By-law - Dust Bylaw - 20260922 - 6802-26
The Corporation of the Town of Aurora
By-law Number 6802-26
Being a By-law to regulate the emission of dust from residential
construction in the Town of Aurora.
Whereas subsection 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, (the
“Municipal Act”) provides that powers of a municipality shall be interpreted broadly so
as to confer broad authority on the municipality to enable the municipality to govern its
affairs as it considers appropriate and to enhance the municipality’s ability to respond
to municipal issues;
And whereas section 11 of the Municipal Act provides that a lower-tier municipality may
pass by-laws respecting health, safety, and well-being of persons, and the
environmental well-being of the municipality;
And whereas section 128 of the Municipal Act provides that a local municipality may
prohibit and regulate matters that could become or cause public nuisances;
And whereas section 129 of the Municipal Act provides that a local municipality may
prohibit and regulate with respect to dust;
And whereas the Town deems it necessary to establish prohibitions and regulations
with respect to dust and public nuisances from residential construction;
Now therefore the Council of The Corporation of the Town of Aurora hereby enacts as
follows:
1. Short Title
1.1 This by-law shall be known and may be cited as the “Dust By-law”.
2. Definitions and Interpretation
2.1 In this by-law, the following words shall have the following meanings:
(a) “Administrative Penalty By-Law” means the Town’s Administrative Penalty
By-law, as amended or its successor;
(b) “commercial property” shall mean any property which is zoned for
commercial use by the Zoning By-law, or which is used in whole or in part
for commercial use;
(c) “Council” means the elected Council of the Town;
(d) "Director" the department head responsible for the By-law Services
Division of the Town, or their designate or successor;
(e) “dust” shall mean any solid particles that become airborne or are capable of
becoming airborne;
(f) “industrial property” shall mean any property which is zoned industrial use
by the Zoning By-law, or which is used in whole or in part for industrial use;
(g) “multi-residential land” shall mean:
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i) land used for residential purposes that has seven or more self-
contained residential units located on it; or
ii) vacant land principally zoned for multi-residential development;
(h) “Officer” includes any individual(s) designated or appointed by the Town to
enforce this by-law, and any person appointed by the Town as a Municipal
Law Enforcement Officer and any police officer;
(i) “Premises” shall mean a property, or a multi-residential or mixed-use
building, or a part of a property, or a multi-residential or mixed-use building,
owned or occupied by any person, including a corporation;
(j) “Provincial Offences Act” means the Provincial Offences Act, R.S.O. 1990,
c. P.33, as amended, or any successor thereof;
(k) “public works” shall mean construction, rehabilitation, or maintenance
processes using construction equipment conducted by, or on behalf of, the
Town, The Regional Municipality of York, the Province of Ontario, the
Government of Canada, or any of their respective agencies or agents;
(l) “Residential Construction” shall mean anything to do in the demolition,
erection, installation, extension, or material alteration or repair on a
Residential Property, or on any part of Residential Property, including but not
limited to, trimming, blasting, drilling, crushing, grinding, sawing, screening,
cutting, altering or moving of clay, mortar, stone, rock, stucco, concrete, tile,
and insulation;
(m) “Residential Property” shall mean land, buildings, or structures that are
used, capable of being used, designed, or intended for residential purposes;
(a) “Town” means The Corporation of the Town of Aurora and, where an
authority or discretion is conferred upon an official or representative under
this by-law, means the appropriate official or representative of the Town
as designated or appointed from time to time;
(b) “Zoning By-law” means the Zoning By-law of the Town of Aurora, as
amended or its successor.
2.2 Unless otherwise specified, references in this by-law to parts, sections,
subsections, clauses and schedules are references to parts, sections,
subsections clauses, and schedules in this by-law.
2.3 The part and section headings contained throughout this document are for
reference purposes only and do not form a part of this by-law. This by-law is to be
interpreted without reference to such headings.
2.4 References in this by-law to any statute or statutory provisions include references
to that statute or statutory provision as it may from time to time be amended,
extended, or re-enacted.
2.5 This by-law shall be read with all changes in gender or number as the context
requires.
2.6 References in this by-law to items in the plural include the singular, and
references to the singular include the plural, as applicable.
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2.7 The words “include”, “includes”, “including” are not to be read or interpreted as
limiting the words, phrases, or descriptions that precede it.
2.8 If a court of competent jurisdiction declares any provision, or any part of a
provision, of this by-law to be invalid or to be of no force and effect, it is the
intention of the Town in enacting this by-law that such provision or part of a
provision shall be severable, and such a decision shall not affect the validity of
the remaining sections, subsections, clauses or phrases of this by-law.
2.9 This by-law and the provisions contained within are intended to be complementary
to other by-laws passed by Council and in the event that any other applicable law
requires a higher standard than the provisions contained in this by-law, the higher
standard shall apply.
3. Dust, General Requirements
3.1 No person shall cause or permit dust that occurs as a result of Residential
Construction activity to escape a Residential Property onto another Premises.
3.2 No person shall direct another person to engage in Residential Construction
activity that causes or permits dust to escape from a Residential Property onto
another Premises.
4. Exceptions
4.1 Section 3 of this By-law does not apply where a person has implemented and
maintained reasonable measures, having regard to the nature of the Residential
Construction activity and the surrounding circumstances, to prevent the escape of
dust from a Residential Property, including one or more of the following:
(a) wetting the construction material;
(b) using a wet saw;
(c) using dustless saw technology;
(d) tarping or otherwise containing the source of dust;
(e) installing wind fencing or a fence filter;
(f) using a vacuum attachment when cutting; or
(g) any other preventive measure that the Town deems adequate to mitigate
the escape of dust from a Residential Property having regard to the nature
of the activity.
For greater certainty, the implementation of one or more of the aforementioned
measures does not, on its own, establish compliance with subsection 4.1.
4.2 Section 3 of this by-law does not apply to:
(a) public works;
(b) work occurring on any:
(i) commercial property;
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(ii) industrial property; or
(iii) multi-residential land;
(c) construction forming part of development pursuant to a plan of subdivision,
or a mixed-use development, being undertaken pursuant to an agreement
under the Planning Act, R.S.O. 1990, c. P.13; or
(d) a residential demolition project for which an approved demolition permit
has been issued.
5. Administration and Enforcement
5.1 The Director is responsible for and is delegated the power to administer this by-
law, including the authority to approve, issue, refuse, revoke, cancel, suspend, set
and impose conditions on, require information, and administer any applications,
permits, notices or authorisations, and to prescribe the content and form of any
permits, forms, notices or other documents required under this by-law.
5.2 Any decision or notice of the Director pursuant to this by-law shall be final
without a right to appeal to Council.
5.3 The Director and Officers are delegated the authority to enforce this by-law,
including the authority to conduct inspections and investigations under this by-
law, the Municipal Act, and any other applicable by law or legislation.
5.4 The Director is authorized to delegate responsibilities for the administration and
enforcement of this by-law to any Town staff or external third parties deemed to
be qualified and appropriate by the Director for such purposes.
5.5 For the purpose of subsection 23.2(4) of the Municipal Act, Council considers the
delegation of powers to the Director pursuant to this by-law to be of a minor
nature.
5.6 Any order or notice issued pursuant to this by-law shall be deemed to have been
received upon:
(a) personal service on the person subject to the order or notice;
(b) one day after transmission through electronic means to an email or social
media address provided by the person subject to the order or notice;
(c) one day after posting the order or notice in a conspicuous location on the
property subject to the order or notice; or
(d) the fifth (5th) day after the order or notice is sent by registered mail or
courier to the address of the property to which the order or notice relates,
or to the last known address of the person who is subject to the order or
notice.
6. Powers of Entry
6.1 An Officer, or any other individual authorized to enforce this by-law on behalf of
the Town, may at any reasonable time enter upon any land for the purpose of
carrying out an inspection to determine whether the following are being complied
with:
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(a) this by-law;
(b) any direction or order under this by-law;
(c) a condition of any permit issued under this by-law;
(d) an order issued under section 431 of the Municipal Act.
6.2 Where an inspection is conducted pursuant to this section, an Officer or any
other individual authorized to enforce this by-law on behalf of the Town, may:
(a) require the production for inspection of documents or things relevant to
the inspection;
(b) inspect and remove documents or things relevant to the inspection for the
purpose of making copies and extracts;
(c) require information from any person concerning a matter related to the
inspection; and
(d) alone or in conjunction with a person possessing special or expert
knowledge, make examinations or take tests, samples, or photographs
necessary for the purpose of the inspection.
6.3 No person shall hinder or obstruct or attempt to hinder or obstruct the Town, its
employees, officers or agents from carrying out any powers or duties under this
by-law.
6.4 No person shall fail to comply with, or contravene, any notice or order or other
direction issued by the Town pursuant to this by-law or the Municipal Act.
6.5 Where an Officer, or an individual authorized to enforce this by-law, has
reasonable grounds to believe that an offence has been committed by any
person, they may require the name, address and proof of identity of that person,
and the person shall supply the required information.
6.6 No person shall decline or neglect to give, produce or deliver any information,
document or other thing that is requested by the Town pursuant to this by-law.
6.7 No person shall knowingly make, participate in, assent to or acquiesce in the
provision of false information in a statement, affidavit, application or other
document prepared, submitted or filed under this by-law.
7. Orders
7.1 Where the Director, Officer, or any other individual authorized to enforce this by-
law is satisfied that a contravention of this by-law has occurred, such Director,
Officer, or authorized individual may make an order requiring that the person who
caused or permitted such contravention, or the owner or occupier of the land on
which the contravention occurred, to discontinue the contravening activity and/or
to do work to correct the contravention.
7.2 An order pursuant to this section shall set out the following:
(a) reasonable particulars identifying the location of the land on which the
contravention occurred;
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(b) reasonable particulars of the contravention;
(c) what is required of the person subject to the order (i.e., what activity is to
be seized and/or actions or work to be done);
(d) the date by which there must be compliance with the order and/or, if any
work is ordered, the date by which any such work must be done; and
(e) information regarding the Town's contact person.
8. Remedial Action and Cost Recovery
8.1 Wherever this by-law or an order issued under this by-law directs or requires any
matter or thing to be done by any person within a specified time period, in default
of it being done by the person directed or required to do it, the action may be
taken under the direction of the Director or an Officer at that person’s expense
and the Town may recover the costs incurred through a legal action or by
recovering the costs in the same manner as taxes.
8.2 For the purposes of taking remedial action under this section, the Town, its staff
and/or its agents may enter, at any reasonable time, upon any lands on which a
default to carry out a required thing or matter occurred.
9. Offences and Penalties
9.1 Every person who contravenes any provision of this by-law is guilty of an offence
and upon conviction is liable to a fine as provided for in the Provincial
Offences Act.
9.2 Every person who contravenes any order issued pursuant to this by-law is guilty
of an offence and upon conviction is liable to a fine as provided for in the
Provincial Offences Act.
9.3 If a corporation has contravened a provision of this by-law, including an order
issued under this by-law, every director and officer who knowingly concurred in
such a contravention is guilty of an offence.
9.4 Pursuant to subsection 429(2) of the Municipal Act, all contraventions of this by-
law or orders issued under this by-law are designated as continuing offences. If a
contravention of any provision of this by-law has not been corrected, or an order
issued under this by-law has not been complied with, the contravention of such a
provision or an order shall be deemed to be a continuing offence for each day or
part of a day that the contravention remains uncorrected or an order not
complied with.
9.5 On conviction of an offence under this by-law, every person is liable to a fine in
accordance with the following rules pursuant to the Municipal Act:
(a) to a fine of not less than $500.00 and not more than $100,000.00;
(b) in the case of a continuing offence, for each day or part of a day that the
offence continues, the minimum fine shall be $500.00 and the maximum
fine shall be $10,000.00, despite paragraph (a), the total of all the daily
fines for an offence is not limited to $100,000;
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(c) in the case of a multiple offence, for each offence included in the multiple
offence, the minimum fine shall be $500.00 and the maximum fine shall
be $10,000.00, despite paragraph (a), the total of all fines for each
included offence is not limited to $100,000.
9.6 In addition to fines under this section, a person convicted of an offence under
this by-law may be liable to a special fine in the amount of the economic
advantage or gain that such a person obtained from the contravention of this
by-law. Notwithstanding subsection 9.5 above, a special fine may
exceed $100,000.
9.7 Where a person is convicted of an offence under this by-law, the court in which
the conviction has been entered, and any court of competent jurisdiction,
thereafter, may make an order prohibiting the continuation or repetition of the
offence by the person convicted.
10. Administrative Penalties
10.1 Instead of laying a charge under the Provincial Offences Act for a breach of any
provision of this by-law, which is designated under the Administrative Penalty By-
law, an individual authorized to enforce this by-law on behalf of the Town may
issue an administrative penalty to the person who has contravened this by-law.
10.2 Individuals authorized to enforce this by-law on behalf of the Town have the
discretion to either proceed by way of an administrative penalty or a charge laid
under the Provincial Offences Act. If an administrative penalty is issued to a
person for a breach of a provision of this by-law, no charge shall be laid against
that same person for the same breach.
10.3 The amount of the administrative penalty for a breach of a provision of this by-
law shall be established pursuant to the Administrative Penalty By-law, and each
day on which a contravention has not been corrected shall constitute a new and
separate offence.
10.4 A person who is issued an administrative penalty shall be subject to the
procedures as provided for in the Administrative Penalty By-law.
11. Presumption
11.1 An Owner of a property on which a non-compliance or contravention has
occurred shall be presumed to have carried out or caused or permitted to be
carried out the non-compliance or contravention, which presumption may be
rebutted by evidence to the contrary on a balance of probabilities.
12. Severability
12.1 If a court of competent jurisdiction declares any provision, or any part of a
provision, of this by-law to be invalid or to be of no force and effect, it is the
intention of the Town in enacting this by-law that such provision or part of a
provision shall be severable, and such a decision shall not affect the validity of
the remaining sections, subsections, clauses or phrases of this by-law.
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Enacted by Town of Aurora Council this 22nd day of September, 2026.
Anne Kantharajah, Town Clerk