Winnipeg : Règlement no 35/2017, art. 45(a) — Fire Prevention By-law

possess;

• (b) ignite, fire or set off or cause to be ignited, fired or set off;
• (c) sell, cause or permit to be sold or offer for sale any fireworks, except those on a list maintained by the Chief Inspector of Explosives for the Government of Canada pursuant to section 24 of the Explosives Regulations. 46 Sale and distribution of fireworks 46(1) No person may sell, offer for sale or distribute any fireworks, and no person being the

owner, occupant or person in charge of any premises may permit any fireworks to be sold, offered for sale or distributed on the premises without either a fireworks distribution permit or a small quantity fireworks distribution permit issued by the designated employee. 46(2) The designated employee may issue a small quantity fireworks distribution permit on condition that no high hazard fireworks and no more than 25 kilograms gross weight of low hazard fireworks are stored on the site for which the permit is issued. 46(3) No person may sell, offer for sale or distribute any fireworks, and no person being the

owner, occupant or person in charge of any premises may permit any fireworks to be sold, offered for sale or distributed on the premises to anyone under eighteen years of age. 46(4) Any person who sells, offers for sale or distributes fireworks or who, being the owner, occupant or person in charge of any premises, permits any fireworks to be sold, offered for sale or distributed on the premises must ensure that the fireworks being offered for sale are either packaged or stored in a manner that prevents members of the public from having direct physical contact with the fireworks other than under the supervision of the permit holder or the permit holder’s agent. 46(5) Any person who sells, offers for sale or distributes fireworks must provide at the time of the sale or distribution printed information in a form approved by the Chief advising the purchaser or recipient of the fireworks that no fireworks may be ignited, fired or set off within the City of Winnipeg without a Fireworks Display Permit issued by the designated employee. By-law No. 35/2017 19 47 Storage of fireworks 47(1) Any person who stores and handles fireworks must do so in a manner that minimizes the risk that they will be set off accidentally or in violation of this By-law. 47(2) Any person who stores

• (a) more than 1000 kilograms gross weight of low hazard fireworks; or
• (b) any amount of high hazard fireworks or pyrotechnic special effects must obtain a Dangerous Quantities Fireworks Storage Permit for this purpose from the designated employee. 47(3) No person may store
• (a) more than 1000 kilograms gross weight of low hazard fireworks; or
• (b) any amount of high hazard fireworks or pyrotechnic special effects

except inside a building which meets the sprinkler system requirements for buildings classified as High Hazard Industrial in the Manitoba Fire Code. 47(4) The designated employee may exempt a person from the requirements of subsection (3) where he or she determines that an adequate level of public safety is achieved at the proposed storage facility for the fireworks, taking into account

• (a) the location of the storage facility relative to other buildings and activities;
• (b) the preventative measures taken to prevent the fireworks from being set off in the facility;
• (c) the measures taken to suppress and contain fireworks that have been set off in the facility; and
• (d) any other factor deemed to be relevant by the designated employee. 48 Fireworks, Pyrotechnic Special Effects or Flame Effects Display Permits 48(1) No person may ignite, fire or set off or cause to be ignited, fired or set off, and no owner or occupant of premises may permit to be ignited, fired or set off on the premises:
• (a) any fireworks without a Fireworks Display Permit issued by the designated employee;
• (b) any pyrotechnic special effects without a Pyrotechnic Special Effects Display Permit issued by the designated employee; or
• (c) any flame effects or cause any flame effects without a Flame Effects Display Permit issued by the designated employee. 48(2) A Fireworks, Pyrotechnic Special Effects or Flame Effects Display Permit may not be issued to an individual under the age of 18 years. By-law No. 35/2017 20 48(3) A Fireworks, Pyrotechnic Special Effects or Flame Effects Display Permit for a display involving high hazard fireworks, pyrotechnic special effects or flame effects may not be issued to anyone other than a fireworks supervisor or a flame effect operator. 48(4) Notwithstanding subsection (3), the designated employee may waive the requirement for

a fireworks supervisor or a flame effect operator. 48(5) A Fireworks, Pyrotechnic Special Effects or Flame Effects Display Permit may be withheld until and unless the applicant provides evidence that he or she has obtained insurance for the display of a type and in an amount sufficient, in the opinion of the designated employee, to provide reasonable coverage for any accidental harm that may result from the fireworks display. 49 Fireworks displays 49(1) No person under the age of 18 years may ignite, fire or set off any fireworks or cause any fireworks to be ignited, fired or set off. 49(2) No person may ignite, fire or set off any fireworks or cause any fireworks to be ignited, fired or set off in a place or in a manner that might cause a danger to people or property or that might create a nuisance. 49(3) No person may ignite, fire or set off any fireworks or cause any fireworks to be ignited, fired or set off in or on or into any highway, street, lane, square or any other public place except as otherwise permitted by this By-law. 49(4) No person may ignite, fire or set off any high hazard fireworks or cause high hazard fireworks to be ignited, fired or set off except in conformity with the current issue of the Display Fireworks Manual published by the Explosives Regulatory Branch of Natural Resources Canada. 49(5) A person who ignites, fires or sets off fireworks must do so in a manner consistent with the safety of people and property and, in particular, may do so only while:

• (a) safeguards are in place to keep spectators at a safe distance; and
• (b) suitable fire extinguishing equipment is at hand, all as determined by and to the satisfaction of the designated employee. 49(6) Immediately following a fireworks display, a person who ignited, fired or set off any fireworks or who caused fireworks to be ignited, fired or set off must ensure that all unused fireworks are removed and safely disposed of. 50 Fireworks on City property 50(1) Subject to subsection (2), no person may ignite, fire or set off fireworks on or over land owned by the City of Winnipeg or over which the City has possession or control unless the person has:
• (a) obtained permission to do so from the City department with responsibility for the land; By-law No. 35/2017 21
• (b) agreed in writing to assume all liability associated with the fireworks display, fully indemnifying the City and saving it harmless from any liability associated with the fireworks display; and
• (c) deposited with the Corporate Risk Manager of the City of Winnipeg a certificate of insurance that, in the opinion of the Corporate Risk Manager, is sufficient to provide the indemnification referred to in clause (b). 50(2) Clauses
• (b) and
• (c) of subsection (1) do not apply to fireworks ignited, fired or set off by individuals while acting out of or in the course of their duties as directors, employees or volunteers of community centres, business improvement zones and other entities for which insurance is purchased by the City of Winnipeg. 51 Pyrotechnic special effects displays