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Difference between revisions of "Neighbour Law"

From Clicklaw Wikibooks
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If that doesn’t work, call your city hall and ask if there is a noise bylaw. If there is one, talk to the person who enforces it. For example, in Vancouver, you would call the Environmental Health Officers. Each municipality’s noise bylaw is different, but most are broad. In Vancouver and many other municipalities, the bylaw covers noise from animals including dogs and birds, heavy duty equipment, lawnmowers, loud parties, stereos and many other things. Usually, the municipality’s enforcement officer will try to solve the problem informally. If they can’t, they may prosecute the person in court for violating the bylaw.
If that doesn’t work, call your city hall and ask if there is a noise bylaw. If there is one, talk to the person who enforces it. For example, in Vancouver, you would call the Environmental Health Officers. Each municipality’s noise bylaw is different, but most are broad. In Vancouver and many other municipalities, the bylaw covers noise from animals including dogs and birds, heavy duty equipment, lawnmowers, loud parties, stereos and many other things. Usually, the municipality’s enforcement officer will try to solve the problem informally. If they can’t, they may prosecute the person in court for violating the bylaw.


If the noise is on a weekend or at night and city hall is closed, you can call the police. If a person is screaming, shouting, swearing or singing to the point they are creating a nuisance for others, they may be causing a common disturbance – an offence under the Criminal Code. In all these cases, call the police and report it. The Criminal Code is available at http://laws-lois.justice.gc.ca.
If the noise is on a weekend or at night and city hall is closed, you can call the police. If a person is screaming, shouting, swearing or singing to the point they are creating a nuisance for others, they may be causing a common disturbance – an offence under the ''Criminal Code''. In all these cases, call the police and report it. The Criminal Code is available at http://laws-lois.justice.gc.ca.


You can also sue the person causing the noise. You could sue for damages for nuisance or negligence, or ask the court to order the person to stop the noise. Note, however, that this can be a lengthy, expensive, and often a stressful process and you are not guaranteed a positive outcome. Further, there may be circumstances where there is a perceived nuisance, but no options available. For example, if a noise or odour is permitted by zoning or custom (e.g. in an industrial or agricultural area), then there may not be an option available for a neighbour. Additionally, a court may determine that the noise/odour isn’t substantial enough to constitute a nuisance.
You can also sue the person causing the noise. You could sue for damages for nuisance or negligence, or ask the court to order the person to stop the noise. Note, however, that this can be a lengthy, expensive, and often a stressful process and you are not guaranteed a positive outcome. Further, there may be circumstances where there is a perceived nuisance, but no options available. For example, if a noise or odour is permitted by zoning or custom (e.g. in an industrial or agricultural area), then there may not be an option available for a neighbour. Additionally, a court may determine that the noise/odour isn’t substantial enough to constitute a nuisance.
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