Vol. 148, No. 4 — February 12, 2014

Registration

SOR/2014-16 January 29, 2014

AERONAUTICS ACT

Iqaluit Airport Zoning Regulations

P.C. 2014-26 January 28, 2014

Whereas, pursuant to subsection 5.5(1) (see footnote a) of the Aeronautics Act (see footnote b), a notice of the proposed Iqaluit Airport Zoning Regulations was published in two successive issues of the Nunatsiaq News on February 10 and 17, 2012, a copy of the proposed Regulations, substantially in the annexed form, was published in two successive issues of the Canada Gazette, Part I, on March 19 and 26, 2011, and a reasonable opportunity was afforded to interested persons to make representations to the Minister of Transport with respect to the proposed Regulations;

Whereas a purpose of the proposed Regulations is to prevent lands adjacent to or in the vicinity of Iqaluit Airport from being used or developed in a manner that is, in the opinion of the Minister of Transport, incompatible with the safe operation of an airport or aircraft;

And whereas a purpose of the proposed Regulations is to prevent lands adjacent to or in the vicinity of facilities used to provide services relating to aeronautics from being used or developed in a manner that would, in the opinion of the Minister of Transport, cause interference with signals or communications to and from aircraft or to and from those facilities;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to paragraphs 5.4(2)(b) (see footnote c) and (c) (see footnote d) of the Aeronautics Act (see footnote e), makes the annexed Iqaluit Airport Zoning Regulations.

IQALUIT AIRPORT ZONING REGULATIONS

INTERPRETATION

Definitions

1. The following definitions apply in these Regulations.

“airport”
« aéroport »

“airport” means the Iqaluit Airport, in the vicinity of Iqaluit, in Nunavut.

“airport reference point”
« point de référence de l’aéroport »

“airport reference point” means the point described in Part 1 of the schedule.

“approach surface”
« surface d’approche »

“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.

“outer surface”
« surface extérieure »

“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.

“strip surface”
« surface de bande »

“strip surface” means the imaginary surface that is associated with the airport runway and that is described in Part 4 of the schedule.

“transitional surface”
« surface de transition »

“transitional surface” means an imaginary inclined surface that extends upward and outward from the lateral limits of the strip surface and its approach surfaces, and that is described in Part 5 of the schedule.

“zoning plan”
« plan de zonage »

“zoning plan” means Plan No. E 3265, prepared by the Department of Public Works and Government Services and dated December 1, 2008.

APPLICATION

Lands near airport

2. These Regulations apply in respect of all lands that are adjacent to or in the vicinity of the airport 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 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 the outer surface 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 that are under the outer surface 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 that are under the outer surface as a site for an open water storage reservoir for a period of 48 hours or less.

COMING INTO FORCE

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

7. 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 19, Universal Transverse Mercator (UTM) projection. Grid coordinates have been computed using an average combined scale factor of 0.99959894.

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 the geometric centre of the runway thresholds, at grid coordinates 7 069 965.22 N, 521 899.94 E (latitude 63°45′23.67089″ N, longitude 68°33′22.01292″ W). It is located on the centre line of the strip surface at a distance of 1 371.43 m from the end of the strip surface associated with runway 17-35, and its assigned elevation is 21.24 m above sea level.

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 centre line of that approach surface. The elevation of an approach surface centre line 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

The outer surface, as shown on the zoning plan, is an imaginary surface situated at a constant elevation of 45.00 m above the airport reference point, but at 9.00 m above the ground when that elevation would place the outer surface at less than 9.00 m above the ground.

The limit of the outer surface is described as follows:

PART 4

STRIP SURFACE

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 strip surface centre line between the strip surface thresholds has a slope that decreases at the constant ratio set out in Column 7 of the table below. The elevation of any point along the centre line is calculated using the data set out in that table.

The strip surface, as shown on the zoning plan, is an imaginary rectangular surface described as follows:

Data for Calculating Elevation Between Thresholds Along Centre Line of Runway 17-35

Column 1







Item

Column 2






Starting point

Column 3



Assigned elevation of starting point (m)

Column 4







End point

Column 5



Distance between starting and end points (m)

Column 6




Assigned elevation of end point (m)

Column 7

Constant ratio for calculating elevation of any point along centre line

1.

Threshold 17

33.01

Threshold 35

2 622.86

21.24

-1 : 222.8428

PART 5

TRANSITIONAL SURFACES

Each transitional surface, as shown on the zoning plan, is an imaginary inclined surface ascending at a ratio of 1.00 m measured vertically to 7.00 m measured horizontally at right angles to the centre line and projected centre line of the strip surface, extending upward and outward from the lateral limits of the strip surface and its approach surfaces to the intersection with the outer surface, whose description is limited, for the purposes of this Part, to the first paragraph of Part 3.

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.

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 the zoning plan, is generally defined by the limit of the area covered by the approach surfaces, outer surface, strip surfaces and transitional surfaces, and is more particularly described as follows:

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues and objectives

The safety of aircraft operating in the airspace surrounding our airports is of vital concern to private citizens and to federal and municipal governments. Airport zoning regulations (AZR) are established to ensure that lands adjacent to and in the vicinity of an airport 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.

Between 1990 and 1995 the Minister of Transport entered into agreements to transfer 49 airports owned by Transport Canada to the Government of the Northwest Territories. The transfer agreements included a commitment for Transport Canada to establish airport zoning regulations at specific airports. Airport zoning regulations were then made for all but nine airports. On April 1, 1999, the Nunavut Territory was formed which included these nine airports. These airports were Iqaluit, Qikiqtarjuaq, Sanikiluaq, Pond Inlet, Pangnirtung, Kugaaruk, Kimmirut, Clyde River and Cape Dorset.

On March 19 and March 26, 2011, the nine proposed regulations were published in two successive issues of the Canada Gazette, Part I, followed by a 60-day comment period. The City of Iqaluit sent a letter during the 60-day consultation period outlining issues with existing and proposed development within the 4 km radius measured from the mid-way point of the runway and requested that Transport Canada address these issues, thereby delaying the publication of the Iqaluit Airport Zoning Regulations (“the Regulations”) in the Canada Gazette, Part II.

On May 23, 2012, eight of the nine proposed regulations were published in the Canada Gazette, Part II. The publication of the Regulations respecting the Iqaluit Airport was postponed until such time as all issues that had been raised by the City of Iqaluit were resolved. Transport Canada regional civil aviation officials have worked with the City and the airport operator to address and resolve these issues.

Description and rationale

The Regulations provide protection against development and land uses around the airport that are not compatible with safe airport operations and associated aircraft activities.

With the Regulations, the airspace associated with this airport will be kept obstacle-free, increasing the safety of aircraft operating in the vicinity of the airport. The Regulations impose height limitations on new structures that would be constructed within 4 km of the mid-point of the runway (the outer surface).

The Regulations provide protections against developments beneath the outer surface that would cause an interference with any signals or communications to and from an aircraft or to and from any facility used to provide services relating to aeronautics.

The Regulations also include a clause to prevent land uses or activities that may attract wildlife, particularly birds, which may create a hazard for aviation safety within the outer surface.

Benefits and costs

With the Regulations, the airspace associated with the Iqaluit Airport will be kept obstacle-free, increasing the safety of aircraft operating in the vicinity of the airport. The risk of electronic interference will be reduced and future communication and navigation services will be protected. By restricting land uses and activities attractive to birds, the Regulations reduce the risk of bird strikes.

No existing structures will be removed directly and solely because of the Regulations. There should be no major negative effects on land development patterns or land values in the vicinity of the airport.

The costs of the Regulations are being borne by Transport Canada and include technical expertise related to the processing of the Regulations, such as completion of the zoning surveys, drafting, printing and publishing the Regulations. These costs are far outweighed by the benefits of increased safety for the airport operations.

Consultation

Transport Canada conducted three types of early consultation: with municipalities, Aboriginal groups and potentially affected landowners.

The Department of Community and Government Services, Government of Nunavut was briefed during the winter of 2003 and spring of 2004.

Aboriginal consultation was held concurrently with the information launch to potentially affected landowners. This included, but was not limited to, the posting on a Web site of maps of the zoning and proposed regulations for each airport, as well as download capability, publication in the local newspapers and letters being sent directly to all Aboriginal parties and communities in the areas affected.

The proposed regulations were prepublished in two successive issues of the Canada Gazette, Part I, in both official languages, on March 19, 2011, and March 26, 2011, followed by a 60-day comment period (from the first publication). A Public Notice was published in two issues of the Nunatsiaq News on March 18, 2011, and April 8, 2011, and again on February 10, 2012, and February 17, 2012, providing notice of the proposed regulations and directing the public to a Web site containing the text of the proposed regulations.

Initial engagement letters for all nine airports, including Iqaluit, were sent to affected Aboriginal associations on March 21, 2011. A final engagement letter for the Iqaluit airport will be sent to affected Aboriginal associations following deposit of the Regulations in the local land titles office advising those associations of the making of the Regulations.

The City of Iqaluit sent a letter during the 60-day consultation period outlining issues with existing and proposed development within the outer surface. Transport Canada regional civil aviation officials have worked with the City and the airport operator, which is the Government of Nunavut, to address and resolve these issues. The possibility of modifying the 360° outer surface configuration to allow for existing and proposed development was discussed. The Government of Nunavut contracted LPS Avia Consulting to conduct an aeronautical study to determine the impacts, if any, of this option on operations at the Iqaluit Airport.

The aeronautical study concluded that if a portion of the 360° outer surface configuration was modified by reducing it to exclude the areas the City of Iqaluit had raised concerns with, there would be minimal impact on airport operations at the Iqaluit Airport.

Generally, the outer surface is an imaginary circle with a radius of 4 km measured from the mid-point of the runway and located 45 m above this point. The area excluded from the outer surface to accommodate existing and proposed residential development represents 126° of the 360° circle, leaving an outer surface of 234° which, based upon the completed aeronautical study, is sufficient protection for the Iqaluit Airport. The Government of Nunavut and the City of Iqaluit have been consulted and support the proposed outer surface change.

Implementation, enforcement and service standards

The Regulations will be filed in the Land Titles Office in Iqaluit upon final approval.

The Iqaluit Airport will provide copies of the final zoning plans and the Regulations to land use authorities/municipal planners and other key stakeholders. The airport and the regional community planners will monitor developments in the vicinity of the airport for compliance with the Regulations.

Department of Transport Civil Aviation Safety Inspectors will monitor and enforce compliance.

Contact

Wayne Woloshyn
Civil Aviation
Prairie and Northern Region
1100 Canada Place
9700 — Jasper Place
Edmonton, Alberta
T5J 4E6
Telephone: 780-495-8322
Fax: 780-495-5190
Email: wayne.woloshyn@tc.gc.ca