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Staff Report
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Report To: General Government Committee
Date of Meeting: March 20, 2023 Report Number: LGS-012-23
Submitted By: Rob Maciver, Deputy CAO/Solicitor
Reviewed By: Rob Maciver, Deputy CAO/Solicitor Resolution#: GG-082-23
File Number:
Report Subject: Fireworks By-law Review
Recommendations:
By-law Number: 2022-022
1. That Report LGS-012-23 and any related delegations or communication items, be
received;
2. That Staff continue to monitor the municipal sector for any emerging trends in
fireworks prohibitions;
3. That the By-law attached to Report LGS-012-23, as Attachment 2, be approved; and
4. That all interested parties listed in Report LGS-012-23 and any delegations be
advised of Council's decision.
Municipality of Clarington
Report LGS-012-23
Report Overview
Page 2
A background review and comparison of the Fireworks bylaws to neighboring Municipalities,
and an amendment to insurance requirements for Consumer Discharge Permits.
1. Background
1.1 In 2015 Clarington's Emergency Fire Services and Municipal Law Enforcement
Divisions undertook a comprehensive review of the Fireworks by-law. As a result,
Council passed Fireworks bV-law 2015-047
1.2 In January 2020, staff report CLD-001-20 was provided to Council. The report was in
response to a delegation received at General Government Committee to request a
further restriction of fireworks. At the time, Council determined not to proceed with any
amendments to the by-law and to continue to focus on community education through
various means.
1.3 In 2021 staff undertook a review of neighboring municipalities Fireworks by-laws
LGS-004-21. The review focused on comparisons to Religious and Traditional
permissions for discharging of fireworks. The review concluded that Clarington's
Fireworks by-law was comparable to others in the area in that permissions to discharge
consumer fireworks are granted through permitting at no cost to residents.
2. Discussion
Neighboring Municipalities
2.1 In review of neighboring Municipalities Fireworks by-laws in Durham Region, the
consistency of discharge areas, times, permitting, sales are standard as seen in
Attachment 1 to Report LGS-012-23.
2.2 Safety rules and distinguishing between consumer fireworks and Pyrotechnics is also
consistent throughout Durham Region. Pyrotechnic displays must always acquire a
permit and are conducted by Licensed individuals under Federal legislation. The safety
rules for consumer fireworks are: fire extinguishers being on hand, may only be
discharged on private property, cannot be discharged near combustible materials, and
site plans being required if discharging under conditions of a Permit.
2.3 In 2022, both the Town of Caledon and the City of Brampton introduced a prohibition on
the sale and discharge of consumer fireworks. Currently Whitby and Oshawa are
reviewing their respective Fireworks bylaws, also with the view of a possible prohibition.
Staff will be monitoring the outcome of the discussions in Whitby and Oshawa.
Municipality of Clarington
Report LGS-012-23
Insurance Requirements
Page 3
2.4 The By-law currently requires that to be eligible for a consumer fireworks permit, the
applicant must provide proof of commercial liability insurance with a policy limit of no
less than $2 million.
2.5 It has been noted that acquiring a Permit for Consumer Discharge has proven to be
onerous, as residents typically do not obtain commercial liability insurance for their
residential property. Most neighboring municipalities do not require insurance for
consumer displays. Insurance is typically only required for Pyrotechnic displays and
sales of fireworks.
2.6 The Durham Region Insurance Pool was consulted on the insurance requirements, and
it was recommendation all requirements and/or restrictions be consistent. In other
words, that the Municipality should either strictly enforce the commercial insurance
requirement or eliminate the requirement. Since the By-law does not impose any
insurance requirements for consumer fireworks displays in relation to Canada
Day/Victoria Day, it is suggested that the same rationale be applied to other days of the
year.
2.7 Amending the current by-law to remove the commercial liability insurance requirements
for Discharge Permits outside of permitted days is therefore recommended.
Enforcement
2.8 Residents have the option to contact Municipal Law Enforcement or Emergency and
Fire Services to report unsafe or discharging of fireworks outside of permitted times.
Residents are also advised to follow the safety rules, and these rules are provided to
any resident who applies for a discharge permit.
2.9 In discussion with Clarington Emergency & Fire Services, limited calls are received in
relation to discharging of fireworks. In those circumstances when emergency personnel
have been dispatched, this has been a very effective way to cease the fireworks display.
If staff can locate the individuals responsible for discharging outside of the permitted
time periods or without a permit, staff generally educate rather than lay a charge. Most
often however, it is difficult to locate those responsible for the discharge.
2.10 Municipal Law Enforcement and Emergency & Fire Services do not currently have the
resources to dispatch staff to effectively enforce spontaneous consumer fireworks
displays. Enforcement is sometimes possible if there are indications in advance of a
planned display (e.g. through social media). Enforcement after the fact is sometimes
also possible depending on the circumstances. Through Staff discussions, it was
determined that promoting safe use and discharge through media, website and other
Municipality of Clarington
Report LGS-012-23
educational means is the most effective way to disseminate the message about
fireworks safety and to limit the impacts in rural and residential areas.
3. Financial Considerations
Not Applicable.
4. Concurrence
Page 4
This report has been reviewed by the Director of Emergency Fire Services who concurs
with the recommendations.
5. Conclusion
It is respectfully recommended that the attached bylaw to be approved to eliminate the
commercial insurance requirement for consumer fireworks discharge permits.
Staff Contact: Duncan Anderson, Manager of Municipal Law Enforcement,
danderson@clarington.net .
Attachments:
Attachment 1 -Neighbouring Municipalities By-law Review
Attachment 2 — Draft By-law
Interested Parties:
List of Interested Parties available from Department.
Attachment 1 to Report LGS-012-23
Clarington
Ajax
Whitby
Oshawa
Pickering
Uxbridge
Brock
Canada Day
Allowed No
Allowed No
Allowed No
Allowed No
Allowed No
Allowed No
Allowed No
Permit
Permit
Permit
Permit
Permit
Permit
Permit
Victoria Day
Allowed No
Allowed No
Allowed No
Allowed No
Allowed No
Allowed No
Allowed No
Permit
Permit
Permit
Permit
Permit
Permit
Permit
Religious or
Permit
Permit required
Permit Required
Permit required
Permit Required
Permit Required
Permit Required
Ceremonial
Required, no fee
with exception of
with exception of
with the
Events,
for cultural or
Diwali, Lunar
New years and
exception of
religious events
New years and
Diwali
Diwali
Eid-Al-Fitr only
Discharge
Dusk to 11:00
11:00 a.m., to
Dusk to 11:00
Dusk to 11:00
Time N/A
Time N/A
Dusk to 12:00
Times/Dates
p.m.
11:00 P.M.
p.m.
p.m.
a.m.
Day of and
Day of and
Day of
Day of or during
Day of and day
Day of and three
following day
following day
long weekend
before
Day of and day
days preceding
set for
before
observance of
day
Consumer
2 million
Not Required
Not required
5 million
2 million
2 million
Not Required
Fireworks
Required for
Required for
Required for
Required for
Discharge
Discharge
Discharge
Discharge
Discharge
Insurance
permits outside
permits outside
permits outside
permits outside
Requirements
of permitted
of permitted
of permitted
of permitted
days
days
days
days
Discharge
Private Property
Private Property
Private Property
Private
Private Property
Private Property
Private Property
Locations
Only with
Only with
Only with
Property Only
Only with
Only with
Only with
Owners written
Owners written
Owners written
with Owners
Owners written
Owners written
Owners written
consent
consent
consent
written consent
consent
consent
consent
Attachment 2 to Report LGS-012-23
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The Corporation of the Municipality of Clarington
By-law 2023-OXX
Being a by-law to amend the Fireworks By-law
WHEREAS subsection 121 of the Municipal Act, 2001, S.O. 2001, c. 25, authorizes the
Municipality to pass by-laws to prohibit and regulate the sale of fireworks and setting off
of fireworks, to prohibit such activities unless a permit is obtained from the municipality,
and impose conditions for obtaining, continuing to hold and renewing the permit,
including the submission of plans.
AND WHEREAS the Municipality has enacted a Fireworks By-law 2015-047 to regulate
the sale and use of fireworks within the boundaries of the Municipality.
AND WHEREAS the Municipality wishes to make certain amendments to the Fireworks
By-law 2015-047;
NOW THEREFORE the Council of The Corporation of the Municipality of Clarington
hereby enacts as follows:
1. Section 2.2 (f) of By-law 2015-047 is revoked and replaced with the following:
(f) proof of commercial general liability insurance in an amount not less then
$2,000,000 in the case of a Class C Permit or Class D Permit, or $5,000,000 in the
case of a Class B Permit, naming the Municipality as an additional insured and
containing a cross liability clause;
2. This By-law shall be effective on the date that it is passed.
Passed in Open Council this XXt" day of XXXX, 2023
Adrian Foster, Mayor
June Gallagher, Municipal Clerk