Discharge of Firearms By-law No. 2002 - 344

A by-law of the City of Ottawa respecting the regulating of the discharge of firearms.

Enacted by City Council at its meeting of August 28, 2002.

The Council of the City of Ottawa enacts as follows:

 

DEFINITIONS AND INTERPRETATION
DEFINITIONS
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,

  1. who has livestock or poultry on the land,
  2. who is tilling or cultivating the land for crops, or
  3. 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,

  1. a police officer as defined in the Police Services Act, R.S.O. 1990, Chap. P.15, as amended,
  2. conservation officer appointed to enforce the Fish and Wildlife Conservation Act, 1997, S.O. 1997, Chap. 41, as amended,
  3. a municipal law enforcement officer appointed pursuant to section 15 of the Police Services Act to enforce the by-laws of the City,
  4. a peace officer as defined in the Criminal Code,
  5. a member of the Royal Canadian Mounted Police Force, or
  6. 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.
INTERPRETATION
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.
REGULATIONS
DISCHARGE OF FIREARMS
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 adjacent to 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,
  1. on, over or across any highway or portion thereof;
  2. 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,
    1. an unopened road allowance, and
    2. the forestry lands formerly managed by the Ministry of Natural Resources described in By-law No. 2001-439 and known as:
      1. Carp Hills Forest;
      2. Corkery Woodlands;
      3. Marlborough Forest; and
      4. Pinery-Long Swamp Forest;
  3. within 450 meters of any place of worship, public hall or school property;
  4. on land on a registered plan of subdivision once an application for a building permit has been received by the City of Ottawa;
  5. within 450 meters of land on a registered plan of subdivision once an application for a building permit has been received by the City of Ottawa; or
  6. within 450 meters of either side of the Trans Canada Trail which is identified on Schedule "F".
2. Despite paragraphs (c) and (d) of subsection (1), no person shall discharge a long bow or cross bow within 200 metres of:
  1. any place of worship, public hall or school property; or
  2. land on a registered plan of subdivision once an application for a building permit has been received by the City of Ottawa.
EXEMPTIONS
5. Despite Sections 3 and 4, this by-law shall not restrict or regulate the discharge of firearms by the following:
  1. a peace officer in the performance of his or her duty;
  2. 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;
  3. 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,
  4. 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;
  5. a facility operated by or for a municipal, provincial or federal police force;
  6. 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;
  7. a person firing blank ammunition for animal training purposes or for the purpose of starting or controlling a sporting event of a similar nature to foot racing, sailing or golf;
  8. 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;
    1. a person or persons engaged in an archery sporting event provided that:
    2. the event lasts no more than 4 consecutive days,
    3. the sponsor of the event provides the Director of By-law Services with 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 14 days in advance of the event; and
    4. the Chief of Police has no objections.
OFFENCES AND PENALTIES
OFFENCES
6. Any person who contravenes any of the provisions of this by-law is guilty of an offence.
FINES
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.
PROHIBITION ORDER
8. When a person has been convicted of an offence under this by-law:
  1. the Ontario Court of Justice; or
  2. 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.

ADMINISTRATION
ENFORCEMENT
9. This by-law shall be enforced by the Chief of Police and the Municipal By-law Enforcement Officers of the City.
SHORT TITLE
SHORT TITLE
10. This by-law may be referred to as the "Discharge of Firearms By-law".
REPEAL
REPEAL
11. The following by-laws, or portions of by-laws of the old municipalities are repealed:
  1. 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;
  2. 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";
  3. 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";
  4. 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";
  5. 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";
  6. 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;
  7. 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;
  8. 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;
  9. 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;
  10. 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.";
  11. 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
  12. 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.
EFFECTIVE DATE
EFFECTIVE DATE
12. This by-law shall come into effect on January 1, 2003.

ENACTED AND PASSED this 28th day of August, 2002.

 
  CITY CLERK            MAYOR

 

SCHEDULES "A" to "P"

 

Schedule a
Schedule b
Schedule c
Schedule d
 
Schedule e
Schedule f
Schedule g
Schedule h
 
Schedule i
Schedule j
Schedule k
Schedule l
 
Schedule m
Schedule n
Schedule o
Schedule p

 

The following maps include a good quality image but are provided for information only. Official versions are available through the City Clerk's office.

 

Schedule A - Mississippi River
Schedule B - Carp
Schedule C - Highway 417 and Highway 7
Schedule D - Constance Bay and Dunrobin
Schedule E - Kanata
Schedule F - Goulbourn Township
Schedule G - Rideau Township
Schedule H - Manotick & Rideau River
 
Schedule I - South Nepean
Schedule J - Ottawa West
Schedule K - Greely and Osgoode
Schedule L - Osgoode Township East
Schedule M - Gloucester South & Airport
Schedule N - Gloucester North & Orleans
Schedule O - Cumberland North - Rural
Schedule P - Cumberland South