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

Regulations are current to 2016-05-12 and last amended on 2013-01-31. 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Auyuittuq Reserve[Repealed, SOR/2004-299, s. 2]

diversion

diversion means a forced or precautionary landing to address or avert an imminent or potential threat to the safety of a pilot, a passenger or a person on the ground if the pilot cannot return safely to the take-off point and if continuing to the planned destination is not feasible, including a landing because of

  • (a) a medical emergency of the pilot or a passenger;

  • (b) a mechanical or fuel problem that renders continued operation of the aircraft unsafe;

  • (c) the minimum visual meteorological conditions for VFR flight, as set out in Part VI, Subpart 2, Division VI of the Canadian Aviation Regulations, not being met; or

  • (d) the destination airstrip becoming unusable while the flight is in progress. (déroutement)

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Ellesmere Island Reserve[Repealed, SOR/2004-299, s. 2]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Kluane Reserve[Repealed, SOR/2004-299, s. 2]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Nahanni Reserve[Repealed, SOR/2004-299, s. 2]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;
  • SOR/2013-10, s. 1.

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.

 These Regulations do not apply in respect of non-motorized paragliders or hang-gliders.

  • SOR/2013-10, s. 2.

Aircraft Access

  •  (1) Subject to section 5, it is prohibited for a person to conduct a take-off or landing of an aircraft in a park, other than in a park set out in column I of the schedule at a take-off and landing location set out in column II.

  • (2) It is prohibited for a person to conduct a take-off or landing of an aircraft in a park set out in any of items 1 to 9, 11 or 12, column I, of the schedule unless that person is the holder of a permit.

  • (3) It is prohibited for a person to conduct a take-off or landing of an aircraft in the park set out in item 13, column I, of the schedule, other than

    • (a) for non-commercial recreational purposes if the person is the holder of a permit; or

    • (b) to land in the case of a diversion or other emergency situation.

  • (4) It is prohibited for a person to conduct a take-off or landing of an aircraft in the park set out in item 14, column I, of the schedule, other than to land in the case of a diversion or other emergency situation.

  • (5) In the case of a landing referred to in paragraph (3)(b) or subsection (4), the person must

    • (a) notify the superintendent as soon as feasible after landing of

      • (i) the fact that they have landed at a take-off and landing location set out in item 13 or 14, column II, of the schedule, as the case may be, and

      • (ii) the nature of the diversion or other emergency situation; and

    • (b) obtain the superintendent’s authorization before take-off.

  • SOR/2004-299, s. 4;
  • SOR/2013-10, s. 3.

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).

Powers of the Superintendent

 The superintendent may

  • (a) suspend a permit, where the permit holder fails to comply with these Regulations;

  • (b) reinstate a suspended permit, where the failure that gave rise to the suspension has been remedied; and

  • (c) refuse to issue a permit, for a period not exceeding one year, to a person convicted of a contravention of these Regulations or the Aeronautics Act.

  • SOR/2004-299, s. 9(F).

 The superintendent may authorize the use of a take-off and landing location in a park set out in any of items 1, 3 to 7 or 10, column I, of the schedule, other than a location set out in column II, if

  • (a) there is no other reasonable means of access to that area of the park;

  • (b) such use will not result in any significant adverse effects to the ecological integrity or public safety of that area of the park; and

  • (c) such use will not impair the enjoyment of that area of the park by other persons.

  • SOR/2004-299, s. 6;
  • SOR/2013-10, s. 4.
 
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