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What’s all the noise about?(48 page pdf, Dianne Saxe, Ontario Bar Association, Oct. 31, 2012)
In today’s review article, a leading environmental lawyer, Diane Saxe provides, a very useful overview of how the law at the federal, provincial and municipal levels is applied to noise with many examples of how this is enforced and regulated in Canada. A key aspect is the definition of noise as a “nuisance”.
Key Quotes:
Regulation:
Federal
- Noise labeling - Noise from products, equipment,vehicles, bars
- Highway Traffic Act
- Liquor License Act
- Environmental Protection Act
- CSA: Noise Emission Declarations for Machinery - Limits noise from products/ equipment/vehicles
- Canada Labour Code –federally regulated workplaces
- Health Canada advises on health effects
- OHS: noise in workplace
- Building Code Act - Noise control guidelines --‐‑land use
- Planning Act - Official plans, zoning by--‐‑laws
- Municipal Act, 2001 – can regulate /prohibit noise
- Land-use planning
- Public health boards: is noise a health hazard?
- Provincial Policy Statement
- Noise from products, equipment, vehicles, bars
- Highway Traffic Act
- Liquor License Act
- Environmental Protection Act”
- MOE
- By‑law
- OMB”
- Focus on harm suffered
- Unreasonable interference with the use of land:
- Must be intolerable to ordinary person
- nature, severity, duration of interference; character of neighbourhood; sensitivity of plaintiff’s use; utility of the activity
- Substantial, not trivial interference”
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