This is an automated transcription (OCR) of the captured
official document — minor recognition errors are possible; the source
document governs.
Snapshot d554ef62c560 · verified 2026-10-18 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
## THE CORPORATION OF THE MUNICIPALITY OF POWASSAN
## BYLAW #2026-24
## Being A Bylaw to Control Noise Within the Municipality of Powassan
WHEREAS the Municipal Act, S.O. 2001 as amended, Section 129 authorizes a municipality to prohibit, regulate and otherwise control noise.
AND WHEREAS Section 425(1) of the Municipal Act, 2001, S.O. c. 25 as amended, states that a municipality may pass Bylaws providing that a person who contravenes a Bylaw of the municipality passed under this Act is guilty of an offence, 2006, c. 32, Sched. A, s. 184.
AND WHEREAS Section 444 of the Municipal Act, 2001, S.O. c. 25 as amended, provides that the municipality may make an order requiring the person who contravened the Bylaw or who caused or permitted the contravention or the owner or occupier of the land on which the contravention occurred to discontinue the contravening activity, and any person who contravenes such an order is guilty of an offence;
AND WHEREAS People have a right to and should be ensured an environment free from unusual, unnecessary or excessive noise which may degrade the quality and tranquility of their life or cause nuisance;
NOW THEREFORE the Council of the Corporation of the Municipality of Powassan enacts the following:
## SECTION 1 - SHORT TITLE
- 1.1 This Bylaw shall be cited as the 'Noise Control' Bylaw.
## SECTION 2 - DEFINITIONS
- 2.1 "Appliance" means a household device whether fixed or portable;
- 2.2 "'Applicant" means a person or persons seeking an exemption of either a temporary or permanent nature from the provisions and requirements of this Bylaw;
- 2.3 "Construction" includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, moving, land clearing, earth moving, grading, excavating, the laying of pipe and conduit whether above or below ground level, street and highway building, concreting, equipment installation and alteration and the structural installation of construction components and materials in any form or for any purpose and includes any work in connection therewith;
- 2.4 "Construction Equipment" means any equipment or device designed and intended for use in construction or material handling, including but not limited to, air compressors, pile drivers, pneumatic or hydraulic tools, bulldozers, tractors, excavators, trenchers, cranes, derricks, loaders, scrapers, pavers, generators, offhighway haulers or trucks, ditchers, compactors and rollers, pumps, concrete mixers, graders, or other material handling equipment;
- 2.5 "Conveyance" includes a vehicle and any other device employed to transport a person or persons or goods from place to place but does not include any such device or vehicle if operated only within a building;
- 2.6 "Council" means the Council of The Corporation of the Municipality of Powassan;
- 2.7 "Domestic Pet" means any member of the species canis familiaris kept as a pet;
- 2.8 "Excessive Noise" means noise under human control and of such a nature as to interfere with the peace, comfort and convenience of any person. The person making the complaint must not be in or at the same place where the noise is being emitted;
- 2.9 "Emergency Vehicles and Equipment" means any emergency services vehicle including fire trucks, ambulances, police vehicles, utility emergency vehicles, loud speakers or emergency siren and any other method of acquiring the public's attention during an emergency situation or mock disaster practice scenario owned by or operation on behalf of The Municipality of Powassan, the Province of Ontario, the Government of Canada or such agencies including but not limited to Canadian National Railway, or Hydro One;
- 2.10 "Generator" means a device which consumes fuel (i.e. propane, diesel, natural gas) to produce electrical power;
- 2.11 "Highway" includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle designed and intended for, or used by, the general public for the passage of vehicles;
- 2.12 "Motorized Conveyance" means a conveyance propelled or driven otherwise than by muscular, gravitational or wind power;
- 2.13 "Noise" means unwanted sound and vibrations;
- 2.14 "Owner" means the registered owner of the land from which noise originates and also includes a trustee acting on behalf of the registered owner, the estate of a registered owner and a person with a leasehold interest in the land;
- 2.15 "Point of Reception" means any place on a property where sound or vibration is heard, the source of which does not originate from same property:
- 2.16 "Public Park" means any open space or recreational area, owned or controlled by The Corporation of the Municipality of Powassan, commission or other authority established under any statute of the Province of Ontario;
- 2.17 "Service Vehicle" means a vehicle operated by or on behalf of The Municipality of Powassan or private contractor, while such vehicle is being used in the clearing and removal of snow, sanding or salting;
## SECTION 3 - PROHIBITIONS
- 3.1 No person or owner shall emit, cause or permit the emission of noise, which is clearly audible to a person at a point of reception, resulting from an act listed in Schedule "A" - Prohibitions, within the prohibited time shown for such an act.
- 3.2 No person or owner shall emit, cause or permit the emission of excessive noise, which disrupts the normal living or working environment of a person at a point of
reception, resulting from an act listed in Schedule "A" - Prohibitions, regardless of the prohibited time as listed.
## SECTION 4 - GENERAL EXEMPTIONS
- 4.1 Notwithstanding any other provision of this Bylaw, it shall be lawful to emit or cause or permit the emission of sound or vibration in connection with emergency measures undertaken:
- a) For the immediate health, safety or welfare of the inhabitants or any of them: or
- b) For the preservation or restoration of property; unless such sound or vibration is clearly of a longer duration, or nature that is more disturbing than is reasonably necessary to accomplish such emergency purpose.
- 4.2 The operation of service vehicles.
- 4.3 Audible pedestrian signals.
- 4.4 Section 3.2 of this Bylaw shall be deemed not to apply to the following:
- a) Reasonably necessary sound or vibration related to industrial or commercial operations.
## SECTION 5 - GRANT OF EXEMPTION BY COUNCIL
- 5.1 Notwithstanding anything contained in this Bylaw, any person may make application to Council to be granted an exemption from any of the provisions of this Bylaw with respect to any source of sound or vibration for which he/she might be prosecuted. Council, by resolution, may refuse to grant any exemption or may grant the exemption applied for or any exemption of lesser effect. Any exemption granted shall specify the time period, not in excess of six (6) months during which it is effective and may contain such terms and conditions as Council sees fit.
- 5.2 In deciding whether to grant the exemption, Council shall give the applicant and any person opposed to the application an opportunity to be heard and may consider such other matters as it sees fit.
- 5.3 Breach by the applicant of any of the terms or conditions of the exemption shall render the exemption null and void.
## SECTION 6 - SEVERABILITY
- 6.1 If any section or sections of this Bylaw or parts thereof are found by a court of law to be illegal or beyond the power of Council to enact, such section or sections or parts thereof shall be deemed to be severable and all other sections or parts of this Bylaw shall be deemed to be separate and independent there from and to be enacted as such.
## SECTION 7 - CONFLICT
- 7.1 If a provision of this Bylaw conflicts with an Act or regulation or another Bylaw the provision that is the most restrictive shall prevail.
## SECTION 8 - PENALTY
- 8.1 Every person who contravenes any provision of this Bylaw is guilty of an offence and upon conviction, shall be liable to a fine of not more than five thousand ($5,000.00) dollars, as provided for in the Provincial Offences Act, R.S.O. 1990, Chapter P. 33.
## SECTION 9 - ADMINSITRATIVE CORRECTIONS
- 9.1 The Clerk of the Municipality of Powassan is hereby authorized to make any minor modifications or corrections of an administrative, numeric, grammatic, semantic or descriptive nature or kind to the Bylaw and schedule(s) as may be deemed necessary after the passage of this Bylaw, where such modifications or corrections do not alter the intent of the Bylaw.
## SECTION 10 - REPEAL
- 10.1 This Bylaw repeals Bylaw Number 2001-29
## SECTION 11 - SCHEDULES
- 11.1 The schedules to this Bylaw shall be deemed to form part of this Bylaw
## SECTION 12 - ENACTMENT
- 12.1 That this Bylaw shall take effect on the date it is passed.
READ a FIRST and SECOND time on the 14"h day of July 2026 and considered READ a THIRD and FINAL time and adopted as such in open Council the 11* day of August 2026.
<!-- image -->
<!-- image -->
Once
Mayor
dem
Clerk
## SCHEDULE A to BYLAW #2026-24
## Municipality of Powassan
## Part I Provincial Offences Act
## Bylaw #2026-24 'Noise Control' Bylaw
| | Prohibitions | Prohibited Period of Time |
|----|-----------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------|
| 1 | The operation of any electronic devices intended for the production, reproduction or amplification next day of sound. | 11:00 p.m. one day to 7:00 a.m. the |
| 2 | The operation of any auditory signaling device including but not limited to the ringing of bells or gongs and the blowing of horns or sirens or whistles. | 11:00 p.m. one day to 7:00 a.m. the next day |
| 3 | The operation of any construction equipment or in connection with construction | 9:00 p.m. one day to 7:00 a.m. the next day |
| | The operation of a toy, model, or replica of a larger device, that has no function other than amusement. | 11:00 p.m. one day to 7:00 a.m. the next day |
| 5 | The operation of any motorized conveyance other than on a highway or authorized trail. | 11:00 p.m. one day to 7:00 a.m. the next day |
| 6 | The operation of a motorized conveyance resulting in excessive noise. | 11:00 p.m. one day to 7:00 a.m. the next day |
| 7 | Persistent barking, whining or other similar persistent noise making by a domestic pet. | 11:00 p.m. one day to 7:00 a.m. the next day |
| 8 | The operation of any powered or nonpowered tool, equipment or appliance for domestic purposes other than snow removal. | 11:00 p.m. one day to 7:00 a.m. the next day |
| 9 | The operation of solid waste bulk lift or refuse compacting equipment. | 11:00 p.m. one day to 7:00 a.m. the next day |
| 10 | Yelling, shouting, hooting or hollering. | 11:00 p.m. one day to 7:00 a.m. the next day |
| 11 | Loud playing of musical instruments. | 11:00 p.m. one day to 7:00 a.m. the next day |
| 12 | The detonation of fireworks or explosive devices not used in construction. | 11:00 p.m. one day to 7:00 a.m. the next day |
| 13 | such a way as to rev the engine beyond what is equired for normal operation and maintenance | 11:00 p.m. one day to 7:00 a.m. the next day |
| | | 11:00 p.m. one day to 7:00 a.m. the next day |
## SCHEDULE B to BYLAW #2026-24
## Municipality of Powassan
## Part I Provincial Offences Act
## Bylaw #2026-24 Noise Control' Bylaw
| | ITEM COLUMN 1 Short form wording | COLUMN 2 Provision creating or defining offence | COLUMN 3 Set Fine |
|-----|------------------------------------------------------------------------------------------------|---------------------------------------------------|---------------------|
| | Permitting noise from electronic levice during prohibited time | s. 3.1 schedule A (1) | $300.00 |
| 2. | Permitting noise from auditor signaling device during prohibited | s. 3.1 schedule A (2) | $300.00 |
| | | s. 3.1 schedule A (3) | $300.00 |
| 4. | replica during prohibited time | | $300.00 |
| 5. | Permitting noise from a motorized conveyance during prohibited time | s. 3.1 schedule A (5) | $300.00 |
| 6. | Permitting noise from a motorized conveyance resulting in excessive noise | s. 3.I schedule A (6) | $300.00 |
| 7. | Permitting persistent noise from a domestic pet during prohibited time | s. 3.1 schedule A (7) | $300.00 |
| 8. | Permitting noise from any tool, equipment or appliance during prohibited time | s. 3.1 schedule A (8) | $300.00 |
| 9. | Permitting noise from solid waste bulk lift or refuse compacting. | s. 3.1 schedule A (9) | $300.00 |
| 10. | Making or permitting noise by yelling, shouting, hooting or hollering during a prohibited time | s. 3.1 schedule A (10) | $300.00 |
| 11. | Permitting noise from loud playing of musical instruments during prohibited time | s. 3.1 schedule A (1I) | $300.00 |
| 12. | Permitting noise by detonating fireworks or explosive devices during prohibited time | s. 3.1 schedule A (12) | $300.00 |
| 13. | Permitting the operation of a motorized conveyance in such a way to rev the engine | s. 3.1 schedule A (13) | $300.00 |
| 14. | Permitting noise from a domestic generator during prohibited time | s. 3.1 schedule A (14) | $300.00 |
| 15. | Cause or permit excessive noise which disrupts normal living or working environments | s. 3.2 | $300.00 |
NOTE: The penalty provision for the offence listed above is Section 61 of the Provincial Offences Act, R.S.O. 1990, c. P. 33.