This is the exact embedded text of the captured official document.
Snapshot 50d87af07d3e · verified 2026-06-09 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
THE MUNICIPAL CORPORATION OF THE TOWNSHIP OF MACHAR
BY-LAW NO. _47-11_
Being a by-law to prohibit and regulate certain noises
within the Township of Machar.
WHEREAS Section 129 of the Municipal Act, 2001 permits a local municipality to prohibit and
regulate noise;
WHEREAS Section 121 of the Municipal Act, 2001 permits a local municipality to prohibit and
regulate the setting off of fireworks;
WHEREAS the people have a right to and should be ensured an environment free from unusual,
unnecessary or excessive sounds or vibrations which may degrade the quality and tranquility of
their life or cause nuisance; and
WHEREAS it is the policy of the Council to reduce and control such sound and vibration.
NOW THEREFORE the Council of the Corporation of the Township of Machar enacts as follows:
Interpretation
1. In this by-law,
1: Council - "Council" means the Council of the Municipal Corporation of the Township of
Machar;
2: Fireworks - "Fireworks" means:
(a) Low hazard fireworks classed as subdivision 1 of Division 2 of Class 7 Fireworks under
the Explosives Act (Canada) and the Regulations enacted thereunder which are generally
used for recreation and include fireworks showers, fountains, golden rain, lawn lights,
pin wheels, roman candles, volcanoes, sparklers, Christmas crackers and caps for toy
guns.
(b) High hazard fireworks classed as subdivision 2 of Division 2 of Class 7 Fireworks
under the Explosives Act (Canada) and the Regulations enacted thereunder which are
generally used for recreation and include rockets, serpents, shells, bombshells,
tourbillions, maroons, large wheels, bouquets, barrages, bombardos, waterfalls,
fountains, batteries, illumination, set pieces, pigeons and firecrackers.
3: Minister - "Minister" means the Minister of the Environment & Energy;
4: Ministry - "Ministry" means Ministry of the Environment & Energy;
5: Motor Vehicle - "Motor Vehicle" includes an automobile, motorcycle and any other
vehicle propelled or driven otherwise than by muscular power; but does not include the
cars of electric or steam railways, or other motor vehicles running only upon rails, or a
motorized snow vehicle, traction engine, farm tractor, self-propelled implement of
husbandry or road-building machine within the meaning of The Highway Traffic Act;
6: Municipality - "Municipality" means the land within the geographic limit of the
municipal Corporation of the Township of Machar;
7: Noise - "Noise" means unwanted sound;
8: Point of Reception - "Point of Reception" means any point on the premises of a person
where sound or vibration originating from other than those premises is received;
9: Residential Area - "Residential Area" means those areas of the municipality identified in
the zoning by-law to be "residential", "seasonal residential", "shoreline residential" and
"rural residential".
Prohibited by Time and Place
2. No person shall emit or cause or permit the emission of sound resulting from an act listed
herein, and which sound is clearly audible at a point of reception:
1: The operation in any residential area between 6:00 p.m. in the evening and 10:00 a.m. in
the morning of a combustion engine which is, or is used in, or is intended for use in a toy
or model or replica that has no function other than amusement and which is not a
conveyance.
2: The operation in the municipality between 11:00 p.m. in the evening and 10:00 a.m. in
the morning of any electronic device or group of connected electronic devices
incorporating one or more loudspeakers or other electro-mechanical transducers, and
intended for the production, reproduction or amplification of sound.
3: The operation in the municipality between 11:00 p.m. in the evening and 10:00 a.m. in
the morning of any auditory signaling device, including but not limited to the ringing of
bells or gongs and blowing horns or sirens or whistles, or the production, reproduction
or amplification or any similar sounds by electric means except where required or
authorized by law or in accordance with good safety practices.
4: The operation in any residential area between 11:00 p.m. in the evening and 6:00 a.m. in
the morning of an engine or motor in, or on, any motor vehicle or item of attached
auxiliary equipment for a continuous period exceeding five minutes, while such vehicle is
stationary unless: (a) the original equipment manufacturer specifically recommends a
longer idling period for normal and efficient operation of the motor vehicle in which case
such recommended period shall not be exceeded; or (b) 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 the vehicle is stationary for purposes or delivery or loading; or (c) prevailing
low temperature make longer idling periods necessary immediately after starting the
motor or engine.
5: Persistent barking, calling or whining or other similar persistent noise-making in the
municipality between 11:00 p.m. in the evening and 10:00 a.m. in the morning by
domestic pet or other animal kept or used for any purpose other than agriculture.
6: Loading, unloading, delivering, packing, unpacking or otherwise handling, in any area in
the municipality between 11:00 p.m. in the evening and 7:00 a.m. in the morning, any
containers, products, materials or refuse, whatsoever, unless necessary for the
maintenance of essential services or the moving of private households effects.
7: The operation or use in the municipality between 9:00 p.m. in the evening and 7:00 a.m.
in the morning of any tool for domestic purposes other than snow removal.
8: The detonation of fireworks between 11:00 pm in the evening and 10:00 am in the
morning.
Public Safety
3. Notwithstanding any other provision of this by-law, it shall be lawful to emit or cause or
permit the emission of sound or vibrations in connection with the emergency measures
undertaken:
1: For the immediate health, safety or welfare of the inhabitants or any of them; or
2: For the preservation or restoration or property.
Unless such sound or vibration is clearly of a longer duration or nature more disturbing,
than it is reasonably necessary for the accomplishment of such emergency purpose.
Severability
4. If a court of competent jurisdiction should declare any section or part or a section or this by-
law to be invalid, such section or part or a section shall not be construed as having persuaded or
influenced Council to pass the remainder of the by-law shall be valid and shall remain in force.
Penalty
Every person who contravenes any of provision of this by-law is guilty of an offense and shall be
subject to a penalty in accordance with the Provincial Offences Act.
Enactment
This by-law shall be enacted upon the day in which it receives third and final reading and is
finally passed by the municipality. By-Law No. 19-95 is hereby repealed.
THIS BY-LAW READ A 1ST, 2ND AND 3RD TIME AND FINALLY PASSED THIS 12th DAY OF December,
2011.
________________________________
Mayor Doug Maeck
_________________________________
Clerk-Administrator Brenda Paul, AMCT