condominiums to ignore. As a result, most condominiums prohibit owners from using them on the property, either directly with a rule that prohibits fireworks specifically or indirectly with rules that prohibit activities that are unsafe to others, likely to cause a nuisance, or likely to damage the property. A fireworks display is best left to the professionals. ” [posted on June 18, 2017 by Michelle Kelly, LL.B., ACCI from Robson Carpenter LLP] You can find more about Canada Day Celebrations from Michelle Kelly here . What Does Your Insurance Policy Say? No matter how careful, there is a chance something may go wrong. Damage as a result of fireworks could lead to legal action, potential for damage to property or persons. It is important to research how to safely and legally set off fireworks because those laws are accounting for risks you might not be aware of. Even with the appropriate insurance coverage, it may be treated as null and void if the province or municipality bans backyard fireworks and /or bans setting off fireworks on any other days of the year when a professional display fireworks company and a permit for authorizing the display is required from the City of London Fire Services. Leave no stone unturned to protect the community before proceeding with any fireworks display. Check local by - laws AND WHEREAS section 7.1(1) 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; Fire Protection and Prevention Act, 1997, S.O. 1997, c.4 “ consumer firework ” means low hazard fireworks generally used for recreation, which may be classified as type F.1 explosives under the Act, including: showers, golden rain, lawn lights, pinwheels, roman candles, and volcanoes, but does not include Christmas crackers or sparklers containing less than 2 mg of explosive substance; “ discharge ” means to fire, ignite, explode or set off or cause to be fired, ignited, exploded or set off and the words “ discharged ” and “ discharging ” have a similar meaning (1) No person shall discharge consumer fireworks except:
(a) between dusk and 11:00 p.m. on Victoria Day; (b) between dusk and 11:00 p.m. on Canada Day; (c) between dusk and 11:00 p.m.: (i) on the Saturday preceding Canada Day where Canada Day falls on a Monday or Tuesday; (ii) on the Saturday following Canada Day where Canada Day falls on a Wednesday, Thursday or Friday; (d) as part of a display of display fireworks for which a permit has been obtained and for which all conditions and requirements of the permit have been met; or at such other times and such other dates as permitted by Council by by - law (2) A person eighteen (18) years of age or older may hold a display of consumer fireworks on any land belonging to him or her or on any other privately owned land where the owner thereof has given permission for such display or discharge of fireworks. (3) No person under the age of eighteen (18) years shall discharge any consumer fireworks except under the direct supervision of and control of a person eighteen (18) years of age or over. (4) No person being the parent or guardian of any person under the age of eighteen (18) years shall allow the person to discharge any consumer fireworks except when such parent or guardian or some other responsible person of eighteen (18) years of age or over is in direct supervision and control. (5) No person shall discharge any consumer fireworks in such a manner as might create danger or constitute a nuisance to any person or property, or to do or cause or allow any unsafe act or omission at the time and place for the discharging of any fireworks. (6) No person shall discharge any consumer fireworks in or into any building, doorway, or automobile. (7) No person shall discharge any consumer fireworks in or on or into any park, highway, street, lane, square or other public place, unless under a display fireworks permit to do so issued by the Fire Chief. ENFORCMENT 24.2 This by - law may be enforced by a police officer, a City municipal law enforcement officer, a City by - law enforcement officer, a member of City Fire Services, and any other person appointed by Council to enforce this by - law. Such persons enforcing this by - law may enter upon land and into structures at any reasonable time to inspect the land and structures to determine whether the by - law is being complied with, and any power of entry shall be in accordance with Part XIV of the Municipal Act, 2001 and the Inspections By - law.
CCI Review 2021/2022 —September 2021 - 17
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