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Montréal–Pierre Elliott Trudeau International Airport Zoning Regulations (SOR/2017-201)

Regulations are current to 2024-11-26 and last amended on 2017-10-30. Previous Versions

Montréal–Pierre Elliott Trudeau International Airport Zoning Regulations

SOR/2017-201

AERONAUTICS ACT

Registration 2017-09-22

Montréal–Pierre Elliott Trudeau International Airport Zoning Regulations

P.C. 2017-1177 2017-09-22

Whereas, pursuant to subsection 5.5(1)Footnote a of the Aeronautics ActFootnote 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)Footnote a and (c)Footnote a of the Aeronautics ActFootnote b, makes the annexed Montréal–Pierre Elliott Trudeau International Airport Zoning Regulations.

Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

airport

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

airport reference point means the point described in Part 1 of the schedule. (point de référence de l’aéroport)

approach surface

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

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

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

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

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

Marginal note: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

Marginal note: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:

  • (a) an approach surface;

  • (b) the outer surface;

  • (c) a transitional surface; or

  • (d) a strip surface.

Interference with Communication

Marginal note: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:

  • (a) an approach surface;

  • (b) the outer surface;

  • (c) a transitional surface; or

  • (d) a strip surface.

Natural Growth

Marginal note: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:

  • (a) an approach surface;

  • (b) the outer surface;

  • (c) a transitional surface; or

  • (d) a strip surface.

Wildlife Hazard

Marginal note: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.

  • Marginal note: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 RegulationsFootnote 1 are repealed.

Coming into Force

Marginal note:Requirements — subsection 5.6(2) of Aeronautics Act

Footnote *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.

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