Notice of Motion on Provincially Mandated Construction Hours

Moved by Councillor J. Leiper
Seconded by Councillor C. McKenney

WHEREAS on April 8, 2020, the Provincial Government made regulation 131/20 under the Municipal Act, 2001 stating that for 18 months 1. For the purposes of section 451.1 of the Act, a municipality does not have power to prohibit and regulate with respect to noise made in connection with the following:
1. Construction projects and services in a municipality associated with the healthcare sector, including new facilities, expansions, renovations and conversion of spaces that could be repurposed for health care space, at any time of the day or night.
2. Any other construction activity in a municipality between the hours of 6 a.m. and 10 pm; and

WHEREAS Ottawa’s Noise By-Law 2017-255 prohibits for construction sites or heavy equipment to operate in any structure, highway or building:
• Monday-Saturday: Between 10 pm and 7 am
• Sundays and holidays: Between 10 pm and 9 am; and

WHEREAS the same By-law Further limits are placed on the demolition and construction of buildings in established residential neighbourhoods and infill construction is not permitted:
• Weekdays: Between 8 pm and 7 am
• Weekends and holidays: Between 7 pm and 9 am; and

WHEREAS 295 complaints have been received by the City concerning construction projects that have begun before 7 am on weekdays and 9 am on weekends and holidays; and,

WHEREAS the mental and other health impacts of construction beginning at 6 am, seven days a week is being keenly felt by residents across Ottawa; and,

WHEREAS the issue of municipal control of by-laws is expected to be put before the Ontario Legislature in the coming weeks, asking the Government to restore to municipalities control of their noise by-laws;

THEREFORE BE IT RESOLVED that Council direct the Mayor to write to Premier Ford and Municipal Affairs and Housing Minister Steven Clark requesting that control of construction hours noise revert to the control of municipalities.

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