Public Transportation and Highway Improvement Amendment Act (Noise Remediation), 2010 Caplan, David — Bill 244 (39th Parliament, 1st Session)

Bill 244, 39-1

Ontario — Bills

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Bill 244, Public Transportation and Highway Improvement Amendment Act (Noise Remediation), 2010

Caplan, David

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[39] Bill 244 Original (PDF)

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.

Date Bill stage Activity Committee

February 17, 2010

First Reading

Carried

Debates and Progress

First Reading

February 17, 2010

Committee

Second Reading

Committee

Third Reading

Royal Assent :

Coming into force :

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Document details

Collection	Ontario — Bills
Citation	Bill 244, 39-1
Type	bill
Volume / chapter	p39 s1 bill 244 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	37cb84589e275803ec235ac4f69dd6a465699d2a

Source file is stored in the law ingest library (html).