Bill 244 2010

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

Note: This Act amends the Public Transportation and Highway Improvement Act.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.

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

   1.  The Public Transportation and Highway Improvement Act is amended by adding the following section: 

Standards respecting acceptable noise levels on highways

   26.0.1  (1)  The Minister shall establish standards respecting acceptable noise levels on highways and may establish different standards for different classes of highways.  

Legislation Act, 2006, Part III

   (2)  Part III (Regulations) of the Legislation Act, 2006 does not apply to standards established by the Minister under subsection (1).

Publication of standards

   (3)  The Minister shall publish the standards established under subsection (1) in The Ontario Gazette.

Assessment of noise levels on highways

   (4)  If the Minister constructs, extends or alters a highway under subsection 26 (1), the Minister shall, after the construction, extension or alteration is completed, assess the noise level on the highway. 

Remedial action

   (5)  If the Minister determines under subsection (4) that the noise level on the highway exceeds the applicable standard established under subsection (1) by five decibels or more, the Minister shall,

  (a)  undertake remedial action to reduce the noise level to less than or equal to the standard; and

  (b)  complete the remedial action described in clause (a) within three years after the construction, extension or alteration is completed. 

Injurious affection

   (6)  Nothing in this section affects the rights of an owner of land to be compensated for loss or damage caused by injurious affection under the Expropriations Act.

Regulations

   (7)  The Lieutenant Governor in Council may make regulations,

  (a)  providing for the powers, duties and functions of the Minister and other persons or bodies in relation to the standards established under subsection (1);

  (b)  respecting transitional matters relating to the construction, extension or alteration of a highway that began before the coming into force of subsection (5) that, in the opinion of the Lieutenant Governor in Council, are necessary or desirable to facilitate the implementation of this section.

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), 2010.

EXPLANATORY NOTE

The Bill amends the Public Transportation and Highway Improvement Act to require the Minister to assess noise levels on highways after they are constructed, extended or altered.  The Minister is also required to establish standards respecting the acceptable noise levels on highways, and to publish the standards in The Ontario Gazette.  If the Minister determines that the noise level on a highway exceeds the standards for the acceptable noise level by five decibels or more, the Minister is required to take remedial action to reduce the noise to be less than or equal to the standard within three years.