e-3003 (Transportation)

The Government of Canada has exclusive jurisdiction over aeronautics and has established a legal framework through the Aeronautics Act. This means that only the Government of Canada can directly regulate matters related to aeronautics.

The Aeronautics Act establishes a legal framework for the regulation and supervision of all matters connected to aeronautics including the location, design, certification, registration, licensing and operation of aerodromes and airports, whether they are located on public lands (federal, provincial, or municipal) or privately owned lands.An otherwise valid provincial or municipal law of general application affecting an airport could be a valid exercise of provincial/municipal jurisdiction, provided that it is not concerned with aeronautics. However, such a law cannot be applied in a manner where it would “impair the core” of the federal power. For example, because the location of airports is an essential part of the federal aeronautics power, municipal laws cannot apply in a way that would restrict where airports can be built.

Where there is a conflict between an otherwise valid provincial or municipal law and federal one, the federal law will prevail to the extent of the conflict. A conflict occurs if it is impossible to comply with both federal and provincial laws at once, for example where a province forbids something required by a federal law. A conflict will also be found to exist if the operation of the provincial law would frustrate the purpose of the federal law.

In the case of the St. Andrews’ Airport, the runway in question is closed for aviation purposes and is marked as such. It is not uncommon for airport operators to lease their land for non-aviation-related purposes. The issue regarding racing at the airport is not an aviation activity that falls to the Minister of Transport to administer. As such, provided the racing activities are not being conducted in a manner that negatively impacts aviation safety or security, it could coexist with the aeronautical activities at the airport.

Transport Canada developed Land Use Planning in the Vicinity of Aerodromes (TP 1247) to assist planners and legislators at all levels of government in becoming familiar with issues related to land use in the vicinity of aerodromes, which can be found at: https://tc.canada.ca/en/aviation/publications/aviation-land-use-vicinity-aerodromes-tp-1247. .