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Limits on Noise in Ontario

Ontario law prohibits excess noise.  The laws controlling the loudness of sounds (noise) in rural and urban Ontario provide reasonable protection for residents living near aggregate operations. The basic criterion is that any industrial noise you can hear just outside your home should be no louder than the combination of normal background noises such as wind noise, highway noise, and so on.

The EPA limits noise. The loudness of sounds (noise) produced by human activity in Ontario is controlled by the laws stated in the Ontario Environmental Protection Act (EPA). To read the relevant sections of the EPA and some explanatory comments refer to “Noise and the Ontario Environmental Protection Act (EPA)”.

 Guidelines state exactly how much noise is allowed.  The actual limits of the loudness of the noise are specified in several Ontario government publications produced by the Ontario Ministry of the Environment (MOE). To read the relevant sections of the MOE documents related to controlling sound levels and some explanatory comments refer to “Sound Level Limits Specified in MOE Noise Guidelines NPC 232, NPC 205, NPC 206 and Supporting Document (NPC 233)”

Municipal noise bylaws.  You may also wish to check if your municipality or township has its own noise bylaws in place (link to municipalities or townships which have noise bylaws).

Noise and the Ontario Environmental Protection Act (EPA)

The Ontario Environmental Protection Act (EPA) is the law whose regulations control many different aspects of the environment in Ontario. Only a small part of the EPA is directly related to the control of excess noise caused by human activity. Those sections of the EPA relating to the control of excess noise are shown below. When combined together, these sections clearly establish that excess sound (noise) from any source (e.g., aggregate operations) is unlawful, and must be reduced to the legal limit. The key terms in each section are shown in boldface type. A brief explanatory summary, including all the key terms, is included after the EPA sections related to excess noise.

Extracts from the EPA Related to Excess Noise

Section 3.(1) The purpose of this Act is to provide for the protection and conservation of the natural environment.  R.S.O. 1990, c. E.19, s. 3.

 

Section 6.(1) No person shall discharge into the natural environment any contaminant, and no person responsible for a source of contaminant shall permit the discharge into the natural environment of any contaminant from the source of contaminant, in an amount, concentration or level in excess of that prescribed by the regulations.  R.S.O. 1990, c. E.19, s. 6 (1). (In the case of excess noise the prescribed limits are defined in MOE publications  NPC232, NPC 206, and NPC205)

 

Section 1.(1) In this Act, “contaminant” means any solid, liquid, gas, odour, heat, sound, vibration, radiation or combination of any of them resulting directly or indirectly from human activities that causes or may cause an adverse effect;

 

Section 1.(1) In this Act,“adverse effect” means one or more of,

(a)   impairment of the quality of the natural environment for any use that can be made of it,       

(b)    injury or damage to property or to plant or animal life,

         (c)    harm or material discomfort to any person,

         (d)    an adverse effect on the health of any person,

         (e)    impairment of the safety of any person,

(f)        rendering any property or plant or animal life unfit for human use,

(g)       loss of enjoyment of normal use of property, and

(h)       interference with the normal conduct of business;

 

To reinforce Section 6.(1) the EPA further states:

 

Section 14.(1) Despite any other provision of this Act or the regulations, no person shall discharge a contaminant or cause or permit the discharge of a contaminant into the natural environment that causes or is likely to cause an adverse effect.

 

Section 15.(1) Every person who discharges a contaminant or causes or permits the discharge of a contaminant into the natural environment out of the normal course of events that causes or is likely to cause an adverse effect shall forthwith notify the Ministry. (An aggregate operator is required to notify the MOE if he knows the noise levels are exceeding the legal limits – the onus is clearly on the operator to control the discharge of a contaminant into the environment)

Section 9.(4) Powers of Director: The Director may refuse to issue a certificate of approval or may issue a certificate of approval on such terms and conditions as the Director considers necessary,

(a)    to ensure that any construction, alteration, extension, replacement, use or operation of a plant, structure, equipment, apparatus, mechanism or thing referred to in clause (1) (a) or that any alteration of a process or rate of production referred to in clause (1) (b) will result in compliance with this Act and the regulations and any order, approval or certificate of property use hereunder; or

(b)    on probable grounds, to prevent or alleviate an adverse effect.  R.S.O. 1990, c. E.19, s. 9 (4); 2001, c. 17, s. 2 (3).

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 9.(5)  The Director may,

(a)        alter any terms and conditions in a certificate of approval or impose new terms and conditions; or

(b)         revoke or suspend a certificate of approval,

as the Director considers necessary for the reasons set out in clause (4) (a) or (b).  R.S.O. 1990, c. E.19, s. 9 (5).

 

Summary

The combined effect of these sections related to noise clearly indicates that sound (noise) is considered a contaminant and that amounts of noise in excess of the limit prescribed by the regulations can have an adverse effect. One of the adverse effects is the loss of enjoyment of the normal use of your property. Other adverse effects that can occur are impairment of the quality of the natural environment for any use that can be made of it, harm or material discomfort to any person, and an adverse effect on the health of people living close to the aggregate operation.

It further states that the person responsible for the contaminant is not allowed to produce it, and must inform the MOE if he knowingly does so. This makes it clear that excess noise produced by an aggregate operation is illegal, and that the director (through the MNR/MOE) can impose conditions to enforce control of the excess noise.

 

Sound Level Limits Specified in MOE Noise Guidelines NPC 232, NPC 205, NPC 206 and Supporting Document (NPC 233)

 The three MOE Noise Guidelines that relate to the aggregate industry (NPC 232; NPC 205) and the associated truck traffic (NPC 206) are shown below. For each document the official statement of purpose (scope) is given first, followed by a brief clarification statement. An additional document, NPC 233, is also briefly described. It specifies the technical information that needs to be submitted for approval to operate sources of sound and vibration. More detailed analysis of each document can be viewed by clicking the appropriate links below.

1.      Sound Level Limits for Stationary Sources in Class 3 Areas (Rural) (NPC-232) (Publication 3405)

Scope:  This Publication establishes sound level limits for stationary sources of sound such as industrial and commercial establishments or ancillary transportation facilities, affecting points of reception in Class 3 Areas (Rural). The limits apply to noise complaint investigations carried out in order to determine potential violation of Section 14 of the Environmental Protection Act. The limits also apply to the assessment of planned stationary sources of sound in compliance with Section 9 of the Environmental Protection Act, and under the provisions of the Aggregate Resources Act and the Environmental Assessment Act.

This publication is used for establishing noise levels related to complaints about aggregate operations in a typical rural setting. It is directly linked to Section 9 and Section 14 in the EPA. The Aggregate Resources Act (ARA) provides links to the MNR which is responsible for the licensing and control of aggregate operations throughout the province. The Environmental Assessment Act provides the mandate to ensure that stationary sources of sound that are planned to be installed in an industrial and/or commercial establishment are assessed appropriately. The parts that are shown in boldface type indicate how the Noise Guideline relates back to the Acts that provide the force of law.

2. Sound Level Limits for Stationary Sources in Class 1 & 2 Areas (Urban) (NPC-205) Publication 3406)

Scope:  This Publication establishes sound level limits for stationary sources such as industrial and commercial establishments or ancillary transportation facilities, affecting points of reception in Class 1 and 2 Areas (Urban). The limits apply to noise complaint investigations carried out in order to determine potential violation of Section 14 of the Environmental Protection Act. The limits also apply to the assessment of planned stationary sources of sound in compliance with Section 9 of the Environmental Protection Act, and under the provisions of the Aggregate Resources Act and the Environmental Assessment Act. This Publication does not address sound and vibration produced by blasting; blasting in quarries and surface mines is considered in Reference [7] (NPC 119 - Blasting).  

This publication serves essentially the same purpose as NPC 232, except that the noise limits specified in this guideline are for use in an area where there is more human and vehicular activity than in a typical rural area. This noise guideline would be used if the aggregate operation was close to houses situated on a fairly busy highway, or near a cluster of houses where the background sound levels are slightly higher because of the presence of “urban hum”.

3. Sound Levels Due to Road Traffic (NPC-206) (Publication 3407)

Scope: This publication describes the methods to determine the One Hour Equivalent Sound Level (Leq) of sound caused by road traffic. The road traffic sound level is used to define sound level limits for the purposes of complaint investigation or approval of stationary sources of sound.

 

The methods apply at a point of reception in any community where the background sound level is dominated by the sound of road traffic, referred to as “urban hum". Highly intrusive short duration noise caused by a source such as an aircraft fly-over or a train pass-by is excluded from the determination of this background sound level.

This publication is concerned with assessing the sound levels due to road traffic alone. Typically this noise guideline would be applied in non-rural areas, on heavily travelled roads that are more likely to be encountered in or near an urban setting.

4. Information to be Submitted for Approval of Stationary Sources of Sound (NPC-233) (Publication 3404e)

Scope: This Publication is a comprehensive document that specifies technical information to be submitted for approval to operate sources of sound and vibration. It has been developed in order to provide consistency in the submissions and to streamline the review and approval process. The specified information is required for the assessment of sound and vibration impact, in compliance with the provisions of Section 9 of the Environmental Protection Act. The requirements apply to new sources as well as expansion, alteration or conversion of existing sources. Publication NPC-233 does not specify sound and vibration limits; however, proponents are required to demonstrate compliance with the sound and vibration limits, contained in other Publications, References 5 (NPC 205) and 9 (NPC 232).

Publication NPC-233 also specifies the information to be included in acoustic and vibration audit reports that may be required as part of the approval process.

This is an additional publication that specifically defines the procedures and standards to be adhered to for actually measuring the noise and vibration levels of equipment used in typical aggregate operations. The two MOE Noise Guidelines listed above (NPC 232 and NPC 205) specify the actual sound level limits that must be met by aggregate operators.