Aeronautics Act — A-2 5.4
Definitions 5.4 (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