Bill 113 2003

An Act to amend the
Public Transportation and
Highway Improvement Act
with respect to noise remediation

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. Section 26 of the Public Transportation and Highway Improvement Act, as amended by Statutes of Ontario, 1998, chapter 15, Schedule E, section 31 and 2002, chapter 17, Schedule F, Table, is amended by adding the following subsections:

Noise level assessment

(2.1) Where the Minister constructs, extends or alters a highway, the Minister shall undertake an assessment of the noise level on the highway after the completion of the construction, extension or alteration.

Noise abatement

(2.2) Where the noise level on a highway that is subject to a noise level assessment exceeds the standard for acceptable noise level as established by the Minister under subsection (2.3) by five decibels or more, the Minister shall undertake remedial action to reduce the noise level to at least the acceptable level and shall complete all work necessary to reduce the noise level to the acceptable level within three years after the highway is constructed, extended or altered.

Setting noise levels

(2.3) The Minister shall establish standards for acceptable noise levels for the operation of highways, which standards may vary according to the class of highway.

Application of the Regulations Act

(2.4) The standards for acceptable noise levels are not a regulation for the purposes of the Regulations Act, but the Minster shall publish such standards in The Ontario Gazette.

Injurious affection

(2.5) Nothing in this section affects the rights of the owner of land to be compensated for loss or damage caused by injurious affection, as defined in the Expropriations Act.

Commencement

2. This Act comes into force on the day it receives Royal Assent.

Short title

3. The short title of this Act is the Public Transportation and Highway Improvement Amendment Act (Noise Remediation), 2003.

EXPLANATORY NOTE

The Bill amends the Public Transportation and Highway Improvement Act to require that the Minister assess the noise levels on highways after their construction, extension or alteration. Where the noise levels exceed the acceptable level by five decibels or more, the Minister is obliged to take all necessary steps to reduce the noise to an acceptable level within three years. The Bill also requires that the Minister establish and publish standards for acceptable noise levels for the operation of highways.