A North York industrial bakery that was the subject of a Star investigation this year is being prosecuted by the Environment Ministry for allegedly expanding its facilities illegally and for failing to comply with environmental measures aimed at protecting local residents from noise pollution.

Charges were laid in January against Fiera Foods and adjacent sister company Marmora Freezing Corp. for breaching the terms of a government-issued Environmental Compliance Approval, which included the construction of a noise barrier wall, and for expanding without ministry approval. The trial is set for next April. The Environment Ministry said since 2016, it has received around a thousand complaints about the facilities from community members — who described noise pollution as “intolerable and unacceptable,” documents obtained by the Star show.

Angelo and Rina Zamperin, who are both in their 80s, live 200 metres from the factory. Rina, who is battling cancer, told the Star the couple had to move their bed into the living room to try to sleep.

“We paid tax for 57 years, and we end up to be this way? No,” she said.

Another nearby resident, Fabio Ovetinni, said the problem began in 2015, when new cooling towers were installed at the plant.

“It was like a helicopter hovering over the neighbourhood,” he said. “It’s hard when your kids say, ‘Dad it’s too loud, we can’t sleep,’ ” he added.





Fiera and Marmora failed to obtain municipal building permits for parts of an expansion that began five years ago, according to separate proceedings underway at the Ontario Municipal Board. In 2014, Fiera received a $1.5-million grant from the provincial government to help with its upgrades, and was lauded at the time by Premier Kathleen Wynne for creating good jobs.

In an emailed statement to the Star, Fiera counsel David Gelbloom said measurements conducted by the Environment Ministry in September showed the noise environment in nearby residential areas was in line with legal requirements. He said the factory had taken “a series of noise mitigation measures” following two ministry investigations, including reducing sound from condenser fans, and has now built the required sound barriers. He said noise in the area came from a variety of sources including major highways, flight paths and railways — not just the factory.

“These measures have resulted in a noise environment that meets MOECC (Ministry of the Environment and Climate Change) requirements, taking into consideration the background noise of the surrounding environment and the facility noise,” he said.

“Ninety-six per cent of the noise complaints between March 2016 and October 2017 come from the same six people,” Gelbloom said, adding that Fiera “strive to be a good corporate neighbour” and to “look for ways to resolve their concerns where we can.”

The company is one of the region’s largest food manufacturers, whose clients over the years have included the likes of Tim Hortons, Walmart, Costco, Metro, Sobeys and Loblaw. This year, the Star sent a reporter to work undercover at Fiera, as part of an investigation into the rise of temporary work. The Star’s reporter, who was hired through a temp agency, received about five minutes of safety training, no hands-on instruction and was paid in cash at a payday lender without any documentation or deductions. Fiera and Marmora have been convicted under the Occupational Health and Safety Act in relation to the death of three temp agency workers since 1999.

They have run into trouble with the Environment Ministry on several occasions. Ministry spokesperson Lindsay Davidson says the ministry still receives “daily complaints from residents regarding noise in the area.”

A 2016 investigation by inspector Linda Cioffi said Fiera and Marmora had expanded without ministry approval and had failed to install noise barriers around recently constructed cooling towers as required by the terms of its Environmental Compliance Approval, the reports obtained by the Star show.

In her investigation, Cioffi described visiting a nearby home and hearing “an audible hum of noise” upstairs, even when the windows were closed.

“During this time, operation of equipment was observed directly … which was believed to be (the factory’s) western cooling towers,” the report says.

The result was an “adverse effect on health” and “material discomfort” for local residents in violation of environmental protection laws, the report said. Several months later, she investigated again and found that the company had taken some measures to reduce noise but “continues to cause off-site impacts.”

After both investigations, Fiera challenged the legality of Cioffi’s orders, which were subsequently amended by a senior ministry official to give the factory more time to address noise issues.

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The factory has since built noise barriers and has complied with all orders against it, the ministry confirmed.

Fiera and Marmora have appealed to the OMB to retroactively legalize parts of the expansion, including the conversion of a basement parking lot into a production area. Fiera has also offered to pay the City of Toronto $200,000 to install traffic lights at a nearby intersection if their appeal is successful, which the city has agreed to.

Twenty-two residents, most of whom live in a small subdivision just west of the factory, sent submissions to the OMB opposing Fiera’s request.

Fiera and Marmora “now come before the board seeking forgiveness rather than permission,” Paul Zamperin, who testified at the board hearings on behalf of his parents, Rina and Angelo. “Our community is speaking from our experiences, our unhappiness, and our plight.”

Expert witnesses called by the factory said the expansion led to employment and economic growth in the region, noting that of 6,000 GTA jobs in the baked goods sector, about 1,500 were located at Fiera.

Gelbloom said the factory instituted a noise complaints system and regularly provides feedback to local residents. According to testimony given by Rob Stevens, a sound expert working with the factory, the parts of the expansion done without a building permit do not cause significant noise pollution. Stevens said recent testing showed the factory is in compliance with noise regulations, adding that the area is an “acoustical soup” because of its location.

But Ovetinni described noise from other sources as intermittent and bearable. He said his 14-year-old daughter now sleeps on a mattress in their basement because of factory noise.

“The frequency of the noise that the (Fiera) fans produce, it drives you crazy. It doesn’t let you sleep. It doesn’t let you enjoy life.”

Stan Van Zuylen, who has lived in the neighbourhood for half a century, said he was frustrated by what he sees as a lack of consideration for local concerns.

“I don’t know that our lives matter that much in the grand scheme of things,” he told the OMB, which is expected to rule on the matter by the end of the year.

“Decisions are made on our behalf whether we like them or not.”

With files from Brendan Kennedysmojtehedzadeh@thestar.ca, 416-869-4195