Construction Noise - Request for Exemption -
Toronto Transit Commission - Sheppard Subway
The North York Community Council recommends the adoption of the following report (August 13, 1998) from the
Director of Municipal Standards, Urban Planning and Development Services, and that the request for an exemption
to the North York Noise By-law No. 31317, as amended, be approved:
Purpose:
To report on an application received from the Toronto Transit Commission requesting an exemption to North York Noise
By-law No. 31317, as amended.
Financial Implications:
There are no financial implications for the City.
Recommendation:
It is recommended that the request for an exemption to the North York Noise By-law No. 31317, be approved.
Background:
The former City of North York enacted Noise By-law No. 31317 on October 17, 1990, being a by-law to ensure an
environment free from unusual, unnecessary, or excessive sound or vibration which may degrade the quality and
tranquillity of life or cause nuisance. On February 21, 1996, the Council of the former City of North York granted a six
month noise exemption to the TTC for the purpose of subway construction.
Discussion:
As part of the Rapid Transit Expansion Program, the TTC is proceeding with the construction of the Sheppard Subway. By
way of a letter dated July 22, 1998, the TTC is requesting a further exemption form the North York construction noise
by-law. Presently, tunneling for the subway is conducted during the week from 7:00 a.m. to 12:00 midnight. The TTC
advises that upcoming work will also be required during the evening, nights and on weekends for the construction of the
Yonge station. Work conducted after 10:00 p.m. is not expected to disturb local residents.
Section 3 of North York Noise By-law No. 31317 states:
"Prohibition by Time and Place
No person shall emit or cause or permit the emission of sound resulting from any act listed in Schedule "B" hereto if clearly
audible at a point of reception located in an area of the municipality within a prohibited time shown for such an area."
The operation of any construction equipment is prohibited as follows:
A.All day Sundays and Statutory Holidays
B.7:00 p.m. one day to 7:00 a.m. next day.
Conclusions:
It is recommended that the request for an exemption from North York Noise By-law No. 31317, to permit construction
equipment to operate as requested be approved subject to the following conditions:
1.the request for an exemption from the North York Noise By-law be approved for a time period not to exceed six (6)
months; and
2.in the event the City receives construction noise complaints, they are to be referred to the Toronto Transit Commission
for investigation and the Toronto Transit Commission investigate the complaint and consider potential construction noise
mitigation for the activity conducted by their contractor(s).
Contact Name:
David Roberts, , North York
Civic Centre, 395-7020 Fax 395-7056
E-mail: Dave@City.North -York.on.ca