New Guelph bylaw sets out the rules for city encampments

Guelph council has approved a bylaw allowing the city to regulate where and when a homeless encampment can be set up.

The Public Space Use Bylaw was first discussed back in February but was deferred pending an appeals court ruling on a similar case in Kingston, Ont.

Then, in April, the bylaw proposal was dropped entirely.

On Wednesday, it was back up for discussion.

According to city staff, the special council meeting on Wednesday was needed due to the “urgency” felt in the community.

“The urgency is the growing number of concerns that are coming through our office, and also wanting to make sure that we're addressing the safety concerns that we are hearing, both from people who are using the park for recreational purposes but also from individuals who are having to make the difficult choice to use those public spaces for temporary housing purposes,” said Colleen Clack-Bush, Guelph’s deputy chief administrative officer.

Mayor Cam Guthrie said the bylaw isn’t a ban on encampments.

“In fact, it will make clear where individuals can safely and permanently set up shelter if and when needed,” he explained. “We’re aiming to accommodate the needs of affected individuals in our community while continuing to advocate to other levels of government for more and better resources.”

Proposed bylaw

The proposed bylaw states that the city has a say on where and when encampments would be permitted or restricted.

They would not, for example, be allowed in areas that are programmed or designated for other purposes, or public areas near trails, splash pads, playgrounds and sidewalks.

Encampments could get the go-ahead in some areas referred to as “fully permissible locations.” Temporary shelters would be allowed at those sites 24 hours a day, seven days a week. An example of a fully permissible location would be an open park space that is not used as a sports field. The bylaw would also offer protection to prevent someone else from removing the belongings of a resident living in a temporary shelter.

The proposal also outlined another option for temporary shelters: time restricted locations. These spaces can be booked for other purposes, such as public squares or outdoor areas at city facilities. Temporary shelters would be allowed in those areas as long as it is not already booked and only from one hour before sunset to one hour after sunrise. Staff would have some leeway to allow people to keep their shelters up throughout the day under extraordinary circumstances, such as a cold weather alert.

Guelph staff have been working on a publicly accessible map that would clearly show where restricted, time restricted and fully permissible locations were within the city. They hope to have the map available before Oct. 1, when the bylaw comes into effect.

There are no fines associated with the bylaw, but if necessary, city staff could issue formal notices to someone who has set up in a restricted area and take their shelter down.

Delegations

City council heard from 43 delegates during Wednesday’s special meeting and received 62 pieces of written correspondence.

Several speakers raised concerns with the safety of encampments in general, while others cautioned council about the perception of people living in the encampments and the way they were being treated.

“The solution is not this bylaw,” delegate Janice Folk-Dawson said. “It is imperative that we recognize this crisis as a human rights concern, not a municipal bylaw issue.”

“We know that this bylaw will not solve the highly complex issue of homelessness in our community,” delegate Clack Bush said. “What this bylaw will do is provide more clarity on what city-owned and operated spaces those who many be living and sleeping outdoors can use. We are committed to helping everyone in our community feel safe and secure.”

Delegate Amelia Meister, meanwhile, raised concerns with how the bylaw would be implemented.

“Staff also stated in the February meeting that there is not adequate bylaw staffing to enforce the bylaw, nor budget available to hire bylaw staff to enforce, leaving it then in the hands of police, which is an incredibly unjust approach to any bylaw,” she said.

Amendment

One amendment was made to the proposed bylaw before it was approved by council.

Councillor Carly Klassen tabled the motion to label St. George’s Square and Market Square as sensitive public areas.

The amended bylaw will return to council on Sept. 10 for ratification.

Council also passed two other motions aimed at helping people experiencing homelessness.

The city will be providing up to $450,000 to the County of Wellington to be used by the Wellington-Guelph Health and Housing Community Planning Table to assist with caring for the basic needs of people living without permanent shelter. The money will come from the Tax Rate Operating Contingency Reserve.

The second motion directed staff to work with the planning table to develop a plan to provide portable washrooms, garbage bins and sharps disposal options at Guelph encampments. That will then be presented to council in early 2025.