Item - 2022.EC30.4

The Executive Director, Municipal Licensing and Standards recommends that:  

Technical amendment

1. City Council add a provision to section 2.4 - Loading and unloading of Toronto Municipal Code Chapter 591, Noise, to reflect new provincial limits on the City's authority, as follows:

B. In accordance with section 115.1 of the City of Toronto Act, 2006, Subsection A does not apply to the delivery goods to the following, except as otherwise authorized by a regulation made under that section:

(1) Retail business establishments.

(2) Restaurants, including cafes and bars.

(3) Hotels and motels.

(4) Goods distribution facilities.

Vehicle noise:

2. City Council request the Government of Ontario to increase fines for violations of modified exhaust and excessive vehicle noise under the Highway Traffic Act, and that a violation result in demerit points.

3. City Council request the Executive Director, Municipal Licensing and Standards to inform licensed car repair facilities, through educational communications, that muffler cut-outs, straight exhausts, gutted mufflers, Hollywood mufflers, by-passes or similar devices are prohibited under the  Highway Traffic Act, and that all licensed establishments must comply with federal, provincial and local regulations as a condition of licensing.

4. City Council direct the Executive Director, Municipal Licensing and Standards to report back during the Noise Bylaw Review in 2023 regarding developments on motor vehicle noise (including complaint levels and locations, results of enforcement blitzes, and other actions noted in this report) as well as an assessment of additional options to support a reduction in motor vehicle noise, including setting a decibel limit for stationary motor vehicles (excluding emergency services).

5. City Council direct the Executive Director, Municipal Licensing and Standards to continue to monitor technology developments related to automated noise enforcement / noise radar, and to report back during the Noise Bylaw Review in 2023 on any developments.

Leaf blowers/small engine equipment:

6. City Council amend Toronto Municipal Code Chapter 591, Noise, section 2.6 – Power devices, as follows:

1. Amend sub-section A, to further restrict when power devices can be used by extending the prohibition from 7 a.m. to 8 a.m. on weekdays that are not statutory holidays.

2. Amend sub-section B, which exempts golf courses and public parks, to exempt all City operations (including services contracted by the City).

7. City Council direct the Executive Director, Municipal Licensing and Standards to initiate public education efforts, for the summer of 2022, about the appropriate use of lawn equipment such as leaf blowers.

8. City Council direct the Executive Director, Municipal Licensing and Standards to report back during the Noise Bylaw Review in 2023 regarding options for setting decibel limits for power devices.

Timeline for Bylaw changes

9. City Council direct that the amendments to City of Toronto Municipal Code Chapter 591, Noise, described in recommendation 1 come into effect immediately and the amendments in recommendation 6 come into effect July 1, 2022.

Toronto Municipal Code, Chapter 591, Noise (the Noise Bylaw) provides standards for noise, and applies to all properties in Toronto. Chapter 591 regulates episodic types of noise, which generally relate to the day-to-day activities of residents and businesses, including temporary events and construction. It must balance the desires of all residents to enjoy their homes and environments, and in a City as large and vibrant as Toronto, certain levels of noise are reasonable and reflect life in a densely populated city.

This report responds to outstanding directives from Toronto City Council since amendments to the Noise Bylaw were adopted in 2019. These directives relate to the feasibility of restricting noise from two-stroke engine leaf blowers and similar equipment and strategies to reduce excessive vehicle noise in Toronto, including automated noise radar. The report also discusses ongoing operational improvements.

A full review of the Noise Bylaw is expected in 2023. The review will assess the amendments made in 2019, including the effectiveness of the current decibel limits for amplified sound, trends in complaints and resolutions, and opportunities to strengthen enforcement. This provides sufficient time for broad public consultation, and to review a consecutive number of months of complaint data. The review was delayed due to the redirection of bylaw enforcement services during the COVID-19 pandemic, which resulted in the suspension of responses to noise service requests in spring and summer 2020, and limitations imposed by the province on the City's authority to regulate noise during the pandemic. For example, limit(s) on the City's authority to regulate noise were in place from March 2020 to October 2021, meaning that 19 months of noise complaint data is limited.

This report sets out several recommendations related to outstanding directives. To respond to excessive vehicle noise, Municipal Licensing and Standards conducts joint enforcement blitzes with Toronto Police Traffic Services. Municipal Licensing and Standards is taking action to enhance upcoming enforcement blitzes and will focus on problem areas based on service requests and in-field data. Given public concerns with excessive vehicle noise, City staff recommend that Council requests the Government of Ontario increase the fine amounts for modified exhausts and unnecessary vehicle noise under Ontario's Highway Traffic Act, and assign demerit points to the offences. In addition, staff will be educating licensed car repair facilities of relevant prohibitions under the Highway Traffic Act related to vehicle modifications that contribute to excessive vehicle noise and will report back during the 2023 Noise Bylaw Review on progress of the above actions and an assessment of options to introduce a decibel limit for stationary motor vehicles.

To respond to Council's request to assess the feasibility of automated noise radar equipment, Municipal Licensing and Standards undertook research on the equipment as well as consulted with jurisdictions that are conducting pilots. Through this research, it was determined that the equipment cannot accurately discern between sources of noise and is not reliable enough to be used as evidence in enforcing the bylaw. Municipal Licensing and Standards will continue to monitor the evolution of the equipment, and will report back with any developments.

In response to various Council directives, City staff from Municipal Licensing and Standards , Parks, Forestry and Recreation, and Transportation Services assessed options to restrict noise from two-stroke leaf blowers and other small-engine equipment. This report addresses the issue from the perspective of noise concerns and proposes several actions to respond to feedback from the public. This report recommends further restricting the time prohibition for power device noise by one hour and initiating public education efforts on proper equipment use and encouraging uptake of electric devices. Staff do not recommend a ban on two-stroke small engine equipment from a noise perspective. Compared to other noise categories, such as amplified sound and construction, complaints from leaf blowers and other equipment remain low. Municipal Licensing and Standards will explore the feasibility of including decibel limits for power devices during the Noise Bylaw Review in 2023.

This report also includes a technical amendment to the “Loading and Unloading” section of the Noise Bylaw to include new provincial limitations to the City's authority to prohibit or regulate noise made in connection with deliveries to retail stores, restaurants, hotels/motels and distribution facilities.

Public feedback via email was open between March 30, 2022 and April 20, 2022 regarding small-engine equipment and concerns with excessive vehicle noise in Toronto. This report was developed in consultation with Parks, Forestry and Recreation, Transportation Services, Environment and Energy, and Toronto Police Service.

There are no current or known future year financial impacts arising from the recommendations contained in this report. The cost of the public education campaign in summer 2022 will be accommodated within approved operating budgets for Municipal Licensing and Standards.

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the statement as identified in the Financial Impact section.