Feb 11 Alert

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Alert @3.40 Feb 11

nicholas.chambers@ghd.com

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Public Space Use By-law

On April 29, 2025, City Council approved a Public Space Use By-Law. This new bylaw regulates encroachments and temporary shelters (such as encampments) on City property. The by-law balances the rights of individuals experiencing unsheltered homelessness with the responsibility to maintain safe, accessible, inclusive and equitable use of public spaces for all members of the public.

The by-law does not ban encampments. Instead, it introduces regulations and clear expectations within encampments and where encampments can be setup. The intent is balancing various uses of public space, including safe use by those living in or accessing an encampment and areas nearby.

Some of these conditions include:

  • That temporary structures must be a certain distance from residential spaces, parks, playgrounds, sports fields, splash pads, schools, cemeteries and trails to ensure safe access for other community members;
  • That temporary structures must be a certain distance from railways and waterways to minimize risk for those living unsheltered;
  • Regulations to address health and safety issues such as fires, the use and storage of propane tanks, size and spacing of structures, biohazards, waste and to discourage illegal activity;
  • Preventing misuse of municipal electricity, water, and other infrastructure for safety and service continuity.

We have created a downloadable poster (in PDF format) to help educate the community on some of the restrictions and conditions.

The goal is to ensure health and safety issues are promptly addressed and continuing to work with community partners to encourage those impacted to move into safe, stable and housing-focused sheltering options that can accommodate their needs.

Encampments are often an indication of systemic challenges such as lack of affordable housing, mental health supports, and addiction services, which are beyond the jurisdiction of the City. To ensure we best support individuals living unhoused, we will continue to ensure that community organizations with responsibility for outreach and homelessness services, such as with Niagara Region Homelessness Services and Niagara Assertive Street Outreach team (NASO), remain an important part of this process.

We ask residents to call 211 to connect with NASO. Trained outreach workers actively engage with individuals experiencing homelessness to promote, connect, and coordinate access to a range of supports available across Niagara's Homeless-Serving System, including emergency shelter, housing and support services.

Please note, when calling 211 ask to be directed to NASO and you will be transferred to a voicemail box that is immediately dispatched to the outreach team. Provide complete details, including location, any descriptions of individuals, and any other general information or concerns, as well as any contact information should NASO require any follow-up information.

Learn more about housing, homelessness and encampments.

Frequently Asked Questions

St. Catharines City Council approved the Public Space Use By-law in April 2025 to balancing various uses on City property, including encampments by people who are unhoused.

Public spaces are meant for everyone’s enjoyment. The Public Space Use By-law balances the rights of individuals experiencing unsheltered homelessness with the City's responsibility to maintain safe, accessible, inclusive and equitable use of public spaces for all members of the public.

It regulates temporary structures, such as encampments, and where they can be set up as well as clear expectations for behaviours and items permitted within.

The goal is to help connect individuals living unsheltered with outreach workers and the appropriate support services and programs as encampments are generally not a safe or secure place for individuals to reside. Encampments can create an environment for unsafe activity and health concerns including, but not limited to, increased risk for infectious and transmissible disease; fire hazards; limited access to nutritious food; and a lack of medical care.

The Canadian Human Rights Commission defines encampments as temporary outdoor camps on public property or privately owned land. They form when people who have nowhere safe to go try to meet their basic need for shelter and exercise their human right to housing.

Encampments are an unmistakable sign of the housing crisis. They can be due to a lack of affordable housing, limited support services, or few available shelter spaces.

Encampments are not a safe or long-term solution to homelessness. The City responds to encampments in a way that respects the dignity and safety of people who are unhoused. At the same time, the City ensures public spaces stay safe, accessible, and welcoming for everyone.

The Public Space Use By-law supports this approach. It helps ensure residents living in encampments on City property are safe and can access available services and supports.

The City does not allow camping in City parks under By-law 70-57. However, the City understands encampments can form when people have nowhere safe to go. The Public Space Use By-law helps reduce risks at encampments on City property.

Encampments are not a safe or long-term solution to homelessness. The Public Space Use By-law identifies where on City property encampments can go and sets out rules to keep people safe until they can move into more suitable housing.

The By-law also helps the City connect people living in encampments with programs and supports offered by community partners.

There are currently no fines associated with the Public Space Use By-law. The City’s focus is on safety and helping people access housing and supports. The by-law is designed to keep people living in encampments safe until they can access more suitable housing. It regulates temporary structures, such as encampments, and sets clear expectations for where they can be located, what items are allowed, and acceptable behaviours.

In some cases, enforcement may be needed to protect public safety or City property. When this happens, the City responds in a way that respects the dignity and safety of people who are unhoused, while helping them connect with housing, programs, and supports offered by community partners.

The City’s focus is on safety and on helping people living in encampments access suitable housing and community supports.

Using a human-rights approach, the City responds to reports of encampments in public spaces to help people access the services and supports they need. The Public Space Use By-law helps people living in encampments stay safe until they can move into more suitable housing. The By-law sets rules for temporary structures, including where they can be located and what behaviours are allowed.

The City works with community partners, including Niagara Region Homelessness Services and the Niagara Assertive Outreach Team, to connect individuals with housing, outreach services, and other programs.

The City responds in a way that respects the dignity and rights of people experiencing homelessness while also keeping public spaces safe and accessible for everyone.

No. The Public Space Use By-law only applies to property that the City owns, manages, or leases. Encampments on private property are handled under the City’s Property Standards By-law.

Property owners with questions or concerns, or those who wish to report an encampment on their property, can contact Citizens First:

Property owners can also report an encampment online using the By-law Complaint form at stcatharines.ca/reportanissue.

City By-law officers may visit reported properties to assess potential health and safety issues or other by-law infractions and provide property owners with next steps

Reporting an encampment on private property does not mean it will be removed immediately. By-law officers will also provide property owners with contact information for appropriate community agencies.

Residents with questions or concerns, or those who wish to report an encampment, can contact Citizens First:

Residents can also report an encampment online using the By-law Complaint form at stcatharines.ca/reportanissue. When reporting an encampment, please provide as much detail as possible, including, among others,:

  • The specific location of the encampment

  • Any nearby landmarks

  • The colour of shelter(s)

  • Items on site

  • Number of individuals and any pets

  • Any specific activity or behaviours observed

Reporting an encampment does not mean the City will remove it. Using a human-rights approach, the City responds to reports of encampments in public spaces to ensure the people there are safe and can access the services and supports they need.

The City balances the rights of individuals experiencing homelessness with its responsibility to keep public spaces safe, accessible, and welcoming for everyone. City By-law officers will visit reported sites to assess potential health and safety concerns and encourage outreach. The goal is to help people living in encampments access safer housing or shelter.

Many municipalities have even been legally challenged in courts to not remove encampments on public property without ensuring their human rights to shelter and unique needs are being met.
Court rulings such as the Waterloo Encampment Decision - Ontario Municipal Social Services Association (omssa.com) have made it difficult for the City to remove encampments within parks and public property.

City staff work closely with NASO, the Niagara Region and other community partners to ensure the unique needs of each individual living unsheltered are being evaluated. No situation or individual are the same. Some individuals are more receptive to services than others and, under the Charter of Rights and Freedoms, individuals have the right to refuse services.

Time and patience are required to:

  • Build relationships and trust between individuals living rough and outreach workers
  • Find a proper shelter or housing solution that meets the needs of individuals (i.e. youth, women, families, addiction services) Note: Shelter spaces are typically limited or full.
  • Notify individuals that cleanup efforts will be taking place

Additionally, not all encampments are on City property. Some encampments are on private property such as Ontario Power Generation (OPG), Ministry of Transportation (MTO) or vacant land which requires coordination with landowners. Private landowners must arrange for removal and cleanup of encampments on their property.

If you witness propane tanks at an encampment site, please call 905.684.4311 to have the St. Catharines Fire Services Department attend. If there is a fire where there is immediate danger or threat to safety, please call 911.

The City and its contractors respond safely to reports of waste or biohazards at encampments. This includes cleaning up garbage and biohazardous materials, such as needles or human waste.

These actions help ensure health and safety standards are met for everyone in the community, including people living in encampments.

No. The Public Space Use By-law does not prohibit or criminalize these types of outreach efforts.

However, groups are asked to clean up any waste or debris from food containers or other handouts to help keep public spaces safe and clean for everyone.

This by-law has been shaped by ongoing communication with the Niagara Region Homelessness Services input, legal guidance, and a firm commitment to balancing individual rights with public safety. Those conversations included expanded opportunities provided by the Niagara Region Homelessness Services to support individuals living in encampments.

Here are some of the dedicated services and programs:

A copy of the Public Space Use By-Law is available by clicking here.