I must be bored

[J.O.]

I was perusing the CARs today when I came across this:

Part I - General Provisions

Canadian Aviation Regulations 2010-1

Subpart 5 - Aerial Sightseeing Flights

105.01

(1) In this section, "aerial sightseeing flight" means a flight carried out as part of a sightseeing operation or any other commercial flight in an aircraft conducted for the purpose of sightseeing from the air.

(2) No person shall conduct an aerial sightseeing flight, or any portion of an aerial sightseeing flight, in the control zone of the Québec/Jean Lesage International Airport unless the flight commences at that airport.

This is not a slam against Quebec City Airport and I'd ask that we avoid any E vs F mudslinging. I was just curious if anyone would know the background on paragraph (2), as no similar regulation exists for any other place in Canada. Did something take place to bring this about?

[CD]

Apparently so... Here is the RIAS that contains the explanation for this unique restriction:

REGULATORY IMPACT ANALYSIS STATEMENT - Canada Gazette, Part II (January 21, 1998)

General

The proposed Regulations Amending the Canadian Aviation Regulations (Part I) will prohibit commercial aerial sightseeing flights within the Québec/Jean-Lesage International Airport control zone, including those flights originating from the Lac St-Augustin, Québec aerodrome, as of January 1, 1998. The proposed regulations will not affect commercial aerial sightseeing flights originating from the Québec/Jean-Lesage International Airport. As well, private aircraft will continue to be able to operate from anywhere within the control zone including from the Lac St-Augustin, Québec aerodrome. The use of the generic term "aircraft" will also exclude operations conducted with helicopters or balloons. The regulation reflects the Minister's desire to have increased oversight of sightseeing flights within the Québec/Jean-Lesage International Airport control zone. Where the Minister is satisfied that a proposed operation is in the public interest such an operation may be granted an exemption from the application of this regulation. These regulations are a new initiative and were not part of the 1997 Federal Regulatory Plan.

Specific

The proposed restriction will apply to the area within a 13 km radius from the Québec/Jean-Lesage International Airport, with an extension of up to 18 km in the Lévis area, thus including the majority of the urban Québec City area.

The regulations are intended to prevent frequent low level flights for aerial sightseeing purposes over the built-up area within the Québec/Jean-Lesage International Airport control zone and to stop commercial passenger-carrying aerial sightseeing flights from using the Lac St-Augustin, Québec aerodrome for either take-offs or landings. The prohibition of low level commercial aerial sightseeing flights within the entire Québec/Jean-Lesage International Airport control zone is intended to ensure that such operations do not relocate to another nearby lake and recommence sightseeing operations from that location.

At present, a "sightseeing operation" is defined in the Canadian Aviation Regulations as "aerial work in the course of which passengers are disembarked at the point of departure". A new definition of "aerial sightseeing flight" has been included in the new regulations.

Alternatives

The making of these regulations is the result of a process that has lasted five years. After long and exhaustive negotiations, no other viable alternative to these regulations has been found.

Since the late sixties and, increasingly, in recent years, Transport Canada has received numerous complaints from citizens about the noise of floatplanes flying over several towns and cities in the Québec City area.

Since 1993, Transport Canada has made every possible effort to bring about a negotiated settlement between the municipalities and the air operators. At many meetings held at Lévis and Saint-Augustin-de-Desmaures, among other places, several mayors from the communities affected firmly reiterated to Transport Canada their wish to put an end to floatplane activities from the Lac St-Augustin, Québec aerodrome. These efforts to achieve a negotiated agreement between the air operators and the municipalities have been consistently unsuccessful.

In the spring of 1994, Transport Canada amended the air regulations to allow the publication of noise restrictions at the Lac St-Augustin, Québec aerodrome. Introduced after much consultation and negotiation, these regulations allowed Transport Canada to publish procedures and restrictions to be followed by Lac St-Augustin floatplanes. These noise abatement measures underwent minor adjustments in 1995. In addition, the Department has invested considerable resources over recent years in maintaining very rigourous monitoring of these procedures and restrictions, which are among the strictest in Canada. These noise abatement measures were found, by the municipalities concerned, to be unsatisfactory. The two air operators concerned, who had agreed to the implementation of the existing noise abatement measures, have rejected the possibility of additional measures.

On July 26, 1996 a letter co-signed by 25 Québec City-area mayors was sent to the Minister of Transport proposing withdrawal of the Lac St-Augustin, Québec water aerodrome certificate by the year 2000. Following this request, Transport Canada undertook a thorough review of its position on this matter. The resulting proposal, as embodied in the proposed regulations, is a unique intervention. It takes into consideration public interest in the field of aircraft noise management and comes as a result of the unprecedented support achieved and expressed on this issue by the 25 Québec City area mayors who are the elected representatives of over 600,000 residents.

A range of other actions to alleviate the disturbance experienced by residents, including actions with respect to various aviation documents, has been carefully considered. For example, the withdrawal of the aerodrome certificate on the basis of public interest was considered and was rejected. Since the Lac St-Augustin aerodrome is situated within the built-up area of Québec City, such a measure would also prohibit the operations of the many private floatplanes based at Lac St-Augustin. In addition, the withdrawal of the aerodrome certificate for Lac St-Augustin would not deter commercial operators from relocating to another water aerodrome in the area and resuming operations from the new location over the same or a similar flight track, leaving part of the problem untouched. Possible removal of the Lac St-Augustin aerodrome from the operators' air operators certificates was also considered but rejected as such action would not prevent the sightseeing operations. An information document, "Lac Saint-Augustin: Transport Canada's Intervention to Solve the Noise Problem", which presents, in detail, the analysis of alternative interventions, is available from Transport Canada Safety and Security, Civil Aviation, Chief, Regulatory Affairs, upon request.

In August 1997, a special meeting of the Canadian Aviation Regulation Advisory Council (CARAC) General Operating and Flight Rules Technical Committee was held to consider the implications for the civil aviation industry of the proposed regulatory response to the Lac St-Augustin, Québec aerodrome concerns. After thorough discussion, the participants agreed on a resolution initiated by the representative of the Association québécoise des transporteurs aériens (AQTA) which would offer the Minister an alternative way of achieving the desired noise reduction. The resolution suggests formation of a working group to develop noise control requirements pursuant to CAR 602.105 for commercial sightseeing flights operating from the Lac St-Augustin, Québec aerodrome. Such a working group would be based on the principles that closing an airport or severely limiting its operation is an undesirable option for the aviation community and that these requirements should provide residents of Québec City and Lac St-Augustin the same level of regulatory benefits under the provisions of CARs 602.105 and 602.106 as are offered to other Canadians. Similarly, the CARAC working group would deal, on an ad hoc basis, with other noise control concerns in other locations. It would ensure equality of regulatory treatment across Canadian jurisdictions.

Because of the federal commitment of January 1997 and the entrenched positions of the parties to the dispute at the Lac St-Augustin, Québec aerodrome, Transport Canada is unable to implement the suggestions contained in the resolution from the August meeting. However, this proposal should remain a unique regulatory response to exceptional circumstances. In future, Transport Canada is committed to developing a process based on the resolution from the August 1997, General Operating and Flight Rules Technical Committee meeting to resolve similar issues.