Vol. 151, No. 20 — October 4, 2017

Registration

SOR/2017-200 September 22, 2017

AERONAUTICS ACT

John C. Munro Hamilton International Airport Zoning Regulations

P.C. 2017-1176 September 22, 2017

Whereas, pursuant to subsection 5.5(1) (see footnote a) of the Aeronautics Act (see footnote 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) (see footnote c) and (c) (see footnote d) of the Aeronautics Act (see footnote e), makes the annexed John C. Munro Hamilton International Airport Zoning Regulations.

John C. Munro Hamilton International Airport Zoning Regulations

Interpretation

Definitions

1 The following definitions apply in these Regulations.

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

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 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 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 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 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 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

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

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:

Interference with Communication

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

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:

Wildlife Hazard

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.

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 The Hamilton Airport Zoning Regulations (see footnote 1) are repealed.

Coming into Force

Conditions — subsection 5.6(2) of Aeronautics Act

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.

SCHEDULE

(Sections 1, 2 and 6)

In this schedule, all grid coordinates are in metres (m) and refer to the 1983 North American Datum - GRS80 Ellipsoid, 1989 adjustment (NAD83 Original), Zone 17, Universal Transverse Mercator (UTM) projection. Grid coordinates have been computed using a combined average scale factor of 0.9996636.

In this schedule, all azimuth are measured clockwise and grid-referenced to 0 degrees north.

In this schedule, all elevation values are in metres (m) and are based on the Canadian Geodetic Vertical Datum of 1928 (CGVD28), 1978 Southern Ontario Adjustment.

In this schedule, Strip Surface 06-24 means the strip surface associated with runway 06-24 and Strip Surface 12-30 means the strip surface associated with runway 12-30, as defined in Part 4.

PART 1

Airport Reference Point

The airport reference point, as shown on sheet 22 of the zoning plan, is a point that may be located as follows:

The assigned elevation of the airport reference point is 230.00 m.

PART 2

Approach Surfaces

The elevation of an approach surface at any point is equal to the elevation of the nearest point on the centre line of that approach surface. The elevation of an approach surface centre line is calculated from the assigned elevation of the abutting end of the strip surface and increases at the constant ratios set out in this Part.

The approach surfaces, as shown on sheets 1 to 27, 29 to 35 and 38 to 40 of the zoning plan, are surfaces abutting each end of the strip surfaces associated with runways 06-24 and 12-30. The approach surfaces are described as follows:

PART 3

Outer Surface

The outer surface, as shown on sheets 15 to 18, 20 to 23, 27 to 29, 36 and 37 of the zoning plan, is an imaginary surface located at a constant elevation of 45 m above the airport reference point but at 9 m above the surface of the ground when that elevation would place the outer surface at less than 9 m above the surface of the ground.

The limit of the outer surface is located in the City of Hamilton and is described as follows:

PART 4

Strip Surfaces

The elevation of a strip surface at any point is equal to the elevation of the nearest point on the centre line of that strip surface. The elevation of the strip surface centre line between the strip surface end and the closest strip surface threshold is equal to the elevation of the strip surface end. The elevation of the strip surface centre line between the strip surface thresholds is calculated using a constant ratio between the elevations of the strip surface thresholds and the elevations of the points along the runway centre line that are set out in the tables to this Part.

The strip surfaces, as shown on sheets 21 and 22 of the zoning plan, are imaginary rectangular surfaces described as follows:

Item

Column 1






Starting Point

Column 2




Starting Point Elevation (m)

Column 3







End Point

Column 4





End Point
Elevation (m)

Column 5


Distance Between Starting Point and End Point (m)

Column 6

Constant Ratio Used to Calculate Elevation Between Starting Point and End Point

1

Threshold 06

228.30

’A’

235.30

913.00

+1 : 130.4286

2

’A’

235.30

’B’

237.10

567.00

+1 : 315.0000

3

’B’

237.10

’C’

236.40

350.00

-1 : 500.0000

4

’C’

236.40

’D’

234.40

290.10

-1 : 145.0500

5

’D’

234.40

’E’

231.30

374.30

-1 : 120.7419

6

’E’

231.30

Threshold 24

230.30

250.00

-1 : 250.0000

Total Distance Between Thresholds = 2 744.40 m

Item

Column 1






Starting Point

Column 2




Starting Point Elevation (m)

Column 3







End Point

Column 4





End Point
Elevation (m)

Column 5


Distance Between Starting Point and End Point (m)

Column 6

Constant Ratio Used to Calculate Elevation Between Starting Point and End Point

1

Threshold 12

235.50

’F’

236.40

490.00

+1 : 544.4444

2

’F’

236.40

’G’

237.80

767.77

+1 : 548.4071

3

’G’

237.80

’H’

235.00

900.00

-1 : 321.4286

4

’H’

235.00

’D’

234.40

350.00

-1 : 583.3333

5

’D’

234.40

’I’

233.50

422.17

-1 : 469.0778

6

’I’

233.50

Threshold 30

233.30

120.00

-1 : 600.0000

Total Distance Between Thresholds = 3 049.94 m

PART 5

Transitional Surfaces

The elevation of a point on the lower edge of a transitional surface abutting a strip surface is equal to the elevation of the nearest point on the centre line of the abutting strip surface. The elevation of a point on the lower edge of a transitional surface abutting an approach surface is equal to the elevation of the nearest point on the centre line of the abutting approach surface.

Each transitional surface, as shown on sheets 16 to 18, 20 to 23, 27 and 28 of the zoning plan, is an imaginary inclined surface that extends upward and outward, from the lateral limits of the abutting strip surface and the abutting approach surface, at a ratio of 1 m measured vertically to 7 m measured horizontally and at right angles to the centre line of each abutting strip surface and approach surface to the intersection with the outer surface, or with another transitional surface.

PART 6

Limit of Area Containing Lands to Which These Regulations Apply

The limit of the area containing the lands to which these Regulations apply, as shown on sheets 1 to 40 of the zoning plan, is generally defined by the outer limit of the area covered by the approach surfaces, the outer surface, the strip surfaces, the transitional surfaces and the wildlife hazard zone. The limit is located in the City of Hamilton, the County of Brant, and Haldimand County, and is described as follows:

PART 7

Wildlife Hazard Zone

The wildlife hazard zone, as shown on sheets 9 and 10, 14 to 19, 20 to 24, 26 to 30, 33 to 37 and 40 of the zoning plan, is located in the City of Hamilton, the County of Brant, and Haldimand County, and is described as follows:

PART 8

Airport Lands

The John C. Munro Hamilton International Airport, as shown on sheets 16, 21, 22 and 28 of the zoning plan, is comprised of those lands in the City of Hamilton that are described as follows:

PIN 17399-0480 (LT)

The whole of Lots 20 & 21 and part of Lots 18, 19 & Parcel ‘B’, Plan 1230; Part of Lots 1-5, Concession 3, Geographic Township of Glanford; Part of Lots 1-5, Concession 4, Geographic Township of Glanford; Part of the Road Allowance between the Geographic Townships of Glanford and Ancaster; Part of Lots 46 - 49, Concession 5, Geographic Township of Ancaster; and part of the Road Allowance between Lots 48 and 49, Concession 5, Geographic Township of Ancaster, designated as Parts 2, 4, 5 & 8, Plan 62R-11334, SAVE AND EXCEPT Part 1, Plan 62R-14613, Parts 1-6 inclusive, Plan 62R-16499, and Part 2, Plan 62R-17188.

PIN 17399-0479 (LT)

Part of Lot 5, Concession 3, Geographic Township of Glanford, designated as Parts 1-6 inclusive, Plan 62R-16499, SAVE AND EXCEPT Parts 3, 5 & 6, Plan 62R-18932.

PIN 17399-0331 (LT)

Part of Lot 45, Concession 5, Geographic Township of Ancaster, designated as Part 1, Plan 62R-11334, SAVE AND EXCEPT Part 18, Plan 62R-14623.

PIN 17399-0306 (LT)

Part of Lot 4, Concession 4, Geographic Township of Glanford, designated as Part 2, Plan 62R-10716, SAVE AND EXCEPT Parts 3, 5 & 6, Plan 62R-17188.

PIN 17399-0293 (LT)

Part of Lot 46, Concession 5, Geographic Township of Ancaster, designated as Parts 1 & 2, Plan 62R-17517.

PIN 17399-0196 (LT)

Part of Lot 4, Concession 4, Geographic Township of Glanford, designated as Part 1, Plan 62R-10716.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

The Hamilton Airport Zoning Regulations were enacted in 1984 and no longer adequately protected the current and future operations of the airport. Runway 12R-30L was decommissioned and is now used as a taxiway and no longer required zoning protection. Runway 12L-30R was renamed runway 12-30 and there is a planned runway extension of 491.51 metres. Runway 07-25 was renamed runway 06-24 and there is a planned runway extension of 734.40 metres. The runway extensions require airport zoning protection from incompatible development on lands adjacent to and in the vicinity of the airport.

Background

The safety of aircraft operating in the airspace surrounding our airports is of vital concern to private citizens and to federal and municipal governments. Airport zoning regulations (AZRs) are established to ensure that lands adjacent to and in the vicinity of airports are used in a manner compatible with the safe operations of an aircraft and the airport itself. These regulations are established 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 the airport.

As aeronautics is a federal jurisdiction, AZRs are the only legal means of restricting incompatible development adjacent to and in the vicinity of the airport.

Objectives

The John C. Munro Hamilton International Airport Zoning Regulations limit the height of new buildings, structures, and objects, including trees, or any additions to existing buildings, structures, and objects on lands adjacent to or in the vicinity of the John C. Munro Hamilton International Airport. In addition, lands subject to the Regulations are restricted from land uses and activities that

Description

The John C. Munro Hamilton International Airport Zoning Regulations (the Regulations) repeal and replace the Hamilton Airport Zoning Regulations to update the protections from incompatible development and to reflect the new name of the airport.

The Regulations reflect the current and future airport operations. Runway 12R-30L is now used as a taxiway and is no longer zoned. Runway 12L-30R has been renamed runway 12-30 and the runway strip has been extended by 611.54 metres. Runway 07-25 has been renamed runway 06-24 and the runway strip has been extended by 854.40 metres. The dimensions of the obstacle limitation surfaces are summarized in the table below.

Runway

Runway Strip Length (metres)

Approach Surface Slope/Distance (percentage/metres)

Approach Surface Horizontal Distance (metres)

Transitional Surface (percentage)

Outer Surface Height/Radius (metres)

12

3 169.94

1.66% for 3 000

then 2% for 12 000

15 000

14.3%

45 / 4 000

30

3 169.94

1.66% for 3 000

then 2% for 12 000

15 000

14.3%

45 / 4 000

06

2 864.40

1.66% for 3 000

then 2% for 9 000

9 000

14.3%

45 / 4 000

24

2 864.40

1.66% for 3 000

then 2% for 12 000

15 000

14.3%

45 / 4 000

The restrictions on the disposal of waste have been replaced by a wildlife hazard restriction which includes any land use or activities that attract wildlife that may create a hazard to aviation safety. The wildlife hazard zone applies to lands under the four-kilometre circular outer surface and also under the approach surfaces to a distance of eight kilometres.

There is a restriction on the development of lands under the outer surface from being used in a manner that would cause interference with any signal or communication to and from an aircraft or to and from any facility used to provide services relating to aeronautics.

“One-for-One” Rule

The “One-for-One” Rule does not apply to this proposal, as there is no change in administrative costs to business.

Small business lens

The small business lens does not apply to this proposal, as there are no costs on small business.

Consultation

The consultation required for AZRs includes early notice to stakeholders of Transport Canada’s intention to make new or amended regulations, a 60-day formal public consultation period, and notification when the AZRs have been approved and deposited on record in the office of the provincial registrar of lands.

The City of Hamilton is the owner of the airport, which is operated by Tradeport International Corporation. Both owner and operator requested the amendment to the AZRs and paid the associated costs.

As part of the early consultation activities, Transport Canada briefed the affected municipalities including the County of Brant, Haldimand County, and Tradeport International Corporation on February 20, 2013, and the City of Hamilton on May 27, 2013. The briefings consisted of a summary of the process to enact airport zoning regulations, Transport Canada’s intention to publish public notices in the local newspaper, and an explanation of the impact of the Regulations on lands within their jurisdictions.

None of the municipalities had any objections to the proposed Regulations. The County of Brant requested that the public notice be published in its local newspapers.

A public notice of Transport Canada’s intention to make new regulations for the John C. Munro Hamilton International Airport was published in the following newspapers: the Hamilton Spectator on June 22, 2013; the Régional — the week of June 19 to June 25, 2013, the Brantford Expositor on June 19, 2013; and the Brant News on June 20, 2013.

Transport Canada did not receive any inquiries from the general public following the publication of the public notice in local newspapers.

Letters dated June 19, 2013, were sent to two aboriginal groups: Six Nations of the Grand River and the Mississaugas of the New Credit. The letters provided notification of Transport Canada’s proposed Regulations and contact information. Subsequently, Six Nations of the Grand River requested a meeting with Transport Canada representatives. On August 26, 2013, Transport Canada met with Six Nations of the Grand River in Ohsweken, Ontario, and briefed them on the proposed Regulations and answered questions to their satisfaction.

The proposed Regulations were published in the Canada Gazette, Part I, on March 5 and March 12, 2016. A public notice for the proposed Regulations and start of the 60-day consultation period 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.

The public notice and a link to the Canada Gazette, Part I, were also published on the Transport Canada Ontario region website in both official languages. The website provided a diagram depicting the outer limit of the land in respect of which the proposed Regulations will apply.

On March 8, 2016, Transport Canada sent a second letter to the Mississaugas of the New Credit and to the Six Nations of the Grand River to inform them that the official notice of the proposed Regulations had been prepublished in the Canada Gazette, Part I, on March 5, 2016. No responses were received.

Social media posts on Twitter and Facebook were published on March 6, 2016, to advise the public that proposed Regulations had been prepublished in the Canada Gazette, Part I, and more information was available on the Transport Canada Ontario region website. On March 31, 2016, posts on Twitter and Facebook were published to advise the public that the John C. Munro Hamilton International Airport would be hosting a public information session. There was no response to the Twitter post. The Facebook post received five likes and one comment in support of the revised AZRs.

On March 31, 2016, the John C. Munro Hamilton International Airport held a public information session from 6:00 p.m. to 8:00 p.m. The session was attended by 14 members of the public, representatives from Tradeport International Corporation, Public Services and Procurement Canada, NAV CANADA, the City of Hamilton and Transport Canada. Members of the public had questions regarding the impact of the proposed AZRs on their properties with respect to height restrictions, grandfathering of irrigation and storm water drainage ponds, as well as agricultural land uses. The Regulations will not adversely affect the land owners who were in attendance. The agricultural activity around the airport had not previously been identified as hazardous or incompatible with the safe operations of aircraft or the airport.

During the 60-day consultation period, three members of the public wrote to the Minister of Transport. One member of the public was interested in the height restrictions on his property. No potential violations to the proposed Regulations were identified. Two members of the public requested copies of the proposed Regulations. Transport Canada responded in writing to all inquiries and provided the requested information.

On April 13, 2016, Transport Canada met with representatives from a development company to discuss height restrictions associated with the proposed AZRs. Questions were answered and no further comments were received.

No changes were made to the legal text of the proposed Regulations as a result of the public consultation. The Regulations have been deposited in the local land registry office. The full text was published in two successive issues of the Hamilton Spectator, the Brantford Expositor, the Brant News and the Régional newspapers.

Rationale

With the Regulations, the airspace associated with the John C. Munro Hamilton International Airport will be kept obstacle-free, increasing the safety of aircraft operating at or in the vicinity of the airport. Also, the Regulations include restrictions on land use and activities incompatible with the safe operation of the airport and aircraft.

The costs of the Regulations were borne by the owner and operator of the airport and were lost opportunity costs that could not be quantified.

Implementation, enforcement and service standards

The approved Regulations and plans were deposited in the Land Titles Office in the County of Brant, Haldimand County, and the City of Hamilton.

Copies of the approved Regulations and plans were distributed to municipal planning departments, the John C. Munro Hamilton International Airport, NAV CANADA, and Transport Canada offices.

Department of Transport Civil Aviation Safety inspectors monitor and enforce compliance.

Contact

Imi Waljee
Associate Director
Operations West
Ontario Region
4900 Yonge Street, 4th Floor
Toronto, Ontario
M2N 6A5
Telephone: 1-800-305-2059
Fax: 1-877-822-2129