Vol. 147, No. 22 — October 23, 2013
SOR/2013-183 October 9, 2013
GOVERNMENT PROPERTY TRAFFIC ACT
Regulations Amending the Traffic on the Land Side of Airports Regulations
P.C. 2013-1071 October 9, 2013
His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, makes the annexed Regulations Amending the Traffic on the Land Side of Airports Regulations pursuant to
- (a) section 4.9 (see footnote a) of the Aeronautics Act (see footnote b); and
- (b) section 2 (see footnote c) of the Government Property Traffic Act (see footnote d).
REGULATIONS AMENDING THE TRAFFIC ON THE LAND SIDE OF AIRPORTS REGULATIONS
1. The heading before section 19 and sections 19 and 20 of the Traffic on the Land Side of Airports Regulations (see footnote 1) are repealed.
2. (1) Paragraph 23(1)(d) of the Regulations is replaced by the following:
- (d) $50 in the case of a contravention of section 13, subsection 16(1) or section 17 or 18;
(2) Paragraph 23(1)(h) of the Regulations is replaced by the following:
- (h) $75 in the case of a contravention of subsection 7(1) or 8(1); and
COMING INTO FORCE
3. These Regulations come into force on the day on which they are registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
The Traffic on the Land Side of Airports Regulations (TLSARs) were introduced in 2006, to reflect changes in the operation of federally owned airports, and in particular, the leasing of some of those airports to local airport authorities. The TLSARs were intended to regulate the movement of vehicles, pedestrians, wheelchairs and other similar devices; the parking of vehicles; littering; and the control of animals on the land side of airports owned by the federal government. The land side (also referred to as the ground side) is the area of an airport not intended to be used for activities related to aircraft operations (e.g. roads, parking areas, sidewalks).
Section 2 of the Government Property Traffic Act (GPTA) authorizes the Governor in Council to make regulations prescribing fines or imposing terms of imprisonment for contraventions of regulations. Section 22 of the TLSARs, made under section 2 of the GPTA, prescribes fines and imposes terms of imprisonment for contraventions of all the provisions of the TLSARs. The Standing Joint Committee for the Scrutiny of Regulations (SJCSR), empowered by section 19 of the Statutory Instruments Act to review and scrutinize regulations, is of the opinion that section 22 of the TLSARs should not apply in respect of any provisions of the TLSARs that were made under the Aeronautics Act.
It is the position of the Department of Transport that the concerns of the SJCSR can be addressed by repealing sections 19 and 20 of the TLSARs. Section 19 states, inter alia, that a person shall not permit an animal to be at large without the permission of an airport operator, and section 20 is a prohibition against littering. With the repeal of these provisions, there should be no ambiguity with respect to the scope of section 22 of the TLSARs.
The amendment repeals sections 19 and 20 of the TLSARs and the references to those sections in paragraphs 23(1)(d) and 23(1)(h) of the TLSARs.
The regulatory action consists of removing sections 19 and 20 from the TLSARs. The impact of the repeal of these sections is mitigated by the presence of other enforcement mechanisms. For instance, the prohibition in section 19 (animals) of the TLSARs is no longer required as a similar prohibition exists under paragraph 302.10(i) of the Canadian Aviation Regulations, which states that no person “shall allow a bird or other animal that is owned by the person or that is in the person’s custody or control to be unrestrained within the boundaries of an airport. . . .” With respect to section 20, discussions with airport operators indicate that littering infractions can be dealt with a combination of security patrols and the use of trespassing laws.
The “One-for-One” Rule does not apply to this amendment, as there is no change in administrative costs to business.
Small business lens
The small business lens does not apply to this amendment, as there are no costs on small business.
Consultations were not required for these amendments.
The regulatory option is the most efficient approach to correcting the problem. It will have no impact on other areas or sectors. The only cost is the administrative cost of the regulatory action.
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