In a lengthy and heated special council meeting Wednesday night, Guelph councillors voted to create a bylaw that will regulate how public spaces are used.

Describing the decision on CBC Kitchener-Waterloo’s The Morning Edition Mayor Guthrie said, “It was a pretty strong vote, a 10-3 vote, in favour of the Public spaces bylaw.”

“Guelph has never had one ever. A lot of cities actually already have some sort of regulations around what is and is not permissible on public spaces,” he explained.

The new bylaw will manage encampments in public areas and by waterways within the city.

Tents will be allowed in specific areas, but they will be prohibited along the rivers, near schools and day cares, and from busy public spaces like St. George’s Square in downtown Guelph.

Additional funding and education 

Acknowledging the pressing needs of those struggling with homelessness, Guthrie announced the immediate allocation of up to $450,000 to provide basic needs and services for people in encampments.

“There’s no lack of us wanting to try to help,” Guthrie emphasized.

This funding will cover essential services such as laundry, bathrooms, waste collection and other services crucial to those living in encampments.

The bylaw will officially come into effect on Oct. 1, allowing a period for public education and engagement.

“A lot of people on one side of the argument were like ‘we want this to have happened yesterday,'” Guthrie said.

“We also are trying to take a thoughtful approach to make sure that people that might be impacted on the new regulations that will come into play are given some kind of a heads up, some education, and some continued engagement with them before it actually gets put into place.”

The delay is designed to ensure a smooth transition, allowing the community to understand the new regulations fully. Detailed maps and easy-to-understand information will be provided before the bylaw comes into effect.

Tents like this one set up in Market Square in Guelph will no longer be permitted when a new public space bylaw comes into effect on Oct. 1. (Craig Norris/CBC)

Long meeting with many viewpoints

The council meeting lasted seven and half hours and heard from 45 delegates.

Among those who spoke against the bylaw was Amelia Meister who predicted that because there are not enough city officers to enforce the bylaw, this will result in calls being redirected to police.

She also warned that the bylaw will be challenged in court because, among other reasons, there has been a lack of public and stakeholder consultations.

This was directly refuted by other delegates including Michael Kennedy who argued the consultations are ongoing and never ending.

Kennedy spoke in favour of the bylaw citing safety concerns such as public drug use and an increasing sense of vulnerability. He described how his four year old daughter was attacked by a homeless person and said “frankly our downtown is embarrassing.”

Learning from other cities and the affected community 

In creating the bylaw, Guelph took lessons from other municipalities, particularly from Kingston’s experience. Late last year, Kingston’s broad restrictions were deemed unconstitutional by the Ontario Superior Court, prompting Guelph to adopt a more permissive approach.

Guelph’s new bylaw allows for various areas where people can set up tents and be left unbothered.

“Guelph is taking a huge lesson from its own DNA, which is compassion,” said Guthrie.

Guthrie stressed that the city has been engaging with individuals who have lived experiences of homelessness for over a year.

“The County of Wellington had a housing and health symposium that included lived experience feedback and engagement,” he said, adding this comprehensive engagement ensured that voices from those directly impacted were considered in crafting the bylaw.

Addressing Broader Concerns

With the closure of the consumption and treatment site (CTS) in Guelph, Guthrie discussed the introduction of Homelessness and Addiction Recovery Treatment (HART) Hubs.

HART Hubs are the province’s response to the closure of CTS facilities, and while they will not provide supervised consumption services or needle exchange programs, they will offer a recovery-focused model.

Guthrie committed to ensuring that these new facilities are operational before the closure of existing sites.

Despite challenges, Guthrie said: “We need to do something different. Let’s hope the HART model provides that recovery focus.”

The Public Space Use bylaw is set to be approved and finalized at the Sept. 10 Guelph city council meeting and is expected to come into effect on Oct. 1.