The Murphy Builders Site

hey all

I got buddy with private grass airstrip around lake erie
he wants to put hanger up
I recall some folks saying it falls under federal controls and townships have no say
can anyone provide some info on this issue for permits, etc

cheers

mike#007

Tell him to get at it quick Mike as times are a changing. Proposals are in the works to turn aerodromes over to local authorities.

Currently they are still covered by precedence and the "Province, County, Municipality, City or Town has no constitution capacity to assess planning power over an aerodrome" It doesn't have to be registered... any surface that has been landed on and subsequently taken off from is an "aerodrome".

If he needs it... and if I ever get back from the city... I'll dig through my filing cabinet and pull out all my documents.

Under NO circumstance let him call the municipality to "ask" what he can do. Just build it..

Wayne

Mike

Wayne is quite right, all matters concerning the development of aerodromes and their use in Canada currently come under the jurisdiction of the Aeronautics Act, which is a Federal statute and therefore takes precedence over provincial statutes and municipal by-laws. Not all municipal authorities are aware of this and may try to challenge your friend. However there have been several situations where this issue has arisen before, and the precedence of the Act has been confirmed, but so long as your friend can show customary use of the airstrip for aeronautics the strip comes under federal jurisdiction. Having said that, even if he is not a registered aerodrome or doesn't intend to become registered, he still needs to ensure he complies with the Aeronautics Act on his airstrip and makes sure that he builds his hangar in compliance with the Canadian Aviation Regulations, in particular with respect to its siting, set-back and obstacle clearances relative to the runway.

For guidance on this he should consult the Canadian Aerodrome Standards published by Transport Canada as Transport Publication TP 312. Just Google TP 312 and all of the required standards are on line. He would likely need to apply the obstacle clearances for Code 1A aircraft for a Non-Instrument runway and its approach, take-off and transitional (side) clearance areas, and ensure the hangar is set back far enough from tbe runway that it will not itself constitute a non-compliant obstacle under the CARs. The reason for making this point is that it would be difficult in law to seek the protection of the federal Aeronautics Act under a challenge to municipal authority if you don't actually comply with that Act. Note that the municipality may still have jurisdiction over non-aeronautical uses on the lands, so he couldn't use the Aeronautics Act to erect a silo or a house on the property. Wayne is also correct in pointing out that the current situation in Canada could change whereby land use controls over local aerodromes could be assigned to local authorities, as has happened in other countries.

Victor
Rebel 489
Doonan QLD 4562

I'd also recommend your friend get this 64 page "Guide to Private Aerodromes" document from COPA:

http://www.google.ca/url?sa=t&rct=j&q=& ... 5890,d.eXY

Cheers,

Dave

Be sure to skip the part in COPA's guide that says to go to the municipality first and tell them what you are doing!

Update from TC regarding "ALL Aerodromes".

Transport Canada has just sent a New Strict Proposed Regulation for all aerodromes. A consultation requirement with 27 x ‘’onerous’’ Public Notification steps
estimated by TC to cost, new or existing aerodrome owner up to $60,000.

The most devastating requirements are:

· The installation/aerodrome must adhere to local building and fire codes, no longer according to the National Building Code of Canada.
· Information on the environmental status of the project, including any requirements under the Canadian Environmental Assessment Act, 2012

Public consultation will be Required
1. The public consultation process will apply to:
a. A new aerodrome development
i. Within a built-up area of a city or town;
ii. In non-built up areas if
1. It is within 4000m of a built-up area of a city or town;
2. It is in or within 4000m of a protected area; or
3. It is within 30 nautical miles of a registered or certified aerodrome.
b. An existing aerodrome development if
i. modifications result in changes to existing level(s) of service or operation; or
ii. modifications result or could reasonably result in change(s) to existing usage.
Pre-Consultation
2. Proponents must notify NAV CANADA and Transport Canada of their aerodrome proposal regardless of the requirement to conduct a public consultation.

UNTIL APRIL 8th 2015, COMMENTS ON THIS NOTICE MAY BE ADDRESSED, IN WRITING, TO:
CARAC Notice #2013-014 contact info: carrac@tc.gc.ca also please copy COPA’s National office by cc’ing pgilligan@copanational.org who is the coordinator COPA’s response.
Note: after this date, comments will no longer be considered in further revisions to the regulations and standards.

Cheers,

i guess we all better start writing complaints about these changes
more federal regs to destroy more people and industry in this country
typical
i will be sending letters tomorrow and copy to copa and raa

cheers

Mike#007

As I said.. there are changes in the works.. get your buddy going NOW.

That said, he is an existing aerodrome and building a hangar will not change the level of "service" or "usage".