Aeronautics Act (R.S.C., 1985, c. A-2)

Act current to 2014-12-08 and last amended on 2012-01-01. Previous Versions

Marginal note:Relationship to Explosives Act

 Regulations made under this Part respecting the use and operation of rockets are in addition to and not in derogation of the provisions of the Explosives Act and regulations made thereunder and, where there is any conflict between any regulation respecting rockets made under this Part and any regulation made under the Explosives Act, the regulation made under the Explosives Act prevails.

  • R.S., 1985, c. 33 (1st Supp.), s. 1.

Airport Zoning

Marginal note:Definitions
  •  (1) In this section and sections 5.5 to 5.81,

    “airport site”

    « zone aéroportuaire »

    “airport site” means any land, not being a part of an existing airport,

    • (a) the title to which is vested in or that otherwise belongs to Her Majesty in right of Canada, or

    • (b) in respect of which a notice of intention to expropriate under section 5 of the Expropriation Act has been registered

    and that is declared by order of the Governor in Council to be required for use as an airport;

    “federal airport”

    « aéroport fédéral »

    “federal airport” includes a military aerodrome;

    “lands”

    « biens-fonds »

    “lands” include water (and the frozen surface thereof) and any other supporting surface;

    “object”

    « éléments »

    “object” includes an object of natural growth;

    “owner”

    « propriétaire »

    “owner”, in respect of land or a building, structure or object, includes any person other than a lessee, who has a right, title or interest in the land, building, structure or object that is a recognized right, title or interest therein under the law of the province in which it is situated;

    “provincial authority”

    « autorité provinciale »

    “provincial authority” means an authority in a province responsible for the regulation of land use;

    “zoning regulation”

    « règlements de zonage »

    “zoning regulation” means any regulation made pursuant to subsection (2).

  • Marginal note:Zoning regulation

    (2) The Governor in Council may make regulations for the purposes of

    • (a) preventing lands adjacent to or in the vicinity of a federal airport or an airport site from being used or developed in a manner that is, in the opinion of the Minister, incompatible with the operation of an airport;

    • (b) preventing lands adjacent to or in the vicinity of an airport or airport site from being used or developed in a manner that is, in the opinion of the Minister, incompatible with the safe operation of an airport or aircraft; and

    • (c) preventing lands adjacent to or in the vicinity of facilities used to provide services relating to aeronautics from being used or developed in a manner that would, in the opinion of the Minister, cause interference with signals or communications to and from aircraft or to and from those facilities.

  • Marginal note:Conditions precedent

    (3) The Governor in Council shall not make a zoning regulation under paragraph (2)(a) unless

    • (a) the Minister, after making a reasonable attempt to do so, has been unable to reach an agreement with the government of the province in which the lands to which the zoning regulation applies are situated providing for the use or development of the lands in a manner that is compatible with the operation of an airport; or

    • (b) in the opinion of the Minister, it is necessary to immediately prevent the use or development of the lands to which the zoning regulation applies in a manner that is incompatible with the operation of an airport.

  • Marginal note:Non-conforming uses, etc.

    (4) No zoning regulation shall apply to or in respect of a use of land, buildings, structures or objects or a building, structure or object that, on the day on which the zoning regulation comes into force, exists as a use, building, structure or object that does not conform to the zoning regulation.

  • Marginal note:Deeming existence of certain things

    (5) For the purposes of subsection (4), where on the day on which a zoning regulation comes into force, all approvals for construction required by law have been obtained permitting a building, structure or object that, if constructed, would not conform to the zoning regulation, the building, structure or object shall be deemed to exist on the day on which the zoning regulation comes into force.

  • R.S., 1985, c. 33 (1st Supp.), s. 1;
  • 1992, c. 4, s. 10.