Discharge of Firearms and Bows

For the purposes of this by-law, the following terms shall have the corresponding meaning:

• “Agent” means a person authorized by the Regulations under the Fish and Wildlife Conservation Act to act as an Agent for a landowner to kill, capture or harass wildlife for the Protection of Property and includes:
  • Trappers licensed under Ontario Regulation 667/98 Trapping;
  • Employees or agents of a member of the Ontario Society for the Prevention of Cruelty to Animals under the Ontario Society for the Prevention of Cruelty to Animals Act, R.S.O. 1990, c. O.36 or any amending or successor legislation;
  • Members of a landowner’s immediate family acting on behalf of the landowner on the landowner’s own Land;
  • Employees or agents of a municipality whose responsibility relates to wildlife or animal control; and
  • A hunter actively engaged in hunting during a permitted season to whom has been issued such necessary licences and permits as may be required by Federal of Provincial governments, and provided that such Person has obtained the prior consent of the owner of the parcel of Land on which the Firearm or Bow is discharged. 
•  “Agricultural property” means land permitted to be used for agricultural purposes by the Township of South Stormont zoning
  • raising livestock or poultry;
  • growing crops; or
  • arboriculture or horticulture for commercial purposes;
• “Bow” means a curved or re-curved stave of a resilient material, strung taut from end to end and used to launch an arrow, bolt, quarrel or any similar projectile and includes cross-bows, long bows, re-curve bows and compound bows, but excludes a bow with a draw weight of 22 pounds or less.
• “Defined Area” means the area defined as Urban Settlement within the SDG County Official Plan.
• “Firearm” means shotguns, rifles, bows, or any class thereof and includes anything that can be adapted for use as a Firearm and that is capable of causing serious bodily injury or death to a person, excluding paint ball guns, pellet or BB guns or similar class of firearm with a muzzle velocity lesser than 500 feet per second.
• “Officer” means a Police Officer, Peace Officer, Municipal Law Enforcement Officer, and Officer appointed under the Fish and Wildlife Conservation Act, 1997 or Conservation Authorities Act;
• “Person” means an individual, firm, corporation, business, association or partnership.
• “Property” means any parcel of land or any portion thereof, but excludes any building or structure located on the Property.
• “Protection of Property” means the killing, capturing or harassing of wildlife found damaging or destroying property on a person’s own property, or, that a person believes, on reasonable and probable grounds, is about to damage or destroy property on their own property.

The provisions of this By-law shall apply to all discharges of Firearms within the boundaries of the Defined Area only.

Nothing in this By-law shall be interpreted as reducing or eliminating the need for full compliance with the provisions of all applicable Federal and Provincial statutes and associated Regulations, including but not limited to the following:

• Criminal Code;
• Firearms Act;
• Migratory Birds Convention Act; and
• Fish and Wildlife Conservation Act

No Person shall discharge any Firearm in the Defined Area except in accordance with this By-law.

Notwithstanding section 3(a) above, within the Defined Area a Person may discharge or cause to be discharged a Firearm provided that:

• the Person is the Property owner or has expressed permission from the Property owner or tenant of the Property on which the discharge occurs; or
• the Person is an authorized Agent of the Property owner or tenant; and
• the Property upon which the discharge is to occur is no less than 2.02 hectares (5 acres) in size; and
• the Person or Agent takes all reasonable precautions to ensure no bullet, shot, bolt, arrow, or projectile shall pass over the boundary of the Property.  

This By-law shall not apply to the discharge of a Firearm:

• by any Officer acting in the course of their duty under the authority of their employment;
• for the Protection of Property from nuisance wildlife that may be killed or harassed in accordance with the Ontario Fish and Wildlife Conservation Act, or a permit issued under the Canada Migratory Birds Regulations; or
• An owner or their Agent, on Agricultural Property, where the discharge is necessary to scare or destroy animals that are likely to kill or injure livestock or poultry or damage property, where such discharge is in accordance with all other applicable laws.

The provisions of this By-law may be enforced by an Officer or any other Person appointed to enforce by-laws for the Township.

An Officer may enter onto Property at any reasonable time for the purpose of carrying out an inspection to determine whether or not the following are being complied with:

•  the provisions of this By-law;
• an order made under section 431 of the Municipal Act.

An Officer carrying out an inspection under Section 6 a) may: 

• require the production for inspection of documents or things relevant to the inspection;
• inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts;
• require information from any Person concerning a matter related to the inspection including their name, address, phone number and identification; and
• alone or in conjunction with a Person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection. 

An Officer may undertake an inspection pursuant to an order issued under s. 438 of the Municipal Act. 

The Township’s power of entry may be exercised by an Officer or any other Person appointed to enforce by-laws for the Township.

Where this by-law conflicts or is deemed to conflict with any applicable Federal or Provincial statute, the provisions of such Federal and Provincial statute shall prevail.

If a court of competent jurisdiction should declare any section or part of a section of this by-law to be invalid, such section or part of a section shall not be construed as having persuaded or influenced Council to pass the remainder of the by-law and it is hereby declared that the remainder of the by-law shall be valid and shall remain in force.

Every person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a fine pursuant to the provisions of the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended.

Pursuant to section 429(2) of the Municipal Act, all contraventions of this by-law or orders issued under this by-law are designated as multiple offences and continuing offences. A multiple offence is an offence in respect of two (2) or more acts or omissions each of which separately constitutes an offence and is a contravention of the same provision of this by-law.

That any other by-law inconsistent with this by-law is hereby repealed.