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Nova Scotia
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Department of
PO Box 216
Municipal Affairs
Halifax, Nova Scotia
B3J 2M4
902 424-4141
Our file no:
October 23, 1986
Mr. A. A.
Pearson
Town Clerk
Town of Stel larton
P.O. Box 2200
Stellarton, Nova Scotia
BOK lSO
Dear Mr. Pearson:
RE:
TOWN OF STELLARTON FIREARMS AND PYROTECHNICS BY-LAW
The firearms and pyrotechnics by-law of the Town of
Ste I Iarton passed by Town Counc i I March 24,
1986, was approved
by the Minister of Municipal Affairs, October 14,
1986.
I have
enc losed two cop ies of the by-I aw bear ing the approva I of the
Minister.
With respect to Sect ion 6 of the by-I aw, the approva I
is for such val idity as it may have.
The reason for the diff icu Ity with Sect ion 6 is that
it may very we I I conf I ict with the terms of the Fireworks Act,
R.S.N.S.
1967, c. 108.
Under that Act, there is a prohibition
on
sale of
fireworks,
except
as
provided
in
the statute.
Simil ar Iy, there are lim itat ions on sett ing off fireworks, but
there are permissions
in
some
cases.
Specifically,
Section
5 of the Fireworks Act prov ides that where there is a conf I ict
between any provision of that Act and the provision of some
other act or by-law, the provisions of the Fireworks Act prevai I.
As far as the by-law is concerned, that simply states basic
constitutional
law of principles.
Accordingly,
in any attempt
to enforce Section 6 of the by-law,
the provisions of the
Fireworks Act, it permissions, the Iimited penalties, must also
be considered and the advice of the municipal
sol icitor
in
connection therewith obtained.
JRC/lmm
Enclosures
Resolved by the Town Council of the Town of Stellarton that the following
By-law is hereby enacted and that the Clerk forward two duly certified
?pies to the Minister of Municipal Affairs with a request for his
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approval hereof:
. 'FIREARMS
. AND . PYROTECHNICS
BY-LAW
1.
This By-Law may be ~ited as "The Town of Stellarton Firearms, and
Protechnics By-Law".
2.
In this By-Law unless the context otherwise requires:
I'
a.
"Town" -means the Town of Stellarton;
o..
"Council" means the TONn Council of the Town of Stellarton;
c.
"Connnission" means the Stellarton Board of Police Commissioners;
d.
I,IChi'ef of Police" means the Chief of Police for the Town of
Stellarton;
e.
"Firearm" means any Darre~led weapon, sling-shot, catapult or
weapon fTom which any shot" .bullet or other missile can be
discharged;
f.
"Air-rifle" means-air-rifle, air-gun, air-pistol and any other
instument or devise for proj ecting missiles by air pressure.
g.
"Fi're ...crackers'J means and includes fire-crackers, squib,
pyrotechnic devices, and similar inflammable compounds and
materials;
3.
No person shall fire or dis~~arge any firearm or air-rifle within
the boundaries of the Town of Stellarton.
Notwithstanding the definition "Firearm" land "Air-rifle" in section
(2)_ the tollowing weapons shall not be deemed to be firearms,
namely,
8.
The device designed, and intended by the person in possession
thereof, for us'~ exclusively for
(:il Signalling, notifying of distr~es or firing stud cartridge:
explosive-driven rivets or similar industrial ammunition.
(;i:il fiTing blank cartridges; and
b.
Any shooting devise designed, and intended by the person in
possess'ion thereof, for use exclusively for
ttl Slaughtering of dcrrnestic animals,
(iiI tranquilizing an~als, or
(iiil discharging projectiles with lines attached thereto;
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-...- 5.
Notwithstarlding anything in this By-Law contained, the Chief of
Police may designate in writing, subject to the restrictions
set out in the Criminal Code of Canada, the place and conditions
where firearms and air-rifles nay be used for target shooting
in the Town of Stel1arton and any person aggrieved by the
decision can appeal to the Stel1arton Police Commission and its
decision shall be final.
6. _
-a.
No person shall sell by retail or keep or offer for sale
by retail in the Town any fire-crackers;
b.
No person shall set fire.to,discharge or cause to exp.lode
or discnarge any fire-crackers in the Town;
7.
The By-Law, Protection from Fire, Section 2 (a) (b) (c) of the
Town of Stellarton is hereby repealed.
8.
Every person who violates' or fails to comply' with the provisions
of this by...1aw shall be liable on conviction to a penalty as
provided by tne By-law of penalties for breach of Town of
Stellarton By-laws.
THIS IS TO CERTIFY that the
Resolution of· which the foregoing is
a true copy was duly passed at a duly
called meeting of the Town Council of
the Town of St~larto~ duly held on
the:2- C/ day otl/ vpf1i.-t3/'- A.D., 1986.
GIVEN under the hand of the Town Clerk
and under the co~orate S~ Et ~e
said Town this I
day of ./e/Jkf- '/(//
A.D., 19 -
/) /' .K~f'
.
: DEPARTMENT OF MUN:CIP(\L~t.:FFAIRS
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~4..4/11 i;f?J/lU-; _/
R
EARSON
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