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Moncton Airport Zoning Regulations (SOR/90-818)

Regulations are current to 2023-03-06

Moncton Airport Zoning Regulations

SOR/90-818

AERONAUTICS ACT

Registration 1990-11-29

Regulations Respecting Zoning at Moncton Airport

P.C. 1990-2542 1990-11-29

Whereas, pursuant to section 5.5 of the Aeronautics Act, a copy of the proposed Zoning Regulations respecting Moncton Airport, substantially in the form set out in the schedule hereto, was published in two successive issues of the Canada Gazette Part I on March 17th and 24th, 1990, and in two successive issues of The Times-Transcript on March 14th and 15th, 1990, and in two successive issues of L’Acadie Nouvelle on March 13th and 14th, 1990, and a reasonable opportunity was thereby afforded to interested persons to make representations to the Minister of Transport with respect thereto;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 5.4 of the Aeronautics Act, is pleased hereby to revoke the Moncton Airport Zoning Regulations, C.R.C., c. 94 and to make the annexed Regulations respecting zoning at Moncton Airport, in substitution therefor.

Short Title

 These Regulations may be cited as the Moncton Airport Zoning Regulations.

Interpretation

  •  (1) In these Regulations,

    airport

    airport means the Moncton Airport, in the Parish of Moncton, in the County of Westmorland, in the Province of New Brunswick; (aéroport)

    airport reference point

    airport reference point means the point described in Part I of the schedule; (point de repère de l’aéroport)

    approach surface

    approach surface means an imaginary inclined plane that extends upward and outward from each end of a strip, which approach surface is more particularly described in Part II of the schedule; (surface d’approche)

    Minister

    Minister means the Minister of Transport; (ministre)

    outer surface

    outer surface means an imaginary surface located above and in the immediate vicinity of the airport, which outer surface is more particularly described in Part III of the schedule; (surface extérieure)

    strip

    strip means the rectangular portion of the landing area of the airport, including the runway, prepared for the take-off and landing of aircraft in a particular direction, which strip is more particularly described in Part IV of the schedule; (bande)

    transitional surface

    transitional surface means an imaginary inclined plane that extends upward and outward from the lateral limits of a strip and its approach surfaces, which transitional surface is more particularly described in Part V of the schedule. (surface de transition)

  • (2) For the purposes of these Regulations, the elevation of the airport reference point is 60 m above sea level.

Application

 These Regulations apply to all the lands, including public road allowances, adjacent to or in the vicinity of the airport, which lands are more particularly described as follows:

  • (a) the lands within the outer limits of lands described in Part VI of the schedule; and

  • (b) the lands directly under that portion of the approach surfaces that extend beyond the said outer limits.

General

 No person shall erect or construct on any land to which these Regulations apply, any building, structure or object or any addition to any existing building, structure or object, the highest point of which will exceed in elevation at the location of that point

  • (a) the approach surfaces;

  • (b) the outer surface; or

  • (c) the transitional surfaces.

Aeronautical Facilities

 No owner or occupier of any land to which these Regulations apply shall permit such land or any part of it to be used or developed in a manner that causes interference with any signals or communications to and from any aircraft or to and from any facilities used to provide services relating to aeronautics.

Natural Growth

 Where an object of natural growth on any land to which these Regulations apply exceeds in elevation any of the surfaces referred to in paragraphs 4(a) to (c), the Minister may require that the owner or occupier of the land on which that object is growing remove the excessive growth.

Disposal of Waste

 No owner or occupier of any land to which these Regulations apply shall permit such land or any part of it to be used for the disposal of any waste that is edible by or attractive to birds.

 
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