Pursuant to section 129 of the Municipal Act, 2001, S.O. 2001, c. 25, municipalities in Ontario have the authority to prohibit and regulate noise by passing and enforcing by-laws that regulate noise disturbances. In drafting such by-laws, municipalities must take care to ensure that the parameters of what is and what is not permitted are clearly set out, as Ontario Courts have struck down noise by-laws in their entirety where the Court has determined that the by-laws were vague and uncertain.
This article explores two instances where noise by-laws were quashed on the grounds of vagueness and uncertainty: 1) noise by-laws that import a subjective standard to determine a noise violation, and 2) noise by-laws that fail to provide any standards, criteria, or guidelines to determine whether or not a person is entitled to an exemption from the noise by-law. This article provides recommendations to draft noise by-laws that provide an objective standard to determine noise and provide standards, criteria, or guidelines for exemptions from noise by-laws. These recommendations can also be applied to other types of by-laws that prohibit and regulate matters, such as by-laws dealing with vibration, odour, dust, outdoor illumination, and others.
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