Vol. 150, No. 10 — March 5, 2016

John C. Munro Hamilton 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

New Regulations would protect civil aviation safety at the John C. Munro Hamilton International Airport as the airport grows and develops by ensuring that the surrounding developments (e.g. buildings) do not interfere with the safe operation of the airport and aircraft.

The current Hamilton Airport Zoning Regulations were enacted in 1984 and no longer adequately protect the current and future operations of the airport. Currently, runway 12R-30L has been decommissioned and is now used as a taxiway, so no longer requires zoning protection. Runway 12L-30R has been renamed runway 12-30 and there is a planned runway extension of 491.51 m. Runway 07-25 has been renamed runway 06-24 and there is a planned runway extension of 734.40 m. The runway extensions require airport zoning protection from incompatible development on lands adjacent to and in the vicinity of the airport.

Background

The safety of aircraft operating in the airspace surrounding Canadian airports is of vital concern to private citizens and to federal and municipal governments. Airport zoning regulations (AZRs) are established to ensure that lands adjacent to and in the vicinity of airports are used in a manner compatible with the safe operations of an aircraft and the airport itself. These regulations are established not only to protect the present operations of an airport, but also to help ensure that potential and future development surrounding the airport remains compatible with the safe operation of aircraft and the airport.

As aeronautics is a federal jurisdiction, airport zoning regulations are the only legal means of restricting incompatible development adjacent to and in the vicinity of the airport.

Objectives

The proposed John C. Munro Hamilton International Airport Zoning Regulations would limit the height of new buildings, structures, and objects, including trees, or any additions to existing buildings, structures, and objects on lands adjacent to or in the vicinity of the John C. Munro Hamilton International Airport. In addition, lands subject to the Regulations would be restricted from land uses and activities that

Description

The proposed John C. Munro Hamilton International Airport Zoning Regulations would repeal the Hamilton Airport Zoning Regulations to update the Regulations to reflect the name of the airport.

The proposed Regulations reflect the current and future airport operations. Runway 12R-30L is now used as a taxiway and will no longer be zoned. Runway 12L-30R has been renamed runway 12-30 and the runway strip has been extended by 611.54 m. Runway 07-25 has been renamed runway 06-24 and the runway strip has been extended by 854.40 m. The dimensions of the proposed obstacle limitation surfaces are summarized in the table below.

Runway

Runway Strip Length (metres)

Approach Surface Slope/Distance (percentage/metres)

Approach Surface Horizontal Distance (metres)

Transitional Surface (percentage)

Outer Surface Height/Radius (metres)

12

3 169.94

1.66% for 3 000

then 2% for 12 000

15 000

14.3%

45 / 4 000

30

3 169.94

1.66% for 3 000

then 2% for 12 000

15 000

14.3%

45 / 4 000

06

2 864.40

1.66% for 3 000

then 2% for 9 000

9 000

14.3%

45 / 4 000

24

2 864.40

1.66% for 3 000

then 2% for 12 000

15 000

14.3%

45 / 4 000

The restrictions on the disposal of waste would be replaced by a wildlife hazard restriction which would include any land use or activities that attract wildlife that may create a hazard to aviation safety. The wildlife hazard zone would apply to lands under the 4-km circular outer surface and also under the approach surfaces to a distance of 8 km.

There would be a restriction on the development of lands under the outer surface from being used 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.

“One-for-One” Rule

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

Small business lens

The small business lens does not apply to this proposal, as there are no costs (or costs are insignificant) to small business.

Consultation

The consultation required for airport zoning regulations includes early notice to stakeholders of Transport Canada’s intention to make new or amended regulations, a 60-day formal public consultation period, and notification when the airport zoning regulations have been approved and deposited on record in the office of the provincial registrar of lands.

The City of Hamilton is the owner of the airport, which is operated by Tradeport International Corporation. Both the owner and the operator have requested the amendment to the Hamilton Airport Zoning Regulations and are paying the associated costs.

As part of the early consultation activities, Transport Canada briefed the affected municipalities, including the County of Brant, Haldimand County, and Tradeport International Corporation on February 20, 2013, and the City of Hamilton on May 27, 2013. The briefings consisted of a summary of the process to enact airport zoning regulations, Transport Canada’s intention to publish public notices in the local newspapers, and an explanation of the impact of the Regulations on lands within their jurisdictions.

None of the municipalities had any objections to the proposed Regulations. The County of Brant requested that the public notices be published in its local newspapers.

A public notice of Transport Canada’s intention to make new regulations for the John C. Munro Hamilton International Airport was published in the following newspapers: the Hamilton Spectator on June 22, 2013; Le Régional — the week of June 19 to June 25, 2013; the Brantford Expositor on June 19, 2013; and the Brant News on June 20, 2013.

Transport Canada did not receive any inquiries from the general public following the publication of the public notice in local newspapers.

Letters dated June 19, 2013, were sent to two aboriginal groups: the Six Nations of the Grand River and the Mississaugas of the New Credit. The letters provided notification of Transport Canada’s proposed Regulations and contact information. Subsequently, the Six Nations of the Grand River requested a meeting with Transport Canada representatives. On August 26, 2013, Transport Canada met with representatives of the Six Nations of the Grand River in Ohsweken, Ontario, and briefed them on the proposed Regulations and answered questions to their satisfaction.

In addition to publication in the Canada Gazette, Part I, there must be a public notice published in local newspapers advising of the proposed Regulations and the commencement of a 60-day public consultation period. The public notice will include a link to the Canada Gazette Web site where the text of the proposed Regulations is published, notice of a public meeting where interested persons can learn more about the proposed Regulations, and the postal address and email address where the persons can submit written representations to the Minister of Transport.

Rationale

With the proposed Regulations, the airspace associated with the John C. Munro Hamilton International Airport would be kept obstacle-free, increasing the safety of aircraft operating at or in the vicinity of the airport. Further, the proposed Regulations would include restrictions on land use and activities incompatible with the safe operation of the airport and aircraft.

The costs of the proposed Regulations would be borne by the owner and the operator of the airport and are lost opportunity costs that cannot be quantified.

Implementation, enforcement and service standards

The approved Regulations and plans would be deposited in the Land Titles Office in the County of Brant, Haldimand County, and the City of Hamilton.

Copies of the approved Regulations and plans would be distributed to municipal planning departments, the John C. Munro Hamilton International Airport, NAV CANADA, and Transport Canada offices.

Department of Transport Civil Aviation Safety inspectors would monitor and enforce compliance.

Contact

Joseph Szwalek
Regional Director
Civil Aviation
Ontario Region
Department of Transport
4900 Yonge Street, 4th Floor
Toronto, Ontario
M2N 6A5
Telephone: 1-800-305-2059
Fax: 1-877-822-2129

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 John C. Munro Hamilton 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 Joseph Szwalek, Regional Director, Civil Aviation — Ontario, Transport Canada, 4900 Yonge Street, 4th Floor, Toronto, ON M2N 6A5 (tel.: 1-800-305-2059; fax: 1-877-822-2129; email: CASO-SACO@tc.gc.ca).

Ottawa, February 18, 2016

Jurica Čapkun
Assistant Clerk of the Privy Council

John C. Munro Hamilton International Airport Zoning Regulations

Interpretation

Definitions

1 The following definitions apply in these Regulations.

airport means the John C. Munro Hamilton International Airport in the City of Hamilton, in the Province of Ontario, as described in Part 8 of the schedule. (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 a strip surface and that is described in Part 2 of the schedule. (surface d’approche)

outer surface means an 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 the 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)

wildlife hazard zone means the area that is located in the immediate vicinity of the airport and that is described in Part 7 of the schedule. (zone de péril faunique)

zoning plan means Plan File No. 25-009: 10-005 (Sheets 1 to 40), prepared by the Department of Public Works and Government Services and dated March 30, 2012. (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 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 one 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 under the outer surface in a manner that causes interference with any signal or communication to or from an aircraft or to or 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 described in Part 7 of the schedule 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 described in Part 7 of the schedule as a site for an open water storage reservoir for a period of 48 hours or less.

Repeal

7 The Hamilton 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 set out in subsection 5.6(2) of the Aeronautics Act are met.

SCHEDULE

(Sections 1, 2 and 6)

In this schedule, all grid coordinates are in metres (m) and refer to the 1983 North American Datum - GRS80 Ellipsoid, 1989 adjustment (NAD83 Original), Zone 17, Universal Transverse Mercator (UTM) projection. Grid coordinates have been computed using a combined average scale factor of 0.9996636.

In this schedule, all azimuth are measured clockwise and grid-referenced to 0 degrees north.

In this schedule, all elevation values are in metres (m) and are based on the Canadian Geodetic Vertical Datum of 1928 (CGVD28), 1978 Southern Ontario Adjustment.

PART 1

Airport Reference Point

The airport reference point, as shown on sheet 22 of the zoning plan, is a point that may be located as follows:

PART 2

Approach Surfaces

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

The approach surfaces, as shown on sheets 1 to 27, 29 to 35 and 38 to 40 of the zoning plan, are surfaces abutting each end of the strip surfaces associated with runways 06-24 and 12-30. The approach surfaces are described as follows:

PART 3

Outer Surface

The outer surface, as shown on sheets 15 to 18, 20 to 23, 27 to 29, 36 and 37 of the zoning plan, is an imaginary surface located at a constant elevation of 45 m above the assigned elevation of the airport reference point but at 9 m above the surface of the ground when that elevation would place the outer surface at less than 9 m above the surface of the ground.

The limit of the outer surface is located in the City of Hamilton and is described as follows:

PART 4

Strip Surfaces

The elevation of a strip surface at any point is equal to the elevation of the nearest point on the centre line of that strip surface. The elevation of the strip surface centre line 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 centre line between the strip surface thresholds is calculated using a constant ratio between the elevations of the strip surface thresholds and the elevations of the points along the runway centre line that are set out in the tables to this Part.

The strip surfaces, as shown on sheets 21 and 22 of the zoning plan, are imaginary rectangular surfaces described as follows:

Item

Column 1


Starting Point

Column 2


Starting Point Elevation (m)

Column 3



End Point

Column 4


End Point Elevation (m)

Column 5

Distance Between Starting Point and End Point (m)

Column 6

Constant Ratio Used to Calculate Elevation Between Starting Point and End Point

1

Threshold 06

228.30

’A’

235.30

913.00

+1 : 130.4286

2

’A’

235.30

’B’

237.10

567.00

+1 : 315.0000

3

’B’

237.10

’C’

236.40

350.00

-1 : 500.0000

4

’C’

236.40

’D’

234.40

290.10

-1 : 145.0500

5

’D’

234.40

’E’

231.30

374.30

-1 : 120.7419

6

’E’

231.30

Threshold 24

230.30

250.00

-1 : 250.0000

Total Distance Between Thresholds = 2 744.40

Item

Column 1


Starting Point

Column 2


Starting Point Elevation (m)

Column 3



End Point

Column 4


End Point Elevation (m)

Column 5

Distance Between Starting Point and End Point (m)

Column 6

Constant Ratio Used to Calculate Elevation Between Starting Point and End Point

1

Threshold 12

235.50

’F’

236.40

490.00

+1 : 544.4444

2

’F’

236.40

’G’

237.80

767.77

+1 : 548.4071

3

’G’

237.80

’H’

235.00

900.00

-1 : 321.4286

4

’H’

235.00

’D’

234.40

350.00

-1 : 583.3333

5

’D’

234.40

’I’

233.50

422.17

-1 : 469.0778

6

’I’

233.50

Threshold 30

233.30

120.00

-1 : 600.0000

Total Distance Between Thresholds = 3 049.94

PART 5

Transitional Surfaces

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 centre line 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 centre line of the abutting approach surface.

Each transitional surface, as shown on sheets 16 to 18, 20 to 23, 27 and 28 of the zoning plan, is an imaginary inclined surface that extends upward and outward, from the lateral limits of the abutting strip surface and the abutting approach surface, at a ratio of 1 m measured vertically to 7 m measured horizontally and at right angles to the centre line of each abutting strip surface and approach surface to the intersection with the outer surface, or with another transitional surface.

PART 6

Limit of Area Containing Lands to Which These Regulations Apply

The limit of the area containing the lands to which these Regulations apply, as shown on sheets 1 to 40 of the zoning plan, is generally defined by the outer limit of the area covered by the approach surfaces, the outer surface, the strip surfaces, the transitional surfaces and the wildlife hazard zone. The limit is located in the City of Hamilton, the County of Brant, and Haldimand County, and is described as follows:

PART 7

Wildlife Hazard Zone

The wildlife hazard zone, as shown on sheets 9 and 10, 14 to 19, 20 to 24, 26 to 30, 33 to 37 and 40 of the zoning plan, is located in the City of Hamilton, the County of Brant, and Haldimand County, and is described as follows:

PART 8

Airport Lands

The John C. Munro Hamilton International Airport, as shown on sheets 16, 21, 22 and 28 of the zoning plan, is comprised of those lands in the City of Hamilton that are described as follows:

PIN 17399-0480 (LT)
PIN 17399-0479 (LT)
PIN 17399-0331 (LT)
PIN 17399-0306 (LT)
PIN 17399-0293 (LT)
PIN 17399-0196 (LT)

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