By-laws & Enforcement

Industrial Commercial Proactive Pilot Project

The Industrial Commercial Proactive Pilot Project was approved in November 2023 by City Council to investigate and help mitigate the impacts of industrial and commercial properties on adjacent neighbourhoods. As a result, the City of Hamilton, Municipal Law Enforcement will now respond to by-law complaints relating to industrial and commercial properties city wide.

Noise, Dust and Mud Tracking

Noise - After reporting an Industrial or Commercial Noise Concern, an officer will be assigned to review and investigate the type of noise and determine which agency and legislation is most appropriate to be applied to the situation. An officer will connect with you directly, if able, to gather all pertinent information as part of their review. Noise By-law 11-285.

Dust - The City of Hamilton currently regulates construction dust under certain circumstances, including in some demolition permits and site plan approvals. In these cases a dust control plan may be required. A dust control plan includes access road/ramp, mud mats, street sweeping, etc. Applicants must demonstrate in the plan how they will control dust and mud on and off-site, specifically with respect to the public right of way. Dust Mitigation During Construction & Demolition.

Mud Tracking - The City of Hamilton Streets By-law regulates Mud-tracking. Fouling the highway or mud tracking is when a vehicle spills or tracks mud, soil or building materials when leaving or entering a property, onto a city street. Streets By-law 86-077.

In addition, these agencies have further regulations pertaining to land and air, as well as impacts of industrial and commercial properties.

Ministry of the Environment, Conservation and Parks

Ministry of Labour

Province of Ontario

Hamilton Police Services

The Ministry of Environment, Conservation and Parks plays a crucial role in regulating and overseeing various environmental aspects within the province of Ontario

The Ministry of the Environment (MECP) is responsible for protecting clean and safe air, land and water to ensure healthy communities, ecological protection and sustainable development for present and future generations.

To cut down on noise pollution, the Ministry regulates noise from industrial an industrial source or renewable energy sources.

Industrial sources include:

heavy machinery or equipment
ventilation equipment
heating, ventilation and air condition systems (HVAC)
compressors
dust collectors
onsite truck traffic
refrigeration trucks

Renewable energy sources include:

wind turbines
solar farms
bioenergy projects

Through the Environmental Protection Act, the MECP regulates contaminants released to the natural environment by industrial and commercial facilities. These facilities must apply for an environmental approval through the MECP. Facilities that have air emissions, including particles emitted into air such as dust, must comply with Ontario’s Local Air Quality Regulation (O.Reg 419/05).

The MOECC also monitors air pollution data, in real time, through Air Quality Ontario.

For more information contact, the reporting hotline toll-free, 24 hours a day, 7 days a week at 1-866-MOE-TIPS (663-8477) or contact a duty officer via the local Hamilton MECP Office at Tel: (905) 521-7650. Online reporting tool.

The MECP does not have jurisdiction over municipal by-laws. However, if a municipal by-law conflicts with guidance provided by the Environmental Protection Act (EPA), the EPA guidance prevails.

Noise encountered in the workplace is regulated by the Ontario Ministry of Labour.

The Occupational Health and Safety Act, enforced by the Ministry of Labour, regulates dust if it is a hazard to workers.

During the pandemic, the Ontario government approved emergency rules to allow 24-hour deliveries to retail stores, hotels, restaurants or goods distribution facilities. In 2021, the province made those rules permanent and removed the power of municipalities to manage delivery noise.

The municipality has no jurisdiction over this type of noise.

Any noise complaints that include a risk to safety, should be directed to non-emergency reporting at Hamilton Police Services.

Date modified

November 01, 2024