Noise By-laws: Preventing Vagueness and Uncertainty

Pursuant to section 129 of the Municipal Act, 2001, S.O. 2001, c. 25, municipalities in Ontario have the authority to prohibit and regulate noise by passing and enforcing by-laws that regulate noise disturbances. In drafting such by-laws, municipalities must take care to ensure that the parameters of what is and what is not permitted are clearly set out, as Ontario Courts have struck down noise by-laws in their entirety where the Court has determined that the by-laws were vague and uncertain.


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