Correction: This article initially stated the designated holidays that fireworks are allowed was expanded to include New Year's Eve and the Lunar New Year. However, that motion was withdrawn and not voted upon. The existing bylaw allows for individual event requests to be made to the fire chief.
Changes are on the way for the city’s fireworks bylaw, but not to the extent proposed by city staff.
Creation of a permitting system for private fireworks displays was defeated in a 7-6 vote, though several tweaks to the existing bylaw were approved. Many of the specifics won’t be known for several months, when city staff return with a “final” bylaw for council’s consideration.
The council-approved amendments including potentially higher fines for bylaw violators, set minimum distances from schools, nursing homes, care facilities and other “vulnerable occupancies," and the removal of permission to set off fireworks a day before Canada Day and Victoria Day.
“In trying to address the status quo, does it mean that we have to swing the pendulum so far to be over regulation and making it so onerous on what I believe is actually not a very big issue in our city,” said Mayor Cam Guthrie, who voted down the staff-proposed permitting system alongside councillors Dan Gibson, Christine Billings, Carly Klassen, Dominique O’Rourke, Michele Richardson and Ken Yee Chew.
Earlier in the month, when council met as the committee of the whole, it endorsed the proposed new bylaw, which would have seen a permit required in order to set off personal fireworks. In order to get a permit, there would be required minimum distances from residences and vulnerable occupancies such as nursing homes and care facilities, a licensed display supervisor would have been needed to set them off, an animal safety plan would be needed and liability insurance must be in place.
The proposed permit fee was $208, including a safety inspection.
However, council heard Tuesday the other proposed requirements would have jacked up the cost to the point of making it prohibitive.
“For an individual to obtain that licence, it takes a lot of time and money,” said Priyam Vyas, who pegged the cost at about $10,000 for a single celebration.
“This is going to hurt the community a lot,” added Paresh Soni, executive director of Hindu Legacy in London, Ontario, noting Diwali is an 800-year-old tradition. “This is actually a very important thing.”
“It’s been proven that having effective education is a much better solution (than a ban),” stated Sarah Rosenberg of fireworks company EG Canada Inc. “I truly don’t believe we should ban things due to a small percentage of people who abuse their usage. Today it’s fireworks, what’s next – candles? alcohol?”
Though council heard from several people who urged it not to approve the proposed bylaw, it heard from others in support of the proposal.
The noise from fireworks can cause “intense fear and stress” in both pets and wildlife, explained Lisa Veit, executive director of the Guelph Humane Society, who spoke in support of the staff proposal.
“There’s considerable evidence that fireworks cause many animals to become so frightened that they run from otherwise familiar environments and people, and, sadly, become lost or (find themselves) in life-threatening situations such as the risk of being hit by a car.”
Delegates on both sides of the issue called for enhanced public education regarding the safe use of fireworks, including the appropriate days, times and locations.
“I’m very concerned that we haven’t made things better,” said Coun. Rodrigo Goller, who suggested council has taken a “piecemeal approach” to revising the bylaw.
No additional public consultation or other input will be taken or considered, explained deputy CAO Colleen Clack-bush. The revised bylaw, as prepared by city staff following council’s direction, will be included on a future council agenda for potential approval, but delegates and further public input won’t be allowed.
Until that agenda’s public release – bylaws are included on updated agendas released the Friday prior to a council meeting – Guelph residents won’t know what separation distances, changes to the hours of use or the level of fine for violators are proposed.
City staff launched a review of the fireworks bylaw earlier this year following direction from city council. As a result two community engagement meetings were held – one virtually and another in-person – as well as an online survey that saw 1,327 participants.
“The engagement results show 65 per cent of respondents noted that they were unsupportive or very unsupportive of unregulated public and private fireworks. Similarly, 55 per cent of respondents indicated they were supportive to very supportive of a firework ban,” explains a staff report to council. “The permit-only option received noticeably more support 34 per cent were supportive to very supportive) compared to the current practice of unregulated private fireworks displays (25 per cent were supportive to very supportive).”
A feedback booth was also set up during the Guelph Multicultural Festival, and staff spoke with representatives of Guelph Sikh Society, Guelph Humane Society, Guelph Chinese Canadian Cultural Group, Guelph Youth Council and local police.