Firework By-law 1996-024

Being a by-law of the Corporation of the Town of Bradford West Gwillimbury to regulate the sale and setting off of Fireworks within the limits of the Corporation of the Town of Bradford West Gwillimbury and the precautions to be observed.

For the purpose of this By-law:

(A) "Council" means the Council of the Corporation of the Town of Bradford West Gwillimbury.

(B) "Fireworks" shall consist of the following devices:

     (i) "Display Fireworks" shall mean a device or devices classed by the Department of Energy, Mines and
     Resources as High Hazard Fireworks Class 7.2.2. being the type used at public gatherings and includes but
     is not limited to rockets, serpents, shells, bombshells, tourbillions, maroons, large wheels, bouquets,
     barrages, bombardos, waterfalls, fountains and mines.

     (ii) "Family Fireworks" shall mean a device or devices classed by the Department of Energy, Mines and
     Resources as Low Hazard Fireworks Class 7.2.1. used for recreation which includes but is not limited to
     firework showers, fountains, golden rain, lawn lights, pinwheels, roman candles, volcanoes and sparklers.

     (iii) "Firecracker" shall mean a noise-producing device which uses a chemical compound and entwined fuses
     and which are designed and used primarily as noisemakers.

(C) "Permit" means an Application for Display Fireworks Permit as set forth in Schedule "A" of this By-law, and issued by the Fire Department of the Town of Bradford West Gwillimbury.

(D) "Person" includes both a corporation and a natural individual. Where a Person is a minor, "Person" includes the parent or guardian of the minor.

(E) “Sale" shall include all attempts or offers to sell or invitations to purchase, whether by express act or implication.

(A) No person shall sell or otherwise provide Firecrackers in the Town of Bradford West Gwillimbury.

(B) No person shall sell or otherwise provide Family Fireworks in the Town of Bradford West Gwillimbury except for a period of ten (10) days prior to and including the day in the month of May designated as Victoria Day, and for a period often (10) days prior to and including Canada Day.

(C) No person shall sell or otherwise provide Family Fireworks to any person under the age of eighteen (18) years.

(D) No person shall sell or otherwise provide Display Fireworks to any person under the age of twenty-one (21) years.

(E) Where Fireworks are offered for sale, they shall not be located at or near a means of access or egress to any building or room.

(F) No person shall sell Fireworks in the Town of Bradford West Gwillimbury without displaying in his shop or place of business in a clearly visible location at a point adjacent to the Fireworks being sold, a complete copy of this By-Law known as By-Law 96-024, as amended from time to time.

The storage, sale and handling of Fireworks shall be in conformance with the Ontario Fire Code, the Explosives and Fireworks Regulations made thereunder and all other applicable legislation.

No person shall set off Firecrackers in the Town of Bradford West Gwillimbury.

(A) No person shall set off Family Fireworks except on Canada Day or the day designated as the Victoria Day holiday, as well as the two days immediately preceding and following the same.

(B) No person shall set off any Fireworks on any public land without advance written approval from the Council of the Town of Bradford West Gwillimbury.

(C) No person shall set off any Family Fireworks in any building or vehicle.

(D) Every person who sets off Family Fireworks shall take all steps reasonably necessary, as would a reasonable and prudent person, to ensure that no harm to persons or damage to property shall result.

(E) Notwithstanding any other provisions of this By-law, no person shall set off any Family Fireworks in the Town of Bradford West Gwillimbury if a Fire Ban has been instituted by the Fire Chief and such Fire Ban has not been lifted. (added by by-law 2020-42)

(A) No person shall set off Display Fireworks in the Town of Bradford West Gwillimbury except pursuant to the terms of a Permit issued for such purpose and in compliance with the provisions of this By-Law and all other applicable laws.

(B) The Fire Chief of the Town of Bradford West Gwillimbury or his designate shall issue a Permit based on the following criteria:

     (i) Each permit application shall state the name of the club, association or group to whom the same is
     issued, the purpose of the display, the place and date at which and on which the same may be held, and
     the name of the person under whose supervision the same shall be held, together with any special
     conditions imposed by the Chief of the Fire Department to promote the health and safety of the public at
     the event.

     (ii) A Permit may only be issued to a service club, association or group.

     (iii) A Permit may be issued for the purpose of celebrating Victoria Day or Canada Day. Where an applicant
     wishes to celebrate any other event, it must obtain the approval in writing of the Council of the Town of
     Bradford West Gwillimbury prior to applying for a Permit.

     (iv) If the Display Fireworks are to be held on public land, the approval in writing of the Council of the Town
     of Bradford West Gwillimbury must be obtained by the applicant prior to applying for a Permit.

     (v) If the Display Fireworks are to be held on private land, the approval in writing of the registered land
     owner must be obtained by the applicant prior to applying for a Permit.

     (vi) Display Fireworks shall only be set off under the supervision of a person of not less than 21 years of
     age who is certified as a Fireworks Supervisor and is in possession of a valid Fireworks Supervisors Card as
     issued by Energy, Mines and Resources Canada.

     (vii) No permit shall be issued for a location within 150 meters of a Nursing Home, Public Hospital, Home
     for Aged, any premises or place where explosives, gasoline or other highly inflammable substances are
     manufactured, sold or stored, or within 150 meters of a church or a public, separate, secondary or other
     school.

     (viii) The Permit fee shall be $25.00.

     (ix) Every applicant shall provide with the Permit proof of Liability Insurance with a minimum coverage of
     one million dollars ($1,000,000.00) for each event before a Permit will be issued.

(C) Notwithstanding any other provisions of this By-law, no person shall set off any Display Fireworks in the Town of Bradford West Gwillimbury if a Fire Ban has been instituted by the Fire Chief and such Fire Ban has not been lifted. (added by by-law 2020-42)

7. Every person who sets off Display Fireworks shall take all steps reasonably necessary, as would a reasonable and prudent person, to ensure that no harm to persons or damage to property shall result.

8. It is hereby declared for greater certainty that for the purposes of this By-Law, the setting off of Family Fireworks on Victoria Day or Canada Day or the two days immediately preceding or on the two days immediately following Victoria Day or Canada Day on land appurtenant to a private residence by the owner or tenant of such resident or a person authorized by him so to do shall not be deemed to be Display Fireworks as defined in this By-Law; and the sale or setting off of pyrotechnical signalling devices for marine, military or railway purposes shall not be deemed to be respectively the sale or setting off of Fireworks.

Every person who contravenes any provision of this by-law is guilty of an offence and liable upon conviction to a penalty not exceeding $5,000.00, exclusive of costs and the provisions of the Provincial Offenses Act, R.S.O. 1990, C. P.33, as amended, shall apply to the said fine.

That By-Law No. 93-019 is hereby repealed.

This By-law shall be cited as the Fireworks By-law.

This By-Law shall come into full force and effect upon the day of final passage thereof.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 22ND DAY OF APRIL, 1996.

Originally signed by Juanita Dempster-Evans, Clerk and Frank Jonkman, Mayor.