Article 60 – The Legality and Impact of Fireworks Use in Trinidad and Tobago

By : Josiah Cyrus & Aaron Chunisingh

Introduction

Fireworks date all the way back to 200BC when the Chinese learnt of the explosive properties of the Bamboo plant. Years of evolution and innovation led us to the present, where gunpowder and other chemicals have been added to create the bright, beautiful and colourful explosions that many patrons look forward to enjoying during annual celebrations such as Republic Day, Independence Day, New Year’s Day and Divali.

By the 18th Century, fireworks became a global symbol of celebration and joy, intrinsically linked to those festive periods during the year and are especially associated with the clock striking 12:00am on New Year’s Day, when thousands of flashes can be seen illuminating the night sky coupled with bursts of explosive sounds that travel far and wide.

Notwithstanding its astonishing beauty, the potential dangers of fireworks have been a topic of debate since time immemorial. These explosives are without doubt major fire hazards that release pollutants into the environment and are a health risk for the sick, elderly, children and domestic animals. Another pertinent concern of those affected is the noise pollution associated with the loud explosions that accompany fireworks. These bangs adversely affect pets such at dogs and cats that have heightened and sensitive hearing, and consequently make their behaviour erratic, often causing them to scamper in search of safety or escape. Unfortunately, in many cases, these explosions lead to pets inflicting grievous or even fatal damage to themselves, through suffocation, impalement or roadway-fatality. One must ask if the smiles and glowing eyes fireworks bring are worth the dangers they pose. Many activist groups have championed for a full ban of fireworks. However, in Trinidad and Tobago, every few months we hear their near or distant bursts. But the pertinent question remains: is the use of fireworks legal in Trinidad and Tobago, and if so, what are the parameters of their use?

The Laws and Regulations

Currently, in Trinidad and Tobago, the use of fireworks is governed by the Summary Offences Act Ch. 11:02 (“the Act”). Fireworks are described in Section 2 of the Act as inclusive of the terms “bombs, torpedoes, squibs, rockets and serpents”.

Section 99 of the Act relates to the use of these fireworks in “towns”. Section 99(1) prohibits the letting off of any fireworks within any town and anyone doing the same is liable to pay a fine of one thousand dollars ($1000.00). Furthermore, Section 99(2) categorizes “towns” as the Cities of Port-of-Spain and San Fernando, the Borough of Arima and the areas within 2 miles of the boundaries of such cities and boroughs. The latter section also leaves discretion of the Minister to declare any area to be a town for the purposes of the sections.

Additionally, Section 100 of the Act relates to the use of fireworks outside of towns. The section makes it an offence to let off fireworks on any street not being in a town or any place within sixty (60) feet of the centre of such street. A fine of four hundred dollars ($400.00) is attached to the offense.

Section 101 of the Act gives the Minister the authority to outline the times, places and conditions under which fireworks can be set off in towns.

Furthermore, fireworks are included under the definition of an explosive in Section 2 of the Explosives Act Ch. 16:02 with Section 35 of the said Act making it an offence for any person other than a wholesale seller who has obtained a license to sell any explosive. A two thousand dollar ($2000.00) fine it attached to the offence.

The Regulation of Fireworks Use

Based on the way the laws address the use of fireworks, it seems that the aim of the associated legislation is not to make the use of fireworks a criminal act, but instead, to provide guidelines for their “safe” use. By making its use illegal in towns, streets outside of towns and the immediate surroundings of both, the legislation has in effect made the use of fireworks illegal in those areas that are the most heavily populated with people and buildings. The legislative restriction on the use of fireworks therefore appears to exist for the simple purpose of safety.

How therefore must a user of fireworks legally do so? Under the provisions of the Summary Offences Act, fireworks can legally be set off in two ways.

The first being in cases where the Minister directs as such. This discretion allows for the use of fireworks in a manner that has become part of our culture. Many Trinidadians and Tobagonians have attended the Annual Queen’s Park Savannah Independence Day Fireworks Show or the Tobago Fireworks Show at Scarborough and the Shaw Park Complex, where thousands of people are treated to a symphony of shining lights and explosions in the night sky which usually lasts for around twenty (20) minutes. Citizens spending hours in traffic for a chance to get a glimpse of gunpowder going up in flames for lesser part of an hour is part of what many consider being true Trinbagonians. On these occasions the Minister uses his aforementioned power to allow the use of fireworks in the major towns.

The second way of legally using fireworks follows a literal application of the words within the abovementioned sections of the Summary Offences Act. Intertwining the both sections together, it would seem that once fireworks are set off either outside of any town; two (2) miles off their boundaries and/or 60 feet from any street not in a town, their use is permitted. It appears that the legislature has attempted to mitigate the impacts of fireworks use on citizens, their homes and their pets by limiting the use of fireworks to less densely populated areas.

This stance is supported by those who are entrusted with the responsibility of enforcing the said legislation. In a recent article titled “Fireworks Can Cause Death”[1] posted on the Trinidad and Tobago Express Newspaper’s Website on 28th December, 2023, Trinidad and Tobago Police Service (TTPS) Ambassador Sargeant Ancil Forde warned those using fireworks to understand the associated safety hazards and risks, and urged citizens to responsibly manage fireworks use to reduce injuries to persons and damage to property. Sargeant Forde also went on to state that consideration should be given to the location where fireworks will be set off, and those using fireworks should ensure they are not used close to any houses or people. Sargeant Forde himself also referred to the said sections of the Summary Offences Act as guidelines and stated that his goal was to educate the public on the laws governing the use of fireworks.

The punishments attached to fireworks legislation also point to the guideline and educational approach. Across both the Summary Offences Act and the Explosives Act, the offences regarding the use and sale of fireworks are punishable by fines. By this, it is clear that the primary aim of these Acts is to deter persons from use in ways that can lead to persons getting hurt or their property being damaged.

Additionally, by limiting the import of fireworks to only licensed wholesale dealers, who are selected by the Minister, the Acts intend for there to be control over the distribution of fireworks. The major distributor of fireworks in Trinidad and Tobago is FireOne Fireworks FX, who themselves annually release cautions to the public to partake in safe fireworks use. As a licensed wholesale dealer, entrusted by the government to be a distributor of fireworks, it is important that they also play their role in providing the public with guidelines for their safe use.

Despite the laws in place, warnings from the TTPS and releases from the licensed distributors of fireworks, there are still multiple incidents every year where serious injury[2] or loss of life[3] is suffered by citizens and their pets, in addition to grave damage to personal property and homes, due to the reckless use of fireworks. After all, fireworks are explosives that can be very volatile and unpredictable. It is for these reasons that activist groups have continued their push against fireworks use and lobby for more stringent laws to be put in place. Their voices seemed to have been heard in January of 2022 when the former Attorney General, Mr. Faris Al-Rawi, proposed a Bill to reform fireworks regulation in Trinidad and Tobago, limiting fireworks use to official public holidays and only to those who apply for and are granted a permit. However, the draft Bill has been before Cabinet for over a year and there has been no progress since. The laws regarding fireworks therefore remain, in the words of the former Attorney General himself, “..archaic and of little guidance.”

Conclusion

The tug-of-war between the admiration and regulation of fireworks is ongoing and there seems to be no end in sight. For now, it remains illegal to set off fireworks in the towns of Port-of-Spain, San Fernando and Arima, their immediate surroundings and within 2 miles of their borders. It is also illegal to set off fireworks on or within 60 feet from the centre of any street not in a town. In addition, their sale is regulated to only be by those licensed to do so. However, despite this, fireworks remain easily accessible and commonly used. The question therefore is what can be done in the interim. The Government, licensed distributors of fireworks and activist groups must all work together, not only to continue warning the public about the dangers of fireworks, but also to find innovative ways to limit the potential for damage caused by fireworks themselves. Additionally, the public must ensure to act within the guidelines as per the laws of Trinidad and Tobago, as well as heed the cautions on safe use.

There are evident and compelling reasons for citizens to consider avoiding the use of fireworks. Firstly, the inherent safety risks associated with fireworks, including the potential for accidents, injuries, and fires, underscore the need for caution. The environmental impact, with the release of pollutants and the disturbance caused to wildlife, further emphasizes the need for responsible use of such explosive devices. Additionally, considering the adverse effects on individuals with sensitivities, such as veterans and pets, it becomes evident that a thoughtful approach to celebrations can contribute to a more inclusive and harmonious community environment. Ultimately, by opting for alternative and safer means of celebration, citizens can collectively contribute to a safer, more environmentally friendly, and considerate community experience for everyone.

It is clear that the laws regulating fireworks use need to be reformed to reflect modern circumstances and understanding. As the clock ticks by and strikes 12:00am on New Year’s Day each year, the risk of catastrophic injury and damage to citizens, their pets, and their property accelerates.

Whist therefore it is evident that the use of fireworks by ordinary citizens is not illegal in Trinidad and Tobago, action must be taken to alleviate their adverse impacts. One can only hope that good sense prevails and that users of fireworks exercise their right to celebrate responsibly and compassionately.

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[1] https://trinidadexpress.com/news/local/fireworks-can-cause-death/article_b78b8596-a51a-11ee-be57-272eadf3abb7.html

[2] Anika Gumbs, ‘Firecracker victims stable’ (Trinidad and Tobago Newsday, 25 October 2006)

<http://www.newsday.co.tt/news/0,46525.html> accessed 02 April 2020.

[3] https://globalvoices.org/2019/09/10/death-of-a-kangaroo-at-trinidad-zoo-reignites-loud-fireworks-debate/

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The Legality and Impact of Fireworks Use in Trinidad and Tobago