Vol. 150, No. 9 — February 27, 2016

Montréal — Pierre Elliott Trudeau International Airport Zoning Regulations

Statutory authority

Aeronautics Act

Sponsoring department

Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

An amendment to the Montreal International Airport Zoning Regulations was first proposed in 1992. However, beginning in 1995, the Province of Quebec began a full cadastral reform that involved changes to the numbering of lots. This resulted in the amendment to the Regulations being delayed until the cadastral reform was complete so that adjustments could be made accordingly.

Furthermore, in order to align with TP 312 Aerodromes Standards and Recommended Practices, 4th Edition, dated March 1993, the current Regulations need to be amended with regard to geometry, runways, obstacles, vegetation control, bird hazard and runway protection zones. In addition, some modifications to the zoning plan are the result of the decision by the Montréal International Airport authorities to abandon the extension of one runway and cancel a proposed new runway. The name of the airport has also changed since the Regulations were last revised and should be included in the amendment. Finally, since the last revision of the Regulations in 1976, the Imperial system has been replaced by the Metric system, so the measurements listed in the Regulations and the zoning plan need to be converted to metric units.

Background

The Montreal International Airport changed its name to Montréal — Pierre Elliott Trudeau International Airport on January 1, 2004. The airport opened in September 1941, and its first airport zoning regulations were created on April 13, 1955. Since then, the Regulations have been amended three times. One amendment was approved on May 13, 1957, and another was approved on December 9, 1965. The current zoning regulations for Montréal — Pierre Elliott Trudeau International Airport were tabled on April 8, 1976. In 1988, the Cartierville Airport was closed, eliminating part of the zoning shared by the two airports. Since 1955, the airport boundaries have gradually become urbanized around the entire perimeter. There has been development and expansion. Air traffic has also increased dramatically, and aircraft performance has improved significantly.

Objectives

The safety of aircraft operating within the airspace surrounding our airports is extremely important to individuals and federal and municipal governments. Airport zoning regulations (AZRs) are implemented to ensure that the land adjacent to and in the vicinity of airports is used in a manner that is compatible with the safe operation of aircraft and of the airport. AZRs are enacted not only to protect current airport operations, but also to ensure that potential and future development surrounding the airport remains compatible with the safe operation of aircraft and of the airport. Because jurisdiction over aeronautics falls to the federal government, AZRs are the legal means for restricting incompatible development adjacent to and in the vicinity of the airport.

The proposed Montréal — Pierre Elliott Trudeau International Airport Zoning Regulations would restrict the height of new buildings, structures and objects (including trees), and any additions to objects on land situated adjacent to or in the vicinity of the airport, structures and existing buildings. Restrictions would apply to the land covered by the Regulations for the following activities:

The proposed amendment also includes the abandonment of the proposed extension to runway 10-28 and the abandonment of the protection for a potential runway 12-30. In addition, the exact name of the airport will be included in the amendment to the Regulations to reflect the airport’s full name: Montréal — Pierre Elliott Trudeau International Airport.

Description

The proposed amendment to the Regulations adjusts the geometry of 28 000 lots in order to align with the provincial cadastral reform. The proposed Regulations and the associated zoning plan will make development by municipalities around the Montréal — Pierre Elliott Trudeau International Airport less restrictive. The proposed amendment will also restrict the height of new buildings, structures and objects and additions to the height of existing buildings, structure and objects, including natural growth, within a radius of approximately 4 km from the centre of the airport and 6 km from the take-off/approach surface to the end of the runways (obstacles of all types). The width of the runway strips will change from 600 feet (182.88 m) to 150 m (492 feet). Therefore, the transitional surfaces, without being modified in terms of volume, will need to be translated to follow the runway strips. The maximum height of the outer surface will change from 150 feet (45.72 m) to 45 m (147.645 feet), which also changes the elevation of the reference point by 2.5 feet so that the maximum heights (based on mean sea level) remain the same. The slope of the approach surfaces remains the same, but again, some translation will occur because the beginning of the runway strips will change from 300 feet (91.44 m) to 60 m (197 feet). The length of the approach surfaces will now be 6 km for all runways combined; in the current zoning plan, each runway has a different length between 2 100 m and 2 400 m.

The proposed amendment to the Regulations would prohibit the land, adjacent to or in the vicinity of the airport boundaries, from being used or developed in a manner that would cause interference with any signal or communication to and from an aircraft or to and from any facility used to provide services relating to aeronautics in the entire area covered by the new zoning regulations. The current Regulations do not contain any clauses that address these concerns. The proposed amendment would also prohibit the land from being used in a manner that would attract wildlife — particularly birds — that may create a hazard for aviation safety. The proposed Regulations limit certain human and industrial activities such as waste disposal, water parks and growth that would attract wildlife up to a distance of 15 km. The proposed amendment will impose restrictions, regarding certain types of growth, on operators and owners of real estate to ensure that the land is not used for activities or purposes that could attract wildlife, particularly wildlife that could pose a risk to aviation safety. This prohibition covers the entire area covered by the new zoning regulations.

The proposed amendment to the Regulations will support Montréal — Pierre Elliott Trudeau International Airport’s plan to remove (by subrogation) from the zoning regulations the planned runway 12-30 and the 3 000-foot extension of runway 10-28. These projects have been abandoned by the airport authority responsible for the airport.

“One-for-One” Rule

The “One-for-One” Rule does not apply to the proposed Regulations, as there is no change in administrative costs to business.

Small business lens

The small business lens does not apply, as this proposal does not have any costs for small businesses.

Consultation

As part of pre-consultation activities, Transport Canada provided information to the affected municipalities and organizations, including the City of Montréal (Ahuntsic-Cartierville, Lachine and Saint-Laurent boroughs), the City of Dorval, the City of Dollard-Des Ormeaux, the City of Côte-Saint-Luc, the City of Kirkland, the City of Montréal-Ouest, the City of Mount-Royal, the City of Pointe-Claire, Aéroports de Montréal and the Centre d’expertise hydrique du Québec. On February 12, 2014, letters were sent containing a summary of the process for amending the airport zoning regulations.

Transport Canada also published a public notice in three local weekly newspapers: the Messager de Lachine (Dorval and Lachine) on Thursday, April 3, 2014; The Chronicle (Pointe-Claire and Kirkland) on April 2, 2014; and Courrier Bordeaux-Cartierville on April 3, 2014. A notice was also published in three national newspapers (La Presse, the Montreal Gazette and Le Journal de Montréal) on March 29, 2014. The notice included an explanation of the impact of the Regulations on the land within their jurisdiction, links to the current Montreal International Airport Zoning Regulations, information about the stages of the amendment process, and contact information for Transport Canada.

A second letter was sent to the following municipalities and organizations on March 24, 2014, to inform them about the amendment process for the airport zoning regulations, because they had not contacted the Department: Côte-Saint-Luc, Dollard-Des Ormeaux, Dorval, Kirkland, Montréal-Ouest, Mount-Royal, Pointe-Claire, Lachine and the Centre d’expertise hydrique du Québec.

A meeting was held with the City of Montréal on February 27, 2014. After the presentation, representatives asked when comments could be made following the publication of the proposed amendment in Canada Gazette, Part I. Transport Canada informed the city representatives of the possible publication date and indicated that they could submit comments once the proposed amendment was published.

A meeting was held with the borough of Saint-Laurent on March 14, 2014. After the presentation, the borough representatives wanted the digital version of the zoning regulations and the associated zoning plan. Transport Canada stated that everything would be sent to the representatives once they had submitted a written request and once the Regulations had been published in the Canada Gazette. The borough has a proposal for a wetlands nature park and is aware that it will have to comply with the requirements of the zoning regulations if the park is created.

A meeting was held with the borough of Ahuntsic-Cartierville on April 1, 2014. After the presentation, the borough representatives did not have any concerns.

A meeting was held with the City of Dollard-Des Ormeaux on April 7, 2014. After the presentation, the city representatives did not have any concerns.

A meeting was held with the City of Dorval on April 9, 2014. After the presentation, the borough representatives wanted a copy of the digital version of the zoning regulations and the associated zoning plan. Transport Canada stated that everything would be sent to the representatives once they had submitted a written request and once the Regulations had been published in the Canada Gazette. The city representatives also had questions about how the allowable heights would be determined for new buildings under construction and future construction projects. Transport Canada explained that these heights were determined depending on the zoning requirements and suggested that the representatives consult certified land surveyors to ensure that the restrictions be met.

A meeting was held with the City of Pointe-Claire on April 18, 2014. After the presentation, the borough representatives wanted a copy of the digital version of the zoning regulations and the associated zoning plan. Transport Canada stated that everything would be sent to the representatives once they had submitted a written request and once the Regulations had been published in the Canada Gazette. After the presentation, the city representatives did not have any concerns.

A meeting was held with the borough of Lachine on April 22, 2014. After the presentation, the borough representatives did not have any concerns.

Transport Canada did not receive any comments from the general public regarding the publication of the notice in local and national newspapers.

In addition to the publication of the proposed Regulations in the Canada Gazette, Part I, a public notice will also be published in local newspapers announcing the proposed Regulations and the beginning of a 60-day period of public consultation. The public notice will include a link to the Canada Gazette Web site, where the proposed Regulations will be posted, a notice of an open house where interested parties can find out more about the proposed Regulations, and the mailing and email addresses where written observations can be sent to the Minister of Transport.

Rationale

Transport Canada is the owner of the airport, which is operated by Aéroports de Montréal (ADM). The owner has requested the amendment to the airport zoning regulations and will pay the associated costs.

In the proposed Regulations, the airspace associated with Montréal — Pierre Elliott Trudeau International Airport will remain free of obstacles, thus increasing the safety of aircraft operating at or near the airport. The proposed Regulations will also include restrictions on land use and activities that are incompatible with the safe operation of the airport and of aircraft. Those buildings or structures that are subject to an exemption or comply with the existing airport zoning regulations but will not comply with the new zoning regulations are deemed to exist and will be grandfathered.

Implementation, enforcement and service standards

The Regulations and approved plans will be filed with the Bureau de publicité des droits du Québec. A digital copy of the Regulations and approved plans will be distributed to the municipal planning departments of the affected cities and boroughs, Montréal — Pierre Elliott Trudeau International Airport, NAV CANADA, and Transport Canada offices. Inspectors with the Transport Canada Civil Aviation Directorate will be responsible for monitoring and compliance. ADM remains the primary stakeholder and will inform Transport Canada of any violations of these Regulations.

Contact

Justin Bourgault
Regional Director
Civil Aviation
Quebec Region
Department of Transport
700 Leigh-Capreol Place
Dorval, Quebec
H4Y 1G7
Telephone: 514-633-3159
Fax: 514-633-3052

PROPOSED REGULATORY TEXT

Notice is given, pursuant to subsection 5.5(1) (see footnote a) of the Aeronautics Act (see footnote b), that the Governor in Council, pursuant to paragraphs 5.4(2)(b) (see footnote c) and (c) (see footnote d) of that Act, proposes to make the annexed Montréal — Pierre Elliott Trudeau International Airport Zoning Regulations.

Interested persons may make representations concerning the proposed Regulations to the Minister of Transport within 60 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Justin Bourgault, Regional Director, Civil Aviation – Quebec, Department of Transport, 700 Leigh-Capreol Place, Dorval, Quebec H4Y 1G7 (tel: 514-633-3159; fax: 514-633-3052; email: aerodromes.quebec@tc.gc.ca).

Ottawa, February 18, 2016

Jurica Čapkun
Assistant Clerk of the Privy Council

Montréal — Pierre Elliott Trudeau International Airport Zoning Regulations

Interpretation

Definitions

1 The following definitions apply in these Regulations.

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 means the point described in Part 1 of the schedule. (point de référence de l’aéroport)

approach surface means an imaginary inclined surface that extends upward and outward from each end of the strip surface, and that is described in Part 2 of the schedule. (surface d’approche)

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 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 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 means Plan No. M2009-9540, sheets 1 to 45, prepared by the Department of Public Works and Government Services and dated July 22, 2014. (plan de zonage)

Application

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 — in particular those lying in the bed of Lake Saint-Louis — and public road allowances.

Building Restrictions

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 any of the following surfaces:

Interference with Communication

Prohibition — interference

4 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:

Natural Growth

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:

Wildlife Hazard

Prohibition — activities or uses

6 (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.

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

7 The Montreal International Airport Zoning Regulations (see footnote 1) are repealed.

Coming into Force

Requirements — s. 5.6(2) of the Aeronautics Act

8 These Regulations come into force on the day on which the requirements prescribed in subsection 5.6(2) of the Aeronautics Act are met.

SCHEDULE
(Sections 1 and 2)

In this schedule, all grid coordinates are in metres (m) and refer to the 1983 North American Datum, Zone 8, Quebec plane coordinate system (SCOPQ). Grid coordinates have been computed using a combined average scale factor of 0.999902.

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

PART 1

Airport Reference Point

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

PART 2

Approach Surfaces

The approach surfaces, as shown on the zoning plan, are described as follows:

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

PART 3

Outer Surface

(1) The outer surface, as shown on the zoning plan, is an imaginary surface situated at a constant elevation of 45 m above the airport reference point, but at 9 m above the ground when that elevation would place the outer surface at less than 9 m above the ground.

The limit of the outer surface, in the Cities of Dollard-Des Ormeaux, Dorval, Montréal (Boroughs of Lachine and Saint-Laurent) and Pointe-Claire, as well as in the bed of Lake Saint-Louis, is described as follows:

(2) Despite the description of the outer surface in subsection (1), for the purposes of the following lands situated in the City of Pointe-Claire, the outer surface means an imaginary surface situated at a constant elevation of 49.18 m above the airport reference point:

PART 4

Strip Surfaces

The elevation of a strip surface at any point is equal to the elevation of the nearest point on the centreline of that strip surface. The elevation of the strip surface centreline 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 centreline between the strip surface thresholds is calculated using a constant ratio between the elevations of the strip surface thresholds.

The strip surfaces, as shown on the zoning plan, are imaginary rectangular surfaces described as follows:

PART 5

Transitional Surfaces

Each transitional surface, as shown on the zoning plan, is an imaginary inclined surface ascending at a ratio of 1 m measured vertically to 7 m measured horizontally at right angles to the centreline and projected centreline of the strip surface, and extending upward and outward from the lateral limits of the strip surface and its approach surfaces to the intersection with the outer surface.

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 centreline 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 centreline of the abutting approach surface.

PART 6

Limit of Area Containing the Lands in Respect of which these Regulations Apply

The limit of the area containing the lands in respect of which these Regulations apply, as shown on the zoning plan, in the Cities of Côte-Saint-Luc, Dollard-Des Ormeaux, Dorval, Kirkland, Montréal (Boroughs of Ahuntsic-Cartierville, Lachine and Saint-Laurent), Montréal-Ouest, Mount-Royal and Pointe-Claire, as well as in the bed of Lake Saint-Louis, is described as follows:

[9-1-o]