Notice of Motion - Councillor S. Devine (on behalf of Councillor S. Menard) - Ottawa’s Noise By-law and consistency with NPC-300 Environmental Noise Guideline
WHEREAS the City of Ottawa’s By-law Review Work Plan identifies regulatory by-laws for review or development in each Term of Council; and WHEREAS, pursuant to section 129 of the Municipal Act, 2001, a municipality may prohibit and regulate with respect to noise, vibration, odour and dust; and WHEREAS the City’s Noise By-law regulates noise in order to preserve, protect and promote public health, safety, welfare, and the peace and quiet enjoyment of property by residents of the City of Ottawa; and WHEREAS the Ontario Ministry of the Environment, Conservation and Parks has published provincial environmental noise guidance, including Publication NPC 300 (“Environmental Noise Guideline – Stationary and Transportation Sources – Approval and Planning”), respecting the control of noise emissions from stationary sources and related land use planning considerations; and WHEREAS one stated purpose of NPC 300 is to provide sound level limits that may be incorporated into municipal noise control by-laws developed under the Municipal Act; and WHEREAS NPC 300 distinguishes between daytime and nighttime assessment periods and recognizes that nighttime conditions are particularly sensitive for residents due to lower background sound environments and sleep related impacts; and WHEREAS residents in neighbourhoods adjacent to newly built apartment buildings, including but not limited to 275 Carling Avenue (The Clemow in Ward 17) and 1354 Carling Avenue (The Talisman in Ward 16), have reported recurring seasonal rooftop mechanical and air conditioning noise that may be inconsistent with the recommendations of NPC 300, but that has not resulted in an actionable enforcement outcome under the City’s current Noise By law; and WHEREAS similar concerns have been raised in Ward 9, including situations where residents of 330 Titan Private and 120 Grant Carman Drive report late night and overnight rooftop mechanical and refrigeration noise originating from a nearby commercial property, that may also be inconsistent with the recommendations of NPC 300, but that have likewise not resulted in an actionable enforcement outcome under the City’s current Noise By law; and WHEREAS municipal noise by-laws are primarily designed as complaint driven enforcement instruments and, in practice, enforcement outcomes can depend on whether noise exceeds prescribed thresholds at the time and location of measurement, which may unintentionally create expectations among residents that by-law enforcement alone can resolve technical stationary source noise conflicts; and WHEREAS NPC 300 emphasizes a proactive approach to minimizing conflicts between noise sensitive land uses and stationary noise sources at the earliest stages of land use planning and development approvals, suggesting that planning stage controls—such as equipment siting, noise studies, and mitigation measures secured through development approvals—may in some cases be more effective than after the fact enforcement alone; THEREFORE BE IT RESOLVED that staff include a review of the Noise By-law, including any disparities with the recommendations of the NPC-300 guideline, as an item for consideration as part of the development of the By-law Review Work Plan to be approved by the next term of Council.