National Parks of Canada Aircraft Access Regulations
SOR/97-150
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.
Return to footnote aS.C. 1995, c. 11, s. 26
Return to footnote bS.C. 1996, c. 10, s. 246
Interpretation
1 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Auyuittuq Reserve[Repealed, SOR/2004-299, s. 2]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Ellesmere Island Reserve[Repealed, SOR/2004-299, s. 2]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Kluane Reserve[Repealed, SOR/2004-299, s. 2]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Nahanni Reserve[Repealed, SOR/2004-299, s. 2]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
1.1 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
1.2 These Regulations do not apply in respect of non-motorized aircraft that are incapable of transporting persons.
- SOR/2004-299, s. 3
Aircraft Access
2 (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
3 (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
4 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)
5 The superintendent may authorize the use of a take-off and landing location in a park set out in column 1 of any of items 1, 3 to 7 and 10 of the schedule, other than a location set out in column 2 of that item, 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
6 Notwithstanding anything in these Regulations, the superintendent may authorize the take-off and landing of an aircraft anywhere in a park for the purposes of
(a) natural or cultural resource management and protection directly related to the administration of the park;
(b) any other management or control function directly related to the administration of the park;
(c) public safety; or
(d) law enforcement.
- SOR/2004-299, s. 7(F)
SCHEDULE(Sections 2 and 5)
| Item | Column I | Column II |
|---|---|---|
| Park | Take-off and Landing Location | |
| 1 | Aulavik National Park of Canada |
|
| 2 | Auyuittuq National Park of Canada | Any location |
| 3 | Ivvavik National |
|
| 4 | Kluane National Park Reserve of Canada |
|
| 5 | Kluane National Park of Canada |
|
| 6 | Nahanni National Park Reserve of Canada |
|
| 7 | Quttinirpaaq National |
|
| 8 | Tuktut Nogait National Park of Canada | Any water-based location |
| 9 | Vuntut National Park of Canada | Any location |
| 10 | Wood Buffalo National Park of Canada | Garden Creek airstrip at latitude 58°42′30″N, longitude 113°53′30″W |
| 11 | Sirmilik National Park of Canada | Any location |
- SOR/2004-299, s. 8
- Date modified: