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The Corporation of The Municipality of Northern Bruce
Peninsula
By-Law No. 2026-22
A By-Law to Regulate or Prohibit Noise Within the Municipality
of Northern Bruce Peninsula
WHEREAS Section 9 of the Municipal Act, 2001, R.S.O. 2001, as amended, provides
that a municipality has the capacity, rights, powers and privileges of a natural person
for the purpose of exercising its authority under this or any other Act;
AND WHEREAS Section 10(1) of the Municipal Act 2001, R.S.O. 2001, c. 25, as
amended, provides that a municipality may provide any service or thing that the
municipality considers necessary or desirable for the public;
AND WHEREAS Section 10(2) of the Municipal Act, 2001, R.S.O. 2001, c. 25, as
amended, provides that a municipality may pass by-laws respectively in:
Section 10(2)(5) - economic, social and environmental well-being of the municipality,
and
Section 10(2)(6) - health, safety and well-being of persons, and
Section 10(2)(8) protection of persons and property, and
Section 10(2)(9) - animals;
AND WHEREAS Section 129(a) of the Municipal Act, 2001, R.S.O. 2001, as
amended, provides that, without limiting Sections 9, 10 and 11 of the Act, a
municipality may prohibit and regulate with respect to noise, vibration, odour, dust
and outdoor illumination;
AND WHEREAS Section 398 of the Municipal Act, 2001, R.S.O. 2001, c. 25, as
amended, provides that fees and charges imposed by a municipality constitute a
debt of the person to the municipality and that the Treasurer may add amounts
owing to the tax roll.
NOW THEREFORE the Council of the Corporation of the Municipality of Northern
Bruce Peninsula enacts as follows:
Section 1 - Definitions
For the purpose of this by-law, the following definitions shall apply:
"Agricultural Operation" means as contained in the Farming and Food Production
Protection Act, 1998, S.O 1998 c.1 as amended, or any successor legislation.
"Animal" means any member of the animal kingdom, other than a human, and without
limiting the generality of the foregoing, includes dogs, cats and birds.
"By-law Enforcement Officer" means a person appointed to enforce the provisions of
this by-law within the Municipality.
"Council" means the Council of the Corporation of the Municipality of Northern Bruce
Peninsula.
"Construction" mean the erection, alteration, repair, dismantling, demolition, structural
maintenance, painting, moving, land clearing, earth moving, grading, excavating,
logging, the laying of pipe and conduit whether above or below ground level, street
and highway building, concreting, equipment installation and alteration and structural
installation of construction components and material in any for or for any purpose and
includes any work in connection therewith.
"Construction Equipment" means any equipment or device designed and intended
for the use in construction work or material handling including, but not limited to, a
bulldozer, excavator, trencher, jack hammer, crane, loader, scraper, paver,
compactor, roller, grader, concrete mix, grader, off-highway haulers or trucks,
tractors, ditchers, air compressors, pile drivers, pneumatic or hydraulic tools,
generators and pumps.
"Generator" means any portable or stationary device that produces electrical power
and is powered by an internal combustion engine or other mechanical means and
includes all auxiliary equipment that emits sound during operation.
"Holiday" means any holiday as set out as a holiday in the Retail Business Holidays
Act, R.S.O. 1990, c. R.30 or any successor thereof.
"Idling" means the operation of a combustion engine of a vehicle while the vehicle is
not moving forward or in reverse and not being used to operate auxiliary equipment
essential to basic operation of the vehicle.
"Noise" means sound that is of such a volume or nature that it is likely to disturb the
inhabitants of the Municipality.
"Municipality" means the Corporation of the Municipality of Northern Bruce
Peninsula.
"Zoning By-law" means the Comprehensive Zoning By-law as adopted by Council
and as amended from time to time.
Section 2 - General Provisions
1)
Without the express permission of the Council of the Municipality and/or to
warn of danger or emergency, no person shall ring any bell, blow or sound any
horn, shout or make any unusual noise(s) likely to disturb the inhabitants of the
Municipality allow or permit such noises to be made.
2)
Any person who owns property in the Municipality is liable for allowing noise to
be made by person(s) on said premises, providing the owner of said premises
has been notified that said noise is taking place and has taken no action to
remedy the situation.
Section 3 - General Prohibitions
1)
Without limiting the generality of this by-law, the following noises are deemed
to be noises likely to disturb the inhabitants of the Municipality:
(a)
Persistent noise made by a pet or harboured animal, mammal, bird or
reptile except an animal used for the guarding of livestock and located
on a property of an agricultural or livestock-based use as set out in the
Municipality's Zoning By-Law.
(b)
Loud playing of any radio, public address system, amplified sound
producing device or other sound device which can be heard by any
other person(s) within the Municipality between the hours of 11:00 p.m.
through to 8:00 a.m.
(c)
Noise caused by excessive acceleration of a combustion engine or
squealing of vehicle tires.
(d)
Noise caused by a defective or improperly installed muffler system on a
combustion engine.
(e)
Noise caused by construction and use of construction equipment
between 9:00 p.m. of any day and 7:00 a.m. of the next following day
(or 9:00 a.m. if the following day is a Sunday or holiday)
(f)
Noise caused by the detonation of fireworks except when authorized by
the Fire Chief or his/her designate.
(g)
The idling of an engine, whether in a motor vehicle or not, for a period
longer than twenty (20) minutes.
(h)
Shouting or loud speaking in or adjacent to any public street or place.
(i)
The sound caused by the use or operation of a lawnmower, chain saw,
leaf blower or any other such noise-generating tool or device that is
clearly audible between 10:00 p.m. and 7:00 a.m. the next following
day (or 9:00 a.m. if the following day is a Sunday or holiday).
(j)
The noise associated with unloading, loading, packing, delivering or
otherwise handling any container, product or material unless necessary
for the maintenance of essential services or the moving of a private
household between 11:00 p.m. of any day and 7:00 a.m. of the next
following day (or 9:00 a.m. if the following day is a Sunday or holiday).
(k)
The noise associated with the operation of waste and refuse collection
machinery, waste and refuse storage equipment/facilities/containers or
waste and refuse compacting equipment between 11:00 p.m. of any day
and 7:00 a.m. of the next following day (or 9:00 a.m. if the following day
is a Sunday or holiday).
(l)
Where a generator is the only available source of electrical power, the
owner or operator shall ensure the generator is surrounded by a
barrier, enclosure, or other sound-mitigation measure sufficient to
reasonably minimize disturbance to occupants of nearby properties.
Section 4 - General Exemptions
1)
This By-law does not apply to:
(a)
during an emergency, jeopardizing the health, safety or welfare of the
public.
(b)
when the Municipality, its servants, employees, contractors or agents
are carrying out Municipal operations or operating, maintaining or
installing Municipally owned infrastructure, facilities or the like, except
for the detonation of explosives.
(c)
noise created by the activity of snow removal.
(d)
the use of implements of husbandry in the operation of agricultural
endeavors.
(e)
the operation of excavation, when used in a cemetery in conjunction
with interment services.
(f)
in all areas of the Municipality designated as agricultural in its
Comprehensive Zoning By-law.
(g)
the ringing or sound of church bells or chimes.
(h)
auditory safety or warning by church bells or chimes.
(i)
working service animals such as hearing dogs, seeing eye dogs or other
similar working animals from allowing those animals to make the sounds
required in the course of their working duties.
(j)
the authorized use of fireworks pursuant to existing by-laws with the
Municipality.
(k)
any activity or function approved by the Municipality.
(l)
the operation of a generator during a severe or adverse weather event
or other emergency where the generator is required to provide
temporary electrical power for health, safety, or essential services.
Section 5 - Short Title
This By-law may also be known as the Noise By-law.
Section 6 - Penalty
1)
Every person who contravenes any provision of the By-law is guilty of an
offence and, upon conviction, is liable to the penalty specified by the Provincial
Offences Act, R.S.O 1990, c. P.33, as amended.
2)
No person shall obstruct or interfere with an Officer in the lawful execution of
his/her duty enforcing the provisions of this By-law.
3)
Where an Officer has reasonable grounds to believe that an offence under this
By-law has been committed by a person(s), the Officer may require the name,
address, and proof of identity of that person(s) and the person(s) shall supply
the required information.
4)
No person shall provide false information or give a false statement to an
officer, employee and/or agent of the Municipality in the lawful exercise of
power or duty under this by-law.
Section 8 - Validity
If, for any reason, any section, clause or provision of this By-law is deemed by
a court of competent jurisdiction to be invalid, the same shall not affect the
validity of the By-law as a whole or any part thereof other than the part which
was declared to be invalid.
Section 8 - Repeal
That Bylaw 2018-37 is hereby repealed.
Section 9 - Effective Date
THAT this by-law shall come into force and take effect on May 1, 2026.
Read a First, Second and a Third Time, Finally Passed This 23rd Day of February
2026.
Original document signed by Mayor, Milt McIver, and Clerk, Alexandra Croce.
The Corporation of The Municipality of Northern Bruce Peninsula
Part I Provincial Offences Act
By-law No. 2026-xx : Noise Regulation
Item COLUMN 1
Short Form Wording
COLUMN 2
Provisions Creating
or Defining Offence
COLUMN 3
Set Fines
1
Persistent Noise
By a Pet
s.3 (1)(a)
$ 300.00
2
Noise made between 11:00 p.m.
and 8:00 a.m.
s.3 (1)(b)
$ 300.00
3
Noise from combustion
engine
s.3 (1)(c)
$ 300.00
4
Noise from defective
Combustion engine
s.3 (1)(d)
$ 300.00
5
Noise caused from
construction equipment
s.3 (1)(e)
$ 300.00
6
Noise caused by fireworks
s.3 (1)(f)
$ 300.00
7
Noise caused by idling
Engine
s.3 (1)(g)
$ 300.00
8
Noise caused by shouting
s.3 (1)(h)
$ 300.00
9
Sounds by lawn mower,
chain saw, leaf blower or
other noise generating tool
or device when prohibited
s. 3 (1)(i)
$300.00
10
Noise associated with the
operation of waste and
refuse collection
machinery
s. 3 (1)(k)
$300.00
11
ensure the generator is
surrounded by a barrier,
enclosure, or other
sound-mitigation measure
sufficient to reasonably
minimize disturbance to
occupants of nearby properties
s. 3 (1)(l)
$750.00
12
Obstructed/Interfered
with Officer while
performing his/her duties
S. 6 (2)
$750.00
13
Provide false information
S. 6 (4)
$750.00
NOTE: The penalty provisions for the offence indicated above is contained in Section 6 of
By-law No. 2026-xx. A certified copy of which has been filed.