This is the exact embedded text of the captured official document.
Snapshot ab75ca232acd · verified 2026-06-10 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
The Corporation of the Municipality of West Grey
Bylaw No. 2025-100
A bylaw to prohibit and regulate noise within the Municipality of West Grey.
WHEREAS section 5 of the Municipal Act, S.O. 2001, c.25, as amended (the "Act"),
provides that a municipal power, including a municipality's capacity, rights, powers and
privileges under section 9, shall be exercised by bylaw unless the municipality is
specifically authorized to do otherwise; and
WHEREAS section 8 provides that the powers of a municipality shall be interpreted
broadly to enable it to govern its affairs as it considers appropriate and to enhance the
municipality's ability to respond to municipal issues; and
WHEREAS section 9 of the Act 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 11 of the Act provides that a lower-tier municipality may pass
bylaws respecting matters within the spheres of jurisdiction set out therein, inter alia;
health, safety, and well-being; and
WHEREAS section 129 of the Act provides that, without limiting sections 9 and 11, a
local municipality may prohibit and regulate with respect to noise and may prohibit
noise unless a permit is obtained from the municipality and may impose conditions for
obtaining, continuing to hold and renewing the permit; and
WHEREAS section 425 of the Act provides that any person who contravenes any bylaw
of the municipality is guilty of an offence; and
WHEREAS section 444 of the Act provides that a municipality may make an order
requiring a person who contravened a 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
WHEREAS on November 18, 2025, the Council of The Corporation of the Municipality
of West Grey passed Resolution No. R-251118-011 directing staff to bring forward the
subject bylaw for approval and to repeal Bylaw No. 55-2016; and
WHEREAS the Council of the Corporation of the Municipality of West Grey deems it
expedient and in the public interest to pass a bylaw to prohibit and regulate noises;
NOW THEREFORE the Council of the Corporation of the Municipality of West Grey
hereby enacts as follows:
Part I. Short Title, Purpose, and Scope
Short Title
1.
This bylaw may be referred to as the 'Noise Bylaw' and when so referenced
includes all future amendments, unless otherwise specified.
Purpose
2.
This bylaw has been enacted to safeguard the quality of Municipal communities
and neighbourhoods, protect the health and well-being of the public, and ensure
the continued enjoyment of the Municipality by residents and visitors.
Scope
3.
This bylaw applies to all residents and visitors to the Municipality, but does not
apply to:
a. The Municipality, including municipal events, operations, services, or
activities;
b. The County of Grey;
c. The Province of Ontario;
d. The Dominion of Canada; or
e. A public utility in the performance of its duties.
4.
This bylaw applies to all noise, except noise related to:
a. A public emergency involving the health, safety or welfare of the public;
b. Sport, entertainment, or recreational events authorized by the
Municipality;
c. Snow-removal equipment or activities while in the process of removing
snow;
d. "normal farm practice" as defined in the Farming and Food Production
Protection Act, 1998, S.O. 1998, c. 1;
e. The operation of excavation equipment when used in a cemetery in
conjunction with interment services;
f. Noise between the hours of 7:00 a.m. and 7:00 p.m. resulting from any
permitted uses within a Commercial Zone, as defined by the
Municipality's Zoning Bylaw, and is not otherwise regulated within this or
any other Municipal bylaw or agreement; and
g. Any activity for which a noise permit under this bylaw has been issued.
Part II. Interpretation
Headings
5.
The division of this bylaw into parts and the insertion of headings are for
convenient reference only and do not affect the interpretation of the bylaw.
Number
6.
In this bylaw, unless contrary intention is indicated, words used in the singular
include the plural.
Reference to Applicable Law
7.
All references to applicable law are ambulatory and apply as amended,
extended or re-enacted from time to time.
Severability
8.
In the event any provisions of this bylaw are deemed invalid or void, in whole or
in part, by any court of competent jurisdiction, the remaining terms and
provisions shall remain in full force and effect.
Definitions
9.
For the purposes of this bylaw:
"Active Development" means where construction is ongoing on a property in
relation to an application for a Plan of Subdivision or a Site Plan application that
has been approved by the Municipality;
"Cemetery" means lands set aside and approved by the Bereavement Authority
of Ontario for the interment of human remains;
"Clerk" means the Clerk of the Corporation of the Municipality of West Grey, or
their designate;
"Construction" means the 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 installing of construction components and materials in any
form or for any purpose, includes any work in connection therewith and this
definition excludes any "Domestic Works" as defined within this bylaw;
"Construction Equipment" means any equipment or device designed and
intended for use in Construction or material handling, including but not limited to,
air compressors, power saws, belt sanders, powered drills, jackhammers, pile
drivers, pneumatic or hydraulic tools, bulldozers, tractors, excavators, trenchers,
cranes, derricks, loaders, scrapers, pavers, generators, off highway haulers or
trucks, ditchers, compactors and rollers, pumps, concrete mixers, graders, or
other material handling equipment and any other similar equipment;
"Domestic Works" means any construction, renovation or repair being completed
by an owner to their own property;
"Holiday" means any holiday set out as a holiday in the Retail Business Holidays
Act, R.S.O. 1990, c. R.30 or any successor legislation;
"Municipality" shall mean the Corporation of the Municipality of West Grey and
its employees.
"Officer" means person appointed as a Municipal Law Enforcement Officer, or a
Police Officer, or other individual duly appointed to enforce this bylaw;
"Persistent" means, in reference to barking, howling, calling, whining, squawking
or other sound-making by an animal or bird, continuously or intermittently for an
aggregate period of at least 10 minutes out of any 60-minute period;
"Person" means an individual, corporation, partnership, association, or other
legal entity, and the related heirs, executors, assignees and administrators;
"Property Maintenance Tools" means specialized tools for mowing, trimming or
landscaping and includes but is not limited to powered or nonpowered tools,
lawnmowers, hedge trimmers, whipper-snippers, leaf blowers, chain saws,
power washers, power assisted sweepers and vacuums, but does not include
snow-removal equipment;
"Public Utility" means a company that provides a public service such as water,
sewer, electricity, internet or telephone services;
"Site Alteration" means activities such as removal of topsoil from land, the
placement or dumping of fill on land, the alteration of the grade of land or
excavation by any means including the removal of vegetative cover, the
compaction of soil or the creation of impervious surfaces, or any combination of
these activities that would change the landforms and natural vegetative
characteristics of land.
Part III. Prohibitions and Permits
Prohibitions
10. Subject to section 11, no person may create, cause or permit any noise likely to
disturb the inhabitants of the Municipality.
11. No person may emit, cause, or permit noise created by an activity set out in
Column 1 of Schedule 'A' to this bylaw, except during the periods of time set out
in Column 2 of Schedule 'A'.
12. No person may, at any time, emit, cause or permit noise created by:
a. The squealing of tires;
b. The use of a horn, whistle, alarm, bell, gong or the like, except for an
auditory safety or warning device or chimes used in association with a
religious establishment;
c. The detonation of explosives;
d. The operation of equipment that is not in proper working order, including
but not limited to an air conditioner, pool pump or filter, or heat pump;
e. The operation of a combustion engine without an effective exhaust
muffling device in proper working order;
f. The operation of a vehicle radio, stereo, or similar device at an excessive
volume, in the opinion of the Officer;
g. the persistent barking, howling, calling, whining, squawking or other
similar persistent noise-making by any domestic pet or any other
animal(s) or bird(s) kept or used for any purpose other than agriculture,
provided that the agricultural use is permitted under the Municipality's
Zoning Bylaw; or
h. The discharge of firearms for hunting purposes on Sunday.
13. Notwithstanding subsection 12(g) above, if at the time of sound by an animal(s)
or bird(s) a person or other animal or bird is trespassing or threatening to
trespass upon the private property on which the animal is situated, the sound-
making is deemed not to be an infringement of this bylaw.
Permits
14. Notwithstanding any other section of this bylaw, any person may apply to the
Clerk, in writing, for a permit to engage in activity that would otherwise be
prohibited by this bylaw.
15. The Clerk may consider a permit application or forward the application to
Council to make the final decision on whether to grant or refuse the application
and any conditions that may accompany the permit.
16. A permit application must be provided to the Clerk at least 45 days prior to the
date that the activity will begin, and the application must include:
a. the name and address of the applicant;
b. a description of the proposed noise;
c. the location at which the proposed noise will take place;
d. the period of time for which a permit is sought;
e. reason(s) why the permit should be granted; and
f. the applicable fee, pursuant to the Municipality's Fees and Charges
Bylaw.
17. Upon receiving a permit application, the Clerk will notify neighbours within a 60
m area of:
a. the proposed noise;
b. the ability to provide comments on whether a permit should be granted;
and
c. the date that comments are due to the Municipality.
18. In considering an application for a permit, the Clerk or Council will have regard
to the following:
a. the description of the proposed noise;
b. public comments relating to the proposed noise;
c. the location of where the proposed noise will take place;
d. the period of time for which the permit is being sought;
e. the reasons why the applicant thinks the permit should be granted; and
f. any applicable Municipal bylaws or policies.
19. After considering the merits of a permit application, the Clerk or Council may:
a. issue a permit;
b. issue a permit, subject to certain terms or conditions; or
c. refuse to issue a permit.
20. Where a permit is issued, the permit will specify any terms or conditions of the
permit and the period of time during which the permit is effective.
21. A permit may be immediately revoked by the Clerk if an applicant, or any person
acting on the applicant's behalf:
a. provided false or misleading information on the permit application
submitted to the Municipality;
b. violates this bylaw;
c. violates any other Municipal bylaw or policy; or
d. violates any of the terms or conditions of a permit.
Part IV. Investigations
Inspection
22. The Municipality may enter on land at any reasonable time for the purpose of
carrying out an inspection to determine whether or not the following are being
complied with:
a. this bylaw; or
b. an order made under section 431 of the Municipal Act.
23. For the purposes of conducting an inspection pursuant to section 22 of this
bylaw, the Municipality may, in accordance with the provisions of section 436 of
the Municipal Act:
a. require the production for inspection of documents or things relevant to
the inspection;
b. inspect and remove documents or things relevant to the inspection for the
purpose of making copies or extracts;
c. require information from any person concerning a matter related to the
inspection; and
d. along or in conjunction with a person possessing special or expert
knowledge, make examinations or take tests, samples or photographs
necessary for the purpose of the inspection.
24. Every person who is required by an Officer to provide identification must identify
themselves to the Officer by giving their full and correct name, date of birth, and
address.
25. No person shall obstruct, hinder, or otherwise interfere with an Officer while
performing their duty pursuant to this bylaw.
Order to Discontinue Activity
26. Where an Officer has reasonable grounds to believe that a contravention of this
bylaw has occurred, the Officer may make an order requiring the person who
contravened this 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.
27. An order under section 26 of this bylaw must set out:
a. reasonable particulars of the contravention adequate to identify the
contravention and the location of the land on which the contravention
occurred; and
b. the date by which there must be compliance with the order.
28. Any person who contravenes an order under section 26 of this bylaw is guilty of
an offence.
Work Order
29. Where an Officer has reasonable grounds to believe that a contravention of this
bylaw has occurred, the Officer may make an order requiring the person who
contravened this bylaw, or who caused or permitted the contravention, or the
owner or occupier of the land on which the contravention occurred, to do work to
correct the contravention.
30. An order under section 29 of this bylaw must set out:
a. reasonable particulars of the contravention adequate to identify the
contravention and the location of the land on which the contravention
occurred;
b. the work to be done; and
c. the date by which the work must be done.
31. An order under section 29 of this bylaw may require work to be done even
though the facts which constitute the contravention of this bylaw were present
before this bylaw came into force.
32.
Any person who contravenes an order under section 29 of this bylaw is guilty of
an offence.
Notice
33.
Any order issued pursuant to this bylaw may be given in writing in any of the
following ways and is effective:
a. on the date on which a copy is delivered to the person to whom it is
addressed;
b. on the fifth day after a copy is sent by mail to the person's last known
address;
c. upon the sending of a copy by e-mail transmission to the person's last
known email address; or
d. posting on the premises, on the date of posting.
34.
For the purpose of section 33, a person's last known address and last known
email address are deemed to include information on the last revised assessment
roll and on a permit application submitted pursuant to this bylaw.
Remedial Action
35.
If a person fails to do a matter or thing, including comply with an order under
bylaw, as directed or required by this bylaw, the Municipality may, in default of it
being done by the person directed or required to do it, do the matter or thing at
the person's expense. The Municipality may recover the costs of doing a matter
or thing from the person directed or required to do it by action or by adding the
costs to the tax roll and collecting them in the same manner as municipal taxes.
36.
The costs outlined in section 35 of this bylaw shall include interest calculated at
a rate of 15 percent per annum, calculated for the period commencing on the
day the Municipality incurs the costs and ending on the day the costs, including
the interest, are paid in full.
37.
The amount of the costs, including interest, constitutes a lien on the land upon
the registration in the proper land registry office of a notice of lien. The lien is in
respect of all costs that are payable at the time the notice is registered plus
interest accrued to the date the payment is made. Upon receiving payment, the
Municipality will register a discharge of the lien in the proper registry office.
Part V. Offence and Penalty
38.
Every person who contravenes the provisions of this bylaw is guilty of an offence
and, upon conviction, is liable to a fine or penalty as provided for in the
Provincial Offences Act.
Part VI. Repeal and Effective Date
Repeal
39.
Bylaw No. 55-2016 and any amendments thereto are repealed.
Effective Date
40.
The bylaw shall come into full force and effect on March 1, 2026, at which time
all bylaws, policies, and resolutions that are inconsistent with the provisions of
this bylaw are hereby repealed, revoked or rescinded, as the case may be,
insofar as it is necessary to give effect to the provisions of this bylaw.
Passed and enacted by the Council of the Municipality of West Grey this 2nd day of
December, 2025.
Mayor Kevin Eccles
Jamie M. Eckenswiller, Clerk
By signing this bylaw on December 2, 2025, Mayor Kevin Eccles will not exercise the
power to veto this bylaw.
Original signed
Original signed
Bylaw 2025-100
Schedule A - Permitted Noise by Time
Column 1
Column 2
Item
Activity
Permitted Periods of Time
1.
The operation of a radio, television,
stereo or other electronic device including
any amplification device, or any musical
or other sound producing instrument.
7:00 a.m. - 11:00 p.m.
weekdays
8:00 a.m. - 11:00 p.m.
weekends
2.
Yelling, shouting or similar activities.
7:00 a.m. - 11:00 p.m.
weekdays
8:00 a.m. - 11:00 p.m.
weekends
3.
The venting or release of steam, the
operation of a generator or air filtration
system, noise from grinding, milling, the
operation of machinery, or similar
activities.
7:00 a.m. - 11:00 p.m.
weekdays
8:00 a.m. - 11:00 p.m.
weekends and holidays
4.
The operation of waste collection
machinery or refuse compacting
equipment.
7:00 a.m. - 9:00 p.m.
5.
Usage of Property Maintenance Tools
7:00 a.m. - 9:00 p.m.
6.
The operation or use of any Construction
Equipment for Domestic Works, other
than snow removal
6:00 a.m. - 9:00 p.m.
weekdays
8:00 a.m. - 9:00 p.m.
weekends and holidays
7.
The operation or use of any Construction
Equipment in connection with
Construction activities or with Site
Alteration within an Active Development.
6:00 a.m. - 7:00 p.m.
weekdays
8:00 a.m. - 7:00 p.m.
Saturdays
Prohibited Sundays and
holidays