National Parks of Canada Aircraft Access Regulations (SOR/97-150)

Regulations are current to 2012-05-14 and last amended on 2010-03-26. Previous Versions

National Parks of Canada Aircraft Access Regulations

SOR/97-150

CANADA NATIONAL PARKS ACT

Registration 1997-03-19

National Parks of Canada Aircraft Access Regulations

P.C. 1997-380 1997-03-19

His Excellency the Governor General in Council, on the recommendation of the Minister of Canadian HeritageFootnote a, pursuant to subsection 7(1)Footnote b of the National Parks Act, hereby makes the annexed National Parks Aircraft Access Regulations.

INTERPRETATION

 The definitions in this section apply in these Regulations.

“aircraft”

“aircraft” has the same meaning as in subsection 3(1) of the Aeronautics Act. (aéronef)

“Auyuittuq Reserve”

“Auyuittuq Reserve”[Repealed, SOR/2004-299, s. 2]

“Ellesmere Island Reserve”

“Ellesmere Island Reserve”[Repealed, SOR/2004-299, s. 2]

“Kluane Reserve”

“Kluane Reserve”[Repealed, SOR/2004-299, s. 2]

“Nahanni Reserve”

“Nahanni Reserve”[Repealed, SOR/2004-299, s. 2]

“permit”

“permit” means an aircraft access permit issued pursuant to subsection 3(1). (permis)

  • SOR/2004-299, s. 2.

APPLICATION

 These Regulations apply to parks and, subject to sections 40 and 41 of the Canada National Parks Act, to park reserves as if they were parks.

  • SOR/2004-299, s. 3.

 These Regulations do not apply in respect of non-motorized aircraft that are incapable of transporting persons.

  • SOR/2004-299, s. 3.

AIRCRAFT ACCESS

  •  (1) Subject to subsection (2) and section 5, no person shall take off or land an aircraft in a park except in a park set out in column I of an item of the schedule, at a take-off and landing location set out in column II of that item.

  • (2) No person shall cause an aircraft to take off or land in a park set out in column 1 of any of items 1 to 9 and 11 of the schedule unless that person is the holder of a permit.

  • SOR/2004-299, s. 4.

AIRCRAFT ACCESS PERMITS

  •  (1) Subject to subsection (4), the superintendent may issue an aircraft access permit to any person who applies.

  • (2) The application referred to in subsection (1) shall be made in the form determined by the superintendent and shall contain the following information:

    • (a) the name, address and telephone number of the applicant;

    • (b) the name, address and telephone number of the owner of the aircraft that the applicant proposes to use;

    • (c) the name, address and telephone number of a person, other than the applicant, to be contacted in an emergency;

    • (d) the make, model and registration number of the aircraft that the applicant proposes to use;

    • (e) the proposed date or dates or period of time for take-off or landing, or both; and

    • (f) the location or locations that the applicant proposes to use for take-off or landing, or both.

  • (3) An operator of a commercial air service that applies for a permit shall submit with the application a copy of the licence issued to the operator pursuant to section 4.1 or subsection 10.1(2) of the National Parks of Canada Businesses Regulations that authorizes the operator to operate the service in the park in question.

  • (4) The superintendent shall, before issuing a permit, take into account

    • (a) the natural and cultural resources of the park;

    • (b) the safety, health and enjoyment of visitors or residents of the park; and

    • (c) the preservation, control and management of the park.

  • (5) The superintendent shall set out in a permit

    • (a) the name, address and telephone number of the permit holder;

    • (b) the name, address and telephone number of the owner of the aircraft to be used; and

    • (c) the name, address and telephone number of a person, other than the permit holder, to be contacted in an emergency.

  • (6) The superintendent shall set out in a permit terms and conditions that specify

    • (a) the make, model and registration number of the aircraft to be used;

    • (b) the date or dates or period of time authorized by the superintendent for take-off or landing, or both;

    • (c) the location or locations authorized by the superintendent for take-off or landing, or both; and

    • (d) any other matter that is necessary for the preservation, control and management of the park in which the landing or take-off is authorized.

  • (7) [Repealed, SOR/2004-299, s. 5]

  • SOR/2004-299, ss. 5, 9(F);
  • SOR/2009-322, s. 21(F).