CONSOLIDATION

Kapuskasing Airport Zoning Regulations

SOR/87-100

Current to June 20, 2022



OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence

31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations

(3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency.

LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only.

NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”.

Current to June 20, 2022

TABLE OF PROVISIONS Zoning Regulations Respecting Kapuskasing Airport

Short Title

Interpretation

Application

General

Natural Growth

Disposal of Waste SCHEDULE

Current to June 20, 2022

ii

Registration SOR/87-100 February 19, 1987

AERONAUTICS ACT Kapuskasing Airport Zoning Regulations P.C. 1987-281

February 19, 1987

Whereas, pursuant to section 4.5* of the Aeronautics Act, a copy of the proposed Zoning regulations respecting Kapuskasing Airport, substantially in the form set out in the schedule hereto, was published in the Canada Gazette Part I on February 8, 1986 and a reasonable opportunity was thereby afforded to interested persons to make representations to the Minister of Transport with respect thereto; Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 4.4* of the Aeronautics Act, is pleased hereby to make the annexed Zoning Regulations respecting Kapuskasing Airport.

*

S.C. 1985, c. 28, s. 1

Current to June 20, 2022

Zoning Regulations Respecting Kapuskasing Airport

Short Title 1 These Regulations may be cited as the Kapuskasing Airport Zoning Regulations.

Interpretation 2 (1) In these Regulations,

airport means the Kapuskasing Airport, in the Town of Kapuskasing, in the District of Cochrane, in the Province of Ontario; (aéroport) airport reference point means the point described in Part I of the schedule; (point de repère de l’aéroport) 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 means the Minister of Transport; (ministre) 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 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 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 assigned elevation of the airport reference point is 221.0 m above sea level.

Application 3 These Regulations apply to all the lands, including public road allowances, adjacent to or in the vicinity of

Current to June 20, 2022

Kapuskasing Airport Zoning Regulations Application Sections 3-6

the airport, which lands are more particularly described in Part VI of the schedule.

General 4 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.

Natural Growth 5 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 growth or the excessive portion thereof.

Disposal of Waste 6 No owner or occupier of any land to which these Regulations apply shall permit that land or any part of it to be used for the disposal of any waste that is edible by or attractive to birds.

Current to June 20, 2022

Kapuskasing Airport Zoning Regulations SCHEDULE

SCHEDULE (Sections 2 and 3)

PART I

Description of the Airport Reference Point The airport reference point, shown on Kapuskasing Airport Zoning Plan No. 56-090-83-26, Sheet 5, dated October 24, 1984, is a point distant 100 m measured southwesterly at right angles to the centre line of runway 17-35, from a point distant 900 m measured northwesterly along the said centre line from the southeasterly end of said runway.

PART II

Description of the Approach Surfaces The approach surfaces, shown on Kapuskasing Airport Zoning Plan No. 56-090-83-26, Sheets 2, 4, 5, 6, 8, 10, 11, 12 and 13 dated October 24, 1984, are surfaces abutting each end of the strips associated with the runways designated 17-35 and 10-28 and are described as follows: (a) a surface abutting the end of the strip associated with runway approach 17 consisting of an inclined plane having a ratio of 1 m measured vertically to 50 m measured horizontally rising to an imaginary horizontal line drawn at right angles to the projected centre line of the strip and distant 15 000 m measured horizontally from the end of the strip; the outer ends of the imaginary horizontal line being 2 400 m from the projected centre line; said imaginary horizontal line being 300 m measured vertically above the elevation at the end of the strip; (b) a surface abutting the end of the strip associated with runway approach 35 consisting of an inclined plane having a ratio of 1 m measured vertically to 50 m measured horizontally rising to an imaginary horizontal line drawn at right angles to the projected centre line of the strip and distant 15 000 m measured horizontally from the end of the strip; the outer ends of the imaginary horizontal line being 2 400 m from the projected centre line; said imaginary horizontal line being 300 m measured vertically above the elevation at the end of the strip; (c) a surface abutting the end of the strip associated with runway approach 10 consisting of an inclined plane having a ratio of 1 m measured vertically to 40 m measured horizontally rising to an imaginary horizontal line drawn at right angles to the projected centre line of the strip and distant 2 500 m measured horizontally from the end of the strip; the outer ends of the imaginary horizontal line being 280 m from the projected centre line; said imaginary horizontal line being 62.5 m measured vertically above the elevation at the end of the strip; and

Current to June 20, 2022

Kapuskasing Airport Zoning Regulations SCHEDULE

(d) a surface abutting the end of the strip associated with runway approach 28 consisting of an inclined plane having a ratio of 1 m measured vertically to 40 m measured horizontally rising to an imaginary horizontal line drawn at right angles to the projected centre line of the strip distant 2 500 m measured horizontally from the end of the strip, the outer ends of the imaginary horizontal line being 280 m from the projected centre line; said imaginary horizontal line being 62.5 m measured vertically above the elevation at the end of the strip.

PART III

Description of the Outer Surface The outer surface, shown on Kapuskasing Airport Zoning Plan No. 56-090-83-26, Sheets 1 to 9, dated October 24, 1984, is an imaginary surface located at a common plane established at a constant elevation of 45 m above the assigned elevation of the airport reference point, except where that common plane is less than 9 m above the surface of the ground, in which case the imaginary surface is located at 9 m above the surface of the ground.

PART IV

Description of the Strips The strips, as shown on Kapuskasing Airport Zoning Plan No. 56-090-83-26, Sheet 5, dated October 24, 1984, are described as follows: (a) the strip associated with runway 10-28, being 60 m in width, 30 m on each side of the centre line of the runway, and 1 260 m in length; and (b) the strip associated with runway 17-35, being 300 m in width, 150 m on each side of the centre line of the runway, and 1 800 m in length.

PART V

Description of Each Transitional Surface Each transitional surface, shown on Kapuskasing Airport Zoning Plan No. 56-090-83-26, Sheets 2, 4, 5, 6 and 8, dated October 24, 1984, is a surface consisting of an inclined plane rising at a ratio of 1 m measured vertically to 7 m measured horizontally at right angles to the centre line and centre line produced of each strip extending upward and outward from the lateral limits of each strip and its approach surfaces to an

Current to June 20, 2022

Kapuskasing Airport Zoning Regulations SCHEDULE

intersection with the outer surface or another transitional surface of an adjoining strip.

PART VI

Description of the Outer Limit of Lands The boundary of the outer limits of lands, shown on Kapuskasing Airport Zoning Plan No. 56-090-83-26, Sheets 1 to 13, dated October 24, 1984, is described as follows: In the District of Cochrane, Province of Ontario, being parts of the Town of Kapuskasing and parts of the Townships of Owens, Williamson, O’Brien and Swanson, described as follows: PREMISES that all bearings and co-ordinates herein are bearings and co-ordinates of the Universal Transverse Mercator Co-ordinate System, Zone 17, with central meridian in Longitude 81° West; COMMENCING at the northwest corner of Lot 29, Concession 18, Township of O’Brien; THENCE easterly along the north boundary of Concession 18, Township of O’Brien to the northeast corner of Lot 26, Concession 18, being also the northwest corner of Water Power Reserve No. 11, Township of O’Brien; THENCE easterly along the north boundary of said Water Power Reserve No. 11 to the northeast corner thereof, being also the northwest corner of Lot 24, Concession 18, Township of O’Brien; THENCE easterly along the north boundary of Concession 18, Township of O’Brien to the northeast corner of Lot 23, Concession 18, Township of O’Brien; THENCE southerly along the easterly boundary of Lot 23, Concession 18 and Lot 23, Concession 17, to the southeast corner of said Lot 23, Concession 17, Township of O’Brien; THENCE southerly in a straight line to the northwest corner of Lot 22, Concession 16, Township of O’Brien; THENCE easterly along the north boundary of Lots 22 and 21, Concession 16, Township of O’Brien, to the northeast corner of Lot 21, Concession 16, Township of O’Brien; THENCE southerly along the east boundary of Lot 21, Concession 16 and Lot 21, Concession 15, being also in part the east limit of registered plan M-255 Cochrane and the west limit of Ash Street as shown on registered plans M-255 Cochrane, M-199 Cochrane, M-156 Cochrane and M-144 Cochrane, to the southeast corner of Lot 21, Concession 15, Township of O’Brien; THENCE southerly in a straight line to the northeast corner of Lot 21, Concession 14, Township of O’Brien; THENCE southerly along the east boundary of said Lot 21, Concession 14, Township of O’Brien to the southeast corner thereof;

Current to June 20, 2022

Kapuskasing Airport Zoning Regulations SCHEDULE

THENCE along the boundary between Concessions 13 and 14 to the northeast corner of Lot 21, Concession 13, Township of O’Brien; THENCE southerly along the east boundary of Lot 21, Concession 13, Township of O’Brien to the southeast corner thereof; THENCE southerly in a straight line to the northeast corner of Lot 21, Concession 12, Township of O’Brien; THENCE southerly along the east boundary of Lot 21, Concession 12, Township of O’Brien to the southeast corner thereof; THENCE along the boundary between Concessions 11 and 12 to the northeast corner of Lot 21, Concession 11, Township of O’Brien; THENCE southerly along the east boundary of said Lot 21, Concession 11, to the southeast corner thereof; THENCE westerly along the south boundary of Lots 21 and 22, Concession 11 to the southwest corner of Lot 22, Concession 11, Township of O’Brien; THENCE southerly in a straight line to the northeast corner of Lot 23, Concession 10, Township of O’Brien; THENCE southerly along the east boundary of Lot 23, Concession 10 and Lot 23, Concession 9 to the southeast corner of Lot 23, Concession 9, Township of O’Brien; THENCE westerly along the south boundary of said Lot 23, Concession 9, Township of O’Brien to its intersection with the Limit of Approach Surface 35 being a straight line bearing 328°51′05″ from the southeasterly corner of said approach surface, the co-ordinates of which are North 5 460 268.420, East 401 720.339; THENCE southeasterly along the said Limit of Approach Surface to the south boundary of the Township of O’Brien, being also the north boundary of the Township of Swanson; THENCE continuing southeasterly along said Limit of Approach Surface to the southeasterly corner thereof, the co-ordinates of which are North 5 460 268.420, East 401 720.339; THENCE southwesterly in a straight line along the Limit of Approach Surface 35 to the southwesterly corner thereof, the co-ordinates of which are North 5 458 422.926, East 397 290.698; THENCE northerly along the westerly Limit of Approach Surface 35 being a straight line bearing 345°54′47″ to the north boundary of the Township of Swanson, being also the south boundary of the Township of O’Brien; THENCE continuing northerly along said Limit of Approach Surface, being a straight line bearing 345°54′47″ to its intersection with the south boundary of Lot 26, Concession 9, Township of O’Brien; THENCE westerly along the south boundary of Lots 26, 27, 28 and 29, Concession 9, Township of O’Brien and its projection across the Kapuskasing River to the southwest corner of Lot 29, Concession 9, Township of O’Brien; THENCE southwesterly in a straight line to the southeast corner of Lot 1, Concession 9, Township of Owens;

Current to June 20, 2022

Kapuskasing Airport Zoning Regulations SCHEDULE

THENCE westerly along the south boundary of Lots 1, 2, 3, 4 and 5, Concession 9, Township of Owens to the southwest corner of Lot 5, Concession 9, Township of Owens; THENCE northerly along the west boundary of Lot 5, Concession 9 and Lot 5, Concession 10 to the northwest corner of Lot 5, Concession 10, Township of Owens; THENCE northerly in a straight line to the southeast corner of Lot 6, Concession 11, Township of Owens; THENCE westerly along the south boundary of Lot 6, Concession 11, Township of Owens to the southwest corner thereof; THENCE westerly in a straight line to the southeast corner of Lot 7, Concession 11, Township of Owens; THENCE westerly along the south boundary of Lot 7, Concession 11, Township of Owens, to the southwest corner thereof; THENCE northerly along the west boundary of Lot 7, Concession 11 and Lot 7, Concession 12 to the northwest corner of Lot 7, Concession 12, Township of Owens; THENCE northerly in a straight line to the southwest corner of Lot 7, Concession 13, Township of Owens; THENCE northerly along the west boundary of Lot 7, Concession 13 and Lot 7, Concession 14 to the northwest corner of Lot 7, Concession 14, Township of Owens; THENCE northerly in a straight line to the southwest corner of Lot 7, Concession 15, Township of Owens; THENCE northerly along the west boundary of Lot 7, Concession 15 and Lot 7, Concession 16 to the northwest corner of Lot 7, Concession 16, Township of Owens; THENCE easterly along the north boundary of Lot 7, Concession 16, Township of Owens to the northeast corner thereof; THENCE easterly in a straight line to the northwest corner of Lot 5, Concession 16, Township of Owens; THENCE northerly in a straight line to the southwest corner of Lot 5, Concession 17, Township of Owens; THENCE northerly along the west boundary of Lot 5, Concession 17 and the west boundary of Lot 5, Concession 18 to the northwest corner of Lot 5, Concession 18, Township of Owens; THENCE easterly along the north boundary of Lot 5, Concession 18, Township of Owens to its intersection with the southwesterly Limit of Approach Surface 17 being a straight line bearing 148°51′05″ from the northwesterly corner of said approach surface, the co-ordinates of which are North 5 487 768.612, East 385 064.580; THENCE northwesterly along said southwesterly Limit of Approach Surface, being a straight line bearing 328°51′05″ to its intersection with the south boundary of Lot 5, Concession 1, Township of Williamson; THENCE continuing northwesterly along said Limit of Approach Surface, being a straight line bearing 328°51′05″ to the northwesterly corner thereof, the co-ordinates of which are North 5 487 768.612, East 385 064.580;

Current to June 20, 2022

Kapuskasing Airport Zoning Regulations SCHEDULE

THENCE northeasterly in a straight line along the northwesterly Limit of Approach Surface 17 to the northeasterly corner thereof, the co-ordinates of which are North 5 489 614.106, East 389 494.221; THENCE southerly along the easterly Limit of Approach Surface 17 being a straight line bearing 165°54′47″ to its intersection with the south boundary of Lot 2, Concession 1, Township of Williamson; THENCE continuing southerly along the said Limit of Approach Surface, being a straight line bearing 165°54′47″ to its intersection with the north boundary of Lot 2, Concession 18, Township of Owens; THENCE easterly along the north boundary of Lots 2 and 1, Concession 18, Township of Owens to the northeast corner of Lot 1, Concession 18, Township of Owens; THENCE northeasterly in a straight line to the point of commencement, being the northwest corner of Lot 29, Concession 18, Township of O’Brien.

Current to June 20, 2022

