Contractors and homeowners in Mississauga will soon be facing fines if they generate and allow excessive dust from certain residential construction activities to drift onto neighbouring properties.
The penalty?
A bylaw officer will be able, upon confirming a violation, to issue an order with a $350 penalty for the first offence. For each day the offence continues, the minimum fine is $500 a day, not to exceed $10,000. For more serious cases, the fine could go up to $100,000 upon conviction.
City councillors voted unanimously in favour of the bylaw at a recent meeting. It gives enforcement officers the power to impose the fines if they deem there is too much dust being emitted from construction activities related to the “erection, installation or material alteration or repair of a residential property, including decorative stonework, retaining walls and walkways.”
The new fines go into force on March 2, so the city can provide education awareness and contractors and homeowners can ensure the proper tools are in place ahead of the spring residential construction season.
The updated rules apply only to residential construction activities. They do not apply to construction of a multi-residential building, subdivision or mixed-use development, or work being done on commercial or industrial construction projects. Municipal work and permitted residential demolitions are also exempt.
Mississauga Ward 3 Coun. Chris Fonseca spoke in favour of the bylaw at the council meeting.
“This is moving in the right direction,” she said. “It obviously takes into consideration one of the challenges or impacts when there is residential construction happening.
“I would ask that we continue to look at how we can work on something similar to this coming forward with regards to multi-residential or industrial commercial impacts on residential neighbourhoods or the surrounding neighbourhood.”
Councilors voted 11-0 in favour of the bylaw after reviewing a staff report from the commissioner of community services.
The report noted residential construction activities in Mississauga can generate significant dust that negatively impacts surrounding properties and residents, posing health and environmental concerns.
The report recommended the city’s debris and anti-littering bylaw be amended to “include provisions specific to dust generated by residential construction activities” and that it model the Municipal Code Chapter of the City of Toronto, which is viewed as the most comprehensive regulatory framework for addressing dust generated from residential construction activities.
Additionally, the report noted that with an expanded toolkit, municipal enforcement officers would be able to issue an order, an administrative penalty notes and/or a Provincial Offence Act charge.
In September, council directed staff to review and report back on best practices and regulatory tools available to address dust generated by residential construction activities, including concrete cutting.
Staff collaborated with 311 and implemented a new complaint case type, specific to dust emissions from residential construction activities. Previously, such complaints were either not captured or were categorized under general exterior property condition concerns.
Measures and equipment do exist to contain or limit the spread of dust, staff wrote, but enforcement officers don’t have a specific regulatory framework to address dust emitted from residential construction activities.
Municipal staff consulted the jurisdictions of Brampton, Burlington, Caledon, Hamilton, London, Oakville, Ottawa, Toronto and Vaughan. Only Brampton, Oakville and Toronto address dust-related nuisances. Brampton and Oakville reference dust generally within their public nuisance bylaws, while Toronto regulates dust specifically from residential construction activities.
In Brampton, the city prohibits any activity that causes or permits a public nuisance, and its definition specifically includes the emission of excessive dust. The penalty is $300 for a first offence, $550 for a second and $800 for subsequent offences.
Oakville’s bylaw prohibits activities on a property that negatively affect neighbouring properties, such as the emission of dust. The fine is $300 for a first offence, $400 for a second and $500 for subsequent offences.
The City of Toronto has the most comprehensive regulatory framework for addressing dust generated from residential construction activities. Municipal Code Chapter 417 dictates no person shall cause or permit dust from residential construction activities to escape a residential property onto another premises. The fine is $305.
The city’s provisions do not apply if reasonable preventative measures are taken to prevent dust from escaping a residential property. These measures may include, but are not limited to, wetting the construction material, using a wet saw and using a vacuum attachment when cutting.
In Mississauga, complaints related to dust from residential construction activities are currently being tracked by 311. Once received, they go to property standards, investigations and enforcement. A bylaw enforcement officer then attends the location and conducts an investigation.
If a bylaw contravention is confirmed, the officer may proceed to issue an order or a set fine ticket.
