Go Back

South Stormont Proposed Firearms and Bows By-law

Share South Stormont Proposed Firearms and Bows By-law on Facebook Share South Stormont Proposed Firearms and Bows By-law on Twitter Share South Stormont Proposed Firearms and Bows By-law on Linkedin Email South Stormont Proposed Firearms and Bows By-law link

Consultation has concluded

We want to hear from you on a new Discharge of Firearms and Bows By-law.

In the spring of 2020, Council instructed staff to review the Township’s Nuisance By-law. The regulations surrounding the discharge of firearms was one of the main concerns expressed.

Complaints about the lack of restriction in some areas and too much regulation in others has prompted the creation of an independent by-law dedicated specifically to the discharge of firearms and bows within the Township of South Stormont.


Please note that this by-law does not affect the St. Lawrence Parks Commission lands or the St. Lawrence River.

We want to hear from you on a new Discharge of Firearms and Bows By-law.

In the spring of 2020, Council instructed staff to review the Township’s Nuisance By-law. The regulations surrounding the discharge of firearms was one of the main concerns expressed.

Complaints about the lack of restriction in some areas and too much regulation in others has prompted the creation of an independent by-law dedicated specifically to the discharge of firearms and bows within the Township of South Stormont.


Please note that this by-law does not affect the St. Lawrence Parks Commission lands or the St. Lawrence River.


Notable Inclusions Within the Proposed Firearms and Bows By-law


Problem

The current definition of a firearm does not include air guns, spring guns or types of bows.

Concerns have been raised by residents and staff that under the current by-law, cross-bows or high power air rifles are not restricted within the settlement areas. This poses a danger to anyone within a settlement area.

Solution

The new by-law will define both firearms and bows.

By creating a more concise definition of firearm and including the definition of a bow, the firearms and bows that were previously omitted are now prohibited.

The proposed definitions are as follow:

“Firearm” means shotguns, rifles, air guns, spring guns or any class thereof and includes anything that can be adapted for use as a Firearm.

“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.

Problem

The area where the discharge of firearms is restricted is, in some cases, rather restrictive.

There are areas within the Urban Settlement area that are rural in nature, and some are large in size. Requests have been made to allow for archery practice and hunting in some of these areas.

Solution

The proposed by-law recommends the discharge of firearms and bows be restricted completely, with certain exceptions, within the Urban Settlement area defined in the SDG Official Plan. The areas are outlined on the map below. This is same area used by the Township to restrict Open Air Burning.

The proposed by-law suggests allowing the discharge of firearms and bows within the Defined Area, providing the property is larger that 5 acres in size and no bullet or arrow shall pass over the boundary of the property.

Other Items

The proposed by-law provides exceptions for the discharge of firearms, these include:

  • Peace officer
  • Agents under the Ontario Fish and Wildlife Conservation Act
  • Uses for agriculture purposes for the owner or tenant with a valid Business Registration Number

Provisions for the power of entry, severability, offence and enforcement are also included in the draft by-law.

* It should be noted that the municipality is not able to enforce the discharge of firearms or bows on property governed by the Province.

Consultation has concluded

Do you have any questions about the proposed Firearms and Bows By-law? Leave them below and we will get back to you with answers. 

If the answer to your question would prove beneficial to the entire community, we will answer it publicly, if the questions is very specific or contains personal information, we will answer privately to your email inbox.

  • Share I have a a lot of questions. 1. How did a single line in a nuisance bylaw evolve into one with powers of entry? What is the justification of this? 2. Can you detail these power of entry and exactly the very openly worded “things relevant to inspection” that the township would expect to find in a typical neighbour complaint regarding a discharged bow or firearm? 3. What mechanisms are in place to ensure that these proposed regulatory powers are not being utilized solely to further criminal investigations. 4.What are the steps that trigger an inspection on a property. Who approves this? Is a simple neighbour complaint enough? 5.Take tests and samples”…what exactly is this in a municipal bylaw world. What samples would one expect to take? Can you give an example of a scenario that this would apply to. 6.How are BB guns (spring guns) included in this. If someone has a four acre lot you are saying the township will prohibit kids from target practice? 7.Why are Canadian armed forces member given peace officer status and the authorities that go along with this specific bylaw. What is the purpose of that.? There had to be a situation where the Township believes this may apply and I would like an understanding of what that is. 8.What is the definition of a reasonable time? 9.what is the anticipated nature of 6 b) iv? Can you give me an example of what these would be. 10.What is the definition of buildings and dwellings. Does it include personal dwellings (homes)? This bylaw has very generalized powers with not much in the way of checks in balances. Almost everything listed sounds like a criminal investigation and very much the authorities of a search warrant. One that in the policing world would require reasonable grounds to believe an offence has been committed and an application before a justice. I do not own firearms or crossbows. I understand weapons should not be discharged in populated areas. None of that changes the fact that the authorities drafted in this appear to be overreaching and feel very much like a regulatory power that is going to be used for policing matters. Nothing that I have read or watched so far has clearly explained the need of these increased authorities and how they will enhance bylaw enforcement. What it will do is give access to property and observations that would not otherwise occur by police. There is a reason why there is a charter of rights. on Facebook Share I have a a lot of questions. 1. How did a single line in a nuisance bylaw evolve into one with powers of entry? What is the justification of this? 2. Can you detail these power of entry and exactly the very openly worded “things relevant to inspection” that the township would expect to find in a typical neighbour complaint regarding a discharged bow or firearm? 3. What mechanisms are in place to ensure that these proposed regulatory powers are not being utilized solely to further criminal investigations. 4.What are the steps that trigger an inspection on a property. Who approves this? Is a simple neighbour complaint enough? 5.Take tests and samples”…what exactly is this in a municipal bylaw world. What samples would one expect to take? Can you give an example of a scenario that this would apply to. 6.How are BB guns (spring guns) included in this. If someone has a four acre lot you are saying the township will prohibit kids from target practice? 7.Why are Canadian armed forces member given peace officer status and the authorities that go along with this specific bylaw. What is the purpose of that.? There had to be a situation where the Township believes this may apply and I would like an understanding of what that is. 8.What is the definition of a reasonable time? 9.what is the anticipated nature of 6 b) iv? Can you give me an example of what these would be. 10.What is the definition of buildings and dwellings. Does it include personal dwellings (homes)? This bylaw has very generalized powers with not much in the way of checks in balances. Almost everything listed sounds like a criminal investigation and very much the authorities of a search warrant. One that in the policing world would require reasonable grounds to believe an offence has been committed and an application before a justice. I do not own firearms or crossbows. I understand weapons should not be discharged in populated areas. None of that changes the fact that the authorities drafted in this appear to be overreaching and feel very much like a regulatory power that is going to be used for policing matters. Nothing that I have read or watched so far has clearly explained the need of these increased authorities and how they will enhance bylaw enforcement. What it will do is give access to property and observations that would not otherwise occur by police. There is a reason why there is a charter of rights. on Twitter Share I have a a lot of questions. 1. How did a single line in a nuisance bylaw evolve into one with powers of entry? What is the justification of this? 2. Can you detail these power of entry and exactly the very openly worded “things relevant to inspection” that the township would expect to find in a typical neighbour complaint regarding a discharged bow or firearm? 3. What mechanisms are in place to ensure that these proposed regulatory powers are not being utilized solely to further criminal investigations. 4.What are the steps that trigger an inspection on a property. Who approves this? Is a simple neighbour complaint enough? 5.Take tests and samples”…what exactly is this in a municipal bylaw world. What samples would one expect to take? Can you give an example of a scenario that this would apply to. 6.How are BB guns (spring guns) included in this. If someone has a four acre lot you are saying the township will prohibit kids from target practice? 7.Why are Canadian armed forces member given peace officer status and the authorities that go along with this specific bylaw. What is the purpose of that.? There had to be a situation where the Township believes this may apply and I would like an understanding of what that is. 8.What is the definition of a reasonable time? 9.what is the anticipated nature of 6 b) iv? Can you give me an example of what these would be. 10.What is the definition of buildings and dwellings. Does it include personal dwellings (homes)? This bylaw has very generalized powers with not much in the way of checks in balances. Almost everything listed sounds like a criminal investigation and very much the authorities of a search warrant. One that in the policing world would require reasonable grounds to believe an offence has been committed and an application before a justice. I do not own firearms or crossbows. I understand weapons should not be discharged in populated areas. None of that changes the fact that the authorities drafted in this appear to be overreaching and feel very much like a regulatory power that is going to be used for policing matters. Nothing that I have read or watched so far has clearly explained the need of these increased authorities and how they will enhance bylaw enforcement. What it will do is give access to property and observations that would not otherwise occur by police. There is a reason why there is a charter of rights. on Linkedin Email I have a a lot of questions. 1. How did a single line in a nuisance bylaw evolve into one with powers of entry? What is the justification of this? 2. Can you detail these power of entry and exactly the very openly worded “things relevant to inspection” that the township would expect to find in a typical neighbour complaint regarding a discharged bow or firearm? 3. What mechanisms are in place to ensure that these proposed regulatory powers are not being utilized solely to further criminal investigations. 4.What are the steps that trigger an inspection on a property. Who approves this? Is a simple neighbour complaint enough? 5.Take tests and samples”…what exactly is this in a municipal bylaw world. What samples would one expect to take? Can you give an example of a scenario that this would apply to. 6.How are BB guns (spring guns) included in this. If someone has a four acre lot you are saying the township will prohibit kids from target practice? 7.Why are Canadian armed forces member given peace officer status and the authorities that go along with this specific bylaw. What is the purpose of that.? There had to be a situation where the Township believes this may apply and I would like an understanding of what that is. 8.What is the definition of a reasonable time? 9.what is the anticipated nature of 6 b) iv? Can you give me an example of what these would be. 10.What is the definition of buildings and dwellings. Does it include personal dwellings (homes)? This bylaw has very generalized powers with not much in the way of checks in balances. Almost everything listed sounds like a criminal investigation and very much the authorities of a search warrant. One that in the policing world would require reasonable grounds to believe an offence has been committed and an application before a justice. I do not own firearms or crossbows. I understand weapons should not be discharged in populated areas. None of that changes the fact that the authorities drafted in this appear to be overreaching and feel very much like a regulatory power that is going to be used for policing matters. Nothing that I have read or watched so far has clearly explained the need of these increased authorities and how they will enhance bylaw enforcement. What it will do is give access to property and observations that would not otherwise occur by police. There is a reason why there is a charter of rights. link

    I have a a lot of questions. 1. How did a single line in a nuisance bylaw evolve into one with powers of entry? What is the justification of this? 2. Can you detail these power of entry and exactly the very openly worded “things relevant to inspection” that the township would expect to find in a typical neighbour complaint regarding a discharged bow or firearm? 3. What mechanisms are in place to ensure that these proposed regulatory powers are not being utilized solely to further criminal investigations. 4.What are the steps that trigger an inspection on a property. Who approves this? Is a simple neighbour complaint enough? 5.Take tests and samples”…what exactly is this in a municipal bylaw world. What samples would one expect to take? Can you give an example of a scenario that this would apply to. 6.How are BB guns (spring guns) included in this. If someone has a four acre lot you are saying the township will prohibit kids from target practice? 7.Why are Canadian armed forces member given peace officer status and the authorities that go along with this specific bylaw. What is the purpose of that.? There had to be a situation where the Township believes this may apply and I would like an understanding of what that is. 8.What is the definition of a reasonable time? 9.what is the anticipated nature of 6 b) iv? Can you give me an example of what these would be. 10.What is the definition of buildings and dwellings. Does it include personal dwellings (homes)? This bylaw has very generalized powers with not much in the way of checks in balances. Almost everything listed sounds like a criminal investigation and very much the authorities of a search warrant. One that in the policing world would require reasonable grounds to believe an offence has been committed and an application before a justice. I do not own firearms or crossbows. I understand weapons should not be discharged in populated areas. None of that changes the fact that the authorities drafted in this appear to be overreaching and feel very much like a regulatory power that is going to be used for policing matters. Nothing that I have read or watched so far has clearly explained the need of these increased authorities and how they will enhance bylaw enforcement. What it will do is give access to property and observations that would not otherwise occur by police. There is a reason why there is a charter of rights.

    Gg asked almost 3 years ago

    Hi there "Gg,"

    Firstly, thank you for taking the time to review the information and reach out for clarification and provide your feedback; this is exactly the reason we have begun to use this platform and why we are seeking public input prior to implementing a new by-law. 

    I have reached out to our Municipal Law Enforcement Officer and our Clerk for responses to your questions, as they are well-versed in Municipal Law Enforcement. See the responses below:

    1. How did a single line in a nuisance bylaw evolve into one with powers of entry? What is the justification of this?

    Former Townships of Cornwall and Osnabruck had firearms by-laws. These former by-laws were repealed and incorporated into a Nuisance By-law in 2016. The Township has received complaints about use of some firearms in urban settlement areas, and requests from residents to use longbows in backyards.  These were cause for concern in relation to the safety elements and proximity to others, children and pets in the urban settlement areas of the Township. The draft proposed by-law is intended to prohibit use of these firearms in these areas only (see interactive map on this page), it does not prohibit the use of legal firearms in the rural areas.

    2. Can you detail these power of entry and exactly the very openly worded “things relevant to inspection” that the township would expect to find in a typical neighbour complaint regarding a discharged bow or firearm?  


    Powers of entry come from Municipal Act, 2001, the specific wording “things relevant to inspection” comes directly from the Act:

         Power of entry re inspection

    436 (1) A municipality has the power to pass by-laws providing that the municipality may enter on land at any reasonable time for the purpose of carrying out an inspection to determine whether or not the following are being complied with:

    1. A by-law of the municipality passed under this Act.
    2. A direction or order of the municipality made under this Act or made under a by-law of the municipality passed under this Act.
    3. A condition of a licence issued under a by-law of the municipality passed under this Act.
    4. An order made under section 431. 2006, c. 32, Sched. A, s. 184.

     

    Inspection powers

     

    (2) By-laws passed under subsection (1) may provide that for the purposes of an inspection the municipality may,

    (a) require the production for inspection of documents or things relevant to the inspection;

    (b) inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts;

    (c) require information from any person concerning a matter related to the inspection; and

    (d) 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. 2006, c. 32, Sched. A, s. 184

    3. What mechanisms are in place to ensure that these proposed regulatory powers are not being utilized solely to further criminal investigations.  


    Municipal by-law enforcement does not conduct or assist in criminal investigation in terms of sharing information unless ordered by the courts. 


    4.What are the steps that trigger an inspection on a property. Who approves this? Is a simple neighbour complaint enough? 


    Correct. Inspections are almost 100% of the time conducted because of a complaint. Section 436 of the Municipal Act, 2001 gives Municipal Law Enforcement Officers the authority to enter land for the purpose of conducting an inspection at any reasonable time to determine if an infraction is taking place. It is the responsibility of the Municipal Law Enforcement Officer to determine if the concerns are legitimate and follow up accordingly.  


     5."Take tests and samples”…what exactly is this in a municipal bylaw world. What samples would one expect to take? Can you give an example of a scenario that this would apply to. 


    Should the Municipal Law Enforcement Officer be required to conduct an inspection, a sample could include photographs of a subject firearm or bow and potentially photographs of relative documentation. Your question does suggest we may wish to rephrase this section to ensure it is clear and not overreaching. Thank you for your input.   


    6.How are BB guns (spring guns) included in this. If someone has a four acre lot you are saying the township will prohibit kids from target practice?  


    The draft By-Law is set to restrict the discharge of firearms and bows on property less than 5 acres. The draft by-law restricts the use of spring guns withing the Urban Settlement area unless the property is 5 acres. Like all Municipal by-laws, the Discharge of Firearms and Bows will be enforced under the discretion of the Municipal Law Enforcement Officer.


    7.Why are Canadian armed forces member given peace officer status and the authorities that go along with this specific bylaw. What is the purpose of that.? There had to be a situation where the Township believes this may apply and I would like an understanding of what that is. 


    The Canadian Armed forces may appoint Officials to be peace Officers for several reasons. I can not speak to their intentions. I assure you currently, the Township has no intention of requesting the assistance of the Armed Forces for the purposes of By-Law Enforcement. I am not aware of any situation that Armed Forces intervention were necessary. To your point, we will investigate and potentially include in our recommendations for revising in advance of adoption.   


    8.What is the definition of a reasonable time? 


    Reasonable time for the purposes of By-Law inspections would be normal working hours or when there is an infraction taking place. For instance – If a complaint is received in the middle of the night that a neighbour is firing his crossbow during the day in a restricted area, that concern will be followed up on during the next business day or as soon as possible. It is the responsibility of the Municipal Law Enforcement Officer in court settings to articulate why an inspection took place at the time the inspection occurred. This could lead to a varity of explanations but something to consider would be to gather evidence of an infraction that is time sensitive such as noise violations or actively discharging firearms in restricted areas.  


    9. What is the anticipated nature of 6 b) iv? Can you give me an example of what these would be?


    Municipal Law Enforcement Officers use specialized services for the purposes of gathering evidence when there is obligation to prove items that are outside of their scope or area of expertise. An example might be when investigating a dead tree. The Officer may seek the services of certified arborists to assess a tree to determine what action needs to be taken and if the tree is alive/dead and dangerous. The same could be said about firearms. A expert could be consulted to verify its calibration for the purposes of gathering evidence.   


    10. What is the definition of buildings and dwellings. Does it include personal dwellings (homes)? This bylaw has very generalized powers with not much in the way of checks in balances. Almost everything listed sounds like a criminal investigation and very much the authorities of a search warrant. One that in the policing world would require reasonable grounds to believe an offence has been committed and an application before a justice. I do not own firearms or crossbows. I understand weapons should not be discharged in populated areas. None of that changes the fact that the authorities drafted in this appear to be overreaching and feel very much like a regulatory power that is going to be used for policing matters. Nothing that I have read or watched so far has clearly explained the need of these increased authorities and how they will enhance bylaw enforcement. What it will do is give access to property and observations that would not otherwise occur by police. There is a reason why there is a charter of rights.


    Thank you for identifying this concern. The definition of property will be further investigated. We are aware that the draft definition includes dwellings and buildings and therefor interior spaces. We are aware this type of interior search would require a warrant. We appreciate you bringing this concern to our attention. It is a valid concern and we will present an alternate option in the final draft. 


    I hope these responses help to clarify your concerns, and again, thank you for your feedback. 


    Chris Hemond - Economic Development and Communications Coordinator