Search Results for: noise

MOE explains its new Noise Guideline, NPC 300

Last month, the Ministry of the Environment’s new noise guideline came into force: NPC 300 – the new Environmental Noise Guideline: Stationary and Transportation Sources – Approval and Planning. It replaces the three old guidelines, LU-131, NPC-205, and NPC-232. NPC 300 includes new mitigation options, definitions, and a new land use class. Last week we had the opportunity to attend…

More details on the new NPC 300 noise guideline

Ontario’s updated Noise Guideline, NPC 300, mentioned in yesterday’s post, is not identical to the draft posted for comments in 2010. For example, there will be no Class 5 areas. The Ministry of the Environment describes the changes from the original draft as follows:

Good news: updated Ontario noise guideline

After three years of consideration, the Ontario Ministry of the Environment has adopted a more up-to-date guideline for assessing noise impacts.   “Environmental Noise Guideline Stationary and Transportation Sources – Approval and Planning, Publication NPC-300” is now in force. See NPC 300 or go to the Environmental Registry website at www.ebr.gov.on.ca and enter Registry Number 011-0597

An introduction to the law of noise pollution

Dianne gave a well received introduction to the law of noise pollution at the Ontario Bar Association’s Halloween breakfast. Topics included what is noise, who regulates it, how the Environmental Protection Act applies, enforcement under the EPA,  bylaws and the OMB, and civil suits for nuisance. For a copy of the presentation (minus the scary soundeffects)…

Another noise lawsuit

A group of Calgary residents have launched another civil lawsuit, trying to force a local chicken processing plant (Lilydale) to slash noise and odour. The statement of claim asks the Alberta Court of Queen’s Bench to order Lilydale to stop night-time trucking at its Hurst Road plant, limit odour pollution, and fully enclose chicken waste bins.…

Lawsuit for noise and odour

Noise and odour are frequent sources of neighbourhood disputes. Sometimes those disputes can be resolved by turning to regulators, such as the Ministry of the Environment or municipal bylaw enforcement officers. Often, however, that isn’t enough. Some then turn to the courts.

Noise Bylaws

Noise pollution has been around for a long time. There’s even a reference going back to the 3rd millennium B.C., in The Epic of Gilgamesh: “The uproar of mankind is intolerable and sleep is no longer possible by reason of the babble.” Noise, often defined as unwanted sound, is not always determined by the loudness…

Energy East Pipeline v Belugas, Part 2

The threatened white beluga whales of the St. Lawrence or high-noise pipeline work? Earlier this month we blogged about Justice Claudine Roy’s decision granting a temporary injunction to environmental groups, blocking Energy East Pipeline Ltd. and TransCanada Pipelines Ltd. from conducting exploratory work in the St. Lawrence River near Cacouna, QC until October 15, when a…

Quebec Court Recognizes Precautionary Principle for Belugas

Quebec Superior Court Justice Claudine Roy granted a temporary injunction on September 23, 2014, stopping Energy East Pipeline Ltd. and TransCanada Pipelines Ltd. from conducting exploratory work in the St. Lawrence River near Cacouna, QC until October 15, after a critical period for beluga whale reproduction has passed. The injunction was sought by environmental groups…

Herbicide Spray Drift a “Normal” Farm Practice?

Organic farmers in Nova Scotia filed a lawsuit against a neighbouring farm for damages allegedly caused by a herbicide which drifted onto their property. In particular, the plaintiffs claimed that the herbicide caused damage to their crops, the miscarriage of four horses, and personal injury. The defendant farmer claimed immunity under section 10(1) of Nova…

Wind opponents lose health challenges around the world

A recent report  by the Energy and Policy Institute documents the rejection of anti-wind health claims by 48 courts and tribunals in Canada, Australia, New Zealand, the United Kingdom, and the US. In one anomalous US case,  two turbines which had had a known problem were ordered to be shut down 12 hours a day, four hours…

Tribunal cracks down on non-expert anti-wind “experts”

Ontario’s Environmental Review Tribunal approved another wind farm on December 24, 2013, in Bovaird v. Director, Ministry of the Environment. In addition to rejecting the Charter argument, described earlier this week, Bovaird was notable for a slightly tougher approach to witnesses who propose “expert” anti-wind evidence in areas beyond their expertise.