PART I — Aeronautics

Airport Zoning

5.4Definitions history

(1)

In this section and sections 5.5 to 5.81,

airport site means any land, not being a part of an existing airport,

(a)

the title to which is vested in or that otherwise belongs to Her Majesty in right of Canada, or

(b)

in respect of which a notice of intention to expropriate under section 5 of the Expropriation Act has been registered

and that is declared by order of the Governor in Council to be required for use as an airport; (zone aéroportuaire)

federal airport includes a military aerodrome; (aéroport fédéral)

lands include water (and the frozen surface thereof) and any other supporting surface; (biens-fonds)

object includes an object of natural growth; (éléments)

owner, in respect of land or a building, structure or object, includes any person other than a lessee, who has a right, title or interest in the land, building, structure or object that is a recognized right, title or interest therein under the law of the province in which it is situated; (propriétaire)

provincial authority means an authority in a province responsible for the regulation of land use; (autorité provinciale)

zoning regulation means any regulation made pursuant to subsection (2). (règlements de zonage)

Zoning regulation

(2)

The Governor in Council may make regulations for the purposes of

(a)

preventing lands adjacent to or in the vicinity of a federal airport or an airport site from being used or developed in a manner that is, in the opinion of the Minister, incompatible with the operation of an airport;

(b)

preventing lands adjacent to or in the vicinity of an airport or airport site from being used or developed in a manner that is, in the opinion of the Minister, incompatible with the safe operation of an airport or aircraft; and

(c)

preventing 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, cause interference with signals or communications to and from aircraft or to and from those facilities.

Conditions precedent

(3)

The Governor in Council shall not make a zoning regulation under paragraph (2)(a) unless

(a)

the Minister, after making a reasonable attempt to do so, has been unable to reach an agreement with the government of the province in which the lands to which the zoning regulation applies are situated providing for the use or development of the lands in a manner that is compatible with the operation of an airport; or

(b)

in the opinion of the Minister, it is necessary to immediately prevent the use or development of the lands to which the zoning regulation applies in a manner that is incompatible with the operation of an airport.

Non-conforming uses, etc.

(4)

No zoning regulation shall apply to or in respect of a use of land, buildings, structures or objects or a building, structure or object that, on the day on which the zoning regulation comes into force, exists as a use, building, structure or object that does not conform to the zoning regulation.

Deeming existence of certain things

(5)

For the purposes of subsection (4), where on the day on which a zoning regulation comes into force, all approvals for construction required by law have been obtained permitting a building, structure or object that, if constructed, would not conform to the zoning regulation, the building, structure or object shall be deemed to exist on the day on which the zoning regulation comes into force.

R.S., 1985, c. 33 (1st Supp.), s. 1; 1992, c. 4, s. 10

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5.5Publication of notice of proposed regulation history

(1)

The Minister shall cause a notice of every zoning regulation that is proposed to be made to be published in two successive issues of at least one newspaper, if any, serving the area to which the proposed zoning regulation relates and in two successive issues of the Canada Gazette, and a reasonable opportunity shall be afforded to interested persons to make representations to the Minister with respect thereto.

Exception

(2)

No notice of a proposed zoning regulation is required to be published under subsection (1) if

(a)

it has previously been published pursuant to this section, whether or not the proposed zoning regulation is altered as a result of representations referred to in subsection (1); or

(b)

the proposed zoning regulation would, in the opinion of the Minister, make no material substantive change in an existing zoning regulation.

R.S., 1985, c. 33 (1st Supp.), s. 1

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5.6Publication of zoning regulations history

(1)

In addition to the publication required by the Statutory Instruments Act, a copy of every zoning regulation shall, forthwith after it is made, be published in two successive issues of at least one newspaper, if any, serving the area to which the zoning regulation relates.

Deposit of regulation, plan and description

(2)

A zoning regulation shall come into force in respect of the lands to which it applies when a copy thereof, together with a plan and description of the lands, signed by the Minister and by a land surveyor duly licensed in and for the province in which the lands are situated, has been deposited on record in the office of the registrar or master of deeds or land titles or other officer with whom the title to land is registered or recorded in each county, district or registration division in which any part of the lands are situated.

Amendments

(3)

Where a zoning regulation deposited pursuant to subsection (2) is amended, the amending regulation shall come into force when a copy thereof, signed in the manner provided in that subsection, is deposited in the same office or offices where the zoning regulation thereby amended was deposited, but a further plan and description need not be so deposited unless lands additional to those affected by the zoning regulation thereby amended are affected by the amending regulation.

Duty of the registrar

(4)

For the purposes of subsections (2) and (3), the registrar or master of deeds or land titles or other officer with whom the title to land is registered or recorded shall receive and permanently retain in his office such zoning regulations and plans and descriptions as are deposited pursuant to those subsections and shall endorse thereon the day, hour and minute of their deposit.

Abandonment

(5)

Where a notice of intention to expropriate for any of the purposes described in subsection 5.4(2) has been registered in accordance with the Expropriation Act and that intention is abandoned or is deemed to have been abandoned under that Act, any zoning regulation with respect to the lands affected by the abandonment shall thereupon cease to have effect.

R.S., 1985, c. 33 (1st Supp.), s. 1

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5.7Notice of entry to enforce compliance history

(1)

The Minister may by notice in writing to an owner or lessee who

(a)

is making use of lands or a building, structure or object, or

(b)

has a building, structure or object on any lands,

in contravention of a zoning regulation, advise the owner or lessee that, unless, prior to such date as the Minister shall specify in the notice, being not earlier than thirty days after the date the notice is served or last published pursuant to subsection (2), the contravening use is permanently discontinued or the building, structure or object is removed or altered to the extent described by the Minister in the notice, as the case may require, the Minister intends to enter on the lands and take such steps as may be reasonably necessary to prevent the continuation of the contravening use or to remove or alter the building, structure or object.

Notice to contain statement

(2)

A notice under subsection (1) shall

(a)

contain a statement of the provisions of subsection (3); and

(b)

be served on the owner or lessee to whom it is addressed personally or by registered or certified mail or, where the Minister is, after reasonable attempts, unable to ascertain the address or whereabouts of the owner or lessee, be

(i)

posted on the land, building, structure or object to which the notice relates, and

(ii)

published in two successive issues of at least one newspaper, if any, serving the area in which the land, building, structure or object is situated and in two successive issues of the Canada Gazette.

Objection

(3)

An owner or lessee who objects to the intended entry or steps to be taken referred to in subsection (1) may, within thirty days after the date of service of the notice on the owner or lessee under subsection (2) or within thirty days after the date of the last publication of the notice under subsection (2), as the case may be, serve on the Minister, by registered or certified mail or by leaving at the Minister’s office, an objection in writing indicating the nature of the objection and the grounds on which the objection is based.

Representations on objections

(4)

Where the Minister has received an objection under subsection (3), the Minister shall, within a reasonable time thereafter, provide the owner or lessee who made the objection with a full opportunity before the Minister to be heard concerning the nature and grounds of the objection.

Notice of intentions after objections

(5)

The Minister shall, forthwith after providing a full opportunity to be heard to an owner or lessee in relation to an objection, in writing served personally or by registered or certified mail, notify the owner or lessee whether the Minister intends to give effect to the objection and, where the Minister does not intend to do so, the notice shall state the Minister’s reasons therefor.

Entry

(6)

Where

(a)

a notice to an owner or lessee under subsection (1) has been served or has been posted and published in accordance with subsection (2),

(b)

a notice of objection by the owner or lessee has not been served on the Minister in accordance with subsection (3) or, the notice having been served and a full opportunity afforded to the owner or lessee to be heard in relation thereto, the Minister has notified the owner or lessee pursuant to subsection (5) that the Minister does not intend to give effect to the objection, and

(c)

the owner or lessee continues to make use of lands or any building, structure or object thereon in contravention of the zoning regulation in respect of which the notice was issued or continues to have a building, structure or object on lands in contravention of the zoning regulation, as the case may be,

the Minister may, subject to subsection 8.7(4), enter on the lands and take such steps as may be reasonably necessary to prevent the continuation of the contravening use or to remove or alter the building, structure or object, as the case may require.

Notices not statutory instruments

(7)

A notice under this section shall be deemed not to be a statutory instrument for the purposes of the Statutory Instruments Act.

R.S., 1985, c. 33 (1st Supp.), s. 1; 1992, c. 1, s. 5; 2001, c. 4, s. 54(F)

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5.8No right to compensation, etc. history

No person is entitled to any compensation or costs for any loss, damage, removal or alteration resulting from the application of a zoning regulation to any lands, building, structure or object.

R.S., 1985, c. 33 (1st Supp.), s. 1

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5.81Agreements with a provincial authority history

(1)

The Minister may enter into an agreement with a provincial authority to authorize the provincial authority to regulate, in the same manner and to the same extent as it may regulate the use of lands within its jurisdiction, the use of lands adjacent to or in the vicinity of an airport or airport site that are not the subject of regulations made pursuant to subsection 5.4(2), for the purpose of ensuring that that use is not incompatible with the safe operation of an airport or aircraft.

Saving

(2)

Subsections 5.4(3) to (5) and sections 5.5 to 5.7 shall not apply in respect of lands that are the subject of an agreement made under subsection (1), during the period in which the agreement remains in effect.

Contravention

(3)

Every person who contravenes a regulation or other measure established by a provincial authority pursuant to an agreement referred to in subsection (1) is guilty of an offence punishable on summary conviction.

1992, c. 4, s. 11

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