Wednesday, November 14, 2012

How is Noise Regulated in Ontario?

Zoning v. Land Use

 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
  Definition of Nuisance
  • 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”
Enhanced by Zemanta

No comments:

Post a Comment