That the Safety and Facilities Services Committee recommend to City Council:
Whereas the Fireworks By-law 59-2014, as amended (“Fireworks By-law”) is a by-law that regulates the sale and discharge of fireworks within the City of Oshawa (“City”); and,
Whereas staff regularly review the City’s by-laws to identify opportunities to enhance municipal regulatory standards; and,
Whereas Section 5.5 of Report SF-23-13 “Options to Amend Fireworks By-law 59-2014” dated March 15, 2023 identified an opportunity to establish Tiered and Escalating Administrative Monetary Penalties (A.M.P.) and implement the following amendments to increase clarity in the Fireworks By-law:
- Amend Section 9 of the Fireworks By-law to establish Tiered and Escalating A.M.P.s with the following tiers:
- Tier 1: $250
- Tier 2: $350
- Tier 3: $450
- Implement minor typographical changes to reflect updates in position titles and to increase clarity with respect to references to by-laws and legislation.
- Renumbering certain sections to increase clarity and ease of reference.
- Implement minor typographical changes to provide further clarity on when permits are required for the discharge of Consumer Fireworks; and,
Whereas Section 429 of the Municipal Act, 2001, S.O. 2001, c. 25 (“Municipal Act”) authorizes municipalities to establish a system of fines, impose maximum single offence fines of $100,000 and impose total fines for multiple and continuing offences greater than $100,000, under a by-law enacted pursuant to the Municipal Act; and,
Whereas additional municipal benchmarking has identified the opportunity to enhance existing enforcement tools by increasing fine amounts for offences that are charged and convicted under the Provincial Offences Act, R.S.O. 1990, c. P.33 by amending the fines as articulated in the Fireworks By-law to the following:
- A minimum fine of $500 and a maximum fine not exceeding $100,000; and,
- In the case of a continuing offence, for each day that the offence continues, a minimum fine of $500 and a maximum fine not exceeding $10,000, with the total of daily fines not limited to $100,000; and,
- In the case of multiple offences, for each offence, a minimum fine of $500 and a maximum fine not exceeding $10,000, with the total of daily fines not limited to $100,000;
Therefore be it resolved that Council approve the amending by-law, as set out in Attachment 1 to Report SF-24-07, to further amend Fireworks By-law 59-2014, as amended, to establish Tiered and Escalating Administrative Monetary Penalties, including other technical amendments as indicated, and to increase fine amounts for offences charged and convicted under the Provincial Offences Act, R.S.O. 1990, c. P.33.