Newmarket : Règlement no 2015-18, art. 1.0 — DEFINITIONS In this By-law, the following words have the meanings assigned thereto

DEFINITIONS In this By-law, the following words have the meanings assigned thereto:

• “APPEALS COMMITTEE” means a committee that is appointed from time to time by Council for the purpose of hearing appeals regarding the revocation, suspension, cancellation or refusal to issue or renew a licence pursuant to this by-law; “APPLICANT” means a person applying for a licence, permit or fireworks special occasions permit under this by-law; Fireworks By-law 2015-18 “BUILDING” means any structure used or intended for supporting or sheltering any use or occupancy; “COUNCIL” means the Council of the Corporation of the Town of Newmarket; “CONSUMER FIREWORKS” means low-hazard fireworks for recreation that are classified as Type F.1 in the Explosives Act and Regulations including, but not limited to, fireworks showers, fountains, golden rain, lawn lights, pinwheels, roman candles, volcanoes, sparklers, but does not include Christmas crackers and caps for toy guns, Display Fireworks, Pyrotechnics Special Effects Fireworks and Prohibited Fireworks such as terms are defined within this by-law; “DIRECTOR” means the Director, Legislative Services of the Town or authorized designate; “DISCHARGE” means when used in relation to fireworks and prohibited fireworks, includes firing, igniting, exploding and setting-off such articles; “DISPLAY FIREWORKS” means high hazard fireworks generally used for recreation, as classified as Type F.2, in the Explosives Act and Regulations including, but not limited to, rockets, serpents, shells, bombshells, tourbillion, maroons, large wheels, bouquets, bombardos, waterfalls, fountains, batteries, illuminations, set pieces, pigeons; “EXPLOSIVES ACT” means the Explosives Act, R.S.C. 1985, as amended from time to time and the regulations enacted there under from time to time or any act or regulation enacted in substitution therefore; “FEES AND CHARGES BY-LAW” means the Licensing Fees and Charges By -law, as amended for the Legislative Servi ces Department and Central York Fire Services; “FIRE EXTINGUISHING EQUIPMENT” means sufficient personnel and/or equipment, which may include items such as fire extinguishers, water hose, pails and sand, as necessary dependent on the type and size of the fireworks being discharged; “FIRE CHIEF” means the Fire Chief for the Central York Fire Services Town of Newmarket and his or her designate; “FIRECRACKER” means a pyrotechnic device that is designed to explode when ignited without subsequent display or visible effect, but does not include caps for toy guns; “FIREWORKS” means Display Fireworks, Consumer Fireworks and Pyrotechnic Special Effect Fireworks but excludes, any fireworks not listed on the List of Approved Explosives as published from time to time under the Explosives Act; “FIREWORKS SPECIAL OCCASION PERMIT” means a Consumer Fireworks Permit issued by Central York Fire Services for dates other than Victoria Day and Canada Day or on the day immediately preceeding or on the day immediately after Victoria Day and Canada Day, the form of which may be amended from time to time by Central York Fire Services; “FIREWORKS SUPERVISOR” means a person certified as a supervisor under the Explosives Act and regulations to conduct displays of Fireworks; Fireworks By-law 2015-18 “FPPA” means the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4, as amended from time to time and the regulations enacted there under from time to time or any act or regulation enacted in substitution therefore; “LICENCE” means the authorization obtained, granted or issued pursuant to this by-law to a Temporary Fireworks Premises or a Mobile Sales Premise; “LICENSEE” means a person licensed under this by-law; “MOBILE SALES PREMISE” means a mobile or portable premise from which Fireworks are sold and includes a trailer; “OFFICER” means a Police Officer as defined under the Police Services Act, R.S.O. 1990, c. P15, as amended, an individual appointed by the Town as a Municipal Law Enforcement Officer pursuant to section 15 of the Police Services Act, as amended, or any other individual designated by the Town to enforce this By-law; “PERMIT” means a Display Fireworks or Pyrotechnic Special Effect Fireworks Permit issued by Central York Fire Services, the form of which may be amended from time to time by Central York Fire Services; “PERSON” includes
• (a) a natural individual and his/her heirs, executors, administrators or other legally appointed representatives,
• (b) a corporation, partnership or other form of business association and includes its officers, partners and shareholders,
• (c) a trustee or receiver, and
• (d) a mortgagee in possession; “PROHIBITED FIREWORKS” means any fireworks that are not included on the most recent list of authorized fireworks as published from time to time by the Explosives Regulatory Division of Natural Resources Canada, or their successors, and includes, but not limited to, firecrackers, sky lanterns, 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 and step on 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; “PYROTECHNIC SPECIAL EFFECT FIRWORKS” means an explosive classified as type F.3, in the Explosives Act and Regulations thereunder the following types of explos ive if they will be used to produce a special effect in a film or television production or a performance before a live audience; “PYROTECHNICIAN” means the person certified as a Pyrotechnician under the Explosives Act and Regulations to conduct display s of Fireworks; “SALE OR SELL” includes offering for sale, causing or permitting to be sold and possessing for the purpose of sale; “TEMPORARY FIREWORKS PREMISE” means a premise within a Building or part thereof where a retailer only sells Consumer Fireworks on Victoria Day, Canada Day or the seven (7) day period before Victoria Day and Canada Day and whose principal business is not the sale of Fireworks; Fireworks By-law 2015-18 “TOWN” means the Corporation of the Town of Newmarket; “VENDOR” means a person authorized under this by-law to sell Fireworks.