Item - 2019.EC3.6

Tracking Status

EC3.6 - Noise By-law Review - Proposed Amendments to Chapter 591, Noise

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on April 16 and 17, 2019, adopted the following:  

  

1.  City Council amend Toronto Municipal Code Chapter 591, Noise as follows:

 

Definitions

 

1.  Add a definition of "Ambient Sound Level" to mean "The sound level that is present in the environment, produced by sound sources other than the source under assessment."

 

2.  Add a definition of "Amplified Sound" to mean "Sound made by any electronic device or a group of connected electronic devices incorporating one or more loudspeakers or other electro mechanical transducers, and intended for the production, reproduction or amplification of sound."

 

3.  Remove the definition of "Commissioner" and add a definition of "Executive Director" to mean "the Executive Director of Municipal Licensing and Standards or their designate or successor."

  

4.  Add a definition of "dB(A)" to mean "The sound level in decibels obtained when using a sound level meter with the A-weighting."

 

5.  Add a definition of "dB(C)" to mean "The sound level in decibels obtained when using a sound level meter with the C-weighting."

 

6.  Amend the definition of "Highway" to mean "Includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof."

 

7.  Remove the definition of "Inhabitants."

 

8.  Add a definition of "Leq" to mean "The energy equivalent sound level or the continuous sound level that would result in the same total sound energy being produced over a given period of time."

 

 9.  Add a definition of "Living Area" to mean "Any area that includes the premises of a dwelling or a workplace."

 

10.  Add a definition of "Motorcycle" to mean "A self-propelled vehicle having a seat or saddle for the use of the driver and designed to travel on not more than three wheels in contact with the ground, and includes a motor scooter, but does not include a motor assisted bicycle."

 

11.  Amend the definition of "Motor Vehicle" to mean "Includes an automobile, a motorcycle, a motor assisted bicycle and any other vehicle propelled or driven otherwise than by muscular power, but does not include a street car or other motor vehicle running only upon rails, a power-assisted bicycle, a motorized snow vehicle, a traction engine, a farm tractor, a self-propelled implement of husbandry or a road-building machine."

 

12.  Remove the definition of "Necessary Municipal Work" and add a definition of "Government Work" to mean "Construction, rehabilitation or maintenance work conducted by the City, the Province of Ontario, the Government of Canada and any of its agencies or agents including the operation of motor vehicles and equipment actually engaged in the work."

 

13.  Amend the definition of "Noise" to mean "A sound that a person finds disturbing to their peace, rest, enjoyment, comfort or convenience."

 

14.  Add a definition of "Noise Mitigation Plan" to mean "A plan as required and approved by the Executive Director, Municipal Licensing and Standards that addresses the mitigation of sound not in compliance with the requirements of this chapter from planned events or activities."

 

15.  Add a definition for "Persistent Noise" to mean "Any noise that is continuously heard for a period of ten minutes or more or intermittently over a period of one hour or more."

 

16.  Amend the definition of "Point of Reception" to mean "Any location on the premises of a person where sound originating from other than those premises is received. The following locations are points of reception:

 

a.  An outdoor area that is:

 

i.  near the façade of a building, at a height of 1.5 metres above ground, typically in backyards, front yards, terraces or patios; or

 

ii.  on a balcony or elevated terrace (for example, a rooftop) provided it is not enclosed; or

 

b.  An indoor area that is inside a building with windows and doors closed."

 

17.  Amend the definition of "Power Device" to mean "Any equipment driven otherwise than by muscular power used in the servicing, maintenance or repair of lawns, including chainsaws, lawn mowers, leaf blowers, grass trimmers or any other similar equipment. A power device does not include equipment used to remove snow or ice."

 

18.  Remove the definition of "Publication."

 

19.  Remove the definition of "Regular business hours."

 

20.  Add a definition for "Sound Level Meter" to mean "An instrument that measures levels of sound as approved for use by the Executive Director."

 

21.  Add a definition for "Unreasonable Noise" to mean "Any noise that would disturb the peace, rest, enjoyment, comfort or convenience of a reasonable person in the circumstances. Unreasonable noise does not include commonplace household or workplace sounds such as sound from furniture being moved, children playing or people engaging in conversation."

 

22.  Remove the definition of "Zones."

  

Specific Prohibition - Amplified Sound

 

23.  Delete section 591-2.1, prohibiting amplified sound from being projected beyond the lot line into any street or public place.

 

24.  Remove the differentiated time and place prohibition for amplified sound, and add a provision for the specific prohibition of amplified sound, establishing quantitative limits for amplified sound as follows: "No person shall emit or cause or permit continuous amplified sound, measured with a sound level meter at a point of reception in an outdoor living area, that has a sound level (expressed in terms of Leq for a ten-minute period), exceeding 50 dB(A) or 65 dB(C) from 11 pm to 7 am or 55 dB(A) or 70 dB(C) from 7 am to 11 pm."

 

25.  Add a provision for the specific prohibition of amplified sound that "if, during the course of an investigation, a Provincial Offences Officer such as a By-law Enforcement Officer, determines that it is not reasonable to measure from a point of reception in an outdoor living area, then no person shall emit or cause or permit continuous amplified sound that, measured with a sound level meter at a point of reception in an indoor living area, has a sound level (expressed in terms of Leq for a ten-minute period), exceeding 45 dB(A) or 60 dB(C) from 11 pm to 7 am or 50 dB(A) or 65 dB(C) from 7 am to 11 pm."

 

26.  Add a provision that despite the specific prohibitions for amplified sound where the ambient sound level at a point of reception exceeds the maximum sound level under those subsections, no person shall emit or cause of permit continuous amplified sound that, when measured with a sound level meter at a point of reception, has a sound level (expressed in terms of Leq for a ten-minute period) that equals or exceeds the ambient sound level.

 

Specific Prohibition – Animals

 

27.  Remove the differentiated time and place prohibition for animals and add a specific prohibition for animals as follows: "No person shall cause or permit persistent noise, including barking, calling or whining or other similar persistent noise, to be made by any animal kept or used for any purpose."

 

Specific Prohibition - Construction

 

28.  Remove the differentiated time and place prohibition in section 591-2.1 subsection B(1) for construction and set a specific prohibition of construction as follows: "No person shall emit or cause or permit the emission of sound resulting from any operation of construction equipment or any construction that is clearly audible at a point of reception from 7 pm to 7 am the next day, except until 9 am on Saturdays; and all day on Sundays and statutory holidays."

 

29.  Remove section 591-2.1 subsection B(2) to remove the exemption for continuous concrete pouring and large crane work.

 

30. Add a provision authorizing the Executive Director, Municipal Licensing and Standards, upon receipt of an application for continuous concrete pouring or large crane work, to issue the exemption permit if the conditions in 591-3.2.C.(2), (3) and (4) in the draft by-law attached as Attachment A to the report (March 22, 2019) from the Executive Director, Municipal Licensing and Standards and the conditions in Parts 30.a. to e. below are met:

 

a.  a notice of the exemption permit shall be posted in a visible location where each event or activity will occur 7 days prior to the event or activity; this condition may be altered or waived by the Executive Director, Municipal Licensing and Standards;


b.  if required by the Executive Director, Municipal Licensing and Standards, the event or activity shall comply with a noise mitigation plan;


c.  each event or activity shall be restricted to the approved location;


d.  the permission granted shall be for the date and times for each event or activity as set out in the exemption permit with overnight event and activity discouraged; and 


e.  that notice for continuous concrete pouring and large crane work is distributed to those within a 120 metre radius of the work at least 7 days in advance.

 

Specific Prohibition – Loading and Unloading

 

31.  Remove the prohibition by time and place for loading and unloading and add a specific prohibition as follows: "No person shall emit or cause or permit the emission of sound resulting from loading, unloading, delivering, packing, unpacking, otherwise handling any containers, products or materials from 11 pm to 7 am the next day, except until 9 am on Saturdays, Sundays and statutory holidays."

 

Specific Prohibition - Motor Vehicles

 

32.  Remove the provisions in section 591-3, and add a provision prohibiting sound resulting from unnecessary motor vehicle noise, such as the sounding of a horn, revving of an engine, squealing of tires, banging, clanking or any like sounds, if the sound is clearly audible at a point of reception.

 

33.  Remove the differentiated time and place prohibition for vehicle repairs, and add a specific prohibition as follows: "No person shall emit or cause or permit the emission of sound resulting from the repairing, rebuilding, modifying or testing of a vehicle if the sound is clearly audible at a point of reception from 9 pm until 7 am the next day, except until 9 am on Saturdays, Sundays and statutory holidays."

 

34.  Add a provision prohibiting sound from a motorcycle if it emits any sound exceeding 92 dB(A) from the exhaust outlet as measured at 50cm, while the motorcycle engine is at idle.

 

Specific Prohibition - Power Devices

 

35.  Remove the differentiated time and place prohibitions for power equipment, and set a single time prohibition of 7 pm until 7 am the next day, except until 9 am on Saturdays, Sundays, and statutory holidays.

 

36.  Add an exemption for any power device used for the purpose of maintaining a golf course or a public park.

 

Prohibitions by time and place

 

37.  Remove section 591-4 "Prohibitions by time and place."

 

General Limitations on Stationary Sources and Residential Air Conditioners

 

38.  Amend section 591-5 as follows: "No person shall cause or permit the emission of sound from a stationary source or residential air conditioner that, when measured with a sound level meter a point of reception, has a sound level (expressed in terms of Leq for a one-hour period) exceeding 50 dB(A) or the applicable sound level limit prescribed in provincial noise pollution control guidelines."

 

39.  Add a provision that the general limitations on stationary sources shall not apply to stationary sources where the emission of sound is in compliance with a provincial environmental compliance approval.

 

Limitation on Sound Levels for Residential Air Conditioners

 

40.  Remove section 591-6 "Limitation on Sound Levels for Residential Air Conditioners."

 

Unreasonable and Persistent Noise

 

41.  Remove section 591-2 and add a provision for "Unreasonable and Persistent Noise" as follows "No person shall make, cause or permit noise, at any time, that is unreasonable noise and persistent noise."

 

42.  Add a provision that the section on unreasonable and persistent noise only applies to sound or noise that is not described in section 591-2.1 through section 591-2.8.

 

43.  Add a provision to Article 2 - Prohibitions to provide that an exemption permit may be required, at the discretion of the Executive Director, Municipal Licensing and Standards, if it is determined that there is an unreasonable and persistent noise, during otherwise permitted hours, as described in section 591-2.1 through section 591-2.8.

 

Exemptions

 

44.  Remove section 591- 9 and add a provision for "Safety and Government Work" as follows: "Despite any other provision of this chapter, it shall be lawful to emit or cause or permit the emission of sound from:

 

a.  Bells or sirens required for the purposes of public safety including sirens when operated by Police Services, Fire and Paramedic Services, or bells or whistles operated by rail or transit services.

 

b.  Measures undertaken for the immediate health, safety or welfare of the inhabitants of the City under emergency circumstances.

 

c.  Government work."

 

Exemption Permits

 

45.  Add a provision to allow exemption permit applicants to apply for an exemption permit from a noise prohibition or noise limitation provision in connection with one or more events or activities.

 

46.  Add that the Executive Director, Municipal Licensing and Standards, may request any relevant additional information as part of the exemption permit application process, to the satisfaction of the Executive Director, including reasons supporting an exemption permit; a noise mitigation plan; a statement certified by a professional engineer or acoustical consultant for any sounds that are not technically or operationally feasible to control.

 

47.  Add a condition requiring exemption permit applicants to post notice of noise exemption in a visible location where the event or construction will occur 7 days prior to the event. This condition may be altered or waived by the Executive Director, Municipal Licensing and Standards.

 

48.  Add a provision that the Executive Director, Municipal Licensing and Standards, may request, as a condition of approval, a noise mitigation plan, or that the sound levels resulting from each event or activity shall be monitored by City staff with the applicant paying the charges for this monitoring as set out in Chapter 441, Fees and Charges.

 

49.  Add that the Executive Director, Municipal Licensing and Standards, may revoke a permit, with or without notice, if there is non-compliance with any terms.

 

Offences

 

50.  Amend section 591-11 to:

 

a.  Increase the maximum fine to $100,000;


b.  Add a special fine in an amount equal to any economic gain obtained from non-compliance;


c.  Designate each offence as continuing offence with a maximum daily fine of $10,000 and a total fine which may exceed $100,000;


d.  Include offences for obstruction and failure to provide information as required;


e.  Include authority to enter to inspect, to make orders to comply and to take remedial action.
 

Transition

 

51. Add provisions for "Transition" as follows:

 

"The provisions of this Chapter do not apply to exemption permits granted before October 1, 2019 provided that the holder of such permits continue to comply with the conditions of their original permits and that such permits are not revoked, terminated and do not expire."

 

"All prosecutions and other enforcement processes commenced under this chapter which have not been completed on October 1, 2019 shall be completed as if the chapter had not been amended on that date."

 

Set Fines

 

2.  City Council direct the Executive Director, Municipal Licensing and Standards to apply to the Ontario Court of Justice for any new set fines, or to increase the current set fines.

 

Implementation

 

3.  City Council authorize the City Solicitor and the Executive Director, Municipal Licensing and Standards to make such technical and stylistic amendments to Chapter 591, Noise as required to give effect to City Council’s decision.

 

4.  City Council direct that the changes to Toronto Municipal Code Chapter 591, Noise, come into force on October 1, 2019.

 

General

 

5.  City Council request the Executive Director, Municipal Licensing and Standards to report to the Economic and Community Development Committee in the fourth quarter of 2020 on the implementation, success and any outstanding issues from the changes to the noise by-law including, but not limited to:

 

a. new measurement standards;

 

b. the new hierarchy of limitation provisions;

 

c. impacts to the construction industry;

 

d. patterns and trends in complaints and resolutions;

 

e. issues related to amplified sound within residential areas; and

 

f. impacts to enforcement.

 

6.  City Council request the Province of Ontario to review regulations for noise from residential air conditioners, as prescribed in provincial noise pollution control guidelines.  

Public Notice Given

Background Information (Committee)

(March 22, 2019) Report from the Executive Director, Municipal Licensing and StandardsNoise Bylaw Review - Proposed Amendments to Chapter 591, Noise
https://www.toronto.ca/legdocs/mmis/2019/ec/bgrd/backgroundfile-130986.pdf
Attachment A - Draft Chapter 591, Noise
https://www.toronto.ca/legdocs/mmis/2019/ec/bgrd/backgroundfile-130987.pdf
Attachment B - Summary of Noise Data
https://www.toronto.ca/legdocs/mmis/2019/ec/bgrd/backgroundfile-130988.pdf
Attachment C - Summary of Third-Party Public Opinion Research
https://www.toronto.ca/legdocs/mmis/2019/ec/bgrd/backgroundfile-130989.pdf
Attachment D - Summary of Third-Party Technical Review of Chapter 591, Noise
https://www.toronto.ca/legdocs/mmis/2019/ec/bgrd/backgroundfile-130990.pdf
Attachment E - Summary of Public Consultation Feedback
https://www.toronto.ca/legdocs/mmis/2019/ec/bgrd/backgroundfile-130991.pdf
Attachment F - Summary of Jurisdictional Scan, Amplified Sound
https://www.toronto.ca/legdocs/mmis/2019/ec/bgrd/backgroundfile-130992.pdf
Attachment G - Summary of Jurisdictional Scan
https://www.toronto.ca/legdocs/mmis/2019/ec/bgrd/backgroundfile-130993.pdf
Public Notice - Noise By-law Review - Proposed Amendments to Chapter 591, Noise
https://www.toronto.ca/legdocs/mmis/2019/ec/bgrd/backgroundfile-131186.pdf
Presentation from the Director, Policy and Strategic Support, Municipal Licensing and Standards on Noise By-law Review: Proposed Amendments to Chapter 591
https://www.toronto.ca/legdocs/mmis/2019/ec/bgrd/backgroundfile-131605.pdf

Background Information (City Council)

(April 15, 2019) Supplementary report from the Interim Executive Director, Municipal Licensing and Standards on Noise By-law Review - Additional Stakeholder Meetings (EC3.6a)
https://www.toronto.ca/legdocs/mmis/2019/cc/bgrd/backgroundfile-132066.pdf
Attachment A - Noise By-law Review - Comparison Chart
https://www.toronto.ca/legdocs/mmis/2019/cc/bgrd/backgroundfile-132067.pdf

Communications (Committee)

(March 15, 2019) E-mail from Sarah Vaidyanathan (EC.Main.EC3.6.1)
(March 17, 2019) E-mail from Helen Dosani (EC.Main.EC3.6.2)
(March 17, 2019) E-mail from Tom Worrall (EC.Main.EC3.6.3)
(March 17, 2019) E-mail from Maureen Kapral (EC.Main.EC3.6.4)
(March 22, 2019) E-mail from Chris Keating, Deer Park Residents Group (EC.Main.EC3.6.5)
(March 25, 2019) E-mail from Maureen Kapral, Lytton Park Residentsí Organization (EC.Main.EC3.6.6)
https://www.toronto.ca/legdocs/mmis/2019/ec/comm/communicationfile-92905.pdf
(March 26, 2019) E-mail from Catherine Kerwin (EC.Main.EC3.6.7)
(March 28, 2019) E-mail from Chris Keating, Deer Park Residents Group (EC.New.EC3.6.8)
(March 29, 2019) E-mail from Stacey Barbetta (EC.New.EC3.6.9)
(March 27, 2019) Letter from Viken Koukounian (EC.New.EC3.6.10)
(March 29, 2019) Letter from Harold Smith (EC.New.EC3.6.11)
(March 29, 2019) E-mail from Alan Baker, Greater Yorkville Residents' Association (EC.New.EC3.6.12)
(March 31, 2019) Letter from Ulla Colgrass, York Quay Neighbourhood Association (EC.New.EC3.6.13)
(March 31, 2019) Letter from Carolyn Johnson, York Quay Neighbourhood Association (EC.New.EC3.6.14)
https://www.toronto.ca/legdocs/mmis/2019/ec/comm/communicationfile-93169.pdf
(April 1, 2019) Letter from Eldon Murray Mathers (EC.New.EC3.6.15)
(April 1, 2019) E-mail from Michael Andemeskel (EC.New.EC3.6.16)
(April 1, 2019) Letter from Geoff Kettel and Cathie Macdonald, Federation of North Toronto Residentsí Associations (FoNTRA) (EC.New.EC3.6.17)
https://www.toronto.ca/legdocs/mmis/2019/ec/comm/communicationfile-93178.pdf
(March 29, 2019) E-mail from Jessica Wilson, West Side Community Council (EC.New.EC3.6.18)
https://www.toronto.ca/legdocs/mmis/2019/ec/comm/communicationfile-93226.pdf
(April 1, 2019) E-mail from Charles Braive (EC.New.EC3.6.19)
(April 1, 2019) E-mail from Max Moore (EC.New.EC3.6.20)
(March 30, 2019) E-mail from Shirland Sealy (EC.New.EC3.6.21)
(April 1, 2019) E-mail from Nancy Moysiuk (EC.New.EC3.6.22)
(April 2, 2019) E-mail from Glen Newbury (EC.New.EC3.6.23)
(April 2, 2019) E-mail from John Wunderlich (EC.New.EC3.6.24)
(April 2, 2019) E-mail from Rick Longford (EC.New.EC3.6.25)
(April 2, 2019) E-mail from Judy Love (EC.New.EC3.6.26)
(April 2, 2019) E-mail from Sandra Moorhouse (EC.New.EC3.6.27)
(April 2, 2019) E-mail from Ned Macaulay (EC.New.EC3.6.28)
(April 2, 2019) E-mail from Mark Smith (EC.New.EC3.6.29)
(April 2, 2019) E-mail from Jean-Francois Pagť (EC.New.EC3.6.30)
(April 2, 2019) E-mail from Annette VanLeeuwen (EC.New.EC3.6.31)
(March 31, 2019) E-mail from Raymond Kennedy, Richview Terrace Tenants Association (EC.New.EC3.6.32)
(April 2, 2019) Letter from David Bronskill, Goodmans LLP (EC.New.EC3.6.33)
https://www.toronto.ca/legdocs/mmis/2019/ec/comm/communicationfile-93247.pdf
(April 2, 2019) E-mail from Kelsey Horne (EC.New.EC3.6.34)
(April 1, 2019) Letter from Lynn Robinson, The Toronto Island Noise Committee (EC.New.EC3.6.35)
https://www.toronto.ca/legdocs/mmis/2019/ec/comm/communicationfile-93249.pdf
(April 2, 2019) Letter from Kim Mullin, Wood Bull LLP (EC.New.EC3.6.36)
https://www.toronto.ca/legdocs/mmis/2019/ec/comm/communicationfile-93232.pdf
(April 2, 2019) E-mail from Angela Stevens (EC.New.EC3.6.37)
(April 2, 2019) Letter from Grant Humes, Toronto Financial District BIA (EC.New.EC3.6.38)
https://www.toronto.ca/legdocs/mmis/2019/ec/comm/communicationfile-93234.pdf
(April 2, 2019) E-mail from Kate Shepherd (EC.New.EC3.6.39)
(April 2, 2019) E-mail from Christine Mizon (EC.New.EC3.6.40)
(April 2, 2019) E-mail from Megan Munro (EC.New.EC3.6.41)
(April 2, 2019) Letter from Councillor Ana Bail„o (EC.New.EC3.6.42)
https://www.toronto.ca/legdocs/mmis/2019/ec/comm/communicationfile-93238.pdf
(April 2, 2019) E-mail from Anne Butt (EC.New.EC3.6.43)
(April 2, 2019) E-mail from Marlene Kennedy (EC.New.EC3.6.44)
(April 2, 2019) Letter from Jessica Wilson, Ossington Community Association (EC.New.EC3.6.45)
https://www.toronto.ca/legdocs/mmis/2019/ec/comm/communicationfile-93290.pdf
(April 2, 2019) Letter from Erin Benjamin, Canadian Live Music Association (EC.New.EC3.6.46)
https://www.toronto.ca/legdocs/mmis/2019/ec/comm/communicationfile-93292.pdf
(April 2, 2019) E-mail from Paul MacLean (EC.New.EC3.6.47)
(April 2, 2019) E-mail from Christine Mizon (EC.New.EC3.6.48)
(April 2, 2019) E-mail from Ruth Woitowitz (EC.New.EC3.6.49)
(April 3, 2019) Submission from Nancy Moysiuk (EC.New.EC3.6.50)
(April 3, 2019) E-mail from David Hodkin (EC.New.EC3.6.51)
(April 3, 2019) E-mail from Freya Godard (EC.New.EC3.6.52)
(April 3, 2019) Letter from Sharon McMillan, St. Lawrence Neighborhood Association (EC.New.EC3.6.53)
https://www.toronto.ca/legdocs/mmis/2019/ec/comm/communicationfile-93299.pdf
(April 3, 2019) Submission from Tamar Fernandes (EC.New.EC3.6.54)
(April 3, 2019) Submission from Benjamin Stein (EC.New.EC3.6.55)
(April 2, 2019) Submission from Max Moore (EC.New.EC3.6.56)

Communications (City Council)

(March 31, 2019) E-mail from Raymond Kennedy (CC.Main.EC3.6.57)
(April 8, 2019) E-mail from Ruth Woitowitz (CC.Main.EC3.6.58)
(April 14, 2019) Letter from Cathie Macdonald, Member, Toronto Noise Coalition (CC.Supp.EC3.6.59)
https://www.toronto.ca/legdocs/mmis/2019/cc/comm/communicationfile-93625.pdf
(April 15, 2019) Letter from Grant Humes, Executive Director, Toronto Financial District Business Improvement Area (CC.Supp.EC3.6.60)
https://www.toronto.ca/legdocs/mmis/2019/cc/comm/communicationfile-93626.pdf
(April 15, 2019) Letter from Douglas Goold, Vice President Policy, Toronto Region Board of Trade (CC.New.EC3.6.61)
https://www.toronto.ca/legdocs/mmis/2019/cc/comm/communicationfile-93645.pdf
(April 15, 2019) E-mail from Ruth Woitowitz (CC.New.EC3.6.62)
(April 16, 2019) E-mail from Nicole Corrado (CC.New.EC3.6.63)
(April 16, 2019) E-mail from Peter Donnelly (CC.New.EC3.6.64)
(April 17, 2019) E-mail from Alexandrina Canto Thaler (CC.New.EC3.6.65)

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Joe Cressy (Carried)

That:

 

1. City Council add a provision to Article 2 - Prohibitions to provide that an exemption permit may be required, at the discretion of the Executive Director, Municipal Licensing and Standards, if it is determined that there is an unreasonable and persistent noise, during otherwise permitted hours, as described in section 591-2.1 through section 591-2.8.

 

2. City Council request the Province of Ontario to review regulations for noise from residential air conditioners, as prescribed in provincial noise pollution control guidelines.

Vote (Amend Item (Additional)) Apr-17-2019 12:13 PM

Result: Carried Majority Required - EC3.6 - Cressy - motion 1
Total members that voted Yes: 25 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Michael Ford, Mark Grimes, Stephen Holyday, Jim Karygiannis, Mike Layton, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 1 Members that were absent are Cynthia Lai

2 - Motion to Defer Item moved by Councillor Josh Matlow (Lost)

That consideration of the item be deferred until the June 18 and 19, 2019 meeting of City Council.

Vote (Defer Item) Apr-17-2019 11:29 AM

Result: Lost Majority Required - EC3.6 - Matlow - motion 2 - Defer the item
Total members that voted Yes: 7 Members that voted Yes are Joe Cressy, John Filion, Paula Fletcher, Jim Karygiannis, Mike Layton, Josh Matlow, Jaye Robinson
Total members that voted No: 15 Members that voted No are Paul Ainslie, Ana Bail„o, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Stephen Holyday, Jennifer McKelvie, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that were Absent: 4 Members that were absent are Michael Ford, Mark Grimes, Cynthia Lai, Denzil Minnan-Wong

3 - Motion to Amend Item moved by Councillor Ana Bail„o (Amended)

That:

 

1. City Council amend Economic and Community Development Committee Recommendation 1 by deleting Parts 4 and 10 listed under Definitions:

 

Parts to be deleted

 

4.  Remove the definition of "continuous pouring of concrete."

 

10.  Remove the definition of "large crane work."

 

2.  City Council amend Recommendation 1 by deleting the words "for no more than a three month period" in Part 44 listed under Exemption Permits so that it now reads:

 

44.  Add a provision to allow exemption permit applicants to apply for an exemption permit from a noise prohibition or noise limitation provision in connection with one or more events or activities for no more than a three month period.

 

3. City Council amend Toronto Municipal Code Chapter 591, Noise to add a provision authorizing the Executive Director, Municipal Licensing and Standards, upon receipt of an application for continuous concrete pouring or large crane work, to issue the exemption permit if the conditions in 591-3.2.C.(2), (3) and (4) in the draft by-law attached as Attachment A to the report (March 22, 2019) from the Executive Director, Municipal Licensing and Standards and the conditions below are met:

 

a.  a notice of the exemption permit shall be posted in a visible location where each event or activity will occur 7 days prior to the event or activity; this condition may be altered or waived by the Executive Director, Municipal Licensing and Standards;


b.  if required by the Executive Director, Municipal Licensing and Standards, the event or activity shall comply with a noise mitigation plan;


c.  each event or activity shall be restricted to the approved location;


d.  the permission granted shall be for the date and times for each event or activity as set out in the exemption permit; and


e.  that notice for continuous concrete pouring and large crane work is distributed to those within a 120 metre radius of the work at least 7 days in advance.

 

Amended by motion 6 by Councillor Wong-Tam.

Vote (Amend Item) Apr-17-2019 12:12 PM

Result: Carried Majority Required - EC3.6- Bail„o - motion 3 as amended
Total members that voted Yes: 21 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, Paula Fletcher, Michael Ford, Mark Grimes, Stephen Holyday, Mike Layton, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 4 Members that voted No are John Filion, Jim Karygiannis, Josh Matlow, Jaye Robinson
Total members that were Absent: 1 Members that were absent are Cynthia Lai

4 - Motion to Amend Item (Additional) moved by Councillor Stephen Holyday (Carried)

That City Council request the Executive Director, Municipal Licensing and Standards to report to the Economic and Community Development Committee in the fourth quarter of 2020 on the implementation, success and any outstanding issues from the changes to the noise by-law including, but not limited to:

 

a. new measurement standards

b. the new hierarchy of limitation provisions

c. impacts to the construction industry

d. patterns and trends in complaints and resolutions

e. issues related to amplified sound within residential areas

f. impacts to enforcement

Vote (Amend Item (Additional)) Apr-17-2019 12:14 PM

Result: Carried Majority Required - EC3.6 - Holyday - motion 4
Total members that voted Yes: 25 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Michael Ford, Mark Grimes, Stephen Holyday, Jim Karygiannis, Mike Layton, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 1 Members that were absent are Cynthia Lai

5 - Motion to Amend Item moved by Councillor John Filion (Lost)

That City Council amend Part 43.c. of Economic and Community Development Committee Recommendation 1, by adding the words "except for non-emergency work conducted by the City of Toronto and its agencies or corporations, between the hours of 10:00 p.m. and 7:00 a.m." so that it now reads as follows:

 

c. Government work except for non-emergency work conducted by the City of Toronto and its agencies or corporations between the hours of 10:00 p.m. and 7:00 a.m.

Vote (Amend Item) Apr-17-2019 12:12 PM

Result: Lost Majority Required - EC3.6 - Filion - motion 5
Total members that voted Yes: 8 Members that voted Yes are Joe Cressy, John Filion, Paula Fletcher, Jim Karygiannis, Mike Layton, Josh Matlow, Gord Perks, Kristyn Wong-Tam
Total members that voted No: 17 Members that voted No are Paul Ainslie, Ana Bail„o, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Michael Ford, Mark Grimes, Stephen Holyday, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory
Total members that were Absent: 1 Members that were absent are Cynthia Lai

6 - Motion to Amend Motion moved by Councillor Kristyn Wong-Tam (Carried)

That City Council amend Part 3 d. of motion 3 by Councillor Bailão by adding the words "with overnight event and activity discouraged" so that part 3 d. now reads as follows:

 

3. City Council amend Toronto Municipal Code Chapter 591, Noise to add a provision authorizing the Executive Director, Municipal Licensing and Standards, upon receipt of an application for continuous concrete pouring or large crane work, to issue the exemption permit if the conditions in 591-3.2.C.(2), (3) and (4) in the draft by-law attached as Attachment A to the report (March 22, 2019) from the Executive Director, Municipal Licensing and Standards and the conditions below are met:


d.  the permission granted shall be for the date and times for each event or activity as set out in the exemption permit with overnight event and activity discouraged;

Vote (Amend Motion) Apr-17-2019 12:11 PM

Result: Carried Majority Required - EC3.6 - Wong-Tam - motion 6
Total members that voted Yes: 25 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Michael Ford, Mark Grimes, Stephen Holyday, Jim Karygiannis, Mike Layton, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 1 Members that were absent are Cynthia Lai

7 - Motion to Amend Item (Additional) moved by Councillor Mike Layton (Carried)

That City Council add a definition of "Living Area" to mean "Any area that includes the premises of a dwelling or a workplace."

Vote (Amend Item (Additional)) Apr-17-2019 12:14 PM

Result: Carried Majority Required - EC3.6 - Layton - motion 7
Total members that voted Yes: 25 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Michael Ford, Mark Grimes, Stephen Holyday, Jim Karygiannis, Mike Layton, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 1 Members that were absent are Cynthia Lai

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Apr-17-2019 12:15 PM

Result: Carried Majority Required - EC3.6 - Adopt the item as amended
Total members that voted Yes: 23 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, Paula Fletcher, Michael Ford, Mark Grimes, Stephen Holyday, Jim Karygiannis, Mike Layton, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 2 Members that voted No are John Filion, Josh Matlow
Total members that were Absent: 1 Members that were absent are Cynthia Lai

Declared Interests (City Council)

The following member(s) declared an interest:

Councillor Cynthia Lai - as she gets compensated and will continue to be compensated for various transactions that she has traded before elected to City Council by one of the deputants.
Written Declaration: https://secure.toronto.ca/council/declared-interest-file.do?id=8555

EC3.6 - Noise By-law Review - Proposed Amendments to Chapter 591, Noise

Decision Type:
ACTION
Status:
Amended
Wards:
All

Public Notice Given

Committee Recommendations

The Economic and Community Development Committee recommends that:  

 

1.  City Council amend Toronto Municipal Code Chapter 591, Noise as follows:

 

Definitions

 

1.  Add a definition of "Ambient Sound Level" to mean "The sound level that is present in the environment, produced by sound sources other than the source under assessment."

 

2.  Add a definition of "Amplified Sound" to mean "Sound made by any electronic device or a group of connected electronic devices incorporating one or more loudspeakers or other electro mechanical transducers, and intended for the production, reproduction or amplification of sound."

 

3.  Remove the definition of "Commissioner" and add a definition of "Executive Director" to mean "the Executive Director of Municipal Licensing and Standards or their designate or successor."

 

4.  Remove the definition of "continuous pouring of concrete."

 

5.  Add a definition of "dB(A)" to mean "The sound level in decibels obtained when using a sound level meter with the A-weighting."

 

6.  Add a definition of "dB(C)" to mean "The sound level in decibels obtained when using a sound level meter with the C-weighting."

 

7.  Amend the definition of "Highway" to mean "Includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof."

 

8.  Remove the definition of "Inhabitants."

 

9.  Add a definition of "Leq" to mean "The energy equivalent sound level or the continuous sound level that would result in the same total sound energy being produced over a given period of time."

 

10.  Remove the definition of "large crane work."

 

11.  Add a definition of "Motorcycle" to mean "A self-propelled vehicle having a seat or saddle for the use of the driver and designed to travel on not more than three wheels in contact with the ground, and includes a motor scooter, but does not include a motor assisted bicycle."

 

12.  Amend the definition of "Motor Vehicle" to mean "Includes an automobile, a motorcycle, a motor assisted bicycle and any other vehicle propelled or driven otherwise than by muscular power, but does not include a street car or other motor vehicle running only upon rails, a power-assisted bicycle, a motorized snow vehicle, a traction engine, a farm tractor, a self-propelled implement of husbandry or a road-building machine."

 

13.  Remove the definition of "Necessary Municipal Work" and add a definition of "Government Work" to mean "Construction, rehabilitation or maintenance work conducted by the City, the Province of Ontario, the Government of Canada and any of its agencies or agents including the operation of motor vehicles and equipment actually engaged in the work."

 

14.  Amend the definition of "Noise" to mean "A sound that a person finds disturbing to their peace, rest, enjoyment, comfort or convenience."

 

15.  Add a definition of "Noise Mitigation Plan" to mean "A plan as required and approved by the Executive Director, Municipal Licensing and Standards that addresses the mitigation of sound not in compliance with the requirements of this chapter from planned events or activities."

 

16.  Add a definition for "Persistent Noise" to mean "Any noise that is continuously heard for a period of ten minutes or more or intermittently over a period of one hour or more."

 

17.  Amend the definition of "Point of Reception" to mean "Any location on the premises of a person where sound originating from other than those premises is received. The following locations are points of reception:

 

a.  An outdoor area that is:

 

i.  near the façade of a building, at a height of 1.5 metres above ground, typically in backyards, front yards, terraces or patios; or

 

ii.  on a balcony or elevated terrace (for example, a rooftop) provided it is not enclosed; or

 

b.  An indoor area that is inside a building with windows and doors closed."

 

18.  Amend the definition of "Power Device" to mean "Any equipment driven otherwise than by muscular power used in the servicing, maintenance or repair of lawns, including chainsaws, lawn mowers, leaf blowers, grass trimmers or any other similar equipment. A power device does not include equipment used to remove snow or ice."

 

19.  Remove the definition of "Publication."

 

20.  Remove the definition of "Regular business hours."

 

21.  Add a definition for "Sound Level Meter" to mean "An instrument that measures levels of sound as approved for use by the Executive Director."

 

22.  Add a definition for "Unreasonable Noise" to mean "Any noise that would disturb the peace, rest, enjoyment, comfort or convenience of a reasonable person in the circumstances. Unreasonable noise does not include commonplace household or workplace sounds such as sound from furniture being moved, children playing or people engaging in conversation."

 

23.  Remove the definition of "Zones."

 

Specific Prohibition - Amplified Sound

 

24.  Delete section 591-2.1, prohibiting amplified sound from being projected beyond the lot line into any street or public place.

 

25.  Remove the differentiated time and place prohibition for amplified sound, and add a provision for the specific prohibition of amplified sound, establishing quantitative limits for amplified sound as follows: "No person shall emit or cause or permit continuous amplified sound, measured with a sound level meter at a point of reception in an outdoor living area, that has a sound level (expressed in terms of Leq for a ten-minute period), exceeding 50 dB(A) or 65 dB(C) from 11 pm to 7 am or 55 dB(A) or 70 dB(C) from 7 am to 11 pm."

 

26.  Add a provision for the specific prohibition of amplified sound that "if, during the course of an investigation, a Provincial Offences Officer such as a By-law Enforcement Officer, determines that it is not reasonable to measure from a point of reception in an outdoor living area, then no person shall emit or cause or permit continuous amplified sound that, measured with a sound level meter at a point of reception in an indoor living area, has a sound level (expressed in terms of Leq for a ten-minute period), exceeding 45 dB(A) or 60 dB(C) from 11 pm to 7 am or 50 dB(A) or 65 dB(C) from 7 am to 11 pm."

 

27.  Add a provision that despite the specific prohibitions for amplified sound where the ambient sound level at a point of reception exceeds the maximum sound level under those subsections, no person shall emit or cause of permit continuous amplified sound that, when measured with a sound level meter at a point of reception, has a sound level (expressed in terms of Leq for a ten-minute period) that equals or exceeds the ambient sound level.

 

Specific Prohibition – Animals

 

28.  Remove the differentiated time and place prohibition for animals and add a specific prohibition for animals as follows: "No person shall cause or permit persistent noise, including barking, calling or whining or other similar persistent noise, to be made by any animal kept or used for any purpose."

 

Specific Prohibition - Construction

 

29.  Remove the differentiated time and place prohibition in section 591-2.1 subsection B(1) for construction and set a specific prohibition of construction as follows: "No person shall emit or cause or permit the emission of sound resulting from any operation of construction equipment or any construction that is clearly audible at a point of reception from 7 pm to 7 am the next day, except until 9 am on Saturdays; and all day on Sundays and statutory holidays."

 

30.  Remove section 591-2.1 subsection B(2) to remove the exemption for continuous concrete pouring and large crane work.

 

Specific Prohibition – Loading and Unloading

 

31.  Remove the prohibition by time and place for loading and unloading and add a specific prohibition as follows: No person shall emit or cause or permit the emission of sound resulting from loading, unloading, delivering, packing, unpacking, otherwise handling any containers, products or materials from 11 pm to 7am the next day, except until 9 am on Saturdays, Sundays and statutory holidays."

 

Specific Prohibition - Motor Vehicles

 

32.  Remove the provisions in section 591-3, and add a provision prohibiting sound resulting from unnecessary motor vehicle noise, such as the sounding of a horn, revving of an engine, squealing of tires, banging, clanking or any like sounds, if the sound is clearly audible at a point of reception.

 

33.  Remove the differentiated time and place prohibition for vehicle repairs, and add a specific prohibition as follows: "No person shall emit or cause or permit the emission of sound resulting from the repairing, rebuilding, modifying or testing of a vehicle if the sound is clearly audible at a point of reception from 9 pm until 7 am the next day, except until 9 am on Saturdays, Sundays and statutory holidays."

 

34.  Add a provision prohibiting sound from a motorcycle if it emits any sound exceeding 92 dB(A) from the exhaust outlet as measured at 50cm, while the motorcycle engine is at idle.

 

Specific Prohibition - Power Devices

 

35.  Remove the differentiated time and place prohibitions for power equipment, and set a single time prohibition of 7 pm until 7 am the next day, except until 9 am on Saturdays, Sundays, and statutory holidays.

 

36.  Add an exemption for any power device used for the purpose of maintaining a golf course or a public park.

 

Prohibitions by time and place

 

37.  Remove section 591-4 "Prohibitions by time and place."

 

General Limitations on Stationary Sources and Residential Air Conditioners

 

38.  Amend section 591-5 as follows: "No person shall cause or permit the emission of sound from a stationary source or residential air conditioner that, when measured with a sound level meter a point of reception, has a sound level (expressed in terms of Leq for a one-hour period) exceeding 50 dB(A) or the applicable sound level limit prescribed in provincial noise pollution control guidelines."

 

39.  Add a provision that the general limitations on stationary sources shall not apply to stationary sources where the emission of sound is in compliance with a provincial environmental compliance approval.

 

Limitation on Sound Levels for Residential Air Conditioners

 

40.  Remove section 591-6 "Limitation on Sound Levels for Residential Air Conditioners."

 

Unreasonable and Persistent Noise

 

41.  Remove section 591-2 and add a provision for "Unreasonable and Persistent Noise" as follows "No person shall make, cause or permit noise, at any time, that is unreasonable noise and persistent noise."

 

42.  Add a provision that the section on unreasonable and persistent noise only applies to sound or noise that is not described in section 591-2.1 through section 591-2.8.

 

Exemptions

 

43.  Remove section 591- 9 and add a provision for "Safety and Government Work" as follows "Despite any other provision of this chapter, it shall be lawful to emit or cause or permit the emission of sound from:

 

a.  Bells or sirens required for the purposes of public safety including sirens when operated by Police Services, Fire and Paramedic Services, or bells or whistles operated by rail or transit services.

 

b.  Measures undertaken for the immediate health, safety or welfare of the inhabitants of the City under emergency circumstances.

 

c.  Government work.

 

Exemption Permits

 

44.  Add a provision to allow exemption permit applicants to apply for an exemption permit from a noise prohibition or noise limitation provision in connection with one or more events or activities for no more than a three month period.

 

45.  Add that the Executive Director, Municipal Licensing and Standards, may request any relevant additional information as part of the exemption permit application process, to the satisfaction of the Executive Director, including reasons supporting an exemption permit; a noise mitigation plan; a statement certified by a professional engineer or acoustical consultant for any sounds that are not technically or operationally feasible to control.

 

46.  Add a condition requiring exemption permit applicants to post notice of noise exemption in a visible location where the event or construction will occur 7 days prior to the event. This condition may be altered or waived by the Executive Director, Municipal Licensing and Standards.

 

47.  Add a provision that the Executive Director, Municipal Licensing and Standards, may request, as a condition of approval, a noise mitigation plan, or that the sound levels resulting from each event or activity shall be monitored by City staff with the applicant paying the charges for this monitoring as set out in Chapter 441, Fees and Charges.

 

48.  Add that the Executive Director, Municipal Licensing and Standards, may revoke a permit, with or without notice, if there is non-compliance with any terms.

 

Offences

 

49.  Amend section 591-11 to:

 

a.  Increase the maximum fine to $100,000;


b.  Add a special fine in an amount equal to any economic gain obtained from non-compliance;


c.  Designate each offence as continuing offence with a maximum daily fine of $10,000 and a total fine which may exceed $100,000;


d.  Include offences for obstruction and failure to provide information as required;


e.  Include authority to enter to inspect, to make orders to comply and to take remedial action.
 

Transition

 

50. Add provisions for "Transition" as follows:

 

"The provisions of this Chapter do not apply to exemption permits granted before October 1, 2019 provided that the holder of such permits continue to comply with the conditions of their original permits and that such permits are not revoked, terminated and do not expire."

 

"All prosecutions and other enforcement processes commenced under this chapter which have not been completed on October 1, 2019 shall be completed as if the chapter had not been amended on that date."

 

Set Fines

 

2.  City Council direct the Executive Director, Municipal Licensing and Standards to apply to the Ontario Court of Justice for any new set fines, or to increase the current set fines.

 

Implementation

 

3.  City Council authorize the City Solicitor and the Executive Director, Municipal Licensing and Standards to make such technical and stylistic amendments to Chapter 591, Noise as required to give effect to City Council’s decision.

 

4.  City Council direct that the changes to Toronto Municipal Code Chapter 591, Noise, come into force on October 1, 2019.

Decision Advice and Other Information

The Economic and Community Development Committee:

 

1.  Directed the Executive Director, Municipal Licensing and Standards, to meet with stakeholders, prior to the April 16 and 17, 2019 City Council meeting, to discuss concerns and to provide clarification on the proposed Amendments to Toronto Municipal Code, Chapter 591, Noise.

 

The Director, Policy and Strategic Support and the Director, Investigation Services, Municipal Licensing and Standards gave a presentation on Noise By-law Review: Proposed Amendments to Chapter 591.

Origin

(March 22, 2019) Report from the Interim Executive Director, Municipal Licensing and Standards

Summary

This report proposes substantial amendments to the Noise By-law (Toronto Municipal Code Chapter 591), after a comprehensive review. The Noise By-law provides standards for noise, and applies to all properties in Toronto. The existing By-law was last updated in 2010, but has not been comprehensively reviewed since 2002.

 

The proposed changes to the Noise By-law address several specific noise issues such as amplified sound, the general prohibition, and noise from construction, power devices, and motor vehicles. These changes contribute to simplifying the Noise By-law by aligning time constraints between similar activities, and otherwise clarify the standards set for noise, by introducing decibel limits for amplified sound and motorcycles. Additional changes, such as providing Municipal Licensing and Standards (MLS) the authority to request noise monitoring and noise mitigation plans as part of the exemption permit process, support the proactive mitigation of noise. Where noise contravenes what is permitted, MLS proposes increasing fines and penalties.

 

In a city as large and diverse as Toronto, managing and regulating noise is a complex undertaking. Residents wish to enjoy their homes and environments. For some, this may mean relaxing in a lounger in the backyard, for others it may be having a meal on a café patio, and for others still it may be attending outdoor concerts. A Noise By-law must balance these desires with many other factors. The city is also experiencing a high volume of construction activity as housing and transportation infrastructure is being built to meet the needs of the city's growing population. According to public opinion research conducted on behalf of the City, 64% of residents believe that noise levels in Toronto are reasonable and reflect life in a big city, while 36% of residents believe that more needs to be done to restrict noise because of potential negative health consequences. There is a growing awareness of the health impacts of environmental and ambient/background noise, highlighted by international bodies, such as the World Health Organization (WHO).

 

At the City, Toronto Public Health (TPH) is currently working with City partners, including MLS and City Planning, to develop a Noise Action Plan to identify potential environmental noise mitigation strategies. By comparison, the City of Toronto’s Noise By-law, Toronto Municipal Code Chapter 591, regulates episodic types of noise, which are generally related to the day-to-day activities of residents and businesses.

 

MLS began reviewing the Noise By-law in 2015. In 2016, with direction from the Licensing and Standards Committee, a Noise Working Group (NWG) was convened with stakeholders from resident associations, business improvement areas, the music and entertainment industry, the construction and building industry and other City divisions and agencies. The NWG met nine times and concluded in 2017. The group reviewed current and proposed amendments to the Noise By-law and highlighted issues for further research and consultation.

 

In April 2018, MLS reported to City Council with an update on the outcomes and lessons learned from the NWG. City Council directed MLS to complete additional work including third-party public opinion research, and technical reviews by acoustical engineering firms. City Council also directed MLS to engage a third-party facilitation firm to conduct an additional round of public consultations, which were completed in February 2019. MLS also consulted with industry and resident groups, and conducted additional research and analysis, including an expanded jurisdictional scan.

 

This report was prepared in consultation with Legal Services, Toronto Public Health, Economic Development and Culture, Engineering and Construction Services, and the Toronto Transit Commission.

Background Information

(March 22, 2019) Report from the Executive Director, Municipal Licensing and StandardsNoise Bylaw Review - Proposed Amendments to Chapter 591, Noise
https://www.toronto.ca/legdocs/mmis/2019/ec/bgrd/backgroundfile-130986.pdf
Attachment A - Draft Chapter 591, Noise
https://www.toronto.ca/legdocs/mmis/2019/ec/bgrd/backgroundfile-130987.pdf
Attachment B - Summary of Noise Data
https://www.toronto.ca/legdocs/mmis/2019/ec/bgrd/backgroundfile-130988.pdf
Attachment C - Summary of Third-Party Public Opinion Research
https://www.toronto.ca/legdocs/mmis/2019/ec/bgrd/backgroundfile-130989.pdf
Attachment D - Summary of Third-Party Technical Review of Chapter 591, Noise
https://www.toronto.ca/legdocs/mmis/2019/ec/bgrd/backgroundfile-130990.pdf
Attachment E - Summary of Public Consultation Feedback
https://www.toronto.ca/legdocs/mmis/2019/ec/bgrd/backgroundfile-130991.pdf
Attachment F - Summary of Jurisdictional Scan, Amplified Sound
https://www.toronto.ca/legdocs/mmis/2019/ec/bgrd/backgroundfile-130992.pdf
Attachment G - Summary of Jurisdictional Scan
https://www.toronto.ca/legdocs/mmis/2019/ec/bgrd/backgroundfile-130993.pdf
Public Notice - Noise By-law Review - Proposed Amendments to Chapter 591, Noise
https://www.toronto.ca/legdocs/mmis/2019/ec/bgrd/backgroundfile-131186.pdf
Presentation from the Director, Policy and Strategic Support, Municipal Licensing and Standards on Noise By-law Review: Proposed Amendments to Chapter 591
https://www.toronto.ca/legdocs/mmis/2019/ec/bgrd/backgroundfile-131605.pdf

Communications

(March 15, 2019) E-mail from Sarah Vaidyanathan (EC.Main.EC3.6.1)
(March 17, 2019) E-mail from Helen Dosani (EC.Main.EC3.6.2)
(March 17, 2019) E-mail from Tom Worrall (EC.Main.EC3.6.3)
(March 17, 2019) E-mail from Maureen Kapral (EC.Main.EC3.6.4)
(March 22, 2019) E-mail from Chris Keating, Deer Park Residents Group (EC.Main.EC3.6.5)
(March 25, 2019) E-mail from Maureen Kapral, Lytton Park Residentsí Organization (EC.Main.EC3.6.6)
https://www.toronto.ca/legdocs/mmis/2019/ec/comm/communicationfile-92905.pdf
(March 26, 2019) E-mail from Catherine Kerwin (EC.Main.EC3.6.7)
(March 28, 2019) E-mail from Chris Keating, Deer Park Residents Group (EC.New.EC3.6.8)
(March 29, 2019) E-mail from Stacey Barbetta (EC.New.EC3.6.9)
(March 27, 2019) Letter from Viken Koukounian (EC.New.EC3.6.10)
(March 29, 2019) Letter from Harold Smith (EC.New.EC3.6.11)
(March 29, 2019) E-mail from Alan Baker, Greater Yorkville Residents' Association (EC.New.EC3.6.12)
(March 31, 2019) Letter from Ulla Colgrass, York Quay Neighbourhood Association (EC.New.EC3.6.13)
(March 31, 2019) Letter from Carolyn Johnson, York Quay Neighbourhood Association (EC.New.EC3.6.14)
https://www.toronto.ca/legdocs/mmis/2019/ec/comm/communicationfile-93169.pdf
(April 1, 2019) Letter from Eldon Murray Mathers (EC.New.EC3.6.15)
(April 1, 2019) E-mail from Michael Andemeskel (EC.New.EC3.6.16)
(April 1, 2019) Letter from Geoff Kettel and Cathie Macdonald, Federation of North Toronto Residentsí Associations (FoNTRA) (EC.New.EC3.6.17)
https://www.toronto.ca/legdocs/mmis/2019/ec/comm/communicationfile-93178.pdf
(March 29, 2019) E-mail from Jessica Wilson, West Side Community Council (EC.New.EC3.6.18)
https://www.toronto.ca/legdocs/mmis/2019/ec/comm/communicationfile-93226.pdf
(April 1, 2019) E-mail from Charles Braive (EC.New.EC3.6.19)
(April 1, 2019) E-mail from Max Moore (EC.New.EC3.6.20)
(March 30, 2019) E-mail from Shirland Sealy (EC.New.EC3.6.21)
(April 1, 2019) E-mail from Nancy Moysiuk (EC.New.EC3.6.22)
(April 2, 2019) E-mail from Glen Newbury (EC.New.EC3.6.23)
(April 2, 2019) E-mail from John Wunderlich (EC.New.EC3.6.24)
(April 2, 2019) E-mail from Rick Longford (EC.New.EC3.6.25)
(April 2, 2019) E-mail from Judy Love (EC.New.EC3.6.26)
(April 2, 2019) E-mail from Sandra Moorhouse (EC.New.EC3.6.27)
(April 2, 2019) E-mail from Ned Macaulay (EC.New.EC3.6.28)
(April 2, 2019) E-mail from Mark Smith (EC.New.EC3.6.29)
(April 2, 2019) E-mail from Jean-Francois Pagť (EC.New.EC3.6.30)
(April 2, 2019) E-mail from Annette VanLeeuwen (EC.New.EC3.6.31)
(March 31, 2019) E-mail from Raymond Kennedy, Richview Terrace Tenants Association (EC.New.EC3.6.32)
(April 2, 2019) Letter from David Bronskill, Goodmans LLP (EC.New.EC3.6.33)
https://www.toronto.ca/legdocs/mmis/2019/ec/comm/communicationfile-93247.pdf
(April 2, 2019) E-mail from Kelsey Horne (EC.New.EC3.6.34)
(April 1, 2019) Letter from Lynn Robinson, The Toronto Island Noise Committee (EC.New.EC3.6.35)
https://www.toronto.ca/legdocs/mmis/2019/ec/comm/communicationfile-93249.pdf
(April 2, 2019) Letter from Kim Mullin, Wood Bull LLP (EC.New.EC3.6.36)
https://www.toronto.ca/legdocs/mmis/2019/ec/comm/communicationfile-93232.pdf
(April 2, 2019) E-mail from Angela Stevens (EC.New.EC3.6.37)
(April 2, 2019) Letter from Grant Humes, Toronto Financial District BIA (EC.New.EC3.6.38)
https://www.toronto.ca/legdocs/mmis/2019/ec/comm/communicationfile-93234.pdf
(April 2, 2019) E-mail from Kate Shepherd (EC.New.EC3.6.39)
(April 2, 2019) E-mail from Christine Mizon (EC.New.EC3.6.40)
(April 2, 2019) E-mail from Megan Munro (EC.New.EC3.6.41)
(April 2, 2019) Letter from Councillor Ana Bail„o (EC.New.EC3.6.42)
https://www.toronto.ca/legdocs/mmis/2019/ec/comm/communicationfile-93238.pdf
(April 2, 2019) E-mail from Anne Butt (EC.New.EC3.6.43)
(April 2, 2019) E-mail from Marlene Kennedy (EC.New.EC3.6.44)
(April 2, 2019) Letter from Jessica Wilson, Ossington Community Association (EC.New.EC3.6.45)
https://www.toronto.ca/legdocs/mmis/2019/ec/comm/communicationfile-93290.pdf
(April 2, 2019) Letter from Erin Benjamin, Canadian Live Music Association (EC.New.EC3.6.46)
https://www.toronto.ca/legdocs/mmis/2019/ec/comm/communicationfile-93292.pdf
(April 2, 2019) E-mail from Paul MacLean (EC.New.EC3.6.47)
(April 2, 2019) E-mail from Christine Mizon (EC.New.EC3.6.48)
(April 2, 2019) E-mail from Ruth Woitowitz (EC.New.EC3.6.49)
(April 3, 2019) Submission from Nancy Moysiuk (EC.New.EC3.6.50)
(April 3, 2019) E-mail from David Hodkin (EC.New.EC3.6.51)
(April 3, 2019) E-mail from Freya Godard (EC.New.EC3.6.52)
(April 3, 2019) Letter from Sharon McMillan, St. Lawrence Neighborhood Association (EC.New.EC3.6.53)
https://www.toronto.ca/legdocs/mmis/2019/ec/comm/communicationfile-93299.pdf
(April 3, 2019) Submission from Tamar Fernandes (EC.New.EC3.6.54)
(April 3, 2019) Submission from Benjamin Stein (EC.New.EC3.6.55)
(April 2, 2019) Submission from Max Moore (EC.New.EC3.6.56)

Speakers

Harold B. Smith
Ulla Colgrass, York Quay Neighbourhood Association
Carolyn Johnson, York Quay Neighbourhood Association
Nadia Todorova, Residential Construction Council of Ontario (RESCON)
Carmina Tupe, The Building Industry and Land Development Association
Steve Daniels, BILD Toronto Chapter
Bruno Giancola, Tridel/Rescom
Joe Francavilla, Menkes Development
Eldon Mathers
Tony DiGiovanni, Landscape Ontario
Sylvia Crowhurst
Cathie Macdonald, Toronto Noise Coalition
Tamar Fernandes
Benjamin Stein
Charles Braive, Friends of Danforth East
Max Moore
Nancy Moysiuk
Grant Humes, Toronto Financial District BIA
Martin Mittelstaedt, Toronto Island Noise Committee
Spencer Sutherland, Toronto Music Advisory Council
Councillor Kristyn Wong-Tam
Councillor Mike Layton

Motions

1 - Motion to Amend Item (Additional) moved by Councillor Joe Cressy (Carried)

That:

 

1.  The Economic and Community Development Committee direct the Executive Director, Municipal Licensing and Standards, to meet with stakeholders prior to the April 16 and 17, 2019 City Council meeting, to discuss concerns and to provide clarification on the proposed Amendments to Toronto Municipal Code, Chapter 591, Noise.

Vote (Amend Item (Additional)) Apr-03-2019

Result: Carried Majority Required
Total members that voted Yes: 4 Members that voted Yes are Shelley Carroll, Joe Cressy, Michael Ford, Michael Thompson (Chair)
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 2 Members that were absent are Mark Grimes, Cynthia Lai

2 - Motion to Adopt Item as Amended moved by Councillor Michael Thompson (Carried)

Vote (Adopt Item as Amended) Apr-03-2019

Result: Carried Majority Required
Total members that voted Yes: 4 Members that voted Yes are Shelley Carroll, Joe Cressy, Michael Ford, Michael Thompson (Chair)
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 2 Members that were absent are Mark Grimes, Cynthia Lai

Declared Interests

The following member(s) declared an interest:

Councillor Cynthia Lai - As the deputation Tridel, is part of the speakers, and she still has a business relationship with Tridel based on her realtor capacity.
Written Declaration: https://secure.toronto.ca/council/declared-interest-file.do?id=8475
Source: Toronto City Clerk at www.toronto.ca/council