Item - 2021.IE20.17

The Infrastructure and Environment Committee received the report (March 9, 2021) from the Executive Director, Municipal Licensing and Standards for information.

At its meeting on March 11, 2020, the Infrastructure and Environment Committee directed the Deputy City Manager, Infrastructure and Development Services to report back on the feasibility of prohibiting snow clearing activity within commercial properties located 100 metres or less from residential areas between 12 am and 6 am. The Committee directive is a result of resident concerns about noise.

Staff do not support prohibiting overnight snow clearing activity within commercial properties near residential areas. Using the Noise Bylaw (Toronto Municipal Code, Chapter 591, Noise) to regulate snow clearing activity and equipment may undermine what is intended to be a straight-forward exemption for safety and accessibility reasons. It is recommended that this report is received for information and that educational information and/or mediation services are offered to residents when there are continued complaints about noise made in connection with snow clearing. The report also provides an update on the review of the Noise Bylaw.

The Noise Bylaw exempts snow clearing activity and equipment to ensure it does not conflict with snow clearing requirements in Toronto Municipal Code Chapters 719, Snow and Ice Removal and Chapter 629, Property Standards. Both chapters require the removal of snow within specified time limits to ensure the safety and accessibility of the city after snow fall.

People have a right to safely and easily navigate their environment. A prohibition on overnight snow clearing may unintentionally create barriers for people with disabilities as it may impede their access to commercial properties as customers and employees. This is contrary to the intent of the Accessibility for Ontarians with Disabilities Act and the City's Multi-Year Accessibility Plan.

Due to the potential accessibility implications of the Infrastructure and Environment Committee directive, staff presented at the February 10, 2021 meeting of the Toronto Accessibility Advisory Committee. The presentation outlined staff's recommendation against a prohibition of overnight snow clearing on commercial properties and sought input from Toronto Accessibility Advisory Committee members. Toronto Accessibility Advisory Committee members expressed support for this recommendation and did not support a prohibition, as nuisance concerns should not outweigh concerns for safety and accessibility. To further demonstrate this, Toronto Accessibility Advisory Committee adopted a motion to communicate their support of staff's recommendation to Infrastructure and Environment Committee.

The most practical time to clear snow and ice from property is generally overnight when areas are free of people and vehicles. Overnight snow clearing recognizes that Torontonians require safe passage at any time of day. For example, timely snow removal is critical for Toronto's frontline workers who are more likely to work outside of the 9 am to 5 pm work day. Prohibiting overnight snow clearing on commercial properties may present an equity challenge as it is well documented that racialized workers and women are over-represented in frontline industries, such as food handlers, grocery clerks and cleaners.

In addition, prohibiting snow clearing overnight for commercial properties located 100 metres or less from residential areas may effectively ban the activity due to the large number of commercial properties and the mixed use design of the city. Commercial properties include offices, medical facilities, retail establishments, hotels, commercial condominiums, etc., and are often located near residential areas for convenience and ease of access.

This report was written in consultation with the People and Equity Division, Transportation Services, City Planning and Legal Services.

Jessica Stanley, Senior Policy and Research Officer, Municipal Licensing and Standards will provide a presentation on a directive from the Infrastructure and Environment Committee to explore the feasibility of prohibiting overnight snow clearing within commercial properties that are located 100 metres or less from residential areas.  The presentation outlines relevant regulations and key issues for permitting overnight snow clearing, presents staff's preliminary recommendation and seeks Toronto Accessibility Advisory Committee's input on accessibility for the staff report process.