John C. Munro Hamilton International Airport Zoning Regulations (SOR/2017-200)

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Regulations are current to 2024-11-26 and last amended on 2018-10-12. Previous Versions

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John C. Munro Hamilton International Airport Zoning Regulations

SOR/2017-200

AERONAUTICS ACT

Registration 2017-09-22

John C. Munro Hamilton International Airport Zoning Regulations

P.C. 2017-1176 2017-09-22

Whereas, pursuant to subsection 5.5(1)Footnote ^a of the Aeronautics ActFootnote ^b, a notice of the proposed John C. Munro Hamilton International Airport Zoning Regulations was published in the Hamilton Spectator on March 16 and 23, 2016, the Brantford Expositor on March 16 and 23, 2016, the Brant News on March 17 and 24, 2016 and the Régional on March 16 and 23, 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 March 5 and 12, 2016, and a reasonable opportunity was afforded to interested persons to make representations to the Minister of Transport with respect to the proposed Regulations;

Return to footnote ^aR.S., c. 33 (1st Supp.), s. 1
Return to footnote ^bR.S., c. A-2

Whereas a purpose of the proposed Regulations is to prevent lands adjacent to or in the vicinity of John C. Munro Hamilton 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 John C. Munro Hamilton International Airport Zoning Regulations.

Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

airport: airport means the John C. Munro Hamilton International Airport in the City of Hamilton, in the Province of Ontario, as described in Part 8 of the schedule. (aéroport)
airport reference point: airport reference point means the point that is 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 an 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 the 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)
wildlife hazard zone: wildlife hazard zone means the area that is located in the immediate vicinity of the airport and that is described in Part 7 of the schedule. (zone de péril faunique)
zoning plan: zoning plan means Plan File No. 25-009 : 10-005 (Sheets 1 to 40), prepared by the Department of Public Works and Government Services and dated March 30, 2012. (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 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 one 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 under the outer surface in a manner that causes interference with any signal or communication to or from an aircraft or to or from any facility used to provide services relating to aeronautics.

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 described in Part 7 of the schedule 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 described in Part 7 of the schedule as a site for an open water storage reservoir for a period of 48 hours or less.

Repeal

7 [Repeal]

Coming into Force

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

Footnote ^*8 These Regulations come into force on the day on which the conditions set out in subsection 5.6(2) of the Aeronautics Act are met.

Return to footnote ^*[Note: Regulations in force October 12, 2018.]

SCHEDULE(Sections 1, 2 and 6)

In this schedule, all grid coordinates are in metres (m) and refer to the 1983 North American Datum - GRS80 Ellipsoid, 1989 adjustment (NAD83 Original), Zone 17, Universal Transverse Mercator (UTM) projection. Grid coordinates have been computed using a combined average scale factor of 0.9996636.

In this schedule, all azimuth are measured clockwise and grid-referenced to 0 degrees north.

In this schedule, all elevation values are in metres (m) and are based on the Canadian Geodetic Vertical Datum of 1928 (CGVD28), 1978 Southern Ontario Adjustment.

In this schedule, Strip Surface 06-24 means the strip surface associated with runway 06-24 and Strip Surface 12-30 means the strip surface associated with runway 12-30, as defined in Part 4.

PART 1Airport Reference Point

The airport reference point, as shown on sheet 22 of the zoning plan, is a point that may be located as follows:

commencing at a point located on the threshold 24 of runway 06-24, having grid coordinates of 587 957.53 E and 4 781 106.17 N, on the centre line and at the eastern end of Strip Surface 06-24;

thence southwesterly along the centre line of Strip Surface 06-24, a distance of 914.40 m to a point;

thence southeasterly and at right angles to the centre line of Strip Surface 06-24, a distance of 180.00 m to the airport reference point, having grid coordinates of 587 398.59 E and 4 780 360.83 N.

The assigned elevation of the airport reference point is 230.00 m.

PART 2Approach Surfaces

The elevation of an approach surface at any point is equal to the elevation of the nearest point on the centre line of that approach surface. The elevation of an approach surface centre line is calculated from the assigned elevation of the abutting end of the strip surface and increases at the constant ratios set out in this Part.

The approach surfaces, as shown on sheets 1 to 27, 29 to 35 and 38 to 40 of the zoning plan, are surfaces abutting each end of the strip surfaces associated with runways 06-24 and 12-30. The approach surfaces are described as follows:

(a) Approach Surface 06 is an imaginary inclined surface abutting the 06 end of Strip Surface 06-24 and ascending from an assigned elevation of 228.30 m, at a ratio of 1 m measured vertically to 60 m measured horizontally, to an imaginary horizontal line drawn at right angles to the projected centre line of Strip Surface 06-24 and distant 3 000 m measured horizontally from the end of Strip Surface 06-24; thence ascending, at a ratio of 1 m measured vertically to 50 m measured horizontally, to an imaginary horizontal line drawn at right angles to the projected centre line of Strip Surface 06-24, being the outer edge of the approach surface, and distant 9 000 m measured horizontally from the end of Strip Surface 06-24; the outer edge having a length of 1 500 m on either side of the projected centre line and an elevation 170 m above the assigned elevation of the 06 end of Strip Surface 06-24;
(b) Approach Surface 24 is an imaginary inclined surface abutting the 24 end of Strip Surface 06-24 and ascending from an assigned elevation of 230.30 m, at a ratio of 1 m measured vertically to 60 m measured horizontally, to an imaginary horizontal line drawn at right angles to the projected centre line of Strip Surface 06-24 and distant 3 000 m measured horizontally from the end of Strip Surface 06-24; thence, ascending at a ratio of 1 m measured vertically to 50 m measured horizontally, to an imaginary horizontal line drawn at right angles to the projected centre line of Strip Surface 06-24, being the outer edge of the approach surface, and distant 15 000 m measured horizontally from the end of Strip Surface 06-24; the outer edge having a length of 2 400 m on either side of the projected centre line and an elevation 290 m above the assigned elevation of the 24 end of Strip Surface 06-24;
(c) Approach Surface 12 is an imaginary inclined surface abutting the 12 end of Strip Surface 12-30 and ascending from an assigned elevation of 235.50 m, at a ratio of 1 m measured vertically to 60 m measured horizontally, to an imaginary horizontal line drawn at right angles to the projected centre line of Strip Surface 12-30 and distant 3 000 m measured horizontally from the end of Strip Surface 12-30; thence, ascending at a ratio of 1 m measured vertically to 50 m measured horizontally, to an imaginary horizontal line drawn at right angles to the projected centre line of Strip Surface 12-30, being the outer edge of the approach surface, and distant 15 000 m measured horizontally from the end of Strip Surface 12-30; the outer edge having a length of 2 400 m on either side of the projected centre line and an elevation 290 m above the assigned elevation of the 12 end of Strip Surface 12-30;
(d) Approach Surface 30 is an imaginary inclined surface abutting the 30 end of Strip Surface 12-30 and ascending from an assigned elevation of 233.30 m, at a ratio of 1 m measured vertically to 60 m measured horizontally, to an imaginary horizontal line drawn at right angles to the projected centre line of Strip Surface 12-30 and distant 3 000 m measured horizontally from the end of Strip Surface 12-30; thence, ascending at a ratio of 1 m measured vertically to 50 m measured horizontally, to an imaginary horizontal line drawn at right angles to the projected centre line of Strip Surface 12-30, being the outer edge of the approach surface, and distant 15 000 m measured horizontally from the end of Strip Surface 12-30; the outer edge having a length of 2 400 m on either side of the projected centre line and an elevation 290 m above the assigned elevation of the 30 end of Strip Surface 12-30.

PART 3Outer Surface

The outer surface, as shown on sheets 15 to 18, 20 to 23, 27 to 29, 36 and 37 of the zoning plan, is an imaginary surface located at a constant elevation of 45 m above the airport reference point but at 9 m above the surface of the ground when that elevation would place the outer surface at less than 9 m above the surface of the ground.

The limit of the outer surface is located in the City of Hamilton and is described as follows:

commencing at the intersection of the southern limit of Rymal Road West (Road Allowance between the Townships of Barton and Glanford as widened) with the eastern limit of Glancaster Road (Road Allowance between the Townships of Ancaster and Glanford), being the northwest corner of Part 1 on Plan 62R-14989 (see sheet 17);

thence easterly along the southern limit of Rymal Road West and Rymal Road East (PIN 17565-0998, PIN 16908-0425, PIN 16911-0077, PIN 16912-0042, PIN 16913-0282 and PIN 16914-0246) to the eastern limit of Lot 7, Concession 1, Geographic Township of Glanford (see sheet 18);

thence southerly along the eastern limit of Lot 7, Concession 1, to the southeast corner of Lot 7, Concession 1;

thence easterly along the limit between Concession 1 and Concession 2, Geographic Township of Glanford, to the northeast corner of Lot 8, Concession 2, Geographic Township of Glanford;

thence southerly along the eastern limit of Lot 8, Concession 2, and its production southerly to the southern limit of Dickenson Road East (PIN 17397-0135) (see sheet 23);

thence easterly along the southern limit of Dickenson Road East to the western limit of Miles Road (PIN 17389-0001);

thence southerly along the western limit of Miles Road to the southern limit of Airport Road (PIN 17395-0103) (see sheet 29);

thence westerly along the southern limit of Airport Road to the western limit of Miles Road (PIN 17390-0001);

thence southerly along the western limit of Miles Road to the northern limit of White Church Road East (PIN 17394-0062);

thence westerly along the northern limit of White Church Road East to the eastern limit of Lot 9, Concession 5, Geographic Township of Glanford;

thence southerly in a straight line to the intersection of the southern limit of White Church Road East (PIN 17394-0062) with the eastern limit of Lot 9, Concession 6, Geographic Township of Glanford;

thence southerly along the eastern limit of Lot 9, Concession 6, to the northern limit of Chippewa Road East (PIN 17393-0088) (see sheets 37 and 36);

thence westerly along the northern limit of Chippewa Road East to the eastern limit of Highway 6 (PIN 17393-0001) (see sheet 28);

thence westerly in a straight line to the intersection of the western limit of Highway 6 with the northern limit of Chippewa Road West (PIN 17401-0055);

thence westerly along the northern limit of Chippewa Road West and its production westerly to the western limit of Glancaster Road (PIN 17401-0001) (see sheet 27);

thence southerly along the western limit of Glancaster Road to the western limit of Fiddlers Green Road (PIN 17403-0094);

thence northerly along the western limit of Fiddlers Green Road to the southern limit of Carluke Road West (PIN 17403-0028);

thence northwesterly in a straight line to the intersection of the western limit of Fiddlers Green Road (PIN 17403-0029) with the northern limit of Carluke Road West (PIN 17403-0028);

thence westerly along the northern limit of Carluke Road West to the western limit of Lot 42, Concession 6, Geographic Township of Ancaster;

thence northerly along the western limit of Lot 42, Concession 6, to the southern limit of Butter Road West (PIN 17412-0123) (see sheet 21);

thence westerly along the southern limit of Butter Road West to the western limit of Lot 40, Concession 6, Geographic Township of Ancaster (see sheet 20);

thence northwesterly in a straight line to the intersection of the northern limit of Butter Road West (PIN 17412-0123) with the western limit of Lot 40, Concession 5, Geographic Township of Ancaster;

thence northerly along the western limit of Lot 40, Concession 5, to the southern limit of Book Road West (PIN 17412-0084);

thence northwesterly in a straight line to the intersection of the northern limit of Book Road West with the western limit of Lot 40, Concession 4, Geographic Township of Ancaster;

thence northerly along the western limit of Lot 40, Concession 4, to the southern limit of Garner Road West (PIN 17415-0307) (see sheet 15);

thence easterly along the southern limit of Garner Road West and Garner Road East (PIN 17415-0307, PIN 17414-0002 and PIN 17565-0972) to Rymal Road West (PIN 17565-0998) (see sheets 16 and 17);

thence easterly along the southern limit of Rymal Road West to the point of commencement.

PART 4Strip Surfaces

The elevation of a strip surface at any point is equal to the elevation of the nearest point on the centre line of that strip surface. The elevation of the strip surface centre line between the strip surface end and the closest strip surface threshold is equal to the elevation of the strip surface end. The elevation of the strip surface centre line between the strip surface thresholds is calculated using a constant ratio between the elevations of the strip surface thresholds and the elevations of the points along the runway centre line that are set out in the tables to this Part.

The strip surfaces, as shown on sheets 21 and 22 of the zoning plan, are imaginary rectangular surfaces described as follows:

(a) Strip Surface 06-24 is 300 m in total width, being 150 m on either side of the centre line of the runway. The strip surface commences 60 m to the southwest of threshold 06 and ends 60 m to the northeast of threshold 24, having a total length of 2 864.40 m. The 06 end of the strip surface has an assigned elevation of 228.30 m and the 24 end of the strip surface has an assigned elevation of 230.30 m. The azimuth of the centre line of runway 06-24 is 48°00′09″. Threshold 06 has grid coordinates of 585 918.65 E and 4 779 270.52 N and threshold 24 has grid coordinates of 587 957.53 E and 4 781 106.17 N. The points between thresholds along strip surface 06-24 that determine the elevation of the strip surface centre line are set out in the following table:

Item	Starting Point	Starting Point Elevation (m)	End Point	End Point Elevation (m)	Distance Between Starting Point and End Point (m)	Constant Ratio Used to Calculate Elevation Between Starting Point and End Point
	Column 1	Column 2	Column 3	Column 4	Column 5	Column 6
1	Threshold 06	228.30	‘A’	235.30	913.00	+1 : 130.4286
2	‘A’	235.30	‘B’	237.10	567.00	+1 : 315.0000
3	‘B’	237.10	‘C’	236.40	350.00	-1 : 500.0000
4	‘C’	236.40	‘D’	234.40	290.10	-1 : 145.0500
5	‘D’	234.40	‘E’	231.30	374.30	-1 : 120.7419
6	‘E’	231.30	Threshold 24	230.30	250.00	-1 : 250.0000
Total Distance Between Thresholds = 2 744.40 m

(b) Strip Surface 12-30 is 300 m in total width, being 150 m on either side of the centre line of the runway. The strip surface commences 60 m to the west of threshold 12 and ends 60 m to the east of threshold 30, having a total length of 3 169.94 m. The 12 end of the strip surface has an assigned elevation of 235.50 m and the 30 end of the strip surface has an assigned elevation of 233.30 m. The azimuth of the centre line of runway 12-30 is 106°28′53″. Threshold 12 has grid coordinates of 585 089.80 E and 4 781 399.82 N and threshold 30 has grid coordinates of 588 013.44 E and 4 780 534.83 N. The points between thresholds along strip surface 12-30 that determine the elevation of the strip surface centre line are set out in the following table:

Item	Starting Point	Starting Point Elevation (m)	End Point	End Point Elevation (m)	Distance Between Starting Point and End Point (m)	Constant Ratio Used to Calculate Elevation Between Starting Point and End Point
	Column 1	Column 2	Column 3	Column 4	Column 5	Column 6
1	Threshold 12	235.50	‘F’	236.40	490.00	+1 : 544.4444
2	‘F’	236.40	‘G’	237.80	767.77	+1 : 548.4071
3	‘G’	237.80	‘H’	235.00	900.00	-1 : 321.4286
4	‘H’	235.00	‘D’	234.40	350.00	-1 : 583.3333
5	‘D’	234.40	‘I’	233.50	422.17	-1 : 469.0778
6	‘I’	233.50	Threshold 30	233.30	120.00	-1 : 600.0000
Total Distance Between Thresholds = 3 049.94 m

PART 5Transitional Surfaces

The elevation of a point on the lower edge of a transitional surface abutting a strip surface is equal to the elevation of the nearest point on the centre line of the abutting strip surface. The elevation of a point on the lower edge of a transitional surface abutting an approach surface is equal to the elevation of the nearest point on the centre line of the abutting approach surface.

Each transitional surface, as shown on sheets 16 to 18, 20 to 23, 27 and 28 of the zoning plan, is an imaginary inclined surface that extends upward and outward, from the lateral limits of the abutting strip surface and the abutting approach surface, at a ratio of 1 m measured vertically to 7 m measured horizontally and at right angles to the centre line of each abutting strip surface and approach surface to the intersection with the outer surface, or with another transitional surface.

PART 6Limit of Area Containing Lands to Which These Regulations Apply

The limit of the area containing the lands to which these Regulations apply, as shown on sheets 1 to 40 of the zoning plan, is generally defined by the outer limit of the area covered by the approach surfaces, the outer surface, the strip surfaces, the transitional surfaces and the wildlife hazard zone. The limit is located in the City of Hamilton, the County of Brant, and Haldimand County, and is described as follows:

commencing at the intersection of the southern limit of Rymal Road West (Road Allowance between the Townships of Barton and Glanford as widened) with the eastern limit of Glancaster Road (Road Allowance between the Townships of Ancaster and Glanford) being the northwest corner of Part 1 on Plan 62R-14989 (see sheet 17);

thence easterly along the southern limit of Rymal Road West and Rymal Road East (PIN 17565-0998, PIN 16908-0425, PIN 16911-0077, PIN 16912-0042 and PIN 16913-0282) to the northwestern lateral limit of Approach Surface 24 (see sheet 18);

thence northeasterly along the northwestern lateral limit of Approach Surface 24 on an azimuth of 39°28′18″ to a point having grid coordinates of 597 540.67 E and 4 792 962.42 N on the outer edge of Approach Surface 24, being a line drawn at right angles to the projected centre line of the strip surface and distant 15 000 m measured horizontally from the 24 end of Strip Surface 06-24 (see sheets 9, 10, 3, 1 and 2);

thence southeasterly along the outer edge of Approach Surface 24 on an azimuth of 138°00′09″ for a distance of 4 800 m to a point having grid coordinates of 600 751.26 E and 4 789 396.38 N on the southeastern lateral limit of Approach Surface 24 (see sheets 4 and 5);

thence southwesterly along the southeastern lateral limit of Approach Surface 24 on an azimuth of 236°32′00″ to the eastern limit of Lot 7, Concession 1, Geographic Township of Glanford (see sheets 4, 11, 10, 19 and 18);

thence southerly along the eastern limit of Lot 7, Concession 1, to the southeast corner of Lot 7, Concession 1;

thence easterly along the limit between Concession 1 and Concession 2, Geographic Township of Glanford, to the northeast corner of Lot 8, Concession 2, Geographic Township of Glanford;

thence southerly along the eastern limit of Lot 8, Concession 2, and its production southerly to the southern limit of Dickenson Road East (PIN 17397-0135) (see sheet 23);

thence easterly along the southern limit of Dickenson Road East to the western limit of Miles Road (PIN 17389-0001);

thence southerly along the western limit of Miles Road to the northern lateral limit of Approach Surface 30;

thence easterly along the northern lateral limit of Approach Surface 30 on an azimuth of 97°57′02″ to a point having grid coordinates of 603 130.45 E and 4 778 564.30 N on the outer edge of Approach Surface 30, being a line drawn at right angles to the projected centre line of the strip surface and distant 15 000 m measured horizontally from the end of Strip Surface 12-30 (see sheets 24, 25 and 32);

thence southerly along the outer edge of Approach Surface 30 on an azimuth of 196°28′53″ for a distance of 4 800 m to a point having grid coordinates of 601 769.13 E and 4 773 963.07 N on the southern lateral limit of Approach Surface 30 (see sheet 39);

thence westerly along the southern lateral limit of Approach Surface 30 on an azimuth of 295°00′44″ to the western limit of Miles Road (PIN 17389-0001) (see sheets 38, 31, 30 and 29);