Request for Exemption from Noise By-law -
Toronto Transit Commission - Sheppard Subway Construction Noise -
North York Centre and Seneca Heights
The North York Community Council recommends the adoption of the following report (September 8, 1999) from
the District Manager, North, Municipal Licensing and Standards and Court Services:
Purpose:
To report on an application (August 16, 1999) 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 tranquility
of life or cause nuisance.
On October 1 and 2, 1998 and April 13, 14, and 15, 1999, Council granted six-month extensions to the original six-month
noise exemption to the TTC for the purpose of subway construction. The original noise exemption was granted on
February 21, 1996.
During 1999, overnight work will be required at several sites, including the tunnelling operation between Leslie Street and
Don Mills Road. Night work is typically required for major utility relocations or decking installation. These often require
major road lane reductions which are not acceptable during the day due to the severe traffic impact. Some night work may
also be required to achieve project milestones to ensure construction is completed on time to open the subway in 2002
(particularly at Yonge Station).
Typically, work conducted after 10 p.m. are those activities which are not expected to disturb local residents. They will
also continue to be pro-active in contacting Police, Municipal Licensing and Standards and the relevant City Councillors in
advance of any night work, and in providing a justification for such work.
In view of their responsible management of construction to date, and project schedule constraints, they respectfully request
a six-month extension of the noise by-law exemption.
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 August 16th, 1999, the TTC is requesting a further exemption from the North York Construction
By-Law. Previously, tunnelling for the subway was 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 and other locations. 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 all day Sundays and Statutory Holidays and 7:00 p.m. one day to
7:00 a.m. next day.
Conclusions:
It is recommended that the request for an exemption for North York Noise By-law No. 31317, to permit construction
equipment to operate as requested be approved, subject to the following conditions:
(1)that 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)that 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).
Reviewed by:Harold Bratten, Acting Executive Director
Municipal Licensing and Standards - UPDS
Telephone: 392-8768
