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John C. Munro Hamilton International Airport Zoning Regulations (SOR/2017-200)

Regulations are current to 2024-11-26 and last amended on 2018-10-12. Previous Versions

John C. Munro Hamilton International Airport Zoning Regulations

SOR/2017-200

AERONAUTICS ACT

Registration 2017-09-22

John C. Munro Hamilton International Airport Zoning Regulations

P.C. 2017-1176 2017-09-22

Whereas, pursuant to subsection 5.5(1)Footnote a of the Aeronautics ActFootnote b, a notice of the proposed John C. Munro Hamilton International Airport Zoning Regulations was published in the Hamilton Spectator on March 16 and 23, 2016, the Brantford Expositor on March 16 and 23, 2016, the Brant News on March 17 and 24, 2016 and the Régional on March 16 and 23, 2016, a copy of the proposed Regulations, substantially in the annexed form, was published in two successive issues of the Canada Gazette, Part I, on March 5 and 12, 2016, and a reasonable opportunity was afforded to interested persons to make representations to the Minister of Transport with respect to the proposed Regulations;

Whereas a purpose of the proposed Regulations is to prevent lands adjacent to or in the vicinity of John C. Munro Hamilton International Airport from being used or developed in a manner that is, in the opinion of the Minister of Transport, incompatible with the safe operation of an airport or aircraft;

And whereas a purpose of the proposed Regulations is to prevent 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 of Transport, cause interference with signals or communications to and from aircraft or to and from those facilities;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to paragraphs 5.4(2)(b)Footnote a and (c)Footnote a of the Aeronautics ActFootnote b, makes the annexed John C. Munro Hamilton International Airport Zoning Regulations.

Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

airport

airport means the John C. Munro Hamilton International Airport in the City of Hamilton, in the Province of Ontario, as described in Part 8 of the schedule. (aéroport)

airport reference point

airport reference point means the point that is described in Part 1 of the schedule. (point de référence de l’aéroport)

approach surface

approach surface means an imaginary inclined surface that extends upward and outward from each end of a strip surface and that is described in Part 2 of the schedule. (surface d’approche)

outer surface

outer surface means an imaginary surface that is located above and in the immediate vicinity of the airport and that is described in Part 3 of the schedule. (surface extérieure)

strip surface

strip surface means the imaginary surface that is associated with a runway and that is described in Part 4 of the schedule. (surface de bande)

transitional surface

transitional surface means an imaginary inclined surface that extends upward and outward from the lateral limits of a strip surface and its approach surfaces and that is described in Part 5 of the schedule. (surface de transition)

wildlife hazard zone

wildlife hazard zone means the area that is located in the immediate vicinity of the airport and that is described in Part 7 of the schedule. (zone de péril faunique)

zoning plan

zoning plan means Plan File No. 25-009 : 10-005 (Sheets 1 to 40), prepared by the Department of Public Works and Government Services and dated March 30, 2012. (plan de zonage)

Application

Marginal note:Lands near airport

2 These Regulations apply in respect of all lands that are adjacent to or in the vicinity of the airport and that are within the limit described in Part 6 of the schedule. For greater certainty, the lands include lands under water and public road allowances.

Building Restrictions

Marginal note:Prohibition — maximum height

3 A person must not place, erect or construct, or permit another person to place, erect or construct, on any of the lands, a building, structure or object, or an addition to an existing building, structure or object, any part of which would penetrate one of the following surfaces:

  • (a) an approach surface;

  • (b) the outer surface;

  • (c) a transitional surface; or

  • (d) a strip surface.

Interference with Communication

Marginal note:Prohibition — interference

4 A person must not use or develop, or permit another person to use or develop, any of the lands under the outer surface in a manner that causes interference with any signal or communication to or from an aircraft or to or from any facility used to provide services relating to aeronautics.

Natural Growth

Marginal note:Prohibition — maximum height

5 A person must not permit any object of natural growth that is on any of the lands to grow in such a manner as to penetrate any of the following surfaces:

  • (a) an approach surface;

  • (b) the outer surface;

  • (c) a transitional surface; or

  • (d) a strip surface.

Wildlife Hazard

Marginal note:Prohibition — activities or uses

  • 6 (1) A person must not use, or permit another person to use, any of the lands described in Part 7 of the schedule for activities or uses that attract wildlife — particularly birds — that may create a hazard for aviation safety.

  • Marginal note:Exception

    (2) Despite subsection (1), a person may use, or permit another person to use, any of the lands described in Part 7 of the schedule as a site for an open water storage reservoir for a period of 48 hours or less.

Repeal

7 [Repeal]

Coming into Force

Marginal note:Conditions — subsection 5.6(2) of Aeronautics Act

Footnote *8 These Regulations come into force on the day on which the conditions set out in subsection 5.6(2) of the Aeronautics Act are met.

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