No. ON 002/05
For release - September 26, 2005
OTTAWA — Transport Canada today announced that the Pickering Airport Site Zoning Regulations have come into effect, ending a process that was initiated in July 1998, to protect the federal lands for future aviation needs. The regulations were published in the Canada Gazette, Part II on October 20, 2004, deposited in Land Registry Offices in September 2005 and are being published in local newspapers this month as required by federal law.
These federal airport site zoning regulations apply to certain lands adjacent to, and in the vicinity of, the federally-owned lands in the municipalities of Pickering, Markham and Uxbridge. As an interim measure, the Ontario Provincial Minister's Zoning Order ensured that portions of the lands were protected until the federal airport zoning regulations were enacted to more completely address aviation safety.
The regulations do not imply that the federal government has made a decision on an airport at Pickering. A decision will not be made until at least 2009 when a further study has been completed on the role of airports in Southern Ontario to accommodate future air traffic growth; Transport Canada has completed its comprehensive due diligence review of all related studies; a federal environmental assessment has been completed; and a Pickering Airport Master Plan has been submitted to the Minister of Transport. Transport Canada will continue to work with all levels of government, the community and interested parties.
For more information on the Pickering Airport Site Zoning Regulations, please see the attached backgrounder.
The regulations may be viewed in their entirety at the Land Registry Offices in York Region at 50 Bloomington Road West, Aurora, in Durham Region at 590 Rossland Road East, Whitby, on the Transport Canada website or at the Canada Gazette website.
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Contact:
Paula FairfaxTransport CanadaCommunicationsToronto(416) 952-0157
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BACKGROUNDERFEDERAL AIRPORT ZONING REGULATIONS
In order to maintain the required obstacle-free airspace in the vicinity of a certified airport, regulations known as airport zoning regulations are enacted by Transport Canada. These regulations are enacted not only to protect the present operations of an airport, but also to help ensure that potential and future development near an airport or airport site remains compatible with the safe operation of aircraft and of the airport itself.
Lands within the airport boundary are under the control of the airport operator and do not require airport zoning regulations. Since Transport Canada certification requirements normally extend beyond the airport boundary, zoning regulations are enacted on the surrounding off-airport lands. For airport zoning regulations to be enacted, an airport certificate must be in force at an airport, or the land in question must be designated as an airport site.
Airport zoning regulations restrict the height of buildings, structures and objects, including natural growth, on regulated lands and protect aircraft from potential hazards such as bird strikes and electronic signal interference. Legislation allowing for the enactment of this type of regulations is found in the Aeronautics Act.
PICKERING AIRPORT SITE ZONING REGULATIONS
Although no decision has been made to build an airport, the Pickering Lands were declared an airport site in August 2001. The airport site declaration was a legal prerequisite for the enactment of airport zoning regulations.
The Pickering Airport Zoning Regulations process consists of the following five stages: In 1998, Transport Canada recognized the need to implement airport zoning regulations at the Pickering Airport site. The department then confirmed the aeronautical requirements and forwarded them to Public Works and Government Services Canada, who produced draft regulations.
During the second stage, affected municipalities were formally advised of Transport Canada's intention to enact the regulations. Draft regulations were sent to the municipalities for their review, and the department consulted with locally elected officials from the municipalities of Scugog, Uxbridge, Whitchurch - Stouffville, Ajax, Pickering, Markham, Whitby, the regional municipalities of York and Durham, and the Ministry of Municipal Affairs and Housing, before proceeding with publication in the Canada Gazette, Part I and public consultations.
The draft regulations and regulatory impact analysis statement were submitted to the Minister's office and then forwarded to Treasury Board for approval to publish in the Canada Gazette. The proposed Pickering Airport Site Zoning Regulations were published in the Canada Gazette, Part I and a public notice was published in local newspapers.
The third stage of the process began with the publication of the regulations in the Canada Gazette, Part I, on April 12 and 19, 2003. This signalled the start of a 60-day formal public consultation period, which included nine public open house and information sessions. The comments received during this consultation were summarized and included in an updated regulatory impact analysis statement. The results of the consultations are available on the Transport Canada website.
In the fourth stage, the Pickering zoning regulations, accompanied by the updated impact analysis statement, were scrutinized by various internal government offices and submitted to the Privy Council for final approval. The Pickering Airport Site Zoning Regulations were passed on September 30, 2004, and the approved regulation was then published in the Canada Gazette, Part II on October 20, 2004.
Currently, we are in the final stage, at which the regulations come into effect. The regulations were deposited in the Land Registry Offices in September and the complete regulations are being published in the local newspapers.
A decision on an airport at Pickering will not be made until at least 2009, when a further study has been completed on the role of airports in Southern Ontario to accommodate future air traffic growth; Transport Canada has undertaken its comprehensive due diligence review; a federal environmental assessment has been completed; and a Pickering Airport Master Plan has been submitted to the Minister of Transport. Transport Canada will continue to work with all levels of government, the community and interested parties.
Information on the Pickering Airport Site Zoning Regulations and all information made available at the open house meetings can be found on the Transport Canada website.
September 2005