Update: This bylaw passed at city council on Wednesday, July 3 without discussion.
Edmonton is looking to limit the sale of Oleoresin Capsicum (OC) spray — also known as bear spray — to people age 18 and older.
In a report heading to council next week, city administration is seeking a number of changes that would also require sellers of OC spray in Edmonton to record the name, ID number and date of birth of those buying the products.
Edmonton police chief Dale McFee supports the idea of adding accountability to those who carry the product, saying bear spray is one of the “most-used weapons out there.”
For example, Edmonton police say that, on June 10, just before 1 a.m., a 23-year-old man went into a hospital emergency room, sprayed bear spray, and ran off while continuing to spray as he ran through the hospital. He was later arrested and faces seven charges.
“I see no reason why bear spray is being carried and used so often in some of our public spaces,” McFee said Friday.
“Last time I checked there’s not a lot of bears in the city.”
OC spray contains capsaicin, the active component in chili peppers. It can cause intense burning and irritation of the eyes, nose, throat and skin. OC spray is not intended or permitted to be used on humans. It is intended to repel bears.
Compared to dog and coyote spray, OC spray has a higher oleoresin capsicum content, a larger spray range and longer irritancy, all of which the city says increase public safety risks when used inappropriately.
The proposed changes would require those handling the sales of OC spray to be 18 years or older. All OC spray products would have to be secured as a way to discourage theft. Businesses selling OC spray would also have to record details of sales, such as the serial number of a product, brand name, quantity sold, date and time of the sale and the employee’s name or ID number.
The changes are meant to improve safety and limit misuse.
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“I am very supportive of these changes,” said Coun. Ashley Salvador. “The ease of access with which young folks and youth are able to purchase bear spray is just not acceptable.”
Salvador said she’s heard from people in her constituency who want to see greater action on the issue.
“I’ve heard a number of very alarming stories of bear spray being purchased at a local convenience store and then being brought to schools and used in schools and other public places, libraries. So very concerning and very alarming and I think the city needs to be looking at all of the tools that we have in our toolbelt to do better.”
In 2015, the EPS said there were 1,711 OC spray-related occurrences in Edmonton. In 2023, there were 3,320 instances in the city. Police say 40 per cent of the occurrences were violent.
Information from police shows that the majority of incidents involving OC spray are happening near bus stops and LRT stations. About 46 per cent of incidents are happening within 400 metres of a school, according to police.
“Enough is enough,” McFee said. “If there is a good reason (to buy it), there’s no reason why you shouldn’t have your name recorded.”
McFee would also like police to have the power to seize bear spray, which would require it to be classified as a prohibited weapon.
When asked if that’s something the city is considering, Salvador said parallel work is currently underway on the public spaces bylaw around the carrying of bear spray.
“That’s where that angle would come in, but that’s not come to council quite yet. So that will be a future conversation.”
City administration said three cities in British Columbia — Vancouver, Surrey and Chilliwack — have bylaws that regulate the sale of OC spray products. The government of Manitoba implemented legislation in 2023 that regulates the sale of OC spray products at the provincial level. Saskatchewan recently introduced legislation regulating possession and use of OC spray in public urban spaces with fines of up to $100,000, but does not currently regulate the sale of the products.
The proposed changes in Edmonton would not include the sale of mace and pepper spray, which are designed for use on humans, as they are already prohibited and regulated through the federal Criminal Code.
City councillors will discuss the proposed changes at a meeting on Wednesday.
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