In order to maintain the required obstacle free airspace in the vicinity of a certified airport, regulations known as airport zoning regulations (AZR) may be enacted by Transport Canada. These AZR are enacted not only to protect the present operations of an airport, but also to help ensure that potential and future development surrounding the airport remains compatible with the safe operation of aircraft and of the airport itself.
Lands within the airport boundary are under the control of the airport operator and do not require AZR. Since Transport Canada certification requirements normally extend beyond the airport boundary, AZR are enacted on the surrounding off-airport lands. For AZR to be enacted an airport certificate must be in force at an airport or the land in question must be designated as an airport site. Although no decision has been made to build an airport, the Pickering Lands were declared an airport site in August 2001.
AZR restrict the heights of buildings, structures and objects (including natural growth) on regulated lands, and protect aircraft from potential hazards, such as bird strikes and electronic signal interference.
Legislation allowing for the enactment of AZR is found in the Aeronautics Act.
The Federal AZR process consists of five stages, the first of which is initiated when the appropriate authority identifies the need to implement or amend AZR. Transport Canada confirms the aeronautical requirements and forwards them to Public Works and Government Services Canada (PWGSC). PWGSC produces draft regulations.
During the second stage, affected municipalities are formally advised of Transport Canada's intent to enact Airport Zoning. Draft regulations are sent to the municipalities for their review, and the Department meets with locally elected officials for consultations. AZR are then forwarded to the Regulations Unit for legal examination and translation. A draft Regulatory Impact Analysis Statement (RIAS), which includes a summary of consultations and a cost-benefit analysis is sent to the Minister. The AZR are published in Canada Gazette, Part I and a notice is published in the local newspaper(s).
During the third stage, Transport Canada conducts open houses and information sessions for members of the public. The public's comments are received and summarized for inclusion in an updated RIAS.
In the fourth stage the AZR, accompanied by an updated RIAS, are scrutinized by various internal government offices and are submitted to Privy Council for final approval. The approved regulation is then published in Canada Gazette, Part II.
During the final stage the regulation comes into force when it is deposited in the local Land Titles and Registry Offices and published in the local newspaper(s).
The publication of a proposed AZR in the Canada Gazette, Part I signals the start of a 60-day period during which any interested parties may make written representations to the Minister. All representations received by Transport Canada will be reviewed and assessed, and a final decision on the proposed AZR will be published in the Canada Gazette, Part II.
An alternative to the Federal AZR process was introduced on March 19, 1992, when the Aeronautics Act was amended to allow Transport Canada to enter into agreements with Provincial Authorities (usually municipal or regional governments). Under the Federal /Provincial process (Alternate Bylaw Process), Provincial Authorities may regulate the use of lands in the vicinity of an airport to ensure that potential and future development surrounding the airport remains compatible with the safe operation of aircraft and of the airport itself.
Federal AZR Process
PREPARATION OF DRAFT REGULATION
MUNICIPAL CONSULTATION &BRIEFING
DRAFT RIAS REPORT &EXAMINATION OF DRAFT REGULATION BY TRANSPORT DRAFT SERVICES SECTION
REGULATION IS "BLUE STAMPED" FOR PART I OF CANADA GAZETTE BY REGULATORY UNIT
APPROVAL BY MINISTER
PRIVY COUNCIL LEGAL ADVISORY OFFICE SPECIAL COMMITTEE OF COUNCIL APPROVAL OF REGULATION
PUBLICATION IN PART I OF CANADA GAZETTE
PUBLIC CONSULTATION (60 DAY PERIOD)
REGULATION IS "BLUE STAMPED" FOR PART II
APPROVAL BY MINISTER
SPECIAL COMMITTEE OF COUNCIL APPROVAL
PRIVY COUNCIL FINAL APPROVAL
PWGSC UPDATES MAPPING
PRINT ZONING REGULATION BOOK
DEPOSIT IN REGISTRY OFFICE AND/OR LAND TITLES OFFICE
PUBLICATION IN NEWSPAPER
REGULATION IN FORCE
INFO: (416) 952-1623
Aerodrome Safety, Air Navigation
4900 Yonge Street, Suite 300
Phone (416) 952-1623
Fax (416) 952-0050