Public Consultation - Firearms Discharge By-law (Settlement Areas)

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*This matter was reported to Council April 2, 2024. At that time, Council passed a resolution directing staff to repeal all previous firearms discharge related by-laws. As such, Seguin Township will not regulate the discharging of firearms. Residents may call the O.P.P. and/or other Provincial agencies to address such concerns.*


Firearms Discharge By-law

By-law Services reviewed the current regulations for the discharge of firearms in Seguin Township. The assessment discovered by-laws spanning from the early to mid-1900’s enacted through former municipalities prior to the amalgamations forming Seguin Township. Not all former municipalities have such regulation, and those that do are inconsistent with one another. The earliest of these by-laws is from 1909.

The draft Firearms Discharge By-law is not a replacement for provincial or federal law, but a document that will minimize wellbeing and safety concerns predominantly in "settlement areas" (referenced in the attached "Official Plan Map"), which are a very small percentage of the Township. Such provisions build off current regulations found in the Township.

The draft By-law is a balanced and thoughtful instrument that respects the rights of firearm owners, while prioritizing the safety, wellbeing, and security of our broader community, all the while reflecting a commitment to a framework tailored to the unique dynamics of our municipality.

We have established a two-week commenting period. Your input is valuable to us.

Public commenting will close March 19, 2024. 

Please complete the survey belowto provide comments and feedback.

To facilitate public input and ensure transparency, we have provided the table below to highlight key provisions in the draft by-law. You may also review it under the "Documents" section on this page.


DRAFT BY-LAW OVERVIEW

General Regulations:
  • No person shall discharge or permit the discharge of a gun, firearm, air-gun, spring-gun, bow, or any other weapon on any land without the owner's express consent.
  • The By-law restricts discharging from, across, or within 200 meters of the boundary of any Educational Property.
  • Mandates the possession of necessary licenses for firearm discharge.
    • This assists by-law officers to identify legal vs. non-legal firearm users to coordinate with relevant agencies, like MNRF or OPP.
  • Bona fide Gun Clubs and Shooting Ranges have specific discharge hours, and contraventions require owners to take precautions to prevent recurrence.
Prohibited Area Provisions:
  • The By-law prohibits firearm discharge within designated “Prohibited Areas.”
    • These “Prohibited Areas” includes all Lands within the specified boundary of a “Settlement Area” shown in the Township of Seguin Official Plan including Foley Centre, Orrville, Humphrey, and Rosseau.
      • If a property isn’t within the settlement areas, these provisions do not apply.
Exemptions:
  • Exemptions allow for the possession and discharge of firearms by:
    • By-law enforcement officers / Animal control officers,
    • Police officers,
    • Fish and Wildlife Conservation Act officers,
    • Any authorized person on Lands owned or occupied by a bona fide Gun Club or Shooting Range, in accordance with Section 3.5 of this By-law,
    • Where the Property is located within the Prohibited Area provided that the parcel of Land is a minimum of ten (10) acres in size, and the discharge is for the Protection of Property from nuisance wildlife that may be killed or harassed in accordance with Provincial and Federal legislation and provided that no bullet or shot pass over the boundary of the said Lands, and
    • The owner or occupier of Land or a licensed hunter with prior written permission of the landowner or occupier, and the discharge is upon Lands within the Prohibited Area provided that the parcel of Land is no less than ten (10) acres in size, and the discharge is of a Bow for the purpose of hunting or target shooting and provided that no bolt or arrow shall pass over the boundary of the said Land.
Settlement Areas:
  • The concept of settlement areas aligns with the current By-laws, which proactively mitigate risks/nuisance in higher population density locations, such as the village of Rosseau and Orrville.
    • The use of settlement areas as prohibited firearm discharge areas aligns with similar municipalities to Seguin Township, and thus, support community safety and well-being, while acknowledging hunting/shooting as a common practice, so long as it is outside of these areas.
  • The settlement areas account for a minimal portion of the Township, making firearm discharge permissible in the mass majority of the municipality.
Gun Club or Shooting Range
  • No Person shall discharge or cause to be discharged or allow to be discharged, a gun or other Firearm, air-gun, spring-gun, Bow or any other weapon on Land used as a bona fide Gun Club or Shooting Range outside the following hours:
    • Monday to Sunday between the hours of 8:00 am and thirty (30) minutes before sunset.
Orders:
  • The By-law empowers officers to address contraventions effectively. If an officer determines a violation, they may issue an order to discontinue the activity, directing the person/landowner to cease the contravening behavior.
    • Non-compliance with the order may result in legal action for failing to comply in addition to the offence itself.
Penalties:
  • Those that contravene the By-law may be subject to fines up to $5000.00.
  • Convicted individuals may be subject to additional court orders, prohibiting the continuation of the offence and/or requiring correction.


Purpose of a Firearms Discharge By-Law

A Firearms Discharge By-law serves as a crucial component in safeguarding public safety and maintaining the overall well-being of the community. This By-law is designed to establish clear and specific regulations governing the discharge of firearms. By delineating areas where individuals are prohibited to discharge firearms, the By-law aims to prevent potentially hazardous situations and minimize risks associated with firearms use.

The establishment of prohibited areas (some currently in effect through existing by-laws) aligning with settlement areas, as defined in the Official Plan, represented by higher population density zones, recognizes the need for heightened restrictions in locations where the risk of harm is greater.

The intent of this By-law is to proactively address safety and well-being concerns, with the understanding that it does not serve as a substitute to provincial and federal law.

Provincial Regulations

Beyond the scope of this By-law are several higher laws regulating hunting, the use of firearms, and trespassing such as the Fish and Wildlife Conservation Act, 1997 (FWCA), the Criminal Code of Canada, the Firearms Act, and the Trespass to Property Act. These Acts address issues arising from offences including but not limited to:

  • Illegal Hunting
  • Discharging a Firearm Recklessly
  • Discharging a Firearms from/across a highway
  • Careless Use or Storage of a Firearm
  • Pointing a Firearm at Someone “Without Lawful Excuse”
  • Trespassing
  • Possession of Weapon for Dangerous Purposes
  • Carrying a Weapon While Attending a Public Meeting
  • Carrying a Concealed Weapon
  • Unauthorized Possession of Firearm
  • Possession at Unauthorized Place

*This matter was reported to Council April 2, 2024. At that time, Council passed a resolution directing staff to repeal all previous firearms discharge related by-laws. As such, Seguin Township will not regulate the discharging of firearms. Residents may call the O.P.P. and/or other Provincial agencies to address such concerns.*


Firearms Discharge By-law

By-law Services reviewed the current regulations for the discharge of firearms in Seguin Township. The assessment discovered by-laws spanning from the early to mid-1900’s enacted through former municipalities prior to the amalgamations forming Seguin Township. Not all former municipalities have such regulation, and those that do are inconsistent with one another. The earliest of these by-laws is from 1909.

The draft Firearms Discharge By-law is not a replacement for provincial or federal law, but a document that will minimize wellbeing and safety concerns predominantly in "settlement areas" (referenced in the attached "Official Plan Map"), which are a very small percentage of the Township. Such provisions build off current regulations found in the Township.

The draft By-law is a balanced and thoughtful instrument that respects the rights of firearm owners, while prioritizing the safety, wellbeing, and security of our broader community, all the while reflecting a commitment to a framework tailored to the unique dynamics of our municipality.

We have established a two-week commenting period. Your input is valuable to us.

Public commenting will close March 19, 2024. 

Please complete the survey belowto provide comments and feedback.

To facilitate public input and ensure transparency, we have provided the table below to highlight key provisions in the draft by-law. You may also review it under the "Documents" section on this page.


DRAFT BY-LAW OVERVIEW

General Regulations:
  • No person shall discharge or permit the discharge of a gun, firearm, air-gun, spring-gun, bow, or any other weapon on any land without the owner's express consent.
  • The By-law restricts discharging from, across, or within 200 meters of the boundary of any Educational Property.
  • Mandates the possession of necessary licenses for firearm discharge.
    • This assists by-law officers to identify legal vs. non-legal firearm users to coordinate with relevant agencies, like MNRF or OPP.
  • Bona fide Gun Clubs and Shooting Ranges have specific discharge hours, and contraventions require owners to take precautions to prevent recurrence.
Prohibited Area Provisions:
  • The By-law prohibits firearm discharge within designated “Prohibited Areas.”
    • These “Prohibited Areas” includes all Lands within the specified boundary of a “Settlement Area” shown in the Township of Seguin Official Plan including Foley Centre, Orrville, Humphrey, and Rosseau.
      • If a property isn’t within the settlement areas, these provisions do not apply.
Exemptions:
  • Exemptions allow for the possession and discharge of firearms by:
    • By-law enforcement officers / Animal control officers,
    • Police officers,
    • Fish and Wildlife Conservation Act officers,
    • Any authorized person on Lands owned or occupied by a bona fide Gun Club or Shooting Range, in accordance with Section 3.5 of this By-law,
    • Where the Property is located within the Prohibited Area provided that the parcel of Land is a minimum of ten (10) acres in size, and the discharge is for the Protection of Property from nuisance wildlife that may be killed or harassed in accordance with Provincial and Federal legislation and provided that no bullet or shot pass over the boundary of the said Lands, and
    • The owner or occupier of Land or a licensed hunter with prior written permission of the landowner or occupier, and the discharge is upon Lands within the Prohibited Area provided that the parcel of Land is no less than ten (10) acres in size, and the discharge is of a Bow for the purpose of hunting or target shooting and provided that no bolt or arrow shall pass over the boundary of the said Land.
Settlement Areas:
  • The concept of settlement areas aligns with the current By-laws, which proactively mitigate risks/nuisance in higher population density locations, such as the village of Rosseau and Orrville.
    • The use of settlement areas as prohibited firearm discharge areas aligns with similar municipalities to Seguin Township, and thus, support community safety and well-being, while acknowledging hunting/shooting as a common practice, so long as it is outside of these areas.
  • The settlement areas account for a minimal portion of the Township, making firearm discharge permissible in the mass majority of the municipality.
Gun Club or Shooting Range
  • No Person shall discharge or cause to be discharged or allow to be discharged, a gun or other Firearm, air-gun, spring-gun, Bow or any other weapon on Land used as a bona fide Gun Club or Shooting Range outside the following hours:
    • Monday to Sunday between the hours of 8:00 am and thirty (30) minutes before sunset.
Orders:
  • The By-law empowers officers to address contraventions effectively. If an officer determines a violation, they may issue an order to discontinue the activity, directing the person/landowner to cease the contravening behavior.
    • Non-compliance with the order may result in legal action for failing to comply in addition to the offence itself.
Penalties:
  • Those that contravene the By-law may be subject to fines up to $5000.00.
  • Convicted individuals may be subject to additional court orders, prohibiting the continuation of the offence and/or requiring correction.


Purpose of a Firearms Discharge By-Law

A Firearms Discharge By-law serves as a crucial component in safeguarding public safety and maintaining the overall well-being of the community. This By-law is designed to establish clear and specific regulations governing the discharge of firearms. By delineating areas where individuals are prohibited to discharge firearms, the By-law aims to prevent potentially hazardous situations and minimize risks associated with firearms use.

The establishment of prohibited areas (some currently in effect through existing by-laws) aligning with settlement areas, as defined in the Official Plan, represented by higher population density zones, recognizes the need for heightened restrictions in locations where the risk of harm is greater.

The intent of this By-law is to proactively address safety and well-being concerns, with the understanding that it does not serve as a substitute to provincial and federal law.

Provincial Regulations

Beyond the scope of this By-law are several higher laws regulating hunting, the use of firearms, and trespassing such as the Fish and Wildlife Conservation Act, 1997 (FWCA), the Criminal Code of Canada, the Firearms Act, and the Trespass to Property Act. These Acts address issues arising from offences including but not limited to:

  • Illegal Hunting
  • Discharging a Firearm Recklessly
  • Discharging a Firearms from/across a highway
  • Careless Use or Storage of a Firearm
  • Pointing a Firearm at Someone “Without Lawful Excuse”
  • Trespassing
  • Possession of Weapon for Dangerous Purposes
  • Carrying a Weapon While Attending a Public Meeting
  • Carrying a Concealed Weapon
  • Unauthorized Possession of Firearm
  • Possession at Unauthorized Place
  • CLOSED: This survey has concluded.
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Page last updated: 26 Jun 2024, 09:14 AM