H.W.O. Doyle, LL.B., LL.M.

City Solicitor

Legal Services

55 John Street

Stn.1260, 26th Flr., Metro Hall

Toronto ON M5V 3C6

Tel: (416) 392-8040

Fax: (416) 397-5624

August 13, 1998

To:North York Community Council

From:H.W.O. Doyle

Subject:Construction Noise By-law Violations

Purpose:

As directed, to report on available measures "...such as a bond which would be forfeited upon conviction for violation of a noise by-law, to discourage developers from blatantly ignoring city by-law."

Funding Sources, Financial Implications and Impact Statement:

N/A

Recommendation:

It is recommended that this report be received as information.

Council Reference/Background/History:

Report No. 6 of the North York Community Council Clause No. 28 (p).

Comments and/or Discussion and/or Justification:

A resolution adopted by North York Community Council directs me to report on measures, such as a bond which would be forfeited upon conviction for violation of a noise by-law, that are available to discourage developers from violating construction noise by-laws.

The violation of a by-law constitutes an offence that is punishable under the Provincial Offences Act. On conviction, the Court can impose a fine of up to five thousand dollars ($5,000.00) for each offence. The purpose of the fine, of course, is both to punish the offence and to discourage the offender or others from re-offending.

The Provincial Offences Act constitutes a complete code for a prosecution and punishment of offences to noise by-laws. There is no authority for the City to impose an additional penalty of the kind suggested or of any other kind.

There may, however, be one step the City could take to help City prosecutors obtain meaningful fines against first offenders. On the issuance of every building permit, the builder could be issued an information sheet notifying the builder of the requirements of the construction noise by-law. If that were done as a matter of practice, the Courts might be more inclined to impose a significant fine for a first offence.

Conclusions:

There is no authority for the City to impose additional penalties upon those convicted of by-law offences. There may, however, be opportunities to attempt to ensure that the penalties imposed by the Courts on offenders are sufficient to deter further offending.

Contact Name:

George M. Dixon

(fax 392-0005)

(e-mail gdixon@city.toronto.on.ca)

(tel. 392-7221)

H.W.O. Doyle

City Solicitor

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