Item - 2018.LS24.1

The Licensing and Standards Committee recommends that:

1.  City Council direct the Executive Director, Municipal Licensing and Standards, to complete additional research and consultation for the review of Chapter 591, Noise, and to report back to the Licensing and Standards Committee by the third quarter of 2019 with recommended changes to the By-law.

2.  City Council direct the Executive Director, Municipal Licensing and Standards, to refine the consultation process with independent professional facilitators to ensure that all stakeholders are able to provide constructive and focused feedback towards the formation of a new Noise By-law for the City of Toronto.

This report provides a summary of the work accomplished to date and next steps for the review of Municipal Code, Chapter 591, Noise, which sets out specific standards for noise in the City of Toronto.

Regulating noise is a complex undertaking due to the vast array of sources of noise, competing interests, and the natural occurrence of noise that exists in a growing and vibrant City like Toronto. For many, the City is not only a place to work and rest, but also to enjoy music, festivals, and outdoor cafés. Toronto is a dense urban environment where neighbours reside in very close proximity to each other. The City is also experiencing a high volume of construction activity as housing and transportation infrastructure is being built to meet the needs of the City's growing population.

Municipal Licensing and Standards (MLS) began reviewing the Noise By-law in 2015. In 2016, MLS reported on proposed amendments to the Noise By-law to Licensing and Standards Committee. The Committee referred the report back to MLS with a request to convene a Noise Working Group (NWG) and report back with proposed amendments once the NWG had completed its review and Toronto Public Health (TPH) had completed its noise monitoring study.

Over the past year, MLS has met nine times with the NWG to review the current and proposed amendments to the Noise By-law. The NWG included a diverse group of stakeholders, including members from the Toronto Noise Coalition (TNC), representatives from the construction, manufacturing and music industries, acoustical noise engineers, and staff from different City divisions.

The NWG meetings highlighted a number of outstanding issues that require further exploration, such as the effectiveness of the general prohibition, challenges with the point of reception measurement, and whether the exemption permit process can effectively mitigate the impact of noise.

The City's approach to the enforcement of noise is also undergoing a review. Incorporated in this review is a recommendation from the Toronto Police Service Transformational Task Force Report, which outlines the modernization of policing in the City. It recommends diverting non-emergency calls to other City divisions and services. Non-emergency calls, such as noise complaints that do not require police attendance, will be directed to MLS, as the division with primary responsibility for the enforcement of the Noise By-law. MLS is actively working with Toronto Police Service (TPS) and the City Manager's Office to determine the extent of any operational and/or financial impacts that may result. A report outlining the outcomes of this review is expected at the appropriate standing committee in 2018.

The work necessary to determine the extent of any possible budgetary and staffing impacts of the increased volume in calls and service level changes is underway. In the meantime, MLS is proposing to implement a priority response approach to noise complaints in order to improve service levels, enhance the effectiveness of investigations, and use current resources more efficiently. This will allow officers to respond faster to noise events that are identified as high priority, such as those that occur with greater frequency and have a larger effect on an individual and/or community.

MLS will continue to undertake additional research and consultation to address the outstanding issues in the Noise By-law and advance the review of Chapter 591 by:

-  Procuring an independent acoustical engineering firm to provide a technical review of the current and proposed Noise By-law as well as the feedback collected from members of the NWG; 

-  Conducting broad and statistically significant public opinion research on resident attitudes, experience, and concerns with noise in the City of Toronto;

-  Pursuing additional research and data analysis, including jurisdictional best practices/approaches; and

 
-  Undertaking further consultation with internal and external stakeholders.
 

Staff will also continue to work with TPH to ensure that the Noise By-law is aligned with TPH's upcoming work on a noise management action plan, aimed at reducing exposure to ambient environmental noise over time. TPH is expected to report to the Board of Health with a noise management action plan in 2019.

MLS is planning to report on proposed changes to Chapter 591, Noise, by the third quarter of 2019, once this additional research, analysis, and consultation has been completed.