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Edmonton Garrison Heliport Zoning Regulations (SOR/2004-86)

Regulations are current to 2024-04-01

Edmonton Garrison Heliport Zoning Regulations

SOR/2004-86

AERONAUTICS ACT

Registration 2004-04-22

Edmonton Garrison Heliport Zoning Regulations

P.C. 2004-431 2004-04-22

Whereas, pursuant to subsection 5.5(1)Footnote a of the Aeronautics Act, a copy of the proposed Edmonton Garrison Heliport Zoning Regulations, substantially in the annexed form, was published in two successive issues of a newspaper serving the area to which the proposed Regulations relate, namely on March 28 and 29, 2002, and in two successive issues of the Canada Gazette, Part I, on March 30 and April 6, 2002, and a reasonable opportunity was afforded to interested persons to make representations to the Minister of National Defence with respect to the proposed Regulations;

And whereas the proposed Regulations would prevent lands adjacent to or in the vicinity of the Edmonton Garrison Heliport from being used or developed in a manner that is, in the opinion of the Minister of National Defence, incompatible with the safe operation of an airport or aircraft;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of National Defence, pursuant to paragraph 5.4(2)(b)Footnote a of the Aeronautics Act, hereby makes the annexed Edmonton Garrison Heliport Zoning Regulations.

Interpretation

1 The definitions in this section apply in these Regulations.

approach surfaces

approach surfaces means the imaginary inclined planes that extend upward and outward from the heliport boundary or from each end of a strip and are described in Part 3 of the Schedule. (surfaces d’approche)

bird hazard area

bird hazard area means the area adjacent to or in the vicinity of the heliport the outer limits of which are described in Part 5 of the schedule. (zone de péril aviaire)

heliport

heliport means the Edmonton Garrison Heliport, in the Municipal District of Sturgeon, in the Province of Alberta. (héliport)

heliport zoning reference point

heliport zoning reference point means the point that is 677 m above sea level and is described in Part 1 of the schedule. (point de repère du zonage de l’héliport)

Plan

Plan means the Department of Public Works and Government Services Plan, Edmonton Garrison Heliport, No. E.3104, dated December 31, 2001. (plan)

strip

strip means a rectangular portion of the landing area of the heliport, including the runway, that is prepared for the take-off and landing of aircraft in a particular direction and is described in Part 2 of the schedule. (bande)

Application

2 These Regulations apply in respect of all lands, other than lands that form part of the heliport but including public road allowances, that are adjacent to or in the vicinity of the heliport, the outer limits of which lands are described in Part 4 of the schedule.

Building Restriction

3 No person shall place, erect or construct, or permit to be placed, erected or constructed, on any lands in respect of which these Regulations apply any building, structure or object, or an addition to any existing building, structure or object, the highest point of which would exceed an approach surface in elevation at the location of the building, structure or object.

Natural Growth

4 No owner or lessee of any lands in respect of which these Regulations apply shall permit an object of natural growth on the lands to exceed in elevation an approach surface that projects immediately over and above the surface of the lands at the location of the object.

Electronic Communications

5 No owner or lessee of any lands in respect of which these Regulations apply shall permit the lands or any part of them to be used in a manner that may cause interference with aeronautical communications.

Bird Hazards

  • 6 (1) Subject to subsection (2), in order to reduce bird hazards to aviation, no owner or lessee of any lands in the bird hazard area shall permit

    • (a) the lands or any part of them, other than any lands described in Division 1 of Part 6 of the schedule, to be used as a site for sanitary land fill;

    • (b) the lands or any part of them to be used as a site for food garbage disposal;

    • (c) the lands or any part of them, other than lands described in Division 2 of Part 6 of the schedule, to be used as a site for a sewage lagoon; or

    • (d) the lands or any part of them, other than lands described in Divisions 3 and 4 of Part 6 of the schedule, to be used as a site for an open water reservoir.

  • (2) An owner or lessee of lands in the bird hazard area, other than lands described in Divisions 3 and 4 of Part 6 of the schedule, may permit the lands or any part of them to be used as a site for an open water reservoir if

    • (a) the lands are used as an open water reservoir for a period of 48 hours or less;

    • (b) the lands are used as an open water reservoir for a period of more than 48 hours, the owner or lessee ensures that all reasonable measures are taken in the design, construction and use of the reservoir, as well as in all other respects, to minimize bird hazards to aviation and the design and construction of the reservoir and the manner in which it is to be used as an open water reservoir have been approved as minimizing bird hazards to aviation by

      • (i) the National Defence Airport and Heliport Zoning Manager, where the total surface area of the reservoir is greater than 2.5 ha but less than or equal to 6 ha, and

      • (ii) the Minister, where the total surface area of the reservoir is greater than 6 ha; or

    • (c) the open water reservoir consists of dry ponds, the owner or lessee ensures that all reasonable measures are taken to minimize bird hazards to aviation and, where the lands are used as an open water reservoir for a period of more than 48 hours more than once per calendar year, the measures have been approved by the Minister as minimizing bird hazards to aviation.

7 No owner or lessee of any lands described in Part 7 of the schedule shall modify or improve the lands or any part of them in a manner that increases their attractiveness to birds.

Repeal

8 [Repeal]

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