontario Society for the Prevention of Cruelty to
                      Animals Act, R.S.O. 1990, c.  O.36 or any amending or successor legislation;

                  d) members of a landowner’s immediate family acting on behalf of the landowner on
                      the landowner’s own land;

                  e) employees or agents of a municipality whose responsibility relates to wildlife
                      control; and

                  f) persons who hold a valid class H1 outdoors card issued under Ontario Regulation
                     665/98, for the purposes of killing or harassing the wildlife but not capturing it.

1.2  “Bow” means a curved or re-curved stave of a resilient material, strung taut from end to end and used to launch an arrow, bolt, quarrel or any similar projectile that is capable of causing bodily injury or death to a person and includes cross-bows, long bows, re-curved bows and compound bows.

1.3  “Business” means a person who carries on a business that includes the manufacture, assembly, possession, purchase, sale, importation, exportation, display, repair, restoration, maintenance, storage, alteration, pawn brokering, transportation, shipping, distribution or delivery of firearms or bows, and ammunition for firearms or bows.

1.4  “Conservation Officer” means a Conservation Officer or Deputy Conservation Officer appointed pursuant to the Fish and Wildlife Conservation Act.

1.5  “Defined Areas” includes all Property illustrated in Schedules “A” through “E” inclusive of this By-law and portions thereof.

1.6  “Educational Property” includes school facilities operated by a school board, a private school, a university, a provincial college, a private college or an outdoor area owned by the school;

1.7  "Farming and Food Production Protection Act” means the Farming and Food Production Protection Act, 1998, S.O. 1998, c. 1, or any amending or successor legislation.

1.8  “Firearm” means a barreled weapon from which any shot, bullet or other projectile can be discharged and that is capable of causing bodily injury or death to a person, and includes any frame or receiver of such a barreled weapon and anything that can be adapted for use as a firearm, including air guns, spring-guns, or any class or type thereof;

1.9  “Fish and Wildlife Conservation Act” means the Fish and Wildlife Conservation Act, 1997, S.O. 1997 c. 41, or any amending or successor legislation.

1.10  “Municipal Act” means the Municipal Act, 2001, S.O. 2001, c. 25, or any amending or successor legislation.

1.11  “Normal Farm Practice”, as defined in the Farming and Food Production Protection Act, means a practice which is conducted in a manner consistent with proper and acceptable customs and standards, as established and followed by similar agricultural operations under similar circumstances, or makes use of innovative technology in a manner consistent with proper advanced farm management practices, and includes any practice which may be recognized as such by the Normal Farm Practices Protection Board.

1.12  “Officer” means a Municipal Law Enforcement Officer who has been appointed with the responsibility for enforcing the provisions of this By-law, or any other individual designated by the Town to enforce this By-law.

1.13  “Park” includes all municipally owned parks, parkland or open spaces;

1.14  “Peace Officer” means a member of a municipal, provincial or federal police force or the Canadian Armed Forces.

1.15  “Person” means an individual, firm, corporation, business, association or partnership.

1.16  “Property” means any parcel of land and any buildings or structures on the land and includes a portion of property.

1.17  “Protection of Property” means the killing, capturing or harassing of wildlife found damaging or destroying property on a person’s own land, or, that a person believes, on reasonable and probable grounds, is about to damage or destroy property on their own land.

1.18  “Town” means the geographic area comprising the Town of Bradford West Gwillimbury.

1.19  “Trapper” means a person licensed by the Ministry of Natural Resources in accordance with the Fish and Wildlife Conservation Act, 1997 and Regulations to hunt and trap fur-bearing mammals.

1.20  “Zone” means a zone as designated in the Town Zoning By-law, as amended.

2.1  The provisions of this By-law shall apply to all discharges of Firearms and Bows within the boundaries of the Town.

2.2  Nothing in this By-law shall be interpreted as reducing or eliminating the need for full compliance with the provisions of all applicable federal and provincial statutes and associated regulations, including but not limited to the following:

                  a) Criminal Code,  R.S.C. 1985, c. C-46;

                  b) Firearms Act, S.C. 1995, c. 39;

                  c) Migratory Birds Convention Act, 1994, S. C. 1994, c. 22; and

                  d) Fish and Wildlife Conservation Act. 

3.1  This By-law shall not apply to the discharge of a Firearm or Bow:

                 a) for the Protection of Property in accordance with the Ontario Fish and Wildlife
                     Conservation Act, or a permit issued under the Canada Migratory Birds
                     Regulations; 

                 b) undertaken as a Normal Farm Practice;

                 c) used by any Peace Officer or Conservation Officer acting in the course of their duty
                     under the authority of their employment;

                 d) at a facility operated or utilized by Peace Officers for training purposes;

                 e) at a lawful shooting range, paintball club, or skeet club or at a shooting meet
                     which has been authorized by Town Council;

                 f) at an Educational Property used for instruction in the proper use of Firearms or
                    Bows;

                 g) at a federally regulated and licensed Business, the use and location of which is
                     lawful and in accordance with all applicable federal, provincial and municipal laws;
                     and

                 h) used by a Person firing blank ammunition for the purposes of:

                               i) a ceremonial event, historical display or educational program;

                               ii) a theatrical film or television production;

                               iii) a sporting event; or

                               iv) the training of animals 

4.1 No Person shall discharge a Firearm or Bow in the Town except in accordance with this By-law.

4.2 No Person shall discharge a Firearm or Bow in the Town upon Properties, or parts thereof, within a Defined Area.

4.3 No Person shall discharge any Firearm or Bow in the Town upon Property outside a Defined Area except where such Person is the land owner, tenant, Agent authorized by the land owner or tenant, or a Person with the land owner or tenant’s permission.

4.4 Where the Firearm is a rifle, no Person shall discharge any rifle greater than 0.275 calibre.

4.5 No Person shall discharge from a Firearm or Bow any bullet, shot, bolt, arrow, or quarrel over the boundary line of a Property.

4.6 No Person shall discharge a Firearm or Bow within 50.0 metres of a public highway.

4.7 No Person shall discharge any Firearm or Bow within 200.0 metres of:

                  a) any dwelling, other than a dwelling located on the Property upon which the lawful
                     discharge occurs; or 

                  b) any Park; or

                  c) any Educational Property or religious institution, including but not limited to any
                      building, structures or grounds related thereto.

The provisions of this By-law may be enforced by a Peace Officer or Officer appointed to enforce By-laws for the Town. 

6.1 The Town’s power of entry may be exercised by an Officer or Peace Officer.

6.2 No Person shall hinder or obstruct, or attempt to hinder or obstruct, any person who is exercising a power of entry or performing a duty under this By-law.

6.3 An Officer or Peace Officer may enter on Land at any reasonable time for the purpose of carrying out an inspection to determine whether or not the following are being complied with:

                   a) this By-law;

                   b) an order of the Town made under this By-law;

                   c) an order made under Section 431 of the Municipal Act.

6.4 An Officer or Peace Officer may undertake an inspection pursuant to an order issued under Section 438 of the Municipal Act.

6.5 Where an inspection is conducted by an Officer or Peace Officer they may:

                  a) require the production of any documents or things relevant to the inspection;

                  b) inspect and remove documents or things relevant to the inspection for the

                     purpose of making copies or extracts;

                  c) require information from any Person concerning a matter related to the inspection
                      including their name, address, phone number and identification; and

                  d) alone or in conjunction with a Person possessing a special or expert knowledge,
                      make examinations or take tests, samples or photographs necessary for the
                      purposes of the inspection.  

The following schedules referred to in this By-law shall form part of this By-law

• Schedule “A”
• Schedule “B”
• Schedule “C”
• Schedule “D”
• Schedule “E”

8.1 Every person who contravenes a provision of this By-law, including an order issued under this By-law, is guilty of an offence and upon conviction, is liable to a fine as provided for in section 429 of the Municipal Act.

8.2 If an order has been issued under this By-law and the order has not been complied with, the contravention of the order shall be deemed to be a continuing offence for each day that the order is not complied with.

8.3 Every Person who is guilty of an offence under this By-law shall be subjected to the following penalties:

                  a) upon first conviction, to a fine of not less than $100.00 and not more than
                     $50,000.00;

                  b) upon a second or subsequent conviction for the same offence, to a fine of not less
                      than $400.00 and not more than $100,000.00; and

                  c) upon a conviction for a continuing offence, to a fine of not less than $100.00 and
                     not more than $10,000.00 for each day that the offence continues a the total of
                     the daily fines may exceed $100,000.00.

If any provision or article of this By-law is for any reason found to be invalid by a court of competent jurisdiction, the provision or article found to be invalid shall be severed from the By-law and the remaining provisions or article shall remain in effect until repealed.

Town of Bradford West Gwillimbury By-law 95-006 is hereby repealed. 

This By-law shall come into force and take effect on the date it is enacted.

Enacted this 6^th day of September, 2016.

Original copy signed                              Original copy signed

Rebecca Murphy, Clerk                           Rob Keffer, Mayor