Licensing - Powers
Nothing in this By-law shall be construed as limiting the Township’s power under section 151 of the Municipal Act, 2001, S.O. 2001 c. 25 to, without limitation:
- prohibit the carrying on of or engaging in a Shooting Range without a Licence;
- refuse to issue a Licence, refuse to renew a Licence, or revoke or suspend a Licence;
- impose conditions, including special conditions as a requirement of obtaining, continuing to hold or renewing a Licence; and
- impose special conditions on a Shooting Range that have not been imposed on all Shooting Ranges to continue to hold or to renew a Licence.
Licensing Powers of the Township
The Director may issue with or without conditions, refuse to issue, renew with or without conditions, refuse to renew or revoke or suspend a Licence.
Licence Notification
The Township of South Stormont shall notify the Chief Firearms Officer of Ontario of the passage of this By-law, and any amendments to it, for the purpose of ensuring compliance with this By-law and any compliance with requirements pursuant to s. 3(2)(e) of Regulation SOR/98-212 Shooting Clubs and Shooting Ranges under the Firearms Act, S.C. 1995, c. 39.
Licences Shall be Displayed
Every Licensee shall ensure that a copy of the issued Licence is posted in a conspicuous location at all times at the Shooting Range and shall produce such Licence upon request by an Officer.
Term of Licences
A Licence shall be valid only for the period for which it was issued. All Licences shall expire one (1) year from the date of issuance, unless otherwise extended, in writing, by the Township.
Licence Fees
All Licence fees are for administrative purposes and are non-refundable if the application is refused for any reason or is withdrawn by the Applicant prior to the issuance of a Licence.
All Licence fees shall be as set out in the Township’s applicable Fees and Charges By-law, as amended from time to time.
A duplicate Licence may be issued by the Director to replace any Licence previously issued which has been lost, stolen or destroyed and the Licence replacement fee shall be as set out in the Township’s applicable Fees and Charges By-law, as amended from time to time.
Licence Application - Full Information Required
Every Applicant shall provide in full a complete application at the time the application is submitted, failing which the Director shall not accept the application.
Subject to applicable further requirements under Section 2.12 of this By-law, a complete application shall include:
- payment of the prescribed Licence fee;
- a site plan which includes the geographical location of all buildings and Shooting Ranges proposed to be located on the premises, in addition to information about the Shooting Range including range length, width and direction of bullet travel, geographical location and height of fencing, and any other information the Director may require;
- the name under which the Applicant carries on or intends to carry on the Shooting Range; and
- Any other affidavit, document or information, as may be requested by the Director.
Upon receipt of an application for Licence or renewal, the Director shall undertake any inspections that, in their opinion, are necessary to determine that the application meets the applicable requirements of this By-law, and the Applicant shall consent to such inspections.
Conditions for Licence Issuance and Renewal
Every Licence that is issued or renewed is subject to the following conditions, all of which must be performed and observed by the Applicant of the Shooting Range:
- the Applicant shall pay the applicable Licence fee;
- the Applicant shall not carry on activities that are in contravention of this By-law, the Licence or any other municipal, provincial or federal law or regulation;
- the Applicant shall pay in full any fine for contravention of this By-law, or any other Township By-law, or any of their operators or employees after the fine becomes due and payable under Section 66 of the Provincial Offences Act, R.S.O. 1990, c. P.33, including any extension of time for payment ordered under that Section;
- the Applicant shall not obstruct or hinder the enforcement of this By-law;
- where the Applicant is a corporation, it shall, within fifteen (15) days, notify the Director in writing where there is a change in an officer or Director of the corporation or where there is a change in the controlling interest;
- the premises in which the Shooting Range is located shall be constructed and operated in compliance with all applicable municipal, provincial and federal law, including without limitation the Building Code Act, 1992, S.O. 1992, c. 23 and the Regulations thereunder, the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4 and the Regulations thereunder, and any By-law of the Township, including any term of a Licence issued under this By-law;
- At all times throughout the term of the Licence, the Applicant shall be a registered Owner of the lands and premises upon which the Shooting Range is to be operated;
- the Applicant shall be subject to site plan approval as prescribed in section 41 of the Ontario Planning Act for a new or existing Shooting Range and will be required to submit any additional supplementary documents, as prescribed, including any additional requirements requested by the Chief Firearms Officer of Ontario;
- the Applicant shall provide the Director with at least 30 days notice by way of Correspondence and obtain approval for any material change, including any Expansion, Alteration or Conversion of the Shooting Range. As part of this process, the Applicant shall provide any proposed material changes to the municipality for review and consideration prior to submitting a formalized site plan application;
- The Shooting Range shall be secured by means of fencing at a maximum height 1.83 meters and a minimum height of 1.21 meters. The extent, configuration, materials and location of the required fencing shall be determined by the Director responsible for Municipal Law Enforcement, in consultation with the Applicant, prior to the issuance or renewal of a Licence;
- “No Trespassing” signage shall be posted no less than every 60 meters along the perimeter of the lands on which the Shooting Range is located. The signage shall conform to the notice requirements of the Trespass to Property Act, R.S.O. 1990, c. T.21 and include language warning that the premises are used for the discharge of Firearms;
- The Applicant shall ensure all Licence issuance conditions are met to the satisfaction of the Township prior to making an application to the Chief Firearms Office;
- The Applicant shall make entry logbooks for the Shooting Range available to Officers for review and documentation at any time. All logbooks shall be posted in a conspicuous location for Shooting Range users to sign and the Applicant shall ensure that users sign the logbook upon entering and leaving the Shooting Range.
- Within 30 days of the issuance or renewal of a Licence, the Applicant shall schedule and attend a meeting with the Director to discuss matters relating to the operation of the Shooting Range to promote a positive working relationship with the Township for the betterment of the community;
- Insurance
- Commercial General Liability Insurance
Commercial General Liability, underwritten by an insurer Licensed to conduct business in the Province of Ontario, for a limit of not less than $5,000,000 per occurrence, an aggregate limit of not less than $5,000,000, within any policy year with respect to completed operations. This policy shall include but not be limited to:
- Bodily injury including death
- Premises and Operations Liability
- Personal Injury Liability
- Name the Township as an Additional Insured
- Cross-liability and severability of interest
- Blanket Contractual
- The policy shall include 60 days’ notice of cancellation
- Primary Coverage
The Owner’s insurance shall be primary coverage and not additional to and shall not seek contribution from any other insurance policies available to the Township.
- Certificate of Insurance
The Owner’s shall provide a Certificate of Insurance evidencing coverage in force at least 10 days prior to Licence commencement and 30 day prior to each insurance renewal; and
- the Applicant will provide an indemnity in favour of the Township from and against claims, demands, losses, costs, damages, actions, suits, or proceedings that arise out of, or are attributable to, the Shooting Range, which shall be in a form satisfactory to the Township, and conditional on a Licence being issued.
Complaints
Upon receiving a complaint that the Shooting Range is operating contrary to the conditions of a Licence or the provisions of this By-law, an Officer may investigate the complaint.
Incomplete Application
Any Application that does not comply with any provision of this By-law may be deemed incomplete and refused. The application shall be returned to the Applicant with an explanation for the refusal, as per Section 2.19 of this By-law.
Notice
Every Applicant shall notify the Director in writing within ten (10) days of any change in their personal address, email address or mailing address and shall be sent to:
Director responsible for Municipal Law Enforcement
Township of South Stormont
2 Mille Roches Road
PO Box 84
Long Sault, Ontario K0C 1P0
info@southstormont.ca
Any notice or request made pursuant to this By-law shall be given in writing and is effective:
- on the date on which a copy is hand delivered to the Person to whom it is addressed; or
- on the fifth (5th) day after a copy is sent by registered mail to the Person’s last known address; or
- on the date a copy is sent by email to the last known email address of the Person to whom service is required to be made.
Transfer of Licence is Prohibited
Every Licence, at all times, is owned by, and is the property of the Township, and is valid only in respect of the Person and the premises or of the Person named therein and for the nature of Shooting Range stated in the Licence, and no Licence may be sold, purchased, leased, mortgaged, charged, encumbered, assigned, pledged, transferred, seized or otherwise dealt with.
Revocation of Licence
The Township may revoke a Licence:
- which is voluntarily surrendered by the Licensee for revocation;
- at any time when the Applicant contravenes or fails to comply with any provision of this By-law, a condition of a Licence, or any other municipal, provincial or federal law; or
- that was obtained or issued in error or because of mistaken or misrepresented information.
Notice of Licence Refusal, Revocation or Suspension
Where the Township refuses to issue, refuses to renew, or revokes or suspends a Licence, the Township shall give written notice of its decision to the Applicant/Licensee, together with the reason for its decision. The Township may further provide notice to any Persons, civic departments, boards, commissions, authorities or agencies who the Township considers to have an interest in the decision.
Request for Hearing
Every Applicant/Licensee, within ten (10) days of receipt of a Notice of Licence Refusal, Revocation or Suspension from the Director, pursuant to Section 2.19 of this By-law, may appeal the Licence Refusal, Revocation or Suspension and request a hearing before Council. Such request for a hearing shall be in writing and shall be accompanied by the Hearing Fee, as set out in the Township’s applicable Fees and Charges By-law, as amended from time to time. The Clerk shall provide a response to the Applicant with a set date for the hearing within (15) days of receiving a written request.
Notice of Hearing - Content
Where the Clerk receives a written request for a hearing in compliance with Section 2.20 of this By-law, the Clerk shall schedule a hearing before Council, being a Special Meeting of Council, and shall provide Notice of Hearing to the Applicant pursuant to Section 2.21 of this By-law. The Notice of Hearing shall:
- contain the reason(s) for the refusal, suspension or revocation;
- specify the time, place and purpose of the hearing of Council at which the refusal, suspension or revocation will be considered;
- inform the Applicant/Licensee that they are entitled to attend the hearing and make submissions regarding the decision and that, in their absence, Council may proceed to consider the decision and the Applicant will not be entitled to any further notice in the proceeding; and
- be given at least ten (10) days’ notice prior to the date of the hearing.
Suspension - Interim - Hearing Pending
Where there is a request for a hearing pursuant to Section 2.20 of this By-law, the Director may, where it is deemed to be necessary and in the public interest, immediately suspend the Licence for a period not exceeding fourteen (14) days.
Suspension - Interim Notice Content
The Notice of Hearing in Section 2.21 of this By-law shall inform the Applicant of any interim suspension under Section 2.22 of this By-law.
Council - Hearing Proceedings
At a hearing, Council:
- shall afford the Applicant an opportunity to make submissions in respect of the matter that is the subject of the hearing;
- may permit any other Person, at its discretion, an opportunity to make submissions in respect of the matter that is the subject of the hearing;
- may close a portion of the hearing in accordance with Section 239 (2), (3) and (3.1) of the Municipal Act, 2001, S.O. 2001 c. 25;
- shall give due consideration to the submissions made to it;
- shall take such action as Council considers proper in the circumstances, including without limitation to refuse, suspend or revoke the application or Licence, to not refuse, suspend or revoke the application or Licence, or to impose any conditions it considers appropriate; and
- shall give written notice of its decision to the Applicant/Licensee.
Council - Decision - Immediate - Final
A decision of Council to refuse to issue, refuse to renew, suspend or revoke an application or Licence takes effect immediately upon the rendering of such decision by Council.
A decision of Council is final and binding.
