Vol. 145, No. 12 — March 19, 2011
ARCHIVED — Airport Zoning Regulations Respecting Nine Airports in the Nunavut Territory
Statutory authority
Aeronautics Act
Sponsoring department
Department of Transport
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 (AZR) 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.
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 proposed Iqaluit Airport Zoning Regulations, 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 proposed 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 proposed regulations would provide different types of protection against development and land uses around the airport that would not be compatible with safe airport operations and associated aircraft activities.
With the proposed regulations, the airspace associated with these airports would be kept obstacle-free, increasing the safety of aircraft operating in the vicinity of the airport. The proposed regulations will impose height limitations on new structures that would be constructed within 4 km of the mid-point of the runway at all airports except Iqaluit. In the case of Iqaluit Airport, this area is larger as it will encompass the lands within the 4 km radius, as well as the lands under the approach flares that are 15 km in length. Iqaluit is an International Civil Aviation Organization (ICAO) alternate airport and, as such, must have the runway capability to land large commercial aircraft.
The proposed regulations would provide protections against developments within 4 km 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 proposed regulations would 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 a 4 km radius centred upon the mid-point of the runway.
Benefits and costs
With the proposed regulations, the airspace associated with the airports would be kept obstacle-free, increasing the safety of aircraft operating in the vicinity of the airport. The risk of electronic interference would be reduced and future communication and navigation services would be protected. By restricting land uses and activities attractive to birds, the AZR would reduce the risk of bird strikes.
No existing structures would be removed directly and solely because of the proposed regulations. There would be no major negative effects on land development patterns or land values in the vicinity of the airport.
The costs of the proposed 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 community planning departments of the Department of Community Government Services were briefed during the winter of 2003 to spring 2004.
Aboriginal consultation will be held concurrently with the potentially affected landowners information launch. This will include, but not be 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.
Implementation, enforcement and service standards
The proposed regulations would be filed in the Land Titles Office in Iqaluit upon final approval.
Each airport will provide copies of the final zoning plans and the proposed 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 proposed regulations.
Department of Transport Civil Aviation Safety Inspectors will monitor and enforce compliance.
Contact
Wayne Woloshyn
Regional Manager
Aerodrome Safety and Air Navigation
Transport Canada
344 Edmonton Street
Winnipeg, Manitoba
R3C 0P6
Telephone: 204-984-7243
Fax: 204-983-0281
Email: wayne.woloshyn@tc.gc.ca