Item - 2021.EC21.10

The Economic and Community Development Committee recommends that:

1.  City Council request the Executive Director, Municipal Licensing and Standards and the Fire Chief and General Manager - Emergency Management, Toronto Fire Services, in consultation with the General Manager, Parks, Forestry and Recreation, to include the following in the COVID-19 Unpermitted Fireworks Action Plan:

a.  installation of "No Fireworks" signage in all waterfront parks and any other parks with higher rates of fireworks non-compliance under the Parks By-law, as informed by complaints and enforcement data, prior to Victoria Day;

b.  a review of current fireworks-related set fines and applying to the Province of Ontario to increase fine amounts, as needed;

c.  information on the safe use and handling of consumer fireworks and restrictions around fireworks usage in the City of Toronto as part of the City-developed poster that is provided to consumers by fireworks vendors; and

d.  continued exploration of the feasibility and efficacy of an online vendor certification and employee training education program, in consultation with stakeholders, and report by the end of 2021.

This report responds to an October 2020 City Council directive, requesting Municipal Licensing and Standards (MLS) and Toronto Fire Services (TFS) undertake a review of Toronto Municipal Code, Chapter 466, Fireworks.

Chapter 466, Fireworks regulates the use and sale of fireworks in Toronto. Fireworks on private property may only be used without a permit on Victoria Day and Canada Day. To use fireworks on private property any other day of the year, residents must have a permit from TFS. Discharging or igniting fireworks in a city park by members of the public is also prohibited. The sale of fireworks in Toronto requires a vendor permit issued by MLS.

Staff undertook a review of Chapter 466, Fireworks in early 2021. This work included a review of current regulations and enforcement practices related to the sale and discharge of fireworks, as well as a jurisdictional scan, public survey and stakeholder consultations, and an analysis of fireworks-related emergency incidents and complaints. Staff also considered the context of the COVID-19 pandemic.

Through the review, staff found that there was a notable increase in unpermitted fireworks use and emergency incidents related to fireworks during the 2020 warm-weather season, compared to previous years. Staff believe this is due to factors related to the pandemic, including more residents staying home in the city, cancellation of other events and City and community fireworks displays, and redeployment of enforcement resources to enforce public health measures and provincial emergency orders. Staff anticipate similar conditions during the 2021 warm-weather season.

Through a public survey, staff identified an overall lack of awareness of Toronto's current fireworks rules. Staff also found that Toronto residents have varied opinions about issues related to fireworks. A large number of survey respondents were concerned about fireworks noise, and impacts of fireworks use on pets, wildlife, the environment, and individuals with post-traumatic stress disorder (PTSD). Additionally, some respondents expressed how much they enjoy fireworks, while others support a city-wide ban. Many survey respondents supported enhanced education and enforcement to ensure individuals follow existing regulations.

In response to the immediate need to mitigate the increase in unpermitted fireworks use during the COVID-19 pandemic, MLS and TFS have developed an action plan to support compliant fireworks use and sale, and reduce nuisance impacts of unpermitted fireworks use. The proposed action plan will include a suite of enhanced public education and outreach initiatives, complemented by data-driven priority-based enforcement in areas where the most issues have occurred. Staff will also review current fireworks-related set fines, and apply to the Province of Ontario to increase fine amounts, as needed.

As part of the review of Chapter 466, Fireworks, staff found that Toronto's fireworks rules are comprehensive and currently align with surrounding jurisdictions. Since 2017, city-wide compliance with fireworks use regulations has been fairly strong; incidents and service requests related to fireworks appear localized in a small number of wards bordering Lake Ontario. Based on these findings, staff do not recommend bylaw changes at this time. Staff believe that the most effective way to address increased unpermitted fireworks use expected as the pandemic persists is through enhanced education and enforcement. MLS and TFS will continue to monitor fireworks incidents and complaints during the 2021 warm-weather season and the COVID-19 recovery period.

MLS and TFS will implement the proposed action plan immediately, prior to Victoria Day, the first designated fireworks holiday.

This report was developed in consultation with Economic Development and Culture, Legal Services, Parks, Forestry and Recreation, and Strategic Communications.