National Parks of Canada Aircraft Access Regulations (SOR/97-150)
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Regulations are current to 2019-11-19 and last amended on 2013-01-31. Previous Versions
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Auyuittuq Reserve[Repealed, SOR/2004-299, s. 2]
- 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Ellesmere Island Reserve[Repealed, SOR/2004-299, s. 2]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Kluane Reserve[Repealed, SOR/2004-299, s. 2]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Nahanni Reserve[Repealed, SOR/2004-299, s. 2]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
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
1.3 These Regulations do not apply in respect of non-motorized paragliders or hang-gliders.
- SOR/2013-10, s. 2
Aircraft Access
2 (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
(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
- SOR/2004-299, s. 4
- SOR/2013-10, s. 3
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
(5) The superintendent shall set out in a permit
(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 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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