Vol. 151, No. 20 — October 4, 2017

Registration
SOR/2017-201 September 22, 2017

AERONAUTICS ACT

Montréal–Pierre Elliott Trudeau International Airport Zoning Regulations

P.C. 2017-1177 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 Montréal–Pierre Elliott Trudeau International Airport Zoning Regulations was published in The Suburban and the Courrier Bordeaux-Cartierville on March 16 and 30, 2016, the Messager Lachine & Dorval on March 17 and 31, 2016, and in La Presse, Journal de Montréal and the Montreal Gazette on March 16 and 30, 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 February 27 and March 5, 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 Montréal–Pierre Elliott Trudeau 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 Montréal–Pierre Elliott Trudeau International Airport Zoning Regulations.

Montréal–Pierre Elliott Trudeau International Airport Zoning Regulations

Interpretation

Definitions

1 The following definitions apply in these Regulations.

airport means the Montréal–Pierre Elliott Trudeau International Airport, in the Cities of Dorval, Montréal (Borough of Saint-Laurent) and Pointe-Claire, in the Province of Quebec. (aéroport)

airport reference point means the point 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 the 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 an 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)

zoning plan means Plan No. M2016-10278 (Sheets 1 to 45) prepared by the Department of Public Works and Government Services and dated November 28, 2016. (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 — in particular those lying in the bed of Lake Saint-Louis — 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 any 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 that are under any of the following surfaces in a manner that causes interference with any signal or communication to and from an aircraft or to and 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 in respect of which these Regulations apply 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 in respect of which these Regulations apply as a site for an open water storage reservoir for a period of 48 hours or less.

Repeal

7 The Montreal International Airport Zoning Regulations (see footnote 1) are repealed.

Coming into Force

Requirements — subsection 5.6(2) of Aeronautics Act

8 These Regulations come into force on the day on which the requirements prescribed in subsection 5.6(2) of the Aeronautics Act are met.

SCHEDULE

(Sections 1 and 2)

In this schedule, all grid coordinates are in metres (m) and refer to the 1983 North American Datum, Zone 8, Quebec plane coordinate system (SCOPQ). Grid coordinates have been computed using a combined average scale factor of 0.999902.

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

In this schedule, Strip Surface 06R-24L means the strip surface associated with runway 06R-24L, Strip Surface 06L-24R means the strip surface associated with runway 06L-24R and Strip Surface 10-28 means the strip surface associated with runway 10-28, as defined in Part 4.

PART 1

Airport Reference Point

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

PART 2

Approach Surfaces

The approach surfaces, as shown on the zoning plan, are described as follows:

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

PART 3

Outer Surface

(1) The outer surface, as shown on the zoning plan, is an imaginary surface situated at a constant elevation of 45 m above the airport reference point, but at 9 m above the ground when that elevation would place the outer surface at less than 9 m above the ground.

The limit of the outer surface, in the Cities of Dollard-Des-Ormeaux, Dorval, Montréal (Boroughs of Lachine and Saint-Laurent) and Pointe-Claire, as well as in the bed of Lake Saint-Louis, is described as follows:

(2) Despite the description of the outer surface in subsection (1), for the purposes of the following lands situated in the City of Pointe-Claire, the outer surface means an imaginary surface situated at a constant elevation of 49.18 m above the airport reference point:

PART 4

Strip Surfaces

The elevation of a strip surface at any point is equal to the elevation of the nearest point on the centreline of that strip surface. The elevation of the strip surface centreline 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 centreline between the strip surface thresholds is calculated using a constant ratio between the elevations of the strip surface thresholds.

The strip surfaces, as shown on the zoning plan, are imaginary rectangular surfaces described as follows:

PART 5

Transitional Surfaces

Each transitional surface, as shown on the zoning plan, is an imaginary inclined surface ascending at a ratio of 1 m measured vertically to 7 m measured horizontally at right angles to the centreline and projected centreline of the strip surface, and extending upward and outward from the lateral limits of the strip surface and its approach surfaces to the intersection with the outer surface.

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 centreline 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 centreline of the abutting approach surface.

PART 6

Limit of Area Containing the Lands in Respect of Which These Regulations Apply

The limit of the area containing the lands in respect of which these Regulations apply, as shown on the zoning plan, in the Cities of Côte-Saint-Luc, Dollard-Des-Ormeaux, Dorval, Kirkland, Montréal (Boroughs of Ahuntsic-Cartierville, Lachine and Saint-Laurent), Montréal-Ouest, Mount-Royal and Pointe-Claire, as well as in the bed of Lake Saint-Louis, is described as follows:

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

An amendment to the International Airport Zoning Regulations (the previous Regulations) was first proposed in 1992. However, beginning in 1995, the Province of Quebec began a full cadastral reform that involved changes to the numbering of lots, which resulted in the amendment to the previous Regulations being delayed until the cadastral reform was complete in 2012 so that adjustments could be made accordingly.

Furthermore, in order to align with TP 312 Aerodromes Standards and Recommended Practices, 4th Edition, dated March 1993, the previous Regulations needed to be amended with regard to geometry, runways, obstacles, vegetation control, wildlife hazard, interference with communication and runway protection zones. In addition, some modifications to the zoning plan are the result of the decision by Aéroports de Montréal to abandon the extension of one runway and cancel a proposed new runway. The name of the airport has also been changed since the previous Regulations were last revised. Finally, since the last revision of the previous Regulations in 1976, the imperial system has been replaced by the metric system, so the measurements set out in the previous Regulations and the zoning plan need to be converted to metric units.

Background

The Montreal International Airport changed its name to Montréal–Pierre Elliott Trudeau International Airport on January 1, 2004. The airport opened in September 1941, and its first airport zoning regulations were created on April 13, 1955. Since then, the regulations have been amended three times. One amendment was approved on May 13, 1957, and another was approved on December 9, 1965. The Montreal International Airport Zoning Regulations were tabled on April 8, 1976. In 1988, the Cartierville Airport was closed, eliminating part of the zoning shared by the two airports. Since 1955, the airport boundaries have gradually become urbanized around the entire perimeter. There has been development and expansion. Air traffic has also increased dramatically, and aircraft performance has improved significantly.

Objectives

The safety of aircraft operating within the airspace surrounding our airports is extremely important to individuals and federal, provincial and municipal governments. Airport zoning regulations (AZR) are implemented to ensure that the land adjacent and in proximity to airports is used in a manner that is compatible with the safe operation of aircraft and of the airport. AZR are enacted not only to protect current airport operations, but also to ensure that potential and future development surrounding the airport remains compatible with the safe operation of aircraft and of the airport. Because aeronautics falls under federal jurisdiction, AZR are the legal means for restricting incompatible development adjacent to and near the airport.

The Montréal–Pierre Elliott Trudeau International Airport Zoning Regulations (the Regulations) restrict the height of new buildings, structures and objects (including trees), and any additions to objects on land situated adjacent to or in the vicinity of the airport, structures and existing buildings. The land covered by the Regulations is also restricted in its use for the following activities:

The Regulations also include the abandonment of the proposed extension to Runway 10-28 and the abandonment of the protection for a potential Runway 12-30. In addition, the exact name of the airport is included to reflect the airport’s full name: Montréal–Pierre Elliott Trudeau International Airport.

Description

The Montréal–Pierre Elliott Trudeau International Airport Zoning Regulations (the Regulations) repeal the Montreal International Airport Zoning Regulations to update the protections from incompatible development and to reflect the new name of the airport.

The Regulations adjust the geometry of more than 28 000 lots in order to align with the provincial cadastral reform. The Regulations and the associated zoning plan will make development by municipalities around the Montréal–Pierre Elliott Trudeau International Airport less restrictive. The Regulations also restrict the height of new buildings, structures and objects and additions to the height of existing buildings, structures and objects, including natural growth, within a radius of approximately 4 km from the centre of the airport and 6 km from the take-off/approach surface to the end of the runways (obstacles of all types). The width of the runway strips changed from 600 feet (182.88 m) to 150 m (492 feet). The transitional surfaces, therefore, without being modified in terms of volume, needed to be translated to follow the runway strips. The maximum height of the outer surface changed from 150 feet (45.72 m) to 45 m (147.645 feet), which also changed the elevation of the reference point by 2.5 feet so that the maximum heights (based on mean sea level) remain the same. The slope of the approach surfaces remains the same, but again, some translation occurred because the beginning of the runway strips changed from 300 feet (91.44 m) to 60 m (197 feet). The length of the approach surfaces is now 6 km for all runways combined; in the previous zoning plan, each runway had a different length between 2 100 m and 2 400 m.

The Regulations prohibit the land, adjacent to or within the airport boundaries, from being used or developed in a manner that would cause interference with any signals or communications between aircraft and/or any facilities used for communications or guidance services relating to aeronautics in the entire area covered by the zoning regulations. The previous Regulations did not contain any clauses that addressed these concerns. The Regulations also prohibit the land from being used in a manner that would attract wildlife and create a fauna and bird hazard. The Regulations limit certain human and industrial activities such as waste disposal, water parks and growth that attracts wildlife. The Regulations impose restrictions such as certain types of growth on operators and owners of real estate to ensure that the land is not used for activities or purposes that could attract wildlife, particularly wildlife that could pose a risk to aviation safety. This prohibition covers the entire area covered by the Regulations.

The Regulations reflect Montréal–Pierre Elliott Trudeau International Airport’s plan to remove from the zoning regulations the planned Runway 12-30 and the 3 000-foot extension of Runway 10-28. These projects have been abandoned by the airport authority, Aéroports de Montréal.

In addition, following prepublication in the Canada Gazette, Part I, changes were made to the text of the Regulations to update the terminology.

“One-for-One” Rule

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

Small business lens

The small business lens does not apply, as this proposal does not impose any costs on small businesses.

Consultation

As part of consultation activities prior to publication in the Canada Gazette, Part I, Transport Canada informed the affected municipalities and organizations, including the City of Montréal (Ahuntsic-Cartierville, Lachine and Saint-Laurent boroughs), the City of Dorval, the City of Dollard-Des-Ormeaux, the City of Côte-Saint-Luc, the Town of Kirkland, the Town of Montréal-Ouest, the Town of Mount Royal, the City of Pointe-Claire, Aéroports de Montréal and the Centre d’expertise hydrique du Québec. On February 12, 2014, letters were sent containing a summary of the process for amending the Montreal International Airport Zoning Regulations.

Transport Canada also published a public notice in three weekly newspapers: the Messager de Lachine (Dorval and Lachine) on Thursday, April 3, 2014; The Chronicle (Pointe-Claire and Kirkland) on April 2, 2014; and Le Courrier Bordeaux-Cartierville on April 3, 2014. A notice was also published in three national newspapers (La Presse, the Montreal Gazette and Le Journal de Montréal) on March 29, 2014. The notice included an explanation of the impact of the Regulations on the land within their jurisdiction, links to the previous Regulations, information about the stages of the amendment process, and contact information for Transport Canada.

A second notice was sent to the following municipalities and one organization on March 24, 2014, to inform them about the amendment process for the airport zoning regulations, because they did not contact the Department: Côte-Saint-Luc, Dollard-Des-Ormeaux, Dorval, Kirkland, Montréal-Ouest, Mount Royal, Pointe-Claire, Lachine and the Centre d’expertise hydrique du Québec.

A meeting was held with representatives of the City of Montréal on February 27, 2014. After the presentation, representatives asked when comments could be made following the publication of the proposed amendment in the Canada Gazette, Part I. Transport Canada informed the city representatives of the possible publication date and said that they could submit comments once the proposed amendment was published.

A meeting was held with representatives of the Borough of Saint-Laurent on March 14, 2014. After the presentation, the borough representatives wanted the digital version of the Regulations and the associated zoning plan for inclusion in their database. Transport Canada stated that a digital copy of the Regulations and copy of the plan would be sent to them after the documents were published in the Canada Gazette, Part II. The borough has a proposal for a wetlands nature park and is aware that it will have to comply with the requirements of the Regulations if the park is created. The borough has partnered with the airport to manage any safety concerns that may arise from the nature park.

A meeting was held with representatives of the Borough of Ahuntsic-Cartierville on April 1, 2014. After the presentation, the borough representatives did not have any concerns.

A meeting was held with representatives of the City of Dollard-Des-Ormeaux on April 7, 2014. After the presentation, the city representatives did not have any concerns.

A meeting was held with representatives of the City of Dorval on April 9, 2014. After the presentation, the city representatives wanted a copy of the digital version of the Regulations and the associated zoning plan for inclusion in their database. Transport Canada stated that a digital copy of the Regulations and copy of the plan would be sent to them after the documents were published in the Canada Gazette, Part II. The city representatives also had questions about how the allowable heights would be determined for new buildings under construction and future construction projects. Transport Canada explained how these heights were determined depending on the zoning requirements and suggested consulting certified land surveyors to ensure that the restrictions were met.

A meeting was held with representatives of the City of Pointe-Claire on April 18, 2014. After the presentation, the city representatives wanted a copy of the digital version of the Regulations and the associated zoning plan. Transport Canada stated that a digital copy of the Regulations and copy of the plan would be sent to them after the documents were published in the Canada Gazette, Part II. After the presentation, the city representatives did not have any concerns.

A meeting was held with representatives of the Borough of Lachine on April 22, 2014. After the presentation, the borough representatives did not have any concerns.

Transport Canada did not receive any comments from the general public regarding the publication of the notice in local and national newspapers.

The proposed Regulations were published in the Canada Gazette, Part I, on February 27, 2016, and March 5, 2016, followed by a 60-day comment period. Three written comments were received as well as many phone calls from the public on how the Regulations might affect them; all of these were answered either by letter, email or telephone. In addition to the publication in the Canada Gazette, Part I, a public notice was also published in local newspapers, namely The Suburban and Le Courrier Bordeaux-Cartierville on March 16 and 30, 2016, and the Messager de Lachine (Dorval) on March 17 and 31, 2016, as well as three national newspapers, namely La Presse, Le Journal de Montréal and the Montreal Gazette on March 16 and 30, 2016. The public notice announced the proposed Regulations and the beginning of a 60-day period of public consultation. The public notice included a link to the Canada Gazette, Part I, website, where the proposed Regulations were posted, as well as a notice of an open house where interested parties could find out more about the proposed Regulations, and the mailing and email addresses where written observations could be sent to the Minister of Transport.

Two public consultations were held: one on Wednesday, April 6, 2016, between 8 p.m. and 10 p.m. and one on Saturday, April 16, 2016, between 10 a.m. and 12 p.m. At the first consultation, approximately 10 people were present, including a television crew as well as a journalist from a local newspaper. At the second consultation, there were a dozen people who attended, including representatives from the media. Many concerns were raised regarding the daily operations at the Montréal–Pierre Elliott Trudeau International Airport that were not related to the Regulations. With regard to the Regulations, most of the questions were concerning their impact on the owners’ property and the new wildlife clause within the limits of the surfaces prohibiting the creation of situations that might attract wildlife. Few questions were raised relative to natural growth or interference with communications. Most concerns expressed were about the frequency of the aircraft overflight and the noise created by them, low flying aircraft, the renunciation of the Runway 10-28 extension and the withdrawal of the new Runway 12-30, which would have reduced the number of movements on the approach and departure from Runways 06L-24R and 06R-24L. However, these concerns are not related to or impacted by the Regulations.

Minor modifications have been made without impact on the Regulations text and the zoning plan: the zoning plan’s number has been changed since the publication in the Canada Gazette, Part I, following the update of the municipal lot numbers, and minor editorial corrections were made to the runway identification. The plan no. M2016-10278, sheets 1 to 45, prepared by the Department of Public Works and Government Services and dated November 28, 2016, constitutes a revision of the plan no. M2009-9540, sheets 1 to 45, prepared by the Department of Public Works and Government Services.

Rationale

Transport Canada is the owner of the airport, which is operated by Aéroports de Montréal (ADM). The owner has requested the repeal of the previous Regulations and their replacement by the Montréal–Pierre Elliott Trudeau International Airport Zoning Regulations and paid the associated costs.

In the Regulations, the airspace associated with Montréal–Pierre Elliott Trudeau International Airport remains free of obstacles, thus increasing the safety of aircraft operating at or near the airport. The Regulations also include restrictions on land use and activities that are incompatible with the safe operation of the airport and of aircraft. Those buildings or structures that were previously subject to an exemption or that complied with the previous Regulations but do not comply with the Regulations were identified by the Intrusions Report, deemed to exist, and are not subject to the Regulations.

Implementation, enforcement and service standards

The Regulations and the approved zoning plans will be filed with the Bureau de publicité des droits du Québec. A copy of the Regulations and approved plans was distributed to the municipal planning departments of the affected cities, towns and boroughs, the Montréal–Pierre Elliott Trudeau International Airport, NAV CANADA, and Transport Canada offices following the publication in the Canada Gazette, Part II. Inspectors from the Transport Canada Civil Aviation Directorate are responsible for monitoring and compliance. Aéroports de Montréal remains the primary stakeholder and is responsible for informing Transport Canada of any violations of these Regulations.

Contact

Regional Director
Civil Aviation Quebec Region
700 Leigh Capreol Place
Dorval, Quebec
H4Y 1G7
Telephone: 514-633-3159
Fax: 514-633-3052