Behind the Headlines

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The explosions that ripped through the Sunrise Propane depot became the top story around the world.

Despite the attention, it's surprising how much is disputed: why a use incompatible with nearby homes remained for decades, or whether there are effective safeguards in place, among other issues. Perhaps the confusion is unsurprising since evidence points to both provincial and city responsibilities.

A premonition occurred in 1986 when propane exploded at a taxi refuelling garage in Weston.

In response, the city of York tried to limit commercial propane depots. Industry feared more regulation and the province did not want municipal interference. Working together, they succeeded in striking down the new bylaw, arguing that regulating industry was under provincial jurisdiction. After the ruling, other municipal bylaws were quietly withdrawn.

To allay concerns, in 1987, the provincial government announced the establishment of a committee "to examine all aspects related to the siting of facilities for dispensing ... fuels such as propane."

The committee's goals were to draft a model bylaw that municipalities could use and to review provincial safety regulations. What happened afterward is a mystery; there is no further record of this initiative.

Confirmed in its sole ability to regulate, the province delegated its responsibility under the Technical Standards and Safety Act. Although established by one provincial government and twice confirmed by its successor, the public verdict on the TSSA awaits the fire marshal's conclusions.

His report will clarify what happened, which may spur the province to make changes.

While the city is prevented from direct industrial regulation, it can act through its responsibility for fire prevention. The city's fire inspectors have uncontested authority to enter properties, undertake inspections and even stop production. If fire inspectors observe unsafe practices, they can call in the Ministry of Labour that also has the ability to stop operations.

In addition the city has the ability to minimize conflicts among incompatible land uses.

One way is by creating more permissive zoning on certain types of properties. Owners with such zoning quickly realize they can make more by selling to a residential developer than by operating a business. Taken too far, this approach is bad policy. But in this instance, it would have been wise.

A decade ago at amalgamation, the goal was to create one citywide zoning plan to identify and address incompatible uses. More than 10 years have passed and the objective is still unachieved. It is a problem that needs resolution.

Sadly, all these safeguards failed. We are now left to prevent a reoccurrence.

Few would argue that even a modern propane depot holds unacceptable risks for neighbours. Fortunately, both council and neighbours can be part of the solution. Council can rezone the property to encourage residential development. And neighbours, as they put their homes back together, can accept denser housing to encourage the investment necessary to bring new life into the community.