Vol. 146, No. 11 — May 23, 2012

Registration

SOR/2012-91 May 4, 2012

AERONAUTICS ACT

Qikiqtarjuaq Airport Zoning Regulations

P.C. 2012-603 May 3, 2012

Whereas, pursuant to subsection 5.5(1) (see footnote a) of the Aeronautics Act (see footnote b), a notice of the proposed Qikiqtarjuaq Airport Zoning Regulations was published in two successive issues of the Nunatsiaq News on February 10 and February 17, 2012, 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 19 and March 26, 2011, and a reasonable opportunity was thereby 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 Qikiqtarjuaq 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), hereby makes the annexed Qikiqtarjuaq Airport Zoning Regulations.

QIKIQTARJUAQ AIRPORT ZONING REGULATIONS

INTERPRETATION

Definitions

1. The following definitions apply in these Regulations.

“airport”
« aéroport »

“airport” means the Qikiqtarjuaq Airport, in the vicinity of Qikiqtarjuaq, in Nunavut.

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

“airport reference point” means the point 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 the imaginary surface that is associated with the airport 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 the strip surface and its approach surfaces and that is described in Part 5 of the schedule.

“zoning plan”
« plan de zonage »

“zoning plan” means Plan No. E 3262, prepared by the Department of Public Works and Government Services and dated December 1, 2008.

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:

  1. (a) an approach surface;

  2. (b) the outer surface; or

  3. (c) a transitional surface.

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 the outer surface 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:

  1. (a) an approach surface;

  2. (b) the outer surface; or

  3. (c) a transitional surface.

WILDLIFE HAZARD

Prohibition — activities or uses

6. (1) A person must not use or permit another person to use any of the lands 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 as a site for an open water storage reservoir for a period of 48 hours or less.

COMING INTO FORCE

Requirements — s. 5.6(2) of Aeronautics Act

7. 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 20, Universal Transverse Mercator (UTM) projection. Grid coordinates have been computed using a combined average scale factor of 0.9996175.

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

PART 1

AIRPORT REFERENCE POINT

The airport reference point, as shown on the zoning plan, is the geometric centre of the runway thresholds, at grid coordinates 7 492 677.709 N, 456 035.255 E (latitude 67°32′48″ N, longitude 64°01′54″ W). It is located on the centre line of the strip surface at a distance of 640.425 m from the end of the strip surface associated with runway 03-21, and its assigned elevation is 4.48 m above sea level.

PART 2

APPROACH SURFACES

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

  1. (a) an imaginary inclined surface abutting the end of the strip surface associated with runway approach 03 and ascending, from an assigned elevation of 3.98 m above sea level, at a ratio of 1 m measured vertically to 25 m measured horizontally, to an imaginary horizontal line drawn at right angles to the projected centre line of the strip surface and distant 2 500 m measured horizontally from the end of the strip surface; the outer ends of the imaginary horizontal line being 280 m from the projected centre line and 100 m above the assigned elevation at the end of the strip surface associated with runway approach 03; and

  2. (b) an imaginary inclined surface abutting the end of the strip surface associated with runway approach 21 and ascending, from an assigned elevation of 4.11 m above sea level, at a ratio of 1 m measured vertically to 25 m measured horizontally, to an imaginary horizontal line drawn at right angles to the projected centre line of the strip surface and distant 2 500 m measured horizontally from the end of the strip surface; the outer ends of the imaginary horizontal line being 280 m from the projected centre line and 100 m above the assigned elevation at the end of the strip surface associated with runway approach 21.

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 elevation of the abutting end of the strip surface, and increases at the constant ratios set out in this Part.

PART 3

OUTER SURFACE

The outer surface, as shown on the zoning plan, is an imaginary surface extending outward from the airport reference point to a radius of 4 000 m. It is 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.

PART 4

STRIP SURFACE

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 strip surface centre line between the strip surface thresholds is divided into segments, each of which has a slope that increases or decreases at the constant ratio set out in Column 7 of the table to this Part. The elevation of any point along a segment is calculated using the data set out in that table.

The strip surface, as shown on the zoning plan, is an imaginary rectangular surface described as follows:

the strip surface associated with runway 03-21 is 60 m in total width, being 30 m on either side of the centre line of the runway. The strip surface commences 60 m to the southwest of threshold 03 and ends 60 m to the northeast of threshold 21, having a total length of 1 280.85 m. The 03 end of the strip surface has an assigned elevation of 3.98 m and the 21 end of the strip surface has an assigned elevation of 4.11 m. The azimuth of the centre line of runway 03-21 is N 34°01′10″ E. Threshold 03 has grid coordinates of 7 492 196.81 N and 455 710.65 E, and threshold 21 has grid coordinates of 7 493 158.61 N and 456 359.86 E.

DATA FOR CALCULATING ELEVATION BETWEEN THRESHOLDS
ALONG CENTRE LINE OF RUNWAY 03-21

Column 1









Segment

Column 2






Starting
point of segment

Column 3






Assigned elevation of starting point (m)

Column 4






End point
of segment

Column 5



Distance between starting
and end points of segment 
(m)

Column 6





Assigned elevation of end point 
(m)

Column 7





Constant ratio
for calculating elevation of
any point
along segment

1.

Thresh-
old 03

3.98

Inter-
mediate point A

580.425

4.48

+1 : 1160.850

2.

Inter-
mediate point A

4.48

Thresh-
old 21

580.425

4.11

-1 : 1568.7162

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 5 m measured horizontally at right angles to the centre line and projected centre line of the strip surface, 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 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.

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 is defined by a circle with a radius of 4 000 m centred on the airport reference point, as shown on the zoning plan.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the regulations.)

Issue and objectives

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 an airport 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.

Between 1990 and 1995 the Minister of Transport entered into agreements to transfer 49 airports owned by Transport Canada to the Government of the Northwest Territories (GNWT). The transfer agreements included a commitment for Transport Canada to establish airport zoning regulations at specific airports. Airport zoning regulations were then made for all but nine airports. On April 1, 1999, the Nunavut territory was formed, which included these nine airports. These airports were Iqaluit, Qikiqtarjuaq, Sanikiluaq, Pond Inlet, Pangnirtung, Kugaaruk, Kimmirut, Clyde River and Cape Dorset.

In October 2000 a meeting was held between officials from the Nunavut Airports Directorate and Transport Canada, Prairie and Northern Region (PNR). The Nunavut government formally requested that Transport Canada investigate and pursue making federal zoning regulations for the outstanding airports in the eastern portion of their territory at public expense.

Nowhere in Canada are airport transportation services more vital to a community’s survival than in the North. In accordance with the terms of the Arctic airport transfer agreements between Transport Canada and the territorial government(s), Transport Canada must establish airport zoning regulations for these airports. The airport zoning regulations will protect the ongoing viability of these nine Nunavut airports and ensure the survival of these communities in the North.

Description and rationale

The proposal implements zoning regulations at eight Nunavut airports. The Qikiqtarjuaq Airport Zoning Regulations, Sanikiluaq Airport Zoning Regulations, Pond Inlet Airport Zoning Regulations, Pangnirtung Airport Zoning Regulations, Kugaaruk Airport Zoning Regulations, Kimmirut Airport Zoning Regulations, Clyde River Airport Zoning Regulations, and Cape Dorset Airport Zoning Regulations (collectively defined as the regulations) provide protection against development and land uses around the airport that are not compatible with safe airport operations and associated aircraft activities.

With the regulations, the airspace associated with these airports will be kept obstacle-free, increasing the safety of aircraft operating in the vicinity of the airport. The regulations impose height limitations on new structures that would be constructed within 4 km of the mid-point of the runway (outer surface).

The regulations provide protections against developments within the outer surface that would cause an interference with any signals or communications to and from an aircraft or to and from any facility used to provide services relating to aeronautics.

The regulations also include a clause to prevent land uses or activities that may attract wildlife, particularly birds, that may create a hazard for aviation safety within the outer surface.

The Iqaluit Airport Zoning Regulations are currently under review and are not part of this submission package.

Benefits and costs

With the regulations, the airspace associated with each airport will be kept obstacle-free, increasing the safety of aircraft operating in the vicinity of each airport. The risk of electronic interference will be reduced and future communication and navigation services will be protected. By restricting land uses and activities attractive to birds, the regulations reduce the risk of bird strikes.

No existing structures will be removed directly and solely because of the regulations. There should be no major negative effects on land development patterns or land values in the vicinity of the airport.

The costs of the regulations are being borne by Transport Canada, which include technical expertise related to the processing of the regulations, such as completion of the zoning surveys, drafting, printing and publishing the regulations. These costs are far outweighed by the benefits of increased safety for the airport operations.

Consultation

Transport Canada conducts three types of early consultation: municipal, aboriginal and with potentially affected landowners.

The Department of Community and Government Services of the Government of Nunavut was briefed during the winter of 2003 and spring of 2004.

Aboriginal consultation was held concurrently with the potentially affected landowners information launch. This included, but was not limited to, the posting on a Web site of maps of the zoning and proposed regulations for each airport, as well as download capability, publication in the local newspapers and letters being sent directly to all aboriginal parties and communities in the areas affected.

The proposed regulations were pre-published in two successive issues of the Canada Gazette, Part Ⅰ, in both official languages, on March 19, 2011, and March 26, 2011, followed by a 60-day comment period (from the first publication). A Public Notice was published in two issues of the Nunatsiaq News on March 18, 2011, and April 8, 2011, and again on February 10, 2012, and February 17, 2012, providing notice of the proposed regulations and directing the public to a Web site containing the text of the proposed regulations.

Initial engagement letters were sent to 15 aboriginal associations on March 21, 2011, and follow-up calls were made to the affected aboriginal communities in April 2011.

The City of Iqaluit sent a letter during the 60-day consultation period outlining issues with existing and proposed development within the 4 km outer surface. Transport Canada regional civil aviation officials are presently working with the City and the airport operator, which is the Government of Nunavut, to address these issues. Transport Canada has decided to delay the Iqaluit Airport Zoning Regulations until such time as these issues are resolved.

One phone call was received during the 60-day consultation period from a stakeholder requesting clarification of the proposed zoning regulation at Iqaluit. Two phone calls and an email were received from the Government of Nunavut, Kitikmeot Senior Regional Planner’s office and the Kitikmeot Inuit Association requesting clarification of the 4 km outer surface. These inquiries were responded to and resolved by the Transport Canada, Prairie and Northern Region, office.

Implementation, enforcement and service standards

The regulations will be filed in the Land Titles Office in Iqaluit upon final approval.

Each airport will provide copies of the final zoning plans and the regulations to land use authorities/municipal planners and other key stakeholders. The airports and the regional community planners will monitor developments in the vicinity of the airports for compliance with the regulations.

Department of Transport civil aviation safety inspectors will monitor and enforce compliance.

Contact

Wayne Woloshyn
Civil Aviation
Prairie and Northern Region
1100 Canada Place
9700 — Jasper Place
Edmonton, Alberta
T5J 4E6
Telephone: 780-495-8322
Fax: 780-495-5190
Email: wayne.woloshyn@tc.gc.ca

Footnote a
R.S., c. 33 (1st Supp.), s.1

Footnote b
R.S., c. A-2

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

Footnote d
R.S., c. 33 (1st Supp.), s.1

Footnote e
R.S., c. A-2