2. By-law
Harmonization-Discharge of Firearms Harmonisation des rÈglements municipaux – DÉcharge d’armes À feu |
Committee Recommendations
as Amended
That
Council approve the Discharge of Firearms By-law, attached as Document 1 with
an effective date of January 1, 2003, as amended by the following:
1.
WHEREAS a
proposed, harmonized Discharge of Firearms By-law is being considered by the
Emergency and Protective Services Committee and Council;
AND
WHEREAS the Municipal Act permits Council to, for the purpose of public
safety, pass by-laws to prohibit the discharge of firearms in defined areas of
the City;
AND WHEREAS part of the Trans-Canada Trail (TCT) is located in the former
Township of Goulbourn;
AND WHEREAS in the proposed by-law, the only provision applicable to that part
of the TCT in the former Township of Goulbourn requires that firearms not be
discharged on, over or across it;
AND WHEREAS the TCT is used year-round by members of the public engaged in
any of the five approved uses of the Trail, specifically, cycling, equestrian
riding, skiing, snowmobiling and walking;
AND WHEREAS the TCT, which is city-owned, has recently undergone significant
upgrades and is being further promoted for public use;
THEREFORE BE IT RESOLVED that the Emergency and
Protective Services Committee recommend to Council that the discharge of
firearms be prohibited within 450 meters of either side of the Trans Canada
Trail located in the former Township of Goulbourn and that the proposed by-law
be amended accordingly.
2.
That the shaded
area defining discharge of firearms not permitted surrounding the Village of
Stittsville be further squared off by extending northwards to Hwy 417 as well
as southwards to Shea and Fallowfield Roads.
3.
That, in addition
to the existence of a registered Plan of Subdivision, staff require that an
application for a building permit within that subdivision serve as an
activation mechanism for the application of the discharge of firearms by-law.
4.
That staff
recognize that the use of blanks when used for animal training purposes would
constitute a legitimate, permissible exemption.
5.
WHEREAS the City
of Ottawa is proposing to harmonize the Discharge of Firearms By-law(s);
BE IT RESOLVED that an exemption permit be granted to a property owner to
protect his/her property from harm from wildlife, subject to staff exercising
discretion based on criteria taking into account public safety, urgency of the
situation, geographical considerations and any other pertinent factors.
6.
That the by-law
be reviewed in January 2004 and that information booths be established at all
the country fairs, beginning with the Central Canada Exhibition.
Recommandations modifiÉes du Comité
Que le Comité des services
de protection et d’urgence recommande au Conseil d’approuver, tel qu’amendé
comme suit, le Règlement sur la
décharge d’armes à feu (document
1 çi‑annexé), devant prendre effet le 1er janvier 2003 :
1.
ATTENDU QUE le Comité des services de protection et d’urgence et le
Conseil envisagent l’adoption d’un règlement harmonisé sur la décharge d’armes
à feu;
ATTENDU QUE la Loi sur les municipalités permet au
Conseil, pour assurer la sécurité publique, d’adopter des règlements qui
interdisent la décharge d’armes à feu à l’intérieur de secteurs définis de la
ville;
ATTENDU QU’un tronçon du Sentier transcanadien (STC) se trouve dans l’ancien
canton de Goulbourn;
ATTENDU QUE dans le règlement proposé, la seule disposition applicable à ce
tronçon du STC qui se trouve dans l’ancien canton de Goulbourn stipule
qu’aucune arme à feu ne doit être déchargée sur, au-dessus ou en travers du
sentier;
ATTENDU QUE le STC est utilisé toute l’année par le public qui s’adonne à une
ou plusieurs des cinq activités approuvées, nommément le cyclisme,
l’équitation, le ski, la motoneige et la marche;
ATTENDU QUE des améliorations importantes ont été apportées récemment au STC,
qui appartient à la Ville, et qu’on prend des initiatives afin de promouvoir
davantage l’utilisation publique du sentier;
PAR CONSÉQUENT, IL EST RÉSOLU QUE le Comité des services de protection et
d’urgence recommande au Conseil d’interdire la décharge d’armes à feu à moins
de 450 mètres de chaque côté du tronçon du Sentier transcanadien qui se trouve
dans l’ancien canton de Goulbourn, et que le règlement proposé soit modifié
conformément.
2.
Que la zone ombragée définissant la zone d’interdiction de décharge
d’armes à feu autour du village de Stittsville soit agrandie en la prolongeant,
au nord, jusqu’à l’autoroute 417, et, au sud, jusqu’aux chemins Shea et
Fallowfield.
3.
Qu’en plus d’un plan de lotissement enregistré, le personnel exige que
le dépôt d’une Demande de permis de construire visant ce lotissement soit le
mécanisme d’activation de la mise en application du Règlement sur la décharge d’armes à feu.
4.
Que le personnel reconnaisse que l’utilisation de fausses balles pour
l’entraînement d’animaux constituerait une exemption légitime et admissible.
5.
ATTENDU QUE la Ville d’Ottawa propose d’harmoniser les règlements sur la
décharge d’armes à feu;
IL EST PAR CONSÉQUENT RÉSOLU
QU’un permis d’exemption soit accordé à tout propriétaire afin qu’il puisse
protéger sa propriété contre les animaux sauvages, et ce à la discrétion du
personnel, d’après des critères qui tiennent compte de la sécurité publique, de
l’urgence de la situation, des considérations géographiques et de tout autre
facteur pertinent.
6. Que le règlement fasse l’objet d’une revue en janvier 2004
et que des kiosques d’information soient mis en place à toutes les foires
agricoles, en commençant par l’Exposition du Canada central.
ADOPTÉES,
telles
que modifiées
Documentation
1. General
Manager, Emergency and Protective Services Department report dated
27 May 2002 is immediately attached (ACS2002-EPS-BYL-0007).
2. Extract of Draft Minute, Emergency and Protective Services Committee
27 May 02, follows the report and contains a record of the voting.
3.
The following written submissions are on file with the
City Clerk:
a) The
Ontario Federation of Anglers and Hunters (dated 7 June 02);
b) Harry
and Yvonne Gliege, Ratepayers, Goulbourn Ward;
c) Louise
Beggs, Goulbourn (Stittsville);
d) Bruce
McNabb;
e) Richard
(Dick) Blanchfield, Ontario Federation of Anglers and Hunter, Zone F;
f)
Paul Mussell, Past President (2000-2001), Ottawa
Federation of Agriculture;
g) Selena
Walker, Goulbourn (Stittsville);
h) Lynn
Duffy, Goulbourn (Munster);
i)
David Brown, Cumberland (Vars).
Report to/Rapport
au:
Emergency and
Protective Services Committee/Comité des services de protection et d'urgence
and Council/et au
Conseil
27 May 2002 / le 27 mai 2002
Submitted by/Soumis par: Steve Kanellakos, General Manager/Directeur
général Emergency and Protective Services/Services de protection et d’urgence
Contact/Personne-ressource: Susan Jones,
Director, By-law Services
/ Directrice, Règlements municipaux
580-2424, ext/poste 25536,
Susan.Jones@ottawa.ca
|
|
Ref No.
ACS2002-EPS-BYL-0007 |
SUBJECT: |
By-law
SERVICES – BY-LAW harmonization – |
OBJET: |
RÈGLEMENTS MUNICIPAUX – HARMONISATION DES RÈGLEMENTS
MUNICIPAUX – UTILISATION dES Armes à feu |
REPORT RECOMMENDATION
That the Emergency and Protective Services Committee
recommend to Council that the Discharge of Firearms By-law, attached as
Document 1, with an effective date of January 1, 2003, be approved.
RECOMMANDATION DU RAPPORT
Que le Comité des services
de protection et d’urgence recommande au Conseil municipal d’approuver le
projet de « Règlement municipal sur l’utilisation des armes à feu » ci‑annexé
(Document 1), et qu’il prenne effet le 1er janvier 2003.
Section 210(36) of the Ontario Municipal Act grants
municipalities the authority to pass by-laws to regulate the discharge of
firearms as follows:
“For the purpose of
public safety, for prohibiting or regulating the discharge of guns or other
firearms, air-guns, spring-guns, cross-bows, long-bows or any class or type
thereof in the municipality or in any defined areas thereof. 1989, c. 11,
s.7(3).”
The foregoing municipal authority provides for the application of different policies, or rules, within different areas of the City.
Federal and provincial authorities related to firearms also exist. The current federal regulations deal
primarily with gun registration and with criminal issues, the latter through
the Criminal Code. At the provincial
level, the Ministry of Natural Resources regulates hunting issues primarily
during the short periods over the course of the year when hunting is
permitted. A municipal by-law is
required to regulate, on a day-to-day basis and for any purpose, the discharge
of firearms within specified areas of the City to provide a safe environment
for all citizens of the City of Ottawa.
The new City has inherited,
from the former municipalities, various by-laws regulating the discharge of
firearms within defined geographical areas based on former municipal
boundaries. Most of the by-laws utilize
maps to demonstrate those areas, although the areas are unevenly defined and
the maps are based on outdated information.
Generally, those various by-laws provide for prohibitions within urban
areas and based on specified distances from registered plans of subdivisions,
school and recreational property, public lands and places of worship. A number of the by-laws exclude cross-bows
and long-bows from the definition of a firearm, thereby permitting their
discharge. The by-laws were enacted,
and continue to be required, in consideration of the municipal role with
respect to public safety.
All of the current Discharge
of Firearms By-laws include certain exemptions from the prohibition, such as
for peace officers in the performance of their duties; for persons acting in
defence of life, property or livestock; for members of bona fide gun clubs,
rifle ranges, and skeet clubs in specific areas; for persons firing blank
ammunition for the purpose of starting or controlling certain sporting events;
for persons designated to destroy vicious dogs or rodents in the performance of
their duty.
Prior to 1989, Section 210
of the Municipal Act, concerning the Discharge of Firearms, did not include
bows within its definition. That section was however, in 1989, repealed and
replaced by Section 210(36), which does not differentiate between guns and
bows, and includes cross-bows and long-bows.
That new section precipitated the differences in the definition of
firearms between the various former municipal by-laws as some were enacted
following the change. Further, B.B.
guns and pellet guns are included within the firearms definition under air-guns
and spring-guns.
The new Municipal Act, which
takes effect on January 1, 2003, continues to include cross-bows and long-bows
within the section dealing with the discharge of firearms. By-laws from several of the former
municipalities, such as former Cumberland, Gloucester, Goulbourn and Ottawa, include
both guns and bows within the firearm definition. The by-laws of the former Kanata, Nepean, Osgoode, Rideau and
Vanier exclude bows in their definition of a firearm.
Discharge
of Bows
In the case of the former
Kanata, two separate by-laws exist: one respecting the Discharge of Firearms
and one for the Discharge of Bows, the latter including an administrative
process to provide for the use of bows in specified areas. Historically, the basis for the
differentiation between the two involves, among other issues, a number of cases
in which the noise associated with the use of guns during hunting activity
caused significant concern thereby resulting in the requirement for hunters to
only use bows, in certain areas.
The Discharge of Bows By-law
defines the areas within the municipality in which this activity is
permitted. The discharge of bows is
prohibited within urban areas of the former Kanata but, is permitted in its
rural areas, subject to a number of conditions. Notwithstanding those conditions, there is provision for the
exemptions from the prohibition for members of a bona fide archery club in a
specific area zoned for the purpose and for educational facilities, which give
instruction in the use of bows.
The proposed Discharge of
Firearms By-law, attached as Document 1, incorporates the basic provisions of
the former municipal by-laws to establish one harmonized by-law. Such provisions include the prohibition of
discharge within urban areas, registered plans of subdivisions, school and
recreational property, public lands and places of worship; and, the control of
discharge in rural areas. The
definition of firearm within the proposed by-law is based on the current and
new Municipal Act and therefore, includes cross-bows and long-bows. On that basis, the former Kanata stand-alone
Discharge of Bows By-law, including the administrative process, is no longer
required, although there continues to be provision for permitting discharge of
bows only, within certain areas of the former Kanata in order to address the
specific community issue that precipitated it.
The proposed by-law also repeals the former municipal by-laws.
It is further proposed that
the practice of identifying the prohibited areas through the use of maps
continues. Such maps are attached to
the proposed by-law as Schedules A-P, and are identified by Ward. The maps outline the boundaries within which
the discharge of firearms is prohibited.
The effective date of
January 1, 2003 is proposed to allow for sufficient public and agency
notification.
Despite the proposed new
harmonized municipal by-law, other regulations, provincial and federal, are
relevant to the issue of firearms discharge and will continue to apply, as
appropriate. Among those are: the Canadian Aviation Regulations, the
Criminal Code, the Migratory Birds Convention Act, the Fish and Wildlife
Conservation Act, the Trespass to Property Act.
Only minor amendments to the
existing discharge of firearms regulations currently in place in the former
rural municipalities are proposed.
Those minor changes, to certain of the prohibited areas of the rural
municipalities as identified on the maps, are necessary to account for
population and development growth that has occurred since the former municipal
by-laws were enacted, in consideration of the safety of residents in the
affected areas. The boundaries of the
prohibited areas shaded on the maps are based on natural lines, such as bodies
of water, wherever possible, as well as concession lines and roadways. The “squaring-off” of those prohibited areas
will benefit the public, both firearm-users and non-firearm-users, and
enforcement personnel by more clearly defining areas in which firearms may be
discharged.
The proposed by-law also
includes a provision whereby a firearm, other than a bow, may not be discharged
within 450 metres of land on a registered plan of subdivision. That provision is based, in part, on the
practice of specifying such a distance, which was incorporated into most of the
former rural municipal by-laws, and is consistent with that which was provided
in those by-laws with the exception of that for the former Goulbourn and
Osgoode, those two specifying 500 metres.
The 450-metre buffer distance will apply to registered planned
subdivisions, places of worship, public halls and school property. The distance provision is new only to the
former West Carleton but, it is viewed as a best practice and as necessary for
public safety reasons. Further, the
distance provision is intended to ensure public safety by creating an automatic
buffer for new registered planned subdivisions, as they are established over
time, and until the maps (Schedules A-P) can be updated.
Although bows are included
in the definition of a firearm, the distance travelled by a projectile emanating
from a bow commonly used in hunting and in sport archery, is considerably less
than that of other types of firearms.
Experts in the use of bows indicate that a 200-metre distance represents
a sufficient buffer for the purpose of public safety. On that basis, the buffer distance for bows, identified by the
applicable provisions of the proposed by-law, is set at 200 metres.
The exemptions to the
discharge prohibition, outlined in the former municipal by-laws, have been
incorporated into the proposed by-law, with three additions, specifically: facilities operated by or for a police
force, persons discharging a bow for target practice in conjunction with an
educational institution, and persons engaged in a sporting event, with prior
notification and approval. The first of
the three is necessary to allow the discharge of firearms for police training
purposes, such as that for the Ottawa Police Service, provided at Algonquin
College. The second new exemption is deemed appropriate to allow schools the
ability to instruct students in the safe use of bows. The third will allow legitimate sporting events, such as archery
demonstrations, to take place, in part, for public education purposes provided
that specific requirements are met, such as prior written notification to the
City and indemnification.
Further, prior to 2001 and
by formal agreement, the Ontario Ministry of Natural Resources managed a number
of forested areas owned by the former Regional Municipality of
Ottawa-Carleton. In 2001, the City of
Ottawa assumed the responsibility for managing those Agreement Forests, which
are essentially located in the rural areas of the new City and within which the
discharge of firearms has traditionally been permitted. On that basis, it is appropriate to provide
for an exemption from the discharge prohibition within the limits of the
City-owned portions of the Agreement Forests. The only Agreement Forests in
which the discharge of firearms has traditionally been prohibited are the
Torbolton and Cumberland forests and therefore, those are not among the
exempted areas. The recommendations
with respect to the Agreement Forests are consistent with that which has been
in place historically.
In general, the proposed
by-law represents one set of regulations, and one comprehensive set of maps
defining regulated areas, to which the public and by-law enforcement personnel
may refer, thereby reducing confusion for the public and facilitating
enforcement. The expected result will
be increased voluntary compliance, thereby ensuring public safety while still
providing for the discharge of firearms where acceptable from the safety
perspective.
There
are no direct environmental implications associated with the recommendation.
Rural
distinctiveness recognized by the former municipal regulations has been
maintained or has undergone minimal modification to help its representation in
the context of the proposed by-law revisions.
The Ottawa Police Service
and the Forestry Services Section of the Surface Operations Branch of TUPW have
participated in the development of the proposals and concur with the
recommendations. A presentation to the Agriculture
and Rural Affairs Advisory Committee was undertaken on April 23, 2002.
The
Kemptville District of the Ontario Ministry of Natural Resources (OMNR), the
National Capital Commission, the Royal Canadian Mounted Police and the local
school boards have been consulted with respect to the proposals. The OMNR, which regulates hunting and
trapping related activities in the province and therefore, has an interest in
the development of municipal firearms regulations, concurs generally with the
proposals.
Public
A
notice advertising public consultation sessions and the availability of the
proposed by-law for review appeared in The Ottawa Citizen, The Ottawa Sun and
Le Droit on April 19 and 26, 2002, and on May 3 and 10, 2002. Similar advertisements also appeared in community
newspapers such as the West Carleton Review (April 19th); the Weekly
Journal (April 20th); Ottawa South This Month (April 24th);
the Stittsville Signal (May 3rd and
10th).
Five
public meetings took place as follows:
Kinburn Client Service Centre, April 23rd; Orleans Client
Service Centre, April 24th; Metcalfe Community Centre, May 6th;
North Gower Recreation Centre, May 7th; and, the Goulbourn Municipal
Building, May 13th. Special
meetings were held upon request.
Copies
of the report and proposed by-law were made available at the public meetings,
at Client Service Centres, and upon request.
A
summary of the results of the public consultation is provided in Document 2.
FINANCIAL IMPLICATIONS
There
are no direct financial implications associated with the recommendation.
ATTACHMENTS
Document 1 – Proposed Discharge of Firearms
By-law: Schedules A – P included.
Document 2 – Summary of Results of Public
Consultation
DISPOSITION
Emergency
and Protective Services will notify the public accordingly. Corporate Services, Legal Services Branch,
in consultation with Emergency and Protective Services, to process the proposed
by-law to Council for enactment and the set fine orders.
BY-LAW NO. 2002 -
A by-law of the City of
Ottawa respecting the regulating of the discharge of firearms.
The Council of the City of
Ottawa enacts as follows:
1. In this by-law:
“Chief of Police”
means the Chief of Police of the City of Ottawa or authorized representatives;
“City of Ottawa”
means the municipal corporation known as the City of Ottawa or the geographic
area of the City of Ottawa, as the context requires;
“firearm” means
any class or type of gun or other firearm including a shotgun, rifle, air-gun,
spring-gun, long-bow or cross-bow;
“farmer” means a
person whose occupation is farming on land that he or she is entitled to
occupy, and,
(a) who has livestock or poultry on the
land,
(b) who is tilling or cultivating the land for crops, or
(c) who is engaging in arboriculture or horticulture for
commercial purposes;
“highway” means a
common and public highway, street, avenue, parkway, driveway, square, place,
bridge, viaduct, or trestle, any part of which is intended for, or used by, the
general public for the passage of vehicles and includes the area between the
lateral property lines thereof;
“navigable water”
means navigable water pursuant to the Navigable Waters Protection Act,
R.S.C.1985, Chap. N-22;
“peace officer”
means,
(a) a police officer as defined in the
Police Services Act, R.S.O. 1990, Chap. P.15, as amended,
(b) conservation officer appointed to
enforce the Fish and Wildlife Conservation Act, 1997, S.O. 1997, Chap. 41, as
amended,
(c) a municipal law enforcement officer
appointed pursuant to section 15 of the Police Services Act to enforce the
by-laws of the City,
(d) a peace officer as defined in the
Criminal Code,
(e) a member of the Royal Canadian Mounted
Police Force, or
(f) any person appointed pursuant to
paragraph 7(1)(d) of the Royal Canadian Mounted Police Act, R.S. 1985, c. R-10,
as amended, to enforce or carry out the enforcement of the National Capital
Commission Traffic and Property Regulations, C.R.C., Chap. 1044, as amended.
2. (1) This by-law includes the Schedules annexed hereto and the Schedules are hereby declared to form part of this by-law.
(2) It
is declared that if any section, subsection or part or parts thereof be
declared by any Court of Law to be bad, illegal or ultra vires, such section,
subsection or part or parts shall be deemed to be severable and all parts
hereof are declared to be separate and independent and enacted as such.
3. (1) No
person shall discharge a firearm in any area that is shown as a shaded area on
any of the maps attached as Schedules “A” to “P” inclusive or on any navigable
water located within or abutting the shaded areas.
(2) Despite
subsection (1), a person may discharge a long-bow or cross-bow in the hatched
area within the shaded area on Schedule “E”.
4. (1) In
the areas that are not shaded on any of the maps attached as Schedules “A” to
“P” inclusive or that are not navigable water as described in subsection 3(1),
no person shall discharge a firearm,
(a) on, over or across any highway or portion thereof;
(b) on, over or across any public land within the City of Ottawa
including parks, conservation areas, forestry lands formerly managed by the
Ontario Ministry of Natural Resources and described in By-law No. 2001-439 of
the City of Ottawa, school property, recreational areas, but not including,
(i) an unopened road allowance,
(ii) the forestry lands formerly managed by
the Ministry of Natural Resources described in By-law No. 2001-439 and known
as:
(A) Carp Hills Forest;
(B) Corkery Woodlands;
(C) Marlborough Forest; and
(D) Pinery-Long Swamp Forest, and
(iii) South March Highlands;
(c) within 450 meters of any place of worship, public hall or
school property;
(d) on land on a registered plan of subdivision; or
(e) within 450 meters of land on a registered plan of
subdivision.
(b) land on a registered plan of
subdivision.
5. Despite Sections 3 and 4, this by-law
shall not restrict or regulate the discharge of firearms by the following:
(a) a peace officer in the performance of his or her duty;
(b) a person appointed as a municipal law enforcement officer or
as an agent for the City of Ottawa or for a provincial or federal government
agency for the purpose of destroying sick, injured or vicious animals in the performance
of this stated duty;
(c) a farmer or his or her agent, in order to scare or destroy
animals that are found in the act of killing or injuring livestock or poultry
and wildlife destroying his or her property in accordance with the Migratory
Birds Convention Act, 1994, Chap.22 and the Fish and Wildlife Conservation Act,
1997, S.O. 1997, Chap. 41, as amended,
(d) members of a bona fide gun club, archery club, rifle range,
or skeet club in a specific area, zoned for the purpose and, where applicable,
only with the prior approval of the Firearms Office, Ontario Ministry of Public
Safety and Security;
(e)
a facility operated by or for a municipal, provincial or federal police
force;
(f)
a person firing blank ammunition for or in connection with lawful use
in a motion picture, television, stage productions and historical displays or
educational programs of a public museum;
(g) a person firing blank ammunition only for the purpose of
starting or controlling a sporting event of a similar nature to foot racing, sailing
or golf;
(h) a person discharging a long-bow for target practice provided
that the practice is in conjunction with and under the direct sponsorship of a
school board;
(i)
a person or persons engaged in an archery sporting event provided that:
(i)
the event lasts no more than 4 consecutive days,
(ii)
14 days in advance of the event, the sponsor of the event provides to
the Director of By-law Services written confirmation that all applicable
Provincial and Federal approvals have been obtained, proof of insurance
satisfactory to the City’s Insurance Administrator, and an agreement to
indemnify the City; and
(iii)
the Chief of Police has no objections.
6. Any person who contravenes
any of the provisions of this by-law is guilty of an offence.
7. Every person who is convicted of an offence under this by-law is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990 Chap. P.33, as amended.
8. When a person has been
convicted of an offence under this by-law:
(a) the Ontario Court of Justice; or
(b) any court of competent jurisdiction thereafter
may, in addition
to any other penalty imposed on the person convicted, make an order prohibiting
the continuation or repetition of the offence by the person convicted.
9. This by-law shall be enforced
by the Chief of Police and the Municipal By-law Enforcement Officers of the
City.
10. This by-law may be referred to
as the “Discharge of Firearms By-law”.
11. The following by-laws, or
portions of by-laws of the old municipalities are repealed:
(a) By-law Number 12-91 of the old Corporation of the Township of
Cumberland entitled “A By-law to regulate the discharge of Firearms in
designated areas of the Township of Cumberland”, as amended;
(b) By-law No. 193 of 1991 of the old Corporation of the City of
Gloucester entitled “A By-law Concerning the Discharge of Firearms and Other
Classes of Hand-Held Weapons”;
(c) By-law 33-91 of the old Corporation of
the Township of Goulbourn entitled “Being a by-law to regulate the discharge of
Firearms within the Corporation of the Township of Goulbourn”;
(d) By-law Number 167-89 of the old Corporation of the City of
Kanata entitled “Being a By-law of the Corporation of the City of Kanata to
prohibit the discharge of guns within the City of Kanata”;
(e) By-law No. 121-93 of the old Corporation of the City of
Kanata entitled “Being a By-law of the Corporation of the City of Kanata to
regulate the discharge of bows within the City of Kanata”;
(f) By-law No. 96-83 of the old Corporation of the City of
Nepean entitled “Being a By-law of The Corporation of the City of Nepean to
regulate the discharge of guns or other firearms within the City of Nepean”, as
amended;
(g) By-law No. 35-1985 of the old Corporation of the Township of
Osgoode entitled “a by-law to regulate the discharge of firearms in designated
areas of the Township of Osgoode;
(h) the heading preceding Section 2 and Section 2 of By-law
Number 117-91 of the old Corporation of the City of Ottawa entitled “A by-law
of The Corporation of the City of Ottawa respecting public nuisances”, as
amended;
(i) By-law No. 7/92 of the old Corporation of the Township of
Rideau entitled “Being a by-law
to regulate the discharge of firearms in designated areas of the Township of
Rideau”, as amended;
(j)
By-law Number 63-22 of the old Corporation of the Village of Rockcliffe
Park entitled “A By-law of the Corporation of the Village of Rockcliffe Park to
regulate the firing or discharging of guns, pistols, air guns, etc.”;
(k) Subsection
2(m) of By-law No. 1503 of the Corporation of the City of Eastview (old
Corporation of the City of Vanier) entitled “being a by-law regulating the use
and care of streets”, as amended; and
(l) By-law No. 57 of 1997 of the old Corporation of the Township
of West Carleton entitled “Being a by-law of The Corporation of the Township of
West Carleton concerning the discharge of guns or other firearms, air guns and
spring guns or any class or type thereof in the Township of West Carleton.
ENACTED AND PASSED
this day of , 2002.
CITY CLERK MAYOR
DOCUMENT 2
SUMMARY OF RESULTS OF PUBLIC CONSULTATION
The
most significant issues of concern identified throughout public consultation,
both verbally at the public meetings and in the form of written comments (140
submitted), and the Department’s response to those issues are summarized below. Where a number of respondents is identified,
that number refers to those who submitted written comments. In general, the same issues were raised
verbally at the public meetings.
Factors other than absolute numbers of responses on any particular issue
were however, also considered in finalizing the proposals.
A. “Squaring-off” of prohibited areas on maps
The
prohibited areas identified on the maps contained in the initial draft proposal
were “squared-off” in an attempt to clarify and simplify, to the user in the
field, the areas in which the discharge of firearms would be prohibited. The boundaries of those “squared-off” areas
were based on natural lines, such as bodies of water, as well as concession
lines and roadways, all recognizable and distinct features. Twenty-two respondents did not support the
“squaring-off” concept in that they felt that it added to the total of each
prohibited area beyond that which is required for public safety, thereby
limiting hunting activity. The prohibited
areas shown as shaded on the maps attached as Schedules to the proposed by-law
however, remain unchanged. The
“squaring-off” concept has been maintained on the basis that the 450-meter
buffer distance (which applies to places of worship, public halls, schools and
registered plans of subdivision outside of the shaded areas) does not apply to
the shaded areas themselves and public safety continues to be a consideration
in that case. Further, the total of the
shaded prohibited areas of the proposal is only about 4% greater than that
which was in place under the former municipal regulations.
B. Distance from registered subdivisions, and
other buildings and properties
1)
The
initial draft by-law proposed 500 meters as an adequate buffer distance from
registered plans of subdivision, schools, public halls, and places of
worship. That recommendation was based
in part on that which was provided in the former municipal regulations. Eighty-one of the respondents did not
support the 500 meter distance but rather favoured a reduced distance as a sufficient
buffer for public safety purposes based on their own experience with respect to
hunter safety. The by-law has been
amended to provide for a 450-meter buffer distance from the aforementioned
buildings and properties, which is consistent with several of the former
municipal regulations in that regard.
2)
The
former Cumberland and Goulbourn by-laws also provided for a buffer distance
from individual dwelling units (450 and 500 meters, respectively) outside of
registered plans of subdivision.
Twenty-three respondents supported this additional restriction to apply
to the whole of the new City.
The by-law was however not
amended in that regard given that only two of the former municipalities imposed
that restriction which applied to the more remote and less populated rural
areas where the possibility of public safety being compromised is reduced.
Concerns about the careless use of
a firearm may be addressed through provisions under the Fish and Wildlife
Conservation Act and the Criminal Code.
Further, the Trespass to Property Act addresses the unauthorized use of
private property.
C. Bows and other classes of firearm
1)
The
definition of firearm, as provided by the Municipal Act, includes cross-bows
and long-bows. The definition of
firearm in the initial draft proposal matched that of the Municipal Act and the
various provisions of the by-law, such as buffer distance, did not distinguish
between bows and other firearms, and applied the same distance restrictions to
each. Fifty-four respondents supported
a reduced buffer distance to be applied to bows in that the projectiles
emanating from bows travel significantly shorter distances than those of other
firearms. The proposed by-law has
therefore been amended to reflect a buffer distance of 200 meters, where
applicable, to apply to the use of bows where permitted. The 200-meter distance is considered by
experts, such as a member of the Canadian Olympic Archery Team, as sufficient
to provide for public safety.
2)
Both
the Municipal Act and the proposed by-law also include air-guns and spring-guns
in their definition of firearm.
Fourteen respondents supported the idea of excluding those two classes
of firearms. In keeping with the
Municipal Act, the definition in the proposed by-law remains unchanged.
D. Exemptions
The
initial draft by-law provided for a number of exemptions including persons
acting as an agent for the City or for a farmer for the purpose of destroying
animals under certain circumstances, and persons involved in bona fide gun and
archery clubs. Twenty-seven respondents
supported an expansion of the exemptions to provide for legal trapping
activities related to protection of property (such as roads from flooding
caused by beaver dam activity) and for special sporting events, generally
organized by clubs, with prior approval.
The proposed by-law has been amended to provide for those exemptions.
E. Permitted areas
The
initial draft proposal maintained the prohibition of the discharge of firearms
in effect in the former City of Gloucester since 1991. Six respondents felt that the discharge of
firearms should be permitted in certain parts of the former Gloucester. With insufficient support and rationale for
such an amendment, the proposed by-law remains unchanged in that regard.
BY-LAW HARMONIZATION - DISCHARGE OF FIREARMS
HARMONISATION DES RÈGLEMENTS
MUNICIPAUX-
DÉCHARGE D’ARMES À FEU
The Director,
By-law Services, Ms. Susan Jones, briefed the Committee on the by-law which
incorporates the basic provisions of former municipal by-laws to establish one
harmonized discharge of firearms by-law with an effective date of January 1,
2003. She noted a further proposal to
continue the practice of identifying the prohibited areas through the use of
maps that outline the boundaries within which the discharge of firearms is
prohibited.
Responding to
questions from Councillor D. Thompson, Ms. Jones indicated that the relevant
maps would be made available to interested parties. During seasonal times, the maps would be advertised in the local
papers: other opportunities to educate the public about the by-law would be
pursued. With respect the groups
consulted in the development of the by-law, Ms. Jones pointed out that
extensive consultation was undertaken but that not all those consulted are
listed in the report.
Councillor J.
Legendre asked for the rationale for allowing the discharge of firearms in some
city-owned forests and not in others.
Ms. Jones said staff looked into the amount of recreational activitiy in
the forests and in very densely forested areas, where there are no safety
issues, discharge is permitted.
Councillor J.
Stavinga asked whether the 500 meter buffer around the community of Brownsville
(Goulbourn Ward) no longer exists. Ms
Jones replied that if the community is not in a shaded area on the map and the
area has no registered plans of subdivision, there is no buffer zone.
At this juncture,
the following public delegations were heard:
Mr. Greg Thompson, a twenty year
resident of Ottawa, a hunter and fisherman for over 30 years said the City has
adopted the most stringent aspects of the by-law while ignoring the problem of
over-abundant wildlife and the safety of humans as it relates to this. He posited the best way to control
over-abundant wildlife is to allow hunting, one of the safest forms of
recreation and one that is regulated by the Ministry of Natural Resources
(MNR). Mr. Thompson's said his other
concerns include the need to clarify the application of the by-law to navigable
waterways, reducing the buffer zone to 200 metres and allowing the use of
blanks for dog training.
When asked by
Councillor Legendre to comment on the presentation, Ms. Jones clarified that
the jurisdiction responsible for wildlife management was the MNR. She added that, while staff recognizes
issues around wildlife, it cannot open up densely populated areas to the
discharge of firearms for safety reasons.
Ms. Jones also pointed out that, for the most part, staff have adopted
what was already in place in the former municipalities. With respect to the use of blanks for
training dogs, this could be done for training or obedience clubs.
Mr. Bruce McNabb, questioned the
need for the by-law for the purposes of public safety. He said he was not aware of accidents that happen
when people are protecting their own property by using firearms. Mr. McNabb indicated that thirty out of
thirty seven properties in his area don't want a change from the present
restrictions. He suggested that this
area be left out, that the MNR deal with problems or that property owners have
the same exemptions as tree farmers: another suggested option would be to call
in when there is a problem. Mr. McNabb
also pointed out that the by-law is at odds with Official Plan policies and
with the provisions of "Charting a Course" that relate to trees as a
"must have". Documentation
submitted by the speaker is on file with the Committee Coordinator.
In response to a
question from Councillor J. Harder, Ms. Jones indicated that staff have
correspondence from neighbouring properties completely opposed to "call
ins" as a solution and who support the by-law. She added there are alternate ways to deal with wildlife and she
did not recommend this area be excluded from the provisions of the by-law.
Mr. Peter Foster, a resident of
Kanata Ward, echoed the concerns expressed about the proliferation of wildlife
and the impact the by-law will have in dealing with this problem. He recommended the by-law be referred back
to staff to provide statistics, for public consumption, on safety
concerns. Mr. Foster questioned the
assertion by staff that the by-law has no environmental implications and he
sought clarification on what "the MNR concurs in general with the proposal"
means.
Responding to
Councillor Legendre's question about the required by-law modifications to deal
with a bear in someone's back yard, as in his case, Mr. Foster said he would
like to see bows removed and distances revised. Ms.Jones commented on the fact that both the police and the
National Capital Commission are on call to deal with animal problems; bears can
be tranquilized and moved to another area.
Staff don't want to send the message that, just because there's a bear
on one's property, it has to be shot.
Councillor H.
Kreling asked whether representatives of the MNR would comment on the
proliferation of wildlife, the efforts at culling numbers and whether the
proposed by-law addresses concerns. Mr.
Kerry Coleman, Area Manager, said the Ministry is concerned about the rising
numbers of deer and moose and the increasing number of vehicle accidents they
cause. He said hunting is the tool of
choice tool of choice for reducing their numbers as other methods don't
work. Commenting on the by-law, Mr.
Coleman said the discharge distances are somewhat excessive: the Ministry would
like to see as much area open to hunting as possible, particularly for archery.
Replying to
questions from Councillor Thompson about the MNR zones and where Ottawa fits
in, Mr. Coleman described the following Wildlife Management Units: WMU 65,
which includes Ottawa, Cornwall and Hawkesbury; WMU 64B, West Carleton and
parts of Kanata and WMU 64A, west to Rideau Township. Each area has different, one week seasons for shotguns and rifles
and each has a two week archery season.
Mr. John
Honshorst, an archer for 10 years, expressed the view that restrictions imposed
on archery would compromise the sport.
He foresaw problems if existing clubs were grand-fathered and new clubs
are restricted. Mr. Honshorst pointed
out that archery is a low-income sport run mostly by volunteers, and clubs have
no money to pursue zoning by-law changes.
He spoke about the safety of archery, noting that his club hosted over
300 events in the last ten years with no incidents or injuries. Mr. Honshorst said he agreed with the need
for firearms control however the discharge distances should be consistent.
Mr. David Branson, Director,
Ruffed Grouse Society of Canada, called the discharge distances excessive and
he pointed out the by-law will close large tracts of land. He made reference to the excellent safety
record of Ontario hunters. He outlined
a proposal based on setback distances which uses boundaries such as roads, village
boundaries, abandoned railways and population centres.
Mr. Wayne Stephenson, a retired Staff
Sergeant with the Ottawa Police and an Instructor/Examiner with the Canadian
Firearms Safety Course and other organizations, said public safety is the first
concern. Courses offered cover safe handling
of weapons, relevant legislation and all aspects of firearms safety: firearm
law violations can result in fines and/or imprisonment. Mr. Stephenson expressed the belief that
laws don’t provide safety but that training and knowledge are the keys. He spoke about the fact that the wild goose
situation is becoming critical for farmers.
He made reference to the EPS Activity Report that lists only 16
complaints about firearms and gives no indication of any accidents. Mr. Stephenson concluded by saying the
proposed boundaries were not justifiable and he requested the by-law be
referred to staff form review with the MNR and with his group.
Mr. Eike
Jorgensen said one impact the by-law will have is to reduce the number of
hunters. He elaborated on the impact of
geese on the farming community, noting that flocks are out of proportion and
this should be taken into consideration.
Currently, grain crops are reduced as a result of goose overfeeding and
gees will gravitate to areas where hunting is prohibited. Mr Jorgensen suggested the by-law be
reconsidered, with a view to opening up as much land as possible to
hunters. Mr. Jorgensen felt that safety
should be the concern, not just what’s convenient.
Mr. Richard
(Dick) Blanchfield, representing Zone F of the Ontario Federation of
Anglers and Hunters, read from a written statement[1]
covering safety issues, human/animal collisions, the short time period for
hunters to remove whitetail deer over-population, the fact that existing
removal permits do not work and suggesting that gun and bow hunting be split in
MNR regulations and the use of realistic setbacks.
Mr. Paul Mussell, Past President,
Ottawa Federation of Agriculture (2000-2001), read from a written statement[2],
reiterating the need for wildlife management as it relates to farmers. He alluded to the fact that the by-law
envisions 72,000 acres of land where there can be no discharge of firearms,
positing this will create a wildlife refuge in Ottawa.
Committee
discussion focused on a map presented by the last five speakers, Councillor H.
Kreling questioning the inclusion of areas such as Petrie Island and other
lands in the east end of Ottawa slated for the development of a park and ride
facility and an industrial park. Mr.
Jorgensen admitted that the group did not have extensive knowledge of certain
areas, but they were trying to raise awareness of the large areas of land being
prohibited to hunters. Councillor
Kreling expressed the view that, since City staff has extensive knowledge of
future proposed developments, the maps they provided are more precise than the
one prepared by the delegation.
Ms. Selena Walker, a resident of
Goulbourn Ward, read from a prepared statement[3]
proving detailed information on hunting seasons in Ottawa and the dangerous
range of shotguns and rifles. Mr. Walker
felt the current restrictions were too lenient and did not provide enough for
public safety. She also did not support
the proposed reduction from 500 to 450 meters as exclusion zones, positing this
buffer is too short for public safety.
She noted the buffer should be up to 600 meters for shotguns, depending
on the size of the shot and as much as 7 kilometres for high-powered rifles.
Councillor J.
Stavinga, asked whether the 450 meter buffer has been integrated in the
“squaring off”. Ms. Jones replied that,
for the most part, this has been captured and in some cases, the by-law goes
further than that. The Councillor
wanted to know how staff had reconciled the safety range versus the danger
range. Ms. Jones said staff looked at
past activity in the former municipalities that had excellent safety records
because of regulations. She reiterated
her belief that the recommendations before Committee promote safety.
Ms. Lynn Duffy, a resident of
rural Goulbourn, said she had serious concerns about decreasing the 500 meter
buffer. She did not understand the
rationale for providing buffer zones around proposed development zones but not
around some residences, and the fact that discharge is not prohibited over, on
or across the Trans-Canada Trail. She
said the by-law is short-sighted, illogical, it provides less protection and
negatively impacts on quality of life.
Ms. Duffy suggested there be a 500 meter buffer around each home, that
squared-off areas be revisited, that the Trans-Canada Trail have a buffer and
that more public input be solicited.
In response to
questions from Councillor Stavinga, the Legal Department representative, Ms.
Anne Peck, said that, under the Municipal Act, the City can only
regulate the discharge of firearms and cannot impose regulations about
transporting firearms unloaded and encased.
Mr. David Brown, a farmer and a
resident of Vars, provided a written statement[4],
wherein he alludes to the “slippery slope of urban-centric by-laws which do not
work in rural areas” and “the resultant decline of profitable farming…” Some of the other points covered in the
document include by-law harmonization, the different views of firearms between
urban and rural dwellers, discharge zones squaring off to registered plans of
subdivision, the need for the preventive use of firearms to eliminate vermin,
payment for loss of livestock to vermin under provincial legislation and the
need for additional MNR input into the use of firearms.
Replying to
questions of clarification from Councillor Stavinga, Sergeant Robertson,
representing the Ottawa Police, indicated that farmers have the right to
protect their property, stock and crops from vermin and do not require a permit
to use firearms to do so.
Councillor
Legendre wanted to know whether registered plans of subdivision have a “shelf
life” or are registered forever. Ms.
Anne Peck indicated that registration applies until and if a plan is
de-registered. The Councillor asked if
any other provision of the Planning Act could be used as an indicator of
intent to develop thereby activating the buffer zone provision of the
by-law. Ms. Peck said she was not aware
of any other provision, noting that plans of subdivision are habitually
developed rapidly. She added, in reply
to a question of clarification from Chair D. Deans, that some proponents in the
Councillor’s ward had to reapply for approval because the plans were not
registered.
Mr. Bill Bourne, a resident of
Kanata Ward, provided information on his experience as a member of a former
City of Kanata committee looking into the discharge of firearms by-law.
Councillor R.
Bloess asked whether the by-law contains provisions to protect the rights of
existing subdivisions versus those that may not be built for twenty years. Ms. Jones thought it would be the exception
rather than the rule to have subdivisions that are not developed in the
short-terms, adding that common sense should prevail vis-à-vis discharging
firearms in those areas.
Councillor Bloess
indicated his intent to bring forward a Motion asking that staff be given the
discretion to grant permits to deal with specific situations, on a public
safety basis. Ms. Peck clarified that
staff does have authorization, under delegated authority, to grant permits,
however staff has no discretion to determine public safety.
The Committee
Chair, Diane Deans, presented a number of Motions, including a Motion from
Councillor Thompson to refer the matter back to staff.
Councillor
Thompson said it was evident from both the delegations and the Motions put
forward, that a number of items would benefit from additional staff
review. The Councillor did not feel
that additional public consultation was required, but some experts in this area
might want additional time to review the by-law. The issue of firearms by-laws was one of the large issues with
amalgamation, and, as there is no timeframe for a decision, the matter could be
re-examined.
When asked to
comment on the referral Motion, Ms. Jones expressed the belief all the
necessary consultation has been undertaken, and staff have received over 400
comments on the by-law. The meeting
venue was changed in anticipation of a large public turnout that did not
materialize. Ms. Jones felt the
recommendations are sound, and she asked that the Committee deal with the
matter today, positing this would also be the public’s preference.
Councillor R.
Chiarelli spoke against referral, as he felt the points made would not be
clarified by further review. In
addition, deferring a decision may contribute to public cynicism about the
first public consultation phase.
Councillor
Legendre said he would support referral, to give staff an opportunity to
evaluate the Motions and come up with recommendations that address
concerns. He pointed out that the
Committee is mostly comprised of urban councillors reviewing a matter that
mostly affects the rural areas. He also
felt there needs to be a recognition of the legitimate uses of different kinds
of weapons when determining regulations.
Councillor D.
Eastman called this a very emotional issue in the rural area, and he asked that
the Committee get on with making a decision and not refer the matter back to
staff.
Councillor J.
Harder asked whether it would be too onerous on staff to ensure they have a
presence at country fairs, starting with the Central Canada Exhibition, as part
of educating the public on the by-law provisions. Ms. Jones called this an excellent idea that would be implemented
with the help of police and other partners: the maps will also be made available
to the public.
Councillor Bloess
pointed out that the ten proposed amendments reflect the Committee’s unease
about certain aspects of the proposed by-law.
He said he would support referral, but not further consultation.
Councillor Harder
suggested that, rather than referring the matter back to staff, the
recommendations be adopted and that the matter be reviewed at the end of one
year’s time, to allow for public education.
The Councillor expressed the belief that Council will rapidly discover
what parts of the by-law work and what parts do not work.
Chair Deans
pointed out that staff have been through extensive public consultation, and
have met one on one with the affected councillors: in light of these facts, she
expressed the belief that referral would be folly.
The Committee
then considered the following:
Moved by D.
Thompson
That the EPS Committee refer the Harmonization
of Firearms By-law back to staff for further review and discussion, reporting
back to Committee in September 2002.
YEAS (3): R.
Bloess, J. Legendre, D. Thompson
NAYS (4): R.
Chiarelli, J. Harder, H. Kreling, D. Deans
After further
discussion, the Committee considered the following Motions:
Moved by R.
Bloess
That
no person shall discharge a firearm within a buffer distance of 450 metres from
individual dwelling units outside of registered plans of subdivision.
Moved by R.
Bloess
WHEREAS a proposed, harmonized Discharge of Firearms
By-law is being considered by the Emergency and Protective Services Committee
and Council;
AND WHEREAS the Municipal
Act permits Council to, for the purpose of public safety, pass by-laws to
prohibit the discharge of firearms in defined areas of the City;
AND WHEREAS part of the Trans-Canada Trail (TCT) is located in the former
Township of Goulbourn;
AND WHEREAS in the proposed by-law, the only provision applicable to that part
of the TCT in the former Township of Goulbourn requires that firearms not be
discharged on, over or across it;
AND WHEREAS the TCT is used year-round by
members of the public engaged in any of the five approved uses of the Trail,
specifically, cycling, equestrian riding, skiing, snowmobiling and walking;
AND WHEREAS the TCT, which is city-owned, has recently undergone significant
upgrades and is being further promoted for public use;
THEREFORE BE IT RESOLVED that the Emergency and
Protective Services Committee recommend to Council that the discharge of
firearms be prohibited within 450 meters of either side of the Trans Canada
Trail located in the former Township of Goulbourn and that the proposed by-law
be amended accordingly.
D. Deans
dissented
Moved by R.
Chiarelli
That the shaded area defining discharge of firearms
not permitted surrounding the Village of Stittsville be further squared off by
extending northwards to Hwy 417 as well as southwards to Shea and Fallowfield
Roads.
Moved by J.
Legendre
That, in addition to the existence of a registered Plan of
Subdivision, staff require that an application for a building permit within
that subdivision serve as an activation mechanism for the application of the
discharge of firearms by-law.
CARRIED
Moved by J.
Legendre
That staff recognize that the use
of blanks when used for animal training purposes would constitute a legitimate,
permissible exemption.
CARRIED
Moved by J.
Legendre
That
distances be adjusted to better match the energy of the arm in question,
specifically that distances refer to:
·
Rifles
·
Shotguns
·
Air-powered guns (B.B. or pellet)
·
Spring-powered
·
Bows
LOST
YEAS (2): J.
Legendre, D. Thompson
NAYS (3): R.
Bloess, J. Harder, D. Deans
Moved by R.
Bloess
WHEREAS the City of Ottawa is proposing to harmonize
the Discharge of Firearms By-law(s);
BE IT RESOLVED that an exemption permit be granted to a property owner to
protect his/her property from harm from wildlife, subject to staff exercising
discretion based on criteria taking into account public safety, urgency of the
situation, geographical considerations and any other pertinent factors.
D. Deans
dissented
Moved by J.
Harder
That the by-law be reviewed in January 2004 and that
information booths be established at all the country fairs, beginning with the
Central Canada Exhibition.
CARRIED
That the Emergency and Protective Services Committee
recommend to Council that the Discharge of Firearms By-law, attached as
Document 1 with an effective date of January 1, 2003 be approved, as amended
by the foregoing.