Regulating Noise - When it is not music to the ears…
Noise is one of the classic irritants that drives neighbours
crazy. While not a "pollutant" in the traditional sense of a
"chemical" or "substance", noise is "emitted" into the natural
environment and is regulated under environmental laws. But the
law generally responds only to extreme cases, and not to
ordinary annoyances.
What is noise?
Generally, noise means a sound that disturbs the quiet, peace,
enjoyment or comfort of people in the vicinity. Noise can come
from a stationary source (e.g., industrial operations, fixed
equipment, air conditioners, construction work), mobile sources
(road traffic, aircraft and trains; your neighbour’s chainsaw)
and may be generated by people and animals (e.g., shouting,
music, parties, barking dogs). Sometimes all it takes is the
tinkling of a wind chime to enrage a neighbour.
What is sound?
Sound has two basic characteristics, frequency (pitch, measured
in wave cycles per second, or hertz) and intensity (loudness,
measured by sound pressure level, in a logarithmic scale called
decibels). Most of us can hear sounds within a frequency range
of 20-20,000 Hz, and we vary in our tolerance of loud sounds:
zero dB represents the (approximate) threshold of normal
hearing. Generally, sounds of up to 60dB are quiet (e.g., normal
conversation, singing birds), while 100 dB is extremely loud
(e.g., lawnmower, inside of subway train); 120 dB is
uncomfortably loud (e.g., amplified rock music, jackhammer) and
the threshold for human ear pain is 140 dB (e.g., jet plane at
takeoff, shotgun blast).
Does noise impact health?
Yes, according to Health Canada’s 1998 report, The Health and
Environment Handbook for Health Professionals: Health and
Environment. Noise can affect hearing loss, sleep disturbances,
decreased school or job performance and even language learning.
Toronto’s Health Effects of Noise (2000) says that physiological
reactions to noise may lead to cardiovascular disease.
Who regulates noise?
Federal laws set noise standards for consumer products,
equipment and vehicles. For example, the Motor Vehicle Safety
Act & regulations mandate maximum exterior sound levels for
vehicles, as well as interior sound levels for certain large
trucks and buses. The Canada Labour Code regulates occupational
noise in federally regulated workplaces.
Health Canada sets standards of acceptable occupational and
environmental noise, and spearheaded development of the
(voluntary) standard Noise Emission Declarations for Machinery.
Provincial laws
Many provincial laws affect noise. For example, provinces set
occupational limits for most workplaces. "Unnecessary" noise
from vehicle horns is prohibited by the Highway Traffic Act;
alas, the annoying backup beeps on heavy trucks are a safety
feature, and therefore "necessary".
Noise from most stationary sources (such as factories) is
controlled under the Environmental Protection Act (EPA). They
are prohibited from discharging excess noise into the natural
environment without a permit, called a "certificate of
approval". There are extensive MOE guidelines on noise
approvals, and factories with sensitive neighbours must often
spend large sums to control noise. Nevertheless, neighbourhood
conflicts often arise because of poor land-use planning. Most
provinces recommend setbacks or buffer zones between noisy
industries and subdivisions, but setbacks may not be large
enough and are difficult to enforce. As a result, existing noise
sources often find themselves with serious noise problems after
new subdivisions are built next door.
Municipalities
Neighbourhood disputes over noise are usually left to the
municipality (especially those relating to dogs, music, honking
horns, etc.), and most municipalities do have noise bylaws.
However, one of the central problems with regulating noise is
how to define it. For example, Guelph defines noise as "sound
that is of such a volume or nature that it is likely to disturb
the inhabitants of the City" and Toronto’s simply as "unwanted
sound".
As a result, it is often a judgment call whether a particular
noise has breached the bylaw. This can make municipal noise
bylaws difficult and expensive to enforce. But the Supreme Court
of Canada recently held that municipalities can successfully
prosecute persistent noisy, disruptive, recalcitrant businesses,
such as nightclubs with blaring music.
When nothing else will do
When a noise bylaw isn’t effective, sometimes a municipality has
other options. For example, Toronto waged a long, expensive, but
ultimately successful war against a noisy nightclub under the
Liquor Licence Act. Holders of an outdoor liquor license must
not permit their noise to disturb nearby residents.
Nevertheless, for a decade, loud music roared across the Toronto
Harbour late into the night from Docks on Cherry. Island
residents complained bitterly, and charges were laid repeatedly
under the noise bylaw, all without effect. Nothing changed until
the City persuaded the Alcohol & Gaming Commission to revoke the
liquor license.
This took an immensely expensive, 26 day hearing, followed by an
appeal to the courts. But eventually, the defiant nightclub sold
out to a new buyer, who got its license renewed by coming to
terms with the neighbours. The new license requires the bar to
ensure that no sound from their premises be ever audible to the
community. Noise levels must be tested, and the operator pays
for a monitor who roams the community to immediately report any
noise, and to respond to complaints. (See in Re Polson Pier
Entertainment Inc.)
Conclusion
For those who suffer from severe noise impacts, federal,
provincial, and municipal laws may help. But for ordinary
annoyances, such as your neighbour’s barking dog, people usually
have to find some way to get along.
For resources on the regulation of noise, go to
www.envirolaw.com.
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