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

Regulations are current to 2019-07-01 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

 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

 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

 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

 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

 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

  •  (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

 The Montreal International Airport Zoning RegulationsFootnote 1 are repealed.

Coming into Force

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

Footnote * 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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