Fireworks By-Law

"Consumer fireworks" are now permitted on specific days of the year. This category of fireworks can only travel up to a maximum height of three (3) meters from the ground. Do you want fireworks explosions taller than three meters high? You must contact the Public Safety and Enforcement Department.

Highlights

You can set off "consumer fireworks" on your property between sunset and 11:00p.m. on the following days:

• The day before, the day of, and the day after Victoria Day
• The day before, the day of, and the day after St Jean Baptist
• Two days before, the day of, and two days after Canada Day
• The day before, the day of, and the day after New Year’s Eve

Please read the Fireworks By-Law below before setting off any fireworks. 

Setting Off Fireworks

• Consumer fireworks cannot travel more 3 meters from the point of ignition.
• You can discharge fireworks only on days listed in Schedule A of the bylaw.
• No discharging of fireworks on any Township property, street or public place
• Have fire extinguisher readily available.
• Fireworks debris cannot land on buildings, fence, hedge, trees, highway or public or private properties other than where they are being discharged.
• Fireworks are not allowed during a fire ban. View latest fire ban updates here.

Sale of Fireworks

• Not to sell to anyone under the age of 18.
• Not to sell to anyone who appears to be under the age of 25 without proof of age.

Contact the Public Safety and Enforcement Department for more information.

Fireworks By-Law

Department: Public Safety and Enforcement
Effective date: September 1, 2021
By-Law Number: 2021-075

BEING A BY-LAW TO prohibit and regulate the sale and discharging of fireworks in the Township of Russell.

WHEREAS Section 11(2) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, permits councils of local municipalities to pass by-laws and make regulations for the health, safety and well-being of persons within the municipality; and

WHEREAS subsection 120(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended provides that a local municipality may: (a) prohibit and regulate the manufacture of explosives in the municipality; (b) prohibit and regulate the storage of explosives and dangerous substances in the municipality; (c) regulate the keeping and transportation of explosives and dangerous substances in the municipality; and (d) prohibit the manufacture or storage of explosives 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 paragraph (a) of section 121 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that the Town may prohibit and regulate the Sale of Fireworks and the discharging of Fireworks, as defined in this by-law; and

WHEREAS paragraph (b) of section 121 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that local municipalities may prohibit the Sale and discharging of Fireworks unless a permit is obtained and may impose conditions for obtaining, continuing to hold, and renewing the permit, as defined in this by-law; and

WHEREAS Section 436 of the Municipal Act, 2001, S.O. 200, c.25, as amended, states that a municipality has the power to pass by-laws providing that the municipality 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 by-law of the municipality passed under this Act, a direction or order of the municipality made under this Act or made under a by-law of the municipality passed under this Act, a condition of a licence issued under a by-law of the municipality passed under this Act or an order made under section 431 of this Act; and

WHEREAS paragraph 7.1(1)(a) of the Fire Protection and Prevention Act, 1997, S.O. 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; now therefore be it

RESOLVED THAT THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF RUSSELL ENACTS AS FOLLOWS:

1. Definitions

In this by-law:

• ‘Act’ means the Explosives Act, R.S.C. 1985, c. E-17, as amended, and any regulations enacted thereto, or any act or regulations enacted in substitution thereof;
• ‘Authorization’ means a permission from the Council of the Township of Russell granted by resolution or amendment to permit the discharging of fireworks;
• ‘Council’ means the Council of the Township of Russell;
• ‘Director’ means the Director of Public Safety and Enforcement for the Township of Russell or his/her designate;
• “Explosives Act” means the Explosives Act, R.S.C. 1985, c. E-17, as amended, and any regulations enacted thereto, or any act or regulations enacted in substitution thereof;
• “Fire Chief” means the persons appointed by By-law as Fire Chief in the Township of Russell or his/her designate;
• "Firecracker" means a pyrotechnic device that explodes when ignited and does not make any subsequent display or visible effect after the explosion, and includes those devices commonly known as Chinese firecrackers;
• “Fire Protection and Prevention Act” means the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4, as amended, and any regulations enacted thereto, or any act or regulations enacted in substitution thereof;
• "Fireworks" shall consist of the following devices:
  • a) "Display Fireworks” means high hazard fireworks generally used for recreation that are classified under Class 7, Subdivision 2 of Division 2, as described in subsection 14(6) of Regulation C.R.C., c. 599 of the Explosives Act and includes but is not limited to rockets, serpents, shells, bombshells, tourbillions, maroons, large wheels, bouquets, barrages, bombardos, waterfalls, fountains, batteries, illuminations, set pieces and pigeons, but excluding Firecrackers;
  • b) " Consumer Fireworks” means consumer fireworks that do not travel more than three (3) meters from the point of ignition are low hazard fireworks generally used for recreation that are classified under Class 7, Subdivision 1 of Division 2, as described in subsection 14(5) of Regulation C.R.C., c. 599 of the Explosives Act, and includes but is not limited to, firework showers, fountains, lawn lights, pinwheels, volcanoes, sparklers and other similar devices, but excluding Christmas crackers and caps for toy guns;
  • c) “Special Effect Pyrotechnic ” means a high hazard firework that is classed as a F.3 Special Effect Pyrotechnics under the Act and that is used to produce a special pyrotechnic effect for indoor or outdoor performances and includes black powder bombs, bullet effect, flash powder, air bursts, smoke compositions, gerbs, lances and wheels;
  • d) “Prohibited Firework” includes but is not limited to cigarette loads or pings, exploding matches, sparkling matches, ammunition for miniature tie clip, cufflink or key chain pistols, auto alarms or jokers, cherry bombs, M-80 and silver salutes and flash crackers, throw down torpedoes and crackling balls, exploding golf balls, stink bombs and smoke bombs, tear gas pens and launchers, party peppers and table bombs, table rockets and battle sky rockets, fake firecrackers and other trick devices or practical jokes as included on the most recent list of prohibited fireworks as published from time to time under the Act;
• “Fireworks Supervisor” means a person who is an approved purchaser of display fireworks and who is qualified under the Act to supervise the discharge of display fireworks;
• 'Flying Lantern: also known as Sky Lantern, Chinese Lantern, Kongming Lantern or Wish Lantern, means a small hot air balloon or similar device made of treated paper or any other material, with an opening at the bottom, which is propelled by an open flame generated by a small candle or fuel cell, allowing the balloon or similar device to rise and float in the air, uncontrollably, while ignited.
• “FPPA” see 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 and regulations enacted in substitution therefore;
• “Highway” means and includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof;
• “Municipal building” means any building, or structure to which the Township holds right or ownership to;
• “Municipal property” means any land and any indoor or outdoor facilities or installations located on this land which is owned, leased or operated by the corporation of the Township of Russell;
• “Officer” means a Municipal Law Enforcement Officer appointed by the Corporation of the Township of Russell to enforce municipal by-laws or a Police Officer;
• “Outdoor” means the whole or part of any outdoor area, and for the greater certainty includes any open space which is outside of a building, structure, including any temporary building, structure or part thereof, whether covered by a roof or not;
• “Park” means an area of land consisting largely of open space which may include a recreational area, playground, play field or similar use and may also include accessory buildings or structures such as a maintenance building, washroom or canteen. A park shall not include any storm water management facilities or their immediate surroundings;
• "Permit" means a Display Fireworks, or a Pyrotechnic Special Effects Fireworks Permit issued by the Township of Russell Public Safety and Enforcement Department with the written approval of the Township of Russell Fire Services, the form of which may be amended from time to time;
• “Person” means an individual, firm, corporation, association, partnership or an individual in his or her capacity, as a trustee, executor, administrator or other legal representative. Where a person is a minor, "Person" includes the parent or guardian of the minor;
• “Pyrotechnician” means a person who is certified under the Act as a Theatrical User, an Assistant, a Pyrotechnician or a Special Effects Pyrotechnician and is qualified to purchase and supervise the display of pyrotechnic special effect fireworks under the Act;
• "Sale” or “Sell" means and shall include all attempts or offers to sell or invitations to purchase whether by express act or implication;
• “Township” means the Corporation of the Township of Russell; and
• “Vehicle” means an automobile, boat, commercial motor vehicle, farm implement, motorcycle, recreational vehicle, snowmobile, trailer, personal mobility device and any vehicle drawn, propelled or driven by any kind of power including muscular power.

2. Interpretation

2.1 Where a situation arises, that is not covered by a specific regulation or where two or more regulations are equally applicable, all provisions shall be complied with or, where it is not possible to comply with all the provisions applicable, the most restrictive provisions shall prevail.

3. General

3.1 No person shall possess or discharge any fireworks that are not authorized by the Explosives Act.

3.2 No person shall discharge fireworks when there is a fire ban in place.

3.3 No person shall discharge firecrackers.

3.4 No person shall discharge prohibited fireworks.

3.5 No person shall ignite, release, or set off into the air an ignited Flying Lantern.

4. Sale of Fireworks

4.1 No person shall knowingly sell or supply fireworks to a person less than eighteen (18) years of age.

4.2 No person shall sell or supply fireworks to a person who appears to be under the age of twenty-five (25) without a proof of age.

4.3 A person who accepts money from a person less than eighteen (18) years of age or apparently less than twenty-five (25) years of age without proof of age in return for fireworks purchased from a licensed retailer is deemed to have sold or supplied fireworks in contravention to section 4.1 or 4.2 of this by-law.

5. Consumer Fireworks

5.1 No person shall discharge Consumer Fireworks except on the days listed in Schedule A of this by-law.

5.2 No person shall discharge Consumer Fireworks except between sunset and 11:00p.m. on the days designated in this by-law.

5.3 No person shall discharge Consumer Fireworks from, onto or over any building or vehicle.

5.4 No person shall Discharge Consumer Fireworks as to endanger, injure, harass, frighten, or constitute a nuisance, to any person, animal or property.

5.5 No person less than eighteen (18) years of age shall discharge Consumer Fireworks except under the direct supervision and control of a person eighteen (18) years of age or older who shall, at all times, remain physically present in the immediate area where the Consumer Fireworks are being discharge.

5.6 No parent or guardian of any person less than eighteen (18) years of age shall allow or permit that an underage person to discharge Consumer Fireworks except under the direct supervision and control of a person eighteen (18) years of age or older who shall, at all times, remain physically present in the immediate area where the Consumer Fireworks are being discharge.

5.7 No person shall discharge Consumer Fireworks on any land that is not owned or legally possessed by him or her, unless written permission for the discharging of Consumer Fireworks has been obtained from the owner or person in charge of the land.

5.8 No person shall discharge Consumer Fireworks in any of the Township owned parks, land, building or in any other public place or storm water management land, without the prior authorization from Municipal Council.

5.9 No person shall discharge Consumer Fireworks from, onto or over any highway, street, lane, boulevard, roundabout private roadway or sidewalk.

5.10 Every person who sets off or is responsible for the discharging of Consumer Fireworks shall provide and maintain fully operational fire extinguishing equipment, including but not limited to portable fire extinguishers or a water supply, ready for immediate use and present at all times and for at least thirty (30 minutes after the discharging of the Consumer Fireworks has terminated, at the location of the discharging of Consumer Fireworks.

5.11 No person shall permit or cause any debris or matter from Consumer Fireworks to land on any building, fence, hedge, tree, highway or public or private property other than the property where the Consumer Fireworks are being discharge from.

5.12 Every person who sets off Consumer Fireworks shall take all steps reasonably necessary, as would a reasonable and prudent person, to ensure that no harm to persons, animals or damage to property shall result from the discharging of or use of Consumer Fireworks.

6. Display Fireworks

6.1 No Person shall discharge Display Fireworks in the Township of Russell except pursuant to the terms of a permit issued by the Township of Russell for such purpose and in compliance with the provisions of this By-law and all other applicable laws.

6.2 Display Fireworks shall only be discharged under the supervision of a person who is, at a minimum, certified as a “display supervisor” under the Explosives Act.

6.3 Every permit application shall include;

• a) a description of the event including :
  • i) the date and time of the proposed discharge of display fireworks;
  • ii) the type and kind of display fireworks that may be discharged;
  • iii) the discharge techniques to be used;
  • iv) the manner and means of restraining unauthorized persons from attending too close to the discharge site;
  • v) the manner in which unused display fireworks are to be disposed of; and
  • vi) the number of persons authorized to handle and discharge the display fireworks.
• b) a site plan providing a description of the discharge site to be used for the discharging of the display fireworks;
• c) a description of the fire emergency procedures;
• d) the name and address of the applicant and the sponsoring organization, if applicable;
• e) proof of certification of the applicant as a Fireworks Supervisor;
• f) proof of consent of the owner of the property to the discharge of Display Fireworks in writing if the applicant is not the owner of the property;
• g) proof of insurance and indemnification in accordance with Sections 8 and 9;
• h) such other information as required by the Director of Public Safety and Enforcement and/or Fire Chief; and
• i) payment of applicable fees as set out in the Township of Russell’s user fees by-law.

6.4 The Director of Public Safety and Enforcement and/ or Fire Chief may refuse any permit request if the application:

• a) is incomplete.
• b) is not a Fireworks Supervisor.
• c) There are reasonable grounds for belief that the holding of the display of fireworks will result in a breach of this by-law, the FPPA or the Act.

6.5 Every permit holder who sets off Display Fireworks shall:

• a) take all steps reasonably necessary, as would a reasonable and prudent person, to ensure that no harm to persons, animals or damage to property shall result from the discharging or use of Display Fireworks;
• b) comply at all times with the requirements of the Act, FPPA and the Display Fire Works Manual published by Natural Resources Canada or any successor publication.

6.6 If the Display Fireworks are to be discharged in any Township Park, on Township-owned land, or in any other public place, the approval in writing of Council must be obtained by the applicant prior to the issuance of a permit.

6.7 A permit issued under this by-law may be revoked at any time if a breach of this by-law, the FPPA or the Act occurs.

7. Pyrotechnic Special Effects Fireworks

7.1 No person shall discharge pyrotechnic special effect fireworks in the Township of Russell except pursuant to the terms of a permit issued by the Township of Russell for such purpose and in compliance with the provisions of this by-law and all other applicable laws.

7.2 Every permit application pursuant to Section 7.3, shall be made to the Director of Public Safety and Enforcement a minimum of 30 days prior to the event where the proposed discharging of pyrotechnic special effect fireworks is to occur.

7.3 Every permit application shall include:

• a) a description of the event including,
• i) a site plan of the facility and room capacity, the stage and the pyrotechnic special effect fireworks storage area;
• ii) a list of all the pyrotechnic special effect fireworks to be employed;
• iii) the location of all the pyrotechnic special effect fireworks; and
• iv) the height, range of effect, fallout and duration of the display of pyrotechnic special effect fireworks.
• b) a description of the fire emergency procedures;
• c) the name and address of the applicant and the sponsoring business or organization if applicable;
• d) a proof of certification of the applicant as a pyrotechnician;
• e) a proof of insurance and indemnification in accordance to sections 8 and 9;
• f) a proof of consent of the owner of the property to the discharge of pyrotechnic effect fireworks in writing if the applicant is not the owner of the property;
• g) such other information as required by the Director of Public Safety and Enforcement and /or Fire Chief; and
• h) payment of applicable fees as set out in the Township of Russell user fees by-law.

7.4 The Director of Public Safety and Enforcement and /or Fire Chief may refuse any permit request if the application:

• a) is incomplete;
• b) is not a pyrotechnician under the Act;
• c) There are reasonable grounds for belief that the holding of the display of fireworks will result in a breach of this by-law, the FPPA or the Act.

7.5 The following conditions shall apply to the holding of a display of pyrotechnic special effect fireworks under an authorization from the Director of Public Safety and Enforcement and /or the Fire Chief issued under this by-law:

• a) the permit is valid only for the display at the place and on the date or dates set forth in the permit; or as approved by the fire chief;
• b) the permit holder shall supervise the display of pyrotechnic special effect fireworks;
• c) the permit holder shall discharge the pyrotechnic special effects fireworks;
• d) the permit holder shall provide and maintain a fully operational fire extinguishing equipment ready for immediate use; and
• e) the permit holder shall comply at all times with the requirements of the Act, FPPA and the Pyrotechnics Special Effects Manual published by Natural Resources Canada or any successor publication.

7.6 No permit holder shall discharge pyrotechnic special effect fireworks except in accordance with the conditions of the permit.

7.7 The permit holder shall ensure that all unused fireworks and all debris are removed.

7.8 Every permit holder shall produce his or her permit upon being so directed by any person authorized to enforce this by-law.

7.9 Every person who sets off pyrotechnic special effect fireworks shall take all steps reasonably necessary, as would a reasonable and prudent person, to ensure that no harm to persons, animals or damage to property shall result from the discharging off or use of Display Fireworks.

7.10 If pyrotechnic special effect fireworks are to be discharge in any Township Park, on Township-owned land, or in any other public place, the approval in writing of Council must be obtained by the applicant prior to the issuance of a permit.

7.11 A permit issued under this by-law may be revoked at any time if a breach of this by-law, the FPPA or the Act occurs.

8. Insurance

8.1 The applicant for a permit of Display Fireworks and Pyrotechnic Special Effects Fireworks shall put insurance in effect and maintain it in full force with insurer’s acceptable to the Township:

• a) Commercial General Liability Insurance issued on an occurrence basis for an amount of not less than $5,000,000 per occurrence / $5,000,000. Annual aggregate for any negligent acts or omissions by the vendor / supplier / applicant relating to their obligations under Fireworks By-Law. Such insurance shall include, but is not limited to bodily injury and property damage including loss of use; personal injury; contractual liability; premises, property & operations; non-owned automobile; broad form property damage; Owners & Contractors protective; occurrence property damage; products; broad form completed operations; employees and volunteers as additional Insured(s); contingent employers liability; tenants legal liability; cross liability and severability of interest clause. Such insurance shall not contain an exclusion for discharging fireworks.
• b) The insurance shall add the Corporation of the Township of Russell as additional Insured. This insurance shall be non-contributing with and be primary to any insurance available to the Township.
• c) Automobile liability insurance with respect to owned or leased vehicles used directly or indirectly in the performance of the services covering liability for bodily injury, death and damage to property with a limit of not less than $2,000,000 inclusive for each and every loss.
• d) Any and all deductibles applicable to the above-noted insurance policies shall be the sole responsibility of the Named Insured, and the Township shall bear no cost towards such deductibles.
• e) The vendor / contractors / applicant are responsible to effect physical damage on their assets/equipment—failure to do so will not impose any liability on the Township.
• f) The vendor / contractors / applicant shall provide the Township with a certificate of insurance evidencing coverage as noted above. Such policies shall not be cancelled, changed or lapsed unless the Insurer notifies the Township in writing at least thirty (30) days prior to the effective date of such cancellation, material change or lapse. The insurance policy will be in a form and with a company licensed to write business in the Province of Ontario and which are, in all respects, acceptable to the Township.
• g) The Township reserves the right to assess exposures and add additional insurance requirements where deemed necessary.

9. Idemnification

9.1 The applicant for a permit of Display Fireworks and Pyrotechnic Special Effects Fireworks shall indemnify and save harmless the Corporation of the Township of Russell, their elected officials, officers, employees, volunteers and agents from and against any and all claims, actions, losses, expenses, fines, costs (including legal costs), interest, or damages of every nature and kind whatsoever, including, but not limited to, bodily injury or damage to or destruction of tangible property including loss of revenue arising out of or allegedly attributable to the negligence, acts, errors, omissions, whether willful or otherwise by the Vendor / Supplier / Applicant, their officers, employees, volunteers, guests, invitees, agents, or others to whom the Vendor / Supplier / Applicant is legally responsible. This indemnity shall be in addition to and not in lieu of any insurance to be provided by the Vendor / Supplier / Applicant in accordance with this agreement and shall survive this agreement.

10. Exemptions

10.1 This by-law shall not apply to any Consumer Fireworks, Display Fireworks or Pyrotechnic Special Effect Fireworks being discharged by or on behalf of the Township of Russell.

11. Enforcement

11.1 This by-law shall be enforced by the Municipal Law Enforcement Officer of the Township of Russell, the Fire Chief or any Police Officer having jurisdiction in the Township of Russell.

12. Obstruction

12.1 No person shall obstruct, hinder or interfere with a Municipal Law Enforcement Officer, Fire Chief or Police Officer in the lawful performance of his duties.

13. Offences and Penalties

13.1 If any person/ applicant or permit holder contravenes any provision of this by-law, the Fire Department may enter upon any lands to extinguish the fire.

13.2 The owner of the land may be liable to any fees in relation to section 13.3 of this by-law.

13.3 Should the Fire Department causes work to be done under section 13.1 of this by-law, the owner shall be responsible for any damage to property or injury to persons or animal occasioned by the said discharge of fireworks and shall be liable to pay any fees together with any cost including but not limited to personnel, equipment and apparatus necessary and called in to extinguish the said fireworks, as may be set out in Schedule A-5 Fire Department Fees in the fees and charges by-law. Such total amount, together with the administrative fee, shall be added to the collector's roll of taxes to be collected and shall be subject to the same penalty and interest charges as real property taxes, and shall be collected in the like manner and with the same remedies as real property taxes.

13.4 Before the certificate of the Clerk of the Corporation is issued under section 13.3 of this by-law, an interim certificate shall be delivered to the owner of the property that is issued to the lien, as well as to all prior mortgagees or other encumbrances and the affected owner, mortgagees or other encumbrances shall have two (2) weeks from the date of the receipt of the interim certificate to appeal the amount shown thereon to the Council of the Corporation.

13.5 Any person who contravenes, causes, or permits any contraventions of 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 or any successor.

13.6 In addition to the imposing of a fine or other remedy, a Court of competent jurisdiction may, upon conviction of an offence under this By-Law, issue an order;

• a) prohibiting the continuation or repetition of the violation by the person convicted; and,
• b) requiring the person convicted to correct the contravention in the manner and within the period that the court considers appropriate.

14. Right of Entry

14.1 Every person enforcing this by-law shall have the right of entry on any property or into any building not actually being used as a dwelling for the purpose of carrying out an inspection to determine whether this by-law is being complied with and for the enforcement of this by-law pursuant to section 436 of the Municipal Act, 2001, S.O. 2001,c. 25, as amended from time to time.

15. Validity and Severability

15.1 Every provision of this by-law is severable and if any provisions of this by-law should for any reason be declared invalid by any court, it is the intention and desire of this Council that the remaining provisions shall remain in full force and effect.

15.2 Where a provision of this by-law conflicts with the provision of another by-law in force within the Township of Russell, the provisions that establish the higher standards to protect the health, safety and welfare of the general public shall prevail.

15.3 Nothing in this by-law relieves any person from complying with any provision of any Federal or Provincial legislation or any other by-law of the Township of Russell.

16. Repeal

16.1 This by-law repeals section 2 (2)(1) of by-law 31-1997.

17. Short Title

17.1 This by-law may be referred to as the “Fireworks By-Law”.

18. Effective Date

18.1 This by-law shall come into force and take effect on the 1st day of September 2021.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 9TH DAY OF AUGUST 2021.

Signed by Pierre Leroux, Mayor 
Signed by Joanne Camiré Laflamme, Clerk 

Schedule A - Consumer Fireworks