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Questions and Answers

Q1. What are Federal Airport Zoning Regulations?

A1. Federal airport zoning regulations are enacted in accordance with the Aeronautics Act and impose restrictions on landowners adjacent to and in the vicinity of an airport or airport site. These restrictions include:

  • limiting the height of buildings, structures and objects (including natural growth);
  • protecting aircraft from potential hazards by prohibiting electronic signal interference; and
  • prohibiting land use activities which attract birds that may create a hazard to aviation safety.
Q2. If a decision on an airport at Pickering is not expected until 2009, then why have airport zoning regulations come into force?

A2. The Pickering Airport Site Zoning Regulations are federal regulations that will ensure the land use adjacent to and in the vicinity of the Pickering Airport Site remains compatible for aviation purposes until a decision is made regarding a possible future airport.

Q3. Now that the Regulations have come into force, does this mean that a decision has been made to build an airport at Pickering?

A3. A decision on an airport on the Pickering Lands Site would not be made until at least 2009 when:
  • further study is completed on the role of airports in the Southern Ontario area in accommodating future air traffic growth;
  • Transport Canada has completed its comprehensive due diligence review of all supporting studies and any independent studies as deemed necessary;
  • a federal environmental assessment is completed; and
  • a Pickering Airport Master Plan is submitted to the Minister of Transport.
Q4. In what registry offices were the PASZRs deposited and when?

A4. The PASZR were deposited on title in York and Durham Land Registry Offices. All affected properties in the seven municipalities come under the jurisdiction of the York and Durham Land Registry Offices. The deposit was completed in September 2005.

Q5. When did the PASZRs come into effect?

A5. The PASZRs were enacted in September 2004. The Regulations came into force in September 2005 when they were deposited on title in the Land Registry Offices where the title to land is registered or recorded in each county, district or registration division for which any part of the lands are situated.

Q6. What does the term “on title” mean?

A6. The term “on title” means that the Regulations deposited in the Land Registry Offices are registered against each property title to which they apply. However, the restrictions in the PASZRs only apply to new buildings, structures or objects, activities, and uses of land. The PASZR restrictions do not apply to buildings, structures, objects, activities or uses that existed prior to the date they came into force.

Q7. Following the deposit, what happens to the Minister's Provincial Zoning Order?

A7. The Provincial Minister's Zoning Order (MZO) is provincial legislation that was invoked more than thirty years ago as part of comprehensive planning to ensure that the federal lands would be available for a possible future airport. The MZO remains in force at the discretion of the Ministry of Municipal Affairs and Housing and it is expected to remain in place until after an Environmental Assessment is completed and a decision is taken on whether or not to build an airport at Pickering.

Q8. What differences will there be between the Provincial Minister's Zoning Order and the PASZRs?

A8. The current Provincial Minister's Zoning Order (MZO) has frozen all development on certain lands within approximately six kilometres east and west of the federally-owned lands. The PASZRs do not place a freeze on all development, but includes restrictions on incompatible development on lands adjacent to and in the vicinity of the federally-owned lands within a radius of approximately 15 kilometres. The MZO will continue to be required until after an environmental assessment and consultation are completed, and decisions are made on a possible airport and its configuration.

Q9. What is TC's role after the PASZRs are deposited?

A9. TC will continue to enforce the PASZRs and provide technical advice to the municipalities as required to ensure that land use adjacent to and in the vicinity of the Pickering Airport Site remains compatible with a possible future airport.

Q10. How do the PASZRs affect lands with pre-existing buildings, structures, and objects that violate the height restrictions or current land uses or activities that are now prohibited?

A10. The restrictions in the PASZRs only apply to new buildings, structures or objects, activities, and uses of land. The PASZR restrictions do not apply to buildings, structures, objects, activities, or uses of land that existed prior to the date they came into force. This legally non-conforming status also applies to the construction of buildings, structures or objects that have obtained all approvals for construction required by law prior to the date the restrictions came into force.

Q11. What does this mean to land owners whose properties are affected by the PASZRs?

A11. It is incumbent on landowners to comply with the Pickering Airport Site Zoning Regulations.

Q12. Is it true that an environmental assessment on the Pickering Lands will not occur immediately?

A12. Before proceeding to an environmental assessment, Transport Canada will coordinate further study on the role of airports in the southern Ontario area in accommodating future air traffic growth. The study and comprehensive due diligence review will allow the department to recommend next steps. The Department will communicate the findings of the study and all significant steps in this process.

Q13. Why is TC using international certification standards in planning for a possible airport at Pickering if it is supposed to be a reliever airport?

A13. The certification standards for all airports in Canada are consistent with international standards developed by the International Civil Aviation Organization. These certification standards are based on runway length and width. The application of international standards does not imply that an airport is an international airport.

Q14. What is a regional or reliever airport?

A14. A regional or reliever airport can be defined as a public airport in a metropolitan region that is intended to reduce congestion and enhance the efficiency at the principal air carrier airport(s) serving that region by providing alternative aviation facilities serving primarily:
  • international and domestic charters;
  • niche commercial operations (e.g. triangle service between Ottawa, Toronto, and Montreal; short-haul trans-border);
  • air cargo/courier;
  • general aviation;
  • specialty air carriers (e.g. air taxi, low-cost carriers, etc.); and
  • other air traffic that may not require or benefit from direct access to the principal air carrier airport; or which cannot be accommodated at the principal air carrier airport(s).
Q15. If a decision is made not to build an airport, will you cancel the AZRs?

A15. The PASZRs are intended to protect the lands adjacent to, and in the vicinity of, the Pickering Airport Site to ensure these lands are used or developed in a manner compatible with the safe operation of a possible future airport.

If, at a later date, a decision should be made not to build and airport at Pickering and the land is no longer required for aviation purposes, then the PASZRs would not be required and the regulations would be repealed.
Date modified:
2009-08-28