Limiting municipalities from regulating noise related to the delivery of goods to certain businesses

ERO number
019-2514
Notice type
Act
Posted by
Ministry of Municipal Affairs and Housing
Notice stage
Decision
Decision posted
Comment period
October 7, 2020 - November 21, 2020 (45 days) Closed
Last updated

This consultation was open from:
October 7, 2020
to November 21, 2020

Decision summary

Bill 215: Main Street Recovery Act, 2020 made changes to the Municipal Act, 2001 and City of Toronto Act, 2006. It limits municipalities from regulating noise related to the delivery of goods to retail establishments, restaurants including cafes and bars, hotels/motels and goods distribution facilities, except as otherwise authorized by regulation.

Decision details

Bill 215: Main Street Recovery Act, 2020 led by the Ministry of Economic Development, Job Creation and Trade, received Royal Assent on November 30, 2020.

Once proclaimed, Schedules 1 and 3 of the Act amend the Municipal Act, 2001 and City of Toronto Act, 2006 to limit municipalities from regulating noise related to the delivery of goods to retail establishments, restaurants including cafes and bars, hotels and motels and goods distribution facilities, except as otherwise authorized by regulation.

The changes also create new regulation-making authority for the Minister of Municipal Affairs and Housing to:

  • authorize municipalities to regulate noise related to the delivery of goods to the specified businesses noted above
  • prescribe conditions and limits to the exercise of those powers, including authorizing municipalities to exercise those powers in specified parts of the municipality
  • further define the categories of businesses identified above

The Environmental Registry of Ontario posting was made by the Ministry of Municipal Affairs and Housing, in conjunction with the Ministry of Economic Development, Job Creation and Trade.

Comments received

Through the registry

13

By email

1

By mail

0
View comments submitted through the registry

Effects of consultation

Who we heard from

The ministry considered all feedback received on this posting. A total of 14 comments were received concerning proposal notice 019-2514, including:

  • 11 comments from individuals
  • 2 comments from municipalities
  • 1 comment from a business association

In addition, comments and presentations made to the Standing Committee on Finance and Economic Affairs on Bill 215 were also considered. The Committee heard from 12 organizations that provided comments on this proposal, including:

  • 6 business associations
  • 2 municipalities
  • 2 environmental sector associations
  • 1 retail sector association
  • 1 transportation sector association

What we heard

Feedback we received on this proposal broadly supported:

  • the proposed changes
  • considerations related to the types of businesses covered by the provisions
  • flexibility for municipalities to regulate further in response to local circumstances

A summary of the feedback we received is as follows:

  • broad support for enabling 24/7 delivery of goods to specified businesses in light of potential benefits related to supply chain certainty/efficiency and keeping shelves stocked
  • previous pilot projects have shown that enabling the delivery of goods in off-peak hours may also lead to a range of environmental benefits, including:
    • reduced travel times and fuel consumption
    • reduced greenhouse gas and other emissions from trucks and other vehicles associated with congestion
    • impact of noise from deliveries on residential neighbourhoods should be considered and addressed as part of the proposed changes
  • clarifying language should be added to indicate overnight deliveries to waste transfer facilities near residential areas are excluded from the proposal
  • municipal authority to further regulate noise to address local circumstances be provided, as well as access to an effective complaints management system
  • a consistent approach to regulating delivery noise should be taken for businesses across all (rather than selective) sectors

How feedback impacted the decision

Given broad support and potential benefits identified in the feedback we received, no changes were made to the original proposal, which received Royal Assent on November 30, 2020.

The changes come into force on a day to be named by proclamation of the Lieutenant Governor.

Feedback we received with respect to the types of businesses covered by the provisions and flexibility for municipalities to regulate further in response to local circumstances will be considered as part of implementing this proposal. Specifically, as indicated in the Environmental Registry of Ontario (ERO) posting, the government will use the ERO to consult broadly, including on any associated regulations being made, before these changes come into force.

Supporting materials

View materials in person

Important notice: Due to the ongoing COVID-19 pandemic, viewing supporting materials in person is not available at this time.

Please reach out to the Contact listed in this notice to see if alternate arrangements can be made.

Local Government Policy Branch
Address

777 Bay St., 13th Flr.
Toronto, ON
M7A 2J3
Canada

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Contact

Jasmine Gujral

Email address
Office
Local Government Policy Branch
Address

777 Bay St., 13th Flr.
Toronto, ON
M7A 2J3
Canada

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Original proposal

ERO number
019-2514
Notice type
Act
Posted by
Ministry of Municipal Affairs and Housing
Proposal posted

Comment period

October 7, 2020 - November 21, 2020 (45 days)

Proposal details

Through the Main Street Recovery Act, 2020, led by the Ministry of Economic Development, Job Creation and Trade, proposed amendments to the Municipal Act, 2001 and City of Toronto Act, 2006 would limit municipalities from regulating noise related to the delivery of goods to retail establishments, restaurants including cafes and bars, hotels and motels and goods distribution facilities, except as otherwise authorized by regulation.

The changes would also create a new regulation-making authority for the Minister of Municipal Affairs and Housing to authorize municipalities to regulate noise related to the delivery of goods to the specified businesses noted above and to prescribe conditions and limits to the exercise of those powers, including authorizing municipalities to exercise those powers in specified parts of the municipality.

A new Minister’s regulation-making authority is also proposed to further define the categories of businesses identified above.

The proposed changes, if enacted, would come into force at a later date.

If the proposed amendments to the Municipal Act, 2001 and the City of Toronto Act, 2006 are enacted, the government will be consulting broadly, including through the Environmental Registry of Ontario, prior to these changes coming into force and any associated regulations being made.

This notice was posted by the Ministry of Municipal Affairs and Housing, in conjunction with the Ministry of Economic Development, Jobs Creation and Trade.

Supporting materials

View materials in person

Important notice: Due to the ongoing COVID-19 pandemic, viewing supporting materials in person is not available at this time.

Please reach out to the Contact listed in this notice to see if alternate arrangements can be made.

Local Government Policy Branch
Address

777 Bay St., 13th Flr.
Toronto, ON
M7A 2J3
Canada

Comment

Commenting is now closed.

This consultation was open from October 7, 2020
to November 21, 2020

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