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HomeMy WebLinkAboutMO 02-02 Ciú¡ o~ REPORT TO .COUNCIL FROM: Wayne Arthurs Mayor DATE: March 26, 2002 - REPORT NUMBER: MO 02-02 SUBJECT: Federal Lands in Pickering, Markham and Uxbridge Alternative Approach to Federal Airport Zoning / Stakeholders Consultative Process RECOMMENDATION: 1. That Council receive for information, Report to Council MO 02-02 concerning the Federal Lands in Pickering, Markham and Uxbridge. 2. That Council acknowledge that agreement could not be reached between the affected municipalities and Transport Canada as to a legally and technically acceptable way of implementing the alternative approach to federal airport zoning authorized under Section 5.81(1) of the Federal Aeronautics Act, and accordingly that the Federal Minister of Transport be advised that the City is no longer prepared to pursue the use of this alternative approach. -. 3. That the Federal Minister of Transport be advised of the City's committment to participating in a formal Stakeholders Consultative Process generally as set out in Attachment No.1 to this Report; and further that the Minister be requested to re-affinn his Dep~rtment' s intention to support and participate in such a process, generally as set out in Attachment No 1. 4. That the Councils of the other affected municipalities be requested to enact similar resolutions advising of their position with respect to the use of the alternative approach to federal airport zoning, and their participation in a fonnal Stakeholders Consultative Process with Transport Canada. 5. That a copy of this Report be forwarded to the Federal Minister of Transport, the local municipalities of Markham, Uxbridge, Whitby, Ajax, and Whitchurch-Stouffville, the regional municipalities of Durham and York, all other stakeholders involved in the process, and to Dan McTeague, M.P. Pickering-Ajax-Uxbridge, and Janet Ecker, M.P.P. Durham West. ORIGIN: Council Resolution #131/99 approving in principle the use of an alternative approach to federal airport zoning regulations as authorized by Section 5.81(1) of the Federal Aeronautics Act, and directing the Mayor, other members of Council and senior staff as may be required, to continue discussions with Transport Canada, other affected municipalities and local stakeholders concerning the details of this approach. - AUTHORITY: The Municipal Act, R.8. 0. 1990 The Federal Aeronautics Act Report to Council MO 02-02 Subject: Federal Lands in Pickering, Markham and Uxbridge Date: March 26, 2002 Page 2 FINANCIAL IMPLICATIONS: Not applicable - EXECUTIVE SUMMARY: This Report provides a status update on discussions between Transport Canada, the affected municipalities and others, with respect to two on-going matters affecting the Federal Lands in Pickering, Markham and Uxbridge: (i) implementing an alternative approach to federal airport zoning, and (ii) establishing tenns and conditions for a fonnal consultative process between Transport Canada, the affected municipalities, and other interested stakeholders. Because agreement could not be reached on how best to deal with a number of important legal and technical issues, it is recommended that Council advise the Federal Minister of Transport that it is no longer practical to pursue the alternative approach to federal airport zoning pennitted under the Federal Aeronautics Act. With respect to the consultative process, consensus has been reached on the general tenus and conditions for such a process (see Attachment No.1). It is therefore recommended that Council advise the Minister of Transport that the City is interested in participating in such a process, and that the Minister be requested to confinn his Department's willingness to support and participate in such a process. BACKGROUND: -. In July 1998, as the first step toward enacting federal airport zoning regulations, the Federal Minister of Transport initiated regulatory action to declare the Federal Lands in Pickering, Markham and Uxbridge an "airport site" under the Federal Aeronautics Act. In December of that year, Pickering Council requested that this declaration not proceed in order to allow for stakeholder consultation. Other affected municipalities passed similar resolutions. Transport Canada subsequently agreed not to declare the Pickering Lands an airport site in order to allow for stakeholder consultation. In March 1999, through the Mayor's Office, Pickering convened a Stakeholders Group meeting involving affected municipalities, Transport Canada, community groups and others. The purpose of the meeting was to identify and address areas of common interest, and to examine alternative approaches to the establishment of federal airport zoning regulations. After additional discussion, general consensus was reached on two matters: (i) To further pursue the use of an alternative approach to federal airport zoning penuitted under the Federal Aeronautics Act (under which the Minister of Transport may enter into an agreement that would authorize a local municipality to regulate the use of lands adjacent to an airport, to ensure that uses are not incompatible with the safe operation of an airport); and - (ii) To develop tenns and conditions for a fonnal and on-going consultative process between Transport Canada and the Stakeholders Group through which issues of common interest and concern can be identified, discussed and resolved where possible. Discussions continued for an extended period of time on both of these matters. With respect to the fonner, over the past few months, technical and legal representatives from Transport Canada and the affected municipalities held a series of meetings to discuss ways of implementing the alternative approach to airport zoning. Although progress was made in a number of areas, despite best efforts, certain issues that arose could not be resolved to everyone's satisfaction Report to Council MO 02-02 Subject: Federal Lands in Pickering, Markham and Uxbridge Date: March 26, 2002 Page 3 (notably issues related to jurisdiction and procedures, role of the OMB in the process, indemnification, and municipal enforcement/liability). Ultimately, it was concluded that from a legal/technical perspective, it would be more appropriate; in this instance for Transport Canada to establish federal airport zoning regulations through their nonnal procedures, than to have the affected municipalities implement airport zoning through the alternative approach pennitted under the Federal Aeronautics Act. -- With respect to the second matter, there still remains a strong desire amongst members of the Stakeholders Group to establish a fonnal, on-going con~ultative process, generally as set out in Attachment No.1 to this Report. The process would require meetings to be held at least twice a year (with an open public forum held at least once a year) in order to enable open and timely disclosure and discussion of issues related to the Federal Lands. The process would allow for the discussion of issues related to other consultative process~s (such as the GTAA interim planning process, Transport Canada's Greenspace initiative, and the enactment of federal airport zoning), but would be separate from and independent ofthese othf}r processes. It is recommended that Pickering advise the Federal Minister of Transport of the City's interest in participating in an on-going Stakeholders Consultative Process generally as set out in Attachment No.1, and that the Minister be requested to confinn his Department's interest in supporting and participating in such a process. ATTACHMENT: 1. Draft Stakeholders Consultative Process .. Submitted By: Wayne Arthurs Mayor Copy: Chief Administrative Officer Division Head, Corporate Projects & Policy - .- -. - 12 ATTACHMENT#--Í-.TD REroPT~" r.'1C C~2-c¡1 Draft Stakeholders Consultative Process I I I ,8 I I II I I , I II 81 II II II II I 81 18 II 81 II The overall purpose of the Stakeholders Consultative Process is to establish an ongoing working relationship and dialogue between Transport Canada, The Affectèd Municipalities I and others with respect to significant issues of public interest related to the Pickering Lands and the enactment of Airport Zoning By-laws. An essential element in this dialogue is the creation of a Stakeholders Committee made up of representatives from Transport Canada and The Affected Municipalities. In addition, at the invitation of Transport Canada and the Affected Municipalities, others may be asked to sit on the stakeholders group, including but not necessarily limited to the following: the Region of Durham; the Region of York; the Province of Ontario; the Greater Toronto Airports Authority; interested business and business organizations; and interested residents, community groups or ratepayer associations. Members of the Stakebolders Committee will agree to attending and participating in meetings, and to sharing information on a timely basis. Meetings will be held at least two times a year, and at least once a year the Committee will hold an open public forum, in order to advise the general public about the Stakeholders Committee discussions, and to seek public input and comment on the issues. The Committee shall establish appropriate rules of procedure. The issues for discussion would include and ~ot be limited to the following: 1. Discussion of land use practices on the Pickering Lands and adjacent properties, to consider consistency with local official plans and by-laws, and to make recommendations concerning these practices to Transport Canada and/or one or more of The Affected Municipalities. 2. Open and timely disclosure and discussion concerning any plans and alternatives for the Lands, to ensure The Affected Municipalities and others have the opportunity to . influence well in advance of any decisions. 3. Discussion ofthe processes and issues that may arise following a subsequent decision on the Lands, including the environmental assessment process; the possible transfer of the lands to the Greater Toronto Airports Authority; the type, operation and timing of an airport; and the degree of municipal influence and involvement over operating considerations that may be of concern to the community. 4. Discussion of options and plans for any lands that may be surplus to any possible future airport development. 5. Discussion of issues and concerns respecting the implementation of Airport Zoning By- laws by The Affected Municipalities pursuant to section 5.81 of the federal Aeronautics Act. From time to time, Transport Canada, The Affected Municipalities or any other members of the Stakeholders Committee, may set up independent consultative processes to investigate any of the above-mentioned issues. At this time, two such consultative processes have been identified. . Transport Canada will lead a greenspace consultative process pursuant to Transport Minister Collenette's announcement concerning the Oak Ridges Moraine and the Alternate Rouge Park Corridor portions of the Pickering Lands. . The Greater Toronto Airports Authority will l~ad. a consultative process concerning their interim planning process on the Pickering Lands. . Any member undertaking an independent consultative process that may affect the Pickering Lands shall regularly inform and invite comments from the Stakeholders Committee on matters of significance related to progress and issues, in order to obtain meaningful input and provide the opportunity to influence the decision. In addition, where possible, any member undertaking an independent consultative process shall invite and directly involve others from the Stakeholders Committee. I The Affected Municipalities are Pickering, Ajax, Whitby, Uxbridge, MarkhaÍn and Whitchurch-StoufiVille , \; \ CLERK'S DIVISION \ t:;,i¡I r jj). Ç;¡ " 1&1 Transport Canada ~ ontario Region Transports Canada Régiondel'OntR'ECEIVED " , CITY Of PICKERING /':, A PR 2 5 2002 ' t,'?';} T " - ,,':' "", ,) 4900 Yonge Street Suite 300 Toronto, Ontario M2N 6AS His Worship Wayne Arthurs Mayor, The Corporation of the City of pickering One The Esplanade ' Pickering, Ontario, Canada Ll V 6K7 ~~I~I ~o;- '5~ ';..FILE Nu.; I , . FORWARDAOPY TO' I MAYOR v .\NFO,SYSTE' , COUNCIL v - MS , CA'-.". !,.EGAl SE.RVICES ~ 1 0 ,/ ~-_.._,."""--"'--- LIBRARY , ,-LAW. .', r'.'UN PR - CORP c;'-R ..,:--,...¡.......,.-" , OP.&ENG. , . ,"'c .yg'§'L. ¡. OPERATIO"S --- tA',-.,-,,- r-I- '" ....... l't':~';~£Cr PeANNING.O," .... ' Your Worship: :~~~~~:;f'~:~RV ~ R e: Fed el'1!lli ckeIi!!&kaD lis - Ai..!:J!!!!iZonin2 Re21l1a 'i;;;;;-~""'- -- - - -- - Apri119,2002 The purpose of this Jetter is to update you on recent events concerning the protection of federal lands in Pickering, Markban1, and Uxbridge, and to advise yon that Transport Canada will be proceeding with the enactment of federal airport zoning regulations (AZR). As you know, the Minister of Transport declared the federal Pickering Lands an "airport site" on August I, 2001, The declaration is a prerequisite under the Aeronautics Act before impiementing airport zoning which woold protect the site ftom incompatible land- use practices on surrOWlding lands. .Airport zoning protection is provided either through federal AZR or through a new Alternate By.law Process, rei¡Wring municipalities to enter into agreements with Transport Canada and to pass municipal allport zoning by-laws. For a number of years Transport Canada has been working with the pickering Stakeholders Committee to investigate the Alternate By-law Process. On December 4, 200 I, the T ecbnic!Ù Subcommittee met and concluded that the outstanding issues could not be resolved in the short term (if at all) and recommended wplementing the full extent of federal AZRs. Before Transport Canada proceeded with the AZR it was recommended that the Subcommittee report its conclusions to you for inclusion in an update letter to the Pickering Stakeholders Committee, It was also SUggested that, for applicable municipalities, it would be appropriate to pass resolutions on or about January 31, 2002, to bring closure to the issue. . - . . . /2 C dl+. ana a - -2- - Subsequently, in your letter dated December 19,2001, to all Pickering Stakeholders, you confirmed that despite the efforts of all concerned, it was not possible to reach consensus on a number of important legal and technical questions concerning the Alternate By-law Process for airport zoning. You suggested that it would be appropriate for each municipality to pass a resolution stating that it was no longer in a position to proceed with the alternative approach to AZR. While the passing of municipal resolutions would add to the consensus for federal AZR, it is not a prerequisite for the federal process. As I stated at the last Pickering Stakeholders meeting it was the intention of Transport Canada to move forward with the federal protectiòn if agreement in principle on the by-laws was not completed by December 31, 2001. Our requirement under the Aeronautics Act is to formally consult with the municipalities and the general public on the proposed AZR. While the Aeronautics Acts' reference to consultation relates solely to the implementation of the AZR, Transport Canada remains committed to participation in the Pickering Stakeholders Committee and the on-going development of the Stakeholders Consultative Process. The AZR provide protection of the Pickering Lands and preserve future options; they do not indicate that any decisions have been made to build an airport, or the size, timing, or use of the airport if an airport is built. As you know these issues are being studied by the GT AA and the Pickering Advisory Council. - Shortly we will send a copy of the draft Pickering AZR to the Planning Departments of the municipalities affected by the proposed regulation. They will be invited along with other members of the Pickering Stakeholders sub-committee to attend an AZR briefing where representatives from Transport Canada and Public Works & Government Services Canada will explain the proposed AZR and the federal process for their implementation. Any questions about the AZR or the upcoming briefmg may be directed to Ms. Debra Taylor at (416) 952-0162 or Mr. David Bayliss at (416) 952-0248. The City of Pickering continues to be a strong presence in our initiatives concerning the federal Pickering Lands and I thank you for your continuing cooperation and support and the Department looks forward to working closely with you in the future on this important and necessary process. .../3 - -3- - your,y, . \~~ André Morency - Regional Director General cc: T. Melymuk M. Brunelle D. Cousens W. Emmerson D. Moffatt G. O'Connor S. Parish M. Cooke A. Wells Division Head, City of Pickering Mayor, Town of Whitby Mayor, Town of Markham Mayor, Town of Whitchurch-Stouffville Mayor, Scugog Township Mayor, Town ofUxbridge Mayor, Town of Ajax Region of Durham Region of York - - ADMINISTRATION DEPARTMENT CLERK'S DIVISION MEMORANDUM May 2, 2001 - To: Mayor Arthurs and . Members of Council From: Bruce Taylor City Clerk Subject: Federal Lands in Pickering, Markham and Uxbridge Alternative Approach to Federal Airport Zoning / Stakeholders Consultative Process Members of Council will recall that at the Council Meeting of April 2, 2002, Resolution #62/02 which reflectèd the recommendations set out in Mayor's Report MO 02-02 regarding an alternative approach to the Federal Airport Zoning I Stakeholders Consultative Process was tabled. -. I understand that Councillor Pickles will be moving a motion to lift this Resolution ITom the table. I have attached for your information a copy of Mayor's Report MO 02-02 and a copy of the letter dated April 19, 2002 from Andre Morency, Regional Director General, Transport Canada, regarding Airport Zoning Regulations. Please note that there is a minor wording change in Recommendation #3 of the attached Report. The wording of Clause #3 in Resolution #62/02 is as follows: 3. That the Federal Minister of Transport be advised of the City's interest in participating in a formal Stakeholders Consultative Process generally as set out in Attachment No.1 to this Report; and further that the Minister be requested to confirm his Department's intention to support and participate in such a process; and Attachment Copy: Chief Administrative Officer Director, Planning & Development Division Head, Corporate Projects & Policy &TaYIO~ -.