Vol. 149, No. 30 — July 25, 2015

Pickering Airport Site Zoning Regulations

Statutory authority

Aeronautics Act

Sponsoring department

Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

For the Regulatory Impact Analysis Statement, see the Pickering Airport Site Order.

PROPOSED REGULATORY TEXT

Notice is given, pursuant to subsection 5.5(1) (see footnote a) of the Aeronautics Act (see footnote b), that the Governor in Council, pursuant to paragraphs 5.4(2)(b) (see footnote c) and (c) (see footnote d) of that Act, proposes to make the annexed Pickering Airport Site Zoning Regulations.

Interested persons may make representations concerning the proposed Regulations to the Minister of Transport within 60 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Joseph Szwalek, Regional Director, Civil Aviation — Ontario, Department of Transport, 4900 Yonge Street, 4th Floor, Toronto, Ontario M2N 6A5 (tel.: 1-800-305-2059; fax: 1-877-822-2129; email: CASO-SACO@tc.gc.ca).

Ottawa, July 10, 2015

JURICA ČAPKUN
Assistant Clerk of the Privy Council

PICKERING AIRPORT SITE ZONING REGULATIONS

INTERPRETATION

Definitions

1. The following definitions apply in these Regulations.

“airport”
« aéroport »

“airport” means the Pickering Airport Site, in the City of Pickering, Regional Municipality of Durham, Province of Ontario, as described in Part 8 of the schedule.

“airport reference point”
« point de référence de l’aéroport »

“airport reference point” means the point that is described in Part 1 of the schedule.

“approach surface”
« surface d’approche »

“approach surface” means an imaginary inclined surface that extends upward and outward from each end of the strip surface and that is described in Part 2 of the schedule.

“outer surface”
« surface extérieure »

“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.

“strip surface”
« surface de bande »

“strip surface” means an imaginary surface that is associated with a runway and that is described in Part 4 of the schedule.

“transitional surface”
« surface de transition »

“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.

“wildlife hazard zone”
« zone de péril faunique »

“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.

“zoning plan”
« plan de zonage »

“zoning plan” means Plan No. 18-001 : 12-107-002 (Sheets 1 to 27), prepared by the Department of Public Works and Government Services and dated January 28, 2014.

APPLICATION

Lands near airport

2. These Regulations apply in respect of all lands that are adjacent to or in the vicinity of the airport 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 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 surface referred to in section 3 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 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 Pickering Airport Site Zoning Regulations (see footnote 1) are repealed.

COMING INTO FORCE

Requirements  — s. 5.6(2) of the 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, 2 and 6)

In this schedule, all grid coordinates are in metres (m) and refer to the 1983 North America Datum – GRS80 Ellipsoid (NAD83 Original), Zone 17, Universal Transverse Mercator (UTM) projection. Grid coordinates have been computed using a combined average scale factor of 0.9998387.

In this schedule, all azimuths 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.

PART 1

AIRPORT REFERENCE POINT

The airport reference point, as shown on Sheet 12 of the zoning plan, is a point that may be located as follows:

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, 2, 6, 7, 10 to 21, 25, 26 and 27 of the zoning plan, are surfaces abutting each end of the strip surfaces associated with runways 10R-28L, 10L-28R and 15-33. The approach surfaces are described as follows:

PART 3

OUTER SURFACE

The outer surface, as shown on Sheets 11, 12, 13, 18, 19 and 27 of the zoning plan, is an imaginary surface located at a constant elevation of 45 m above the assigned elevation of 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.

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 Sheets 12, 18 and 27 of the zoning plan, are imaginary rectangular surfaces described as follows:

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 11 to 13, 17 to 19 and 27 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.

PART 6

LIMIT OF AREA CONTAINING LANDS TO WHICH THESE REGULATIONS APPLY

The outer limit of the area containing the lands to which these Regulations apply, as shown on Sheets 1 to 27 of the zoning plan, is generally defined by the outer limit of the area covered by the approach surfaces, outer surface, strip surfaces, transitional surfaces and wildlife hazard zone. The outer limit is located in the City of Markham and the Town of Whitchurch-Stouffville, Regional Municipality of York, and in the City of Pickering, the Town of Whitby, the Town of Ajax, the Township of Uxbridge and the Township of Scugog, Regional Municipality of Durham, and is described as follows:

PART 7

WILDLIFE HAZARD ZONE

The limit of the wildlife hazard zone, as shown on Sheets 1 to 27 of the zoning plan, is in the City of Markham and the Town of Whitchurch-Stouffville, Regional Municipality of York, and in the City of Pickering, the Town of Whitby, the Town of Ajax, the Township of Uxbridge and the Township of Scugog, Regional Municipality of Durham, and is described as follows:

PART 8

AIRPORT LANDS

The lands of the airport are shown outlined in blue on a plan dated February 14, 2013, on record with the Department of Public Works and Government Services at North York, in the Province of Ontario as Item No. 12-107-004-S11, and comprise those lands in the City of Pickering, in the Regional Municipality of Durham, described as follows:

PART OF PIN 26388-0019

Parts of Lots 23 and 24, Concession 9, geographic Township of Pickering, designated as Parts 1 & 2, Plan 40R-27872.

PART OF PIN 26388-0023

Parts of Lots 21 and 22, Concession 9, geographic Township of Pickering, designated as Part 1, Plan 40R-27859.

PIN 26388-0028
PIN 26388-0030

Lots 21 and 22, Concession 8, geographic Township of Pickering, save and except Part 38, Plan 40R-658.

PART OF PIN 26388-0032
PART OF PIN 26388-0050
PIN 26388-0055

Lots 21 and 22, Concession 7, geographic Township of Pickering.

PIN 26388-0057
PIN 26388-0064
PIN 26388-0067

Lots 21 and 22, Concession 6, geographic Township of Pickering, save and except Part 4, Plan 40R-5682, and lands described in CO169230.

PIN 26388-0069

Lots 23 and 24, Concession 6, geographic Township of Pickering, save and except Parts 1 & 2, Plan 40R-5676.

PIN 26388-0071

Lots 25 and 26, Concession 6, geographic Township of Pickering, save and except Parts 1 & 2, Plan 40R-5663.

PIN 26388-0073

Lots 27 and 28, Concession 6, geographic Township of Pickering, save and except Part 1, Plan 40R-5653.

PIN 26388-0075

Lots 29 and 30, Concession 6, geographic Township of Pickering, save and except Highway Plans 150 and 216, Parts 1 & 2, Plan RD332, Part 1, Plan 40R-871, and Parts 1 to 4 inclusive, Plan 40R-5675.

PIN 26388-0077

Lots 31 and 32, Concession 6, geographic Township of Pickering, save and except Road Widenings as described in CO156298 and CO161204, Parts 12, 13 & 14, Plan 40R-791 and Part 3, Plan RD85.

PIN 26388-0079

Lots 33 and 34, Concession 6, geographic Township of Pickering, save and except Parts 8, 9 & 10, Plan 40R-791, and Parts 1, 2 & 3 on Expropriation Plan 121.

PIN 26388-0081

Lot 35, Concession 6, geographic Township of Pickering, save and except Parts 3 to 6 inclusive, Plan 40R-791.

PIN 26396-0017

Parts of Block 24, Plan 40M-1538, designated as Parts 1 & 2, Plan 40R-17462, and Part 22, Plan 40R-17151.

PIN 26396-0018

Lot 19, Concession 8, geographic Township of Pickering, designated as Part 1, Plan 40R-11412, save and except Part 1, Plan 40R-14953.

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