Item - 2022.EC29.7

The Economic and Community Development Committee recommends that:

1. City Council direct the Fire Chief and General Manager, Toronto Fire Services, in consultation with the Executive Director, Municipal Licensing and Standards and the City Solicitor, to request the Province of Ontario to implement the necessary amendments to the Ontario Fire Code to appropriately and effectively regulate consumer fireworks, thereby enhancing public safety and enabling a more effective enforcement framework.

2. City Council direct the Fire Chief and General Manager, Toronto Fire Services, in consultation with the Executive Director, Municipal Licensing and Standards, to further explore the feasibility of an education/training system for the use of consumer fireworks in Toronto and report back on implementation considerations to the appropriate Committee in late 2023.

3. City Council amend City of Toronto Municipal Code Chapter 441, Fees and Charges Chapter 466, Fireworks, and Chapter 608, Parks in accordance with the draft by-law included in Attachment 1 to the report (April 14, 2022) from the Fire Chief and General Manager, Toronto Fire Services and the Executive Director, Municipal Licensing and Standards, to prevent the possession and use of fireworks in City Parks or other public spaces, unless specific municipal authorization is granted;  establish a time limit of no later than 11:00pm for the discharge of consumer fireworks on the designated days of Victoria Day, and Canada Day; and to update legislative references, fee descriptions and municipal code definitions so that the wording of the City's Municipal Code correspond to Federal regulations to improve readability and clarity.

4. City Council direct the Fire Chief and General Manager, Toronto Fire Services and the Executive Director, Municipal Licensing and Standards, to consult with permanent fireworks vendors on the feasibility of restricting permanent vendors from selling consumer fireworks year-round, and report back on potential by-law amendments and implementation considerations in late 2023. 

5. City Council direct the City Solicitor to prepare the necessary bill(s) required to give effect to Council's decision and to make any necessary minor substantive or stylistic refinements as may be identified by the City Solicitor.

6. City Council direct the Fire Chief and General Manager, Toronto Fire Services, and the Executive Director, Municipal Licensing and Standards, to review the feasibility of expanding the allocation of Designated Fireworks Dates contained within Toronto Municipal Code, Chapter 466, Fireworks, such as Lunar New Year and Diwali, as informed by the outcomes of Recommendation 1 and report back in late 2023 in conjunction with the report described in Recommendation 4 above.

This report responds to the various fireworks related City Council directives received from May through July 2021. The report also provides updates on actions taken to mitigate unpermitted/illegal fireworks use, public education initiatives undertaken during the 2021 warm weather season, and plans for the 2022 warm weather season.

In recent years, there has been an increase in unpermitted/illegal consumer fireworks use and emergency incidents related to fireworks in Toronto, especially in parks, public spaces, and waterfront areas. In response, City Council directed staff to review the feasibility of restricting both the retail sale and use of consumer fireworks by the public. Staff in Municipal Licensing and Standards and Toronto Fire Services reviewed the feasibility of a range of possible options to support the safe and compliant use and sale of consumer fireworks, to enhance public safety, and to reduce nuisance impacts on residents. The options reviewed and considered included implementing no additional restrictions, implementing partial restrictions, and implementing the most prohibitive restrictions.

The report provides a recommended approach, which includes working with the Province of Ontario to establish regulations for consumer fireworks under the Ontario Fire Code, as well as describes some of the other options explored. As Council direction was to review consumer fireworks restrictions, staff did not evaluate any options to restrict professional fireworks displays or pyrotechnics currently permitted under Toronto Municipal Code, Chapter 466, Fireworks.

This report responds to outstanding City Council directives around fireworks including requests for staff to:

- review fireworks vendor permit fees;

- explore policies to revoke temporary vendor permits linked to unpermitted/illegal firework use;

- monitor and evaluate complaints data including location and time of day;

- explore the feasibility of introducing new fireworks fines under City of Toronto Municipal Code Chapter 591, Noise;

- explore the feasibility and efficacy of an online fireworks vendor certification and employee training education program.

As part of this work, staff completed a jurisdictional scan, gathered feedback from the public and industry stakeholders, and procured a third-party vendor to conduct demographically representative public opinion research and focus groups to better understand residents' experiences, priorities, and concerns about the public sale and use of consumer fireworks.

This report recommends amendments to City of Toronto Municipal Code Chapter 441 Fees and Charges, Chapter 466, Fireworks, and Chapter 608, Parks to:

- prevent the possession and use of fireworks in City parks or other public spaces, unless specific municipal authorization is granted;

- establish a time limit of no later than 11:00 p.m. for the discharge of consumer fireworks in relation to the designated days of  Victoria Day, and Canada Day;

- to update legislative references, fee descriptions and municipal code definitions so that the wording of the City's Municipal Code corresponds to Federal regulations to improve readability and clarity.

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