Beaconsfield must ptotect the environment on it’s territory
The city of Beaconsfield can and must manage the noise and toxic fumes on it’s territory. It has the power and the duty to regulate this health issue.
The city of Beaconsfield participates in several activities with an environmental flavor. Why are noise and air pollution along the highway not taken care of by the city of Beaconsfield like elseywhere in Quebec?
23.1 A variable geometry responsibility? Really?
The mayor of Beaconsfield answered this question on July 9, 2018 during the public meeting of the city council in his statement concerning by-law BEAC-034-5 on leaf blowers. He recognizes that there is a pollution problem hurting his citizens, but he refuses to take part of the responsibility:
« The project of the sound wall along the south side of Highway 20 is not only a pollution issue, but also a financial issue, which would definitely have been resolved by now if we had it our way [i.e. at no cost for the city]. […] this file will also generate big discussions among ourselves. For some, it is important for health reasons, while others say that it is unnecessary and too expensive. »
The mayor said “UNNECESSARY” ??? Did he read and understand the scientific reports and studies? In other words, we regulate leaf blowers because it costs us nothing! But we will do nothing to protect one third of our population because it will cost us!?!
This statement implies that the noise barrier is OPTIONAL, while for thousands of residents, the Minister and the MTQ, it is a NECESSITY!
From a moral point of view, there is no significant difference between making sick and not doing everything in our power to avoid illness. This position of the mayor seems IMMORAL.
The health of the citizens of Beaconsfield is THE PRIORITY.
23.2 Noise is a contaminant according to the law on the quality of the environment
In Quebec, the Ministry of the Environment is responsible for monitoring and controlling noise. According to article 1 of the Environment Quality Act (LRQ, chap. Q-2), noise is considered to be a contaminant likely to affect the quality of the environment.
“All citizens of Quebec have the right to the quality of the environment, to its protection “
In cases of litigation, judges and lawyers usually refer to the third part of article 20 of the same law. This indicates that a contaminant, such as noise, can be prohibited if it is “likely to harm the life, health, security, well-being or comfort of human beings. .. “.
The Environment Quality Act therefore recognizes noise as a contaminant liable to alter the quality of the environment. This law also makes it possible to monitor and control environmental noise (art. 94), in addition to prescribing standards both outside and inside buildings (art. 95).
23.3 No noise standard to comply with in Beaconsfield
We have reviewed the consolidated BEAC-720 zoning by-laws and BEAC-046 Construction by-laws and requested the official version of each of the amendments since 2010. We found no trace of noise standards to be respected :
- by entrepreneurs who obtain new building permits
- nor to protect existing residential or school buildings
located in the zone measured by the MTQ and identified as a red zone (more than 60 dBA on average over 24 hours) or in the purple zone (more than 65 dBA).
How can the city issue building permits and thus send new residents to areas it knows are harmful to their health?
The city can set noise standards
According to the Ministry of Municipal Affairs (MAMHQ), since there is no provincial law or standard to our knowledge (except the MTQ Road noise policy). Knowing that there is a major problem on its territory in terms of noise, the MAMHQ adds that it is up to each municipality to set the noise standards on the maximum admissible noise levels according to the zoning categories it wishes to see respected on its territory.
“The zoning by-law may govern or prohibit uses, constructions or works for reasons of public safety or environmental protection specific to the nature of the site […] or because of the proximity of a building or activity posing major constraints in terms of public safety, public health or general well-being (e.g. site landfill, highway). A municipality can govern land use in the presence of constraints according to all the parts of territory it determines. To this end, it may call for measuring the degree of harmful or undesirable effects produced by the source of stress. “
“Responsibility for town planning and zoning allows the municipality, among other things, to control residential, commercial or institutional use of land and buildings in the territory. The municipality exercises this control according to environmental, functional, aesthetic or socio-economic criteria, which will influence the quality of life of its population ”
The city of Beaconsfield must regulate noise pollution
The city has been informed several times over 30 years that it must regulate noise pollution on its territory.
In an environmental impact study in 1987, the MTQ recommended to the city of Beaconsfield:
“This report also wishes to underline the interest that the cities of Pointe-Claire and Beaconsfield would have in regulating residential development along Highway 20, so as to regulate the expansion of residential use in the interior of the area characterized by sound conditions greater than Leq 55 dB (A) ”P.39
At the September 2015 meeting with the Minister of Transport, Mr. Robert Poeti provided several examples of non-compliance with MTQ requests and expectations:
« Minister Robert Poëti, although critical of Beaconsfield issuing building permits for houses close to the highway would like to work together towards resolving the traffic noise issues. He challenged those present at the meeting to agree this morning to a course of action and avoid lawyers getting involved. »
« During the [same] September 3, 2015 meeting with the former MTQ Minister Poeti he reminded you, Mayor Bourelle, that Beaconsfield had been remiss in its obligations to its citizens, and gave you photographs as proof. »
These statements join several scientific publications and politicies that define the tolerable thresholds inside and outside homes.
The WHO (1999) has published target values for homes indoor and outdoor (P.11), schools and kindergartens (P.12), etc. For example :
- inside dwellings and schools the maximum target is 30 to 35 dB (A) LAeq
- outside residential areas (including balconies, terraces, etc.) and schools the maximum target is 50 to 55 dB (A) LAeq
The MTQ (1998) was inspired by the WHO target values in its Road noise policy and set at 65 dBA the threshold above which it must put in place mitigation measures to reduce the noise level to 55 dBA .
The Montreal development plan (2015) applies to the entire territory of the agglomeration. It entails the obligation of bringing into conformity the town planning plans and regulations of the reconstituted municipalities of the agglomeration as well as those of Montreal and its boroughs. (P.8)
In terms of protection of public health and the implementation of noise mitigation measures along highways and railways, the development plan takes up and quotes the conclusions of the MTQ‘s road noise policy, the conclusions WHO and DSPQ and CMHC recommendations and standards for interior and exterior use.
“When exterior noise levels are between 55 dB and 75 dB, it is recommended to provide new buildings with adequate soundproofing. In addition, precautions [mitigation measures] must be taken to provide a suitable outdoor amenity where the noise level is 55 dBA or less. »P.58
“Beyond 75 dBA, CMHC strongly advises against the construction of housing. »P.14 and 15