This is the exact embedded text of the captured official document.
Snapshot 7f41b99b7af1 · verified 2026-06-05 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Bylaw 8 Noise
Page 1 of 6
Short Title
1. This Bylaw shall be known as the "Noise Bylaw."
Legislative Authority and Intent
2. This Bylaw has been prepared in accordance with the provisions of the Municipal
Government Act, S.N.S. 1998, c.18 and amendments thereto. Section 172 provides
that Municipal Council may make bylaws respecting nuisances, activities and things
that, in the opinion of the council, may be or may cause nuisances, including noise.
3. This Bylaw shall apply within the boundaries of the Municipality of the County of
Annapolis.
Definitions
4. Except as provided below, terms used in this policy shall have the same meaning as
in the Municipal Government Act, or as their context applies according to a dictionary
of the English language:
(a) "construction" includes erection, alteration, repair, dismantling and demolition of
structures and includes structural maintenance, hammering, land clearing, moving
of earth, rock or felled trees, rock breaking, grading, excavating, the laying of pipe
or conduit whether above or below ground level, working with concrete, alteration
or installation of any equipment, the structural installation of construction
components or materials in any form whatsoever, the placing or removing of any
construction related materials and includes any related work, but does not include
blasting;
(b) "construction equipment" means any equipment or device designed and intended
for use in construction or material handling including but not limited to air
compressors, air tracks, pile drivers, pneumatic or hydraulic tools, bulldozers,
tractors, excavators, trenchers, cranes, derricks, loaders, backhoes, scrapers,
pavers, generators, off-highway haulers or trucks, ditchers, compactors and
rollers, pumps, concrete mixers, graders and other material handling equipment;
(c) "motor vehicle" includes an automobile, motorcycle and any other vehicle
propelled or driven otherwise than by muscular, gravitational or wind power, except
a motorized wheelchair, a vehicle running only upon rails, a farm tractor or a self-
propelled implement of husbandry, and an off highway vehicle as defined from time
to time in the Off-highway Vehicles Act;
(d) "Municipality" means the Municipality of the County of Annapolis;
(e) "point of reception" means any point on premises containing a dwelling unit
where sound, originating from other premises, including other dwelling units, is
received;
(f) "public address system" means any system comprised of one or more of the
following and in any combination: loudspeaker, amplifier, microphone, turntable,
reproducer, receiver or tuner, where such equipment is part of a system used to
reproduce or amplify sound;
Bylaw 8 Noise
Page 2 of 6
(g) "recreational vehicle" means an off-highway vehicle as defined in the Off-Highway
Vehicles Act.
Administration of Bylaw
5. Municipal Staff shall be responsible for the enforcement of this Bylaw.
6. Municipal Staff shall protect the confidentiality of all persons involved in an investigation to the
greatest extent possible, except as may be required to be disclosed for court prosecution and
in accordance with Part XX, Municipal Government Act (Freedom of Information and Protection
of Privacy).
Prohibitions and Interpretations
7. No person shall engage in any activity which is likely to generate noise or sound that
unreasonably disturbs the peace and tranquility of a neighbourhood.
8. Without limiting the generality of the activities or noises listed in Schedule "A" during the
proscribed times as set out therein are deemed to be activities which are likely to generate
noise or sound that unreasonably disturbs the peace and tranquility of a neighbourhood if
the sound resulting from the activity is audible at a point of reception.
9. Any person who, in the opinion of the Bylaw Enforcement Officer, unreasonably disturbs the
quiet of a neighbourhood commits an offence under this Bylaw. If the Bylaw Enforcement
Officer determines, upon reasonable grounds, that an activity is contravening this bylaw, the
Bylaw Enforcement Officer may give a written warning before taking any other action under
this Bylaw as they deem appropriate.
10. With respect to prosecution of this bylaw once charges have been laid, evidence that one
person is disturbed is prima facie evidence that the public, or the neighbourhood, is
disturbed.
Fixed Exemptions
11. This Bylaw does not apply to:
(a) emergency services engaged in the execution of their duties; or
(b) persons acting at the request of emergency response personnel during an actual or
apparent emergency condition; or
(c) persons involved in the repair of essential services such as electrical power, sewer
systems, water distribution and telecommunications services.
and, without limiting the generality of the foregoing, noises caused by emergency response
vehicles and air ambulances are specifically exempt from prosecution.
Bylaw 8 Noise
Page 3 of 6
12. Notwithstanding any other provisions of this Bylaw, this Bylaw shall not apply to or proscribe:
(a) the emission of sound in connection with any organized traditional, festive or religious
activity to recognize:
- New Year's Eve; or
- Victoria Day; or
- Canada Day; or
- Natal Day; or
- Remembrance Day; or
- cultural / religious holidays.
(b) noise caused by the Municipality, the Government of Canada, the Province of Nova
Scotia, the Nova Scotia Power Corporation, and telecommunication companies and their
contractors and employees when acting in the reasonable execution of their duties.
Should complaints be received regarding such activities, the complaints shall be
forwarded by staff to the appropriate senior government department or the caller shall be
provided with contact information so they may contact the department directly with their
concerns;
(c) noises in connection with organized athletic or recreational activities in municipal or public
park areas, arenas or community centres;
(d) noise from the organized and scheduled activities and events of festivals, parades, street
dances, rallies, or other community activities funded, sponsored or licensed by the
Federal or Provincial government or the Municipality (including Annapolis Valley
Exhibition);
(e) noises emitted by audible pedestrian signals;
(f) reasonable noise caused by lawfully operation of power generating equipment;
(g) reasonable noise caused by lawful forestry, fishing or agricultural activity;
(h) reasonable noise caused by construction activity pursuant to a valid building permit;
(i) noises from the lawful operation of off-highway vehicles on designated trails in
accordance with the Off-Highway Vehicles Act or Off-Highway Vehicles Regulations;
(j) noises resulting from the operation of any refrigeration unit which is attached to a
refrigeration truck if:
(1) the refrigeration truck is parked in an approved area pursuant to one of the County's
land-use bylaws; or
Bylaw 8 Noise
Page 4 of 6
(2) the refrigeration truck is located in a commercial or industrial area; or
(3) the refrigeration truck is parked on private property within 30 metres of a dwelling, the
owner of which has granted approval and the refrigeration is required to be maintained
for the purposes of safe food transport and storage.
Grant of Exemptions by Municipal Council
13. Municipal Council may, at their discretion, grant an exemption from any of the provisions of
this Bylaw with respect to the emission of noise from an industrial, institutional, commercial,
or community activity which might otherwise be prosecuted. Any exemption so granted shall:
(a) specify a time period of not greater than six (6) months during which the exemption shall
be effective; and
(b) be confirmed to the applicant in writing by the Manager of Protective Services or Bylaw
Enforcement Officer before becoming effective; and
(c) include such terms and conditions as Municipal Council deems appropriate.
14. In deciding whether or not to grant an exemption, Municipal Council shall give consideration to
the social or commercial benefit of the proposed activity, the views of adjacent residents or
property owners concerning the request, the proposed hours of operation of the proposed
noise making activity, the proposed duration of the subject activity and the type of noise
anticipated to be generated by the activity.
15. Applications for exemptions must be submitted to the Manager of Protective Services at least
sixty (60) days prior to the commencement of the activity.
16. Applications for an exemption must be accompanied by a letter of support from the owner of
each property which contains a building located within 150 meters of the property upon which
the activity or event being considered for exemption will occur.
17. Any contravention of the terms or conditions of an exemption shall constitute a contravention
of this bylaw. In addition to any other available remedies for such contravention, the Manager
of Protective Services OR Bylaw Enforcement Officer may, on reasonable and probable
grounds, suspend an exemption for a period of up to (thirty) 30 days pending Municipal Council
review of the exemption.
18. Any exemption shall be reviewable by Municipal Council at any time upon advance notice to
the applicant granted the exemption; and Municipal Council is free to revoke, suspend or
restrict the exemption with or without cause.
Penalty
19. Any person who contravenes any provision of this Bylaw is punishable on summary conviction
by a fine of not less than $200.00 and not more than $1,000 and to imprisonment of not more
than three months in default of payment thereof.
Repeals
20. S5 Noise Bylaw, adopted by the Municipality of the County of Annapolis on the 21st day of
August 2018, is hereby repealed.
Bylaw 8 Noise
Page 5 of 6
Bylaw Adoption
First Reading
June 17, 2025
Notice of Intent to Consider Bylaw (website)
June 18, 2025
Second Reading
July 15, 2025
Final Publication and Effective Date (newspaper)
July 24, 2025
THIS IS TO CERTIFY that Bylaw 8 Noise was duly approved by Council of the Municipality of
the County of Annapolis on the 15th day of July 2025.
Given under the hand of the Municipal
Clerk and the corporate seal of the
Municipality of the County of Annapolis
this 28th day of July 2025.
Dawn Campbell
Interim Chief Administrative Officer
Bylaw 8 Noise
Page 6 of 6
Schedule "A"
Prohibited on week days and Saturdays before 7:00 a.m. or after 11:00 p.m.; on a Sunday
or Holiday before 9:00 a.m. and after 11:00 p.m.:
1. The operation of an engine or motor in, or on, any motor vehicle or item of attached auxiliary
equipment for a continuous period exceeding one (1) hour unless:
(a) being used as the source of electricity for a home or business;
(b) operation of such engine or motor is essential to a basic function of the vehicle or
equipment, including but not limited to, operation of ready mixed concrete trucks, lift
platforms and refuse compactors;
(c) weather conditions justify the use of heating or refrigerating systems powered by the
motor or engine for the safety and welfare of the operator, passengers or animals, or the
preservation of perishable cargo, and where the vehicle is stationary for purposes of
delivery or loading;
(d) prevailing low temperatures make longer idling periods necessary immediately after
starting the motor or engine.
2. The operation of a recreational vehicle within 150 meters of a dwelling unit without the
consent of an adult occupant of the dwelling unit;
3. The detonation of fireworks;
4. The operation of a combustion engine which is used in or intended for use in a toy or a model
or replica of any device, which model or replica has no function other than amusement or
which is not a conveyance;
5. The operation in the outdoors of any power tool for domestic purposes other than snow
removal or gardening;
6. The loading or unloading of any containers, products, materials or refuse with the exception
of private household effects;
7. The use or operation of any commercial vacuuming equipment such as rug cleaning
equipment;
8. The operation of any public address system, television set, disc player, tape deck,
phonograph, or radio in a manner such that the sound from the equipment being operated is
audible beyond the bounds of the property from which the noise is emitted;
9. The operation of any motorized conveyance other than on a street or other place intended
for its operation;
10. The use or operation of construction equipment, except where such equipment is used or
operated on any highways;
11. The operation of a power assisted hang glider, parafoil or hot-air balloon;
12. Construction and the operation of any equipment in connection with construction;
13. All selling or advertising by shouting or outcry or amplified sound.