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| Appointment
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90. (1) The board must appoint an auditor
for the airport authority to hold office for a
renewable term of one year.
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| Qualifications
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(2) The auditor must be
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(i) is a member in good standing of an
institute or association of accountants
incorporated by or under an Act of the
legislature of a province,
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(ii) has at least five years experience at a
senior level in carrying out audits,
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(iii) is a Canadian citizen or a permanent
resident within the meaning of the
Immigration and Refugee Protection Act,
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(iv) is not related to the airport authority
or any subsidiary or to any directors or
officers of the authority or subsidiary,
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(v) is not subject to any influence,
interest or relationship that may impair,
or be perceived to impair, the
independence or objectivity of the
auditor in carrying out the audit,
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(vi) meets the standards for
independence of auditors established by
law and by the Canadian Institute of
Chartered Accountants,
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(vii) is not the internal auditor of the
airport authority, and
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(viii) does not provide accounting
services to the authority; or
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(b) a firm of accountants
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(i) that meets the requirements of
subparagraphs (a)(v) to (viii),
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(ii) that has jointly designated, with the
authority, a person who meets the
requirements of paragraph (a), to
conduct the audit of the books and
records of the authority, and
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(iii) that has disclosed, before becoming
the auditor, whether any partner,
associate or employee of the firm who
provides similar services does not meet
the requirements of subparagraphs
(a)(iv) to (viii).
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| Maximum
term
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(3) An individual may not hold office as
auditor for more than five consecutive years
after the transfer date. A firm of accountants
may not hold the office for more than 10
consecutive years after that date, and a person
designated under subparagraph (2)(b)(ii) may
not hold the office for more than five of those
10 years.
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| Transitional
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(4) A firm of accountants that, on the
coming into force of this section, has held
office as auditor for 10 consecutive years or
more may continue to hold office until the end
of the second calendar year after that coming
into force.
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| Waiting
period
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(5) An individual may not be reappointed as
auditor until the expiry of three years after the
day on which the individual ceased to hold
office. A firm of accountants may not be
reappointed until the expiry of five years after
ceasing to hold office.
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| Vacancy
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(6) The board must immediately fill a
vacancy in the office of auditor.
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| Adoption
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91. Every airport authority must adopt in its
by-laws rules governing the conduct of its
directors and officers, including conflict of
interest rules.
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| Conflict of
interest rules
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92. The conflict of interest rules must
provide that directors and officers not allow
their personal interests or the personal
interests of a related person to conflict with or
give rise to the appearance of a conflict with
the interests of the airport authority. The rules
must also set out the procedures to be followed
to avoid or resolve a conflict or the appearance
of a conflict.
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| Disclosure of
interest
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93. (1) A director or an officer of an airport
authority must disclose to the authority, in
writing or by requesting to have it entered in
the minutes of a meeting of the board or of a
committee of the board, the nature and extent
of any interest that they have in a transaction,
whether made or proposed, with the authority.
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| By-laws
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(2) The airport authority must adopt
by-laws respecting the disclosure of interests
and transactions by directors and officers,
including the time and manner of disclosure,
prohibiting voting by a director who is in a
conflict of interest and respecting the
consequences of disclosure or non-disclosure.
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| Gifts
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94. (1) The conflict of interest rules must
prohibit directors and officers of an airport
authority and related persons from accepting
cash, the equivalent of cash or a gift from any
person having or attempting to develop a
relationship with the authority or from
offering cash, the equivalent of cash or a gift
to any such person.
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| Exception
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(2) This section does not apply to a gift that
is not of sufficient value to be construed as
improper and the acceptance of which is in
accordance with customary business practice.
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| Meaning of
``gift''
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(3) A gift includes any good, service,
benefit, hospitality or promise of a favour.
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| Declaration
while in office
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95. (1) Within the first 30 days after the
adoption of the conflict of interest rules, the
directors and officers must provide a written
declaration to the board acknowledging that
they have read the rules and that, to the best of
their knowledge, they are in compliance with
them.
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| Declaration
before taking
office
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(2) Any individual must, before taking
office as a director or officer, provide a written
declaration to the board acknowledging that
they have read the conflict of interest rules and
that, to the best of their knowledge, they are in
compliance with them.
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| Annual
declaration
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(3) Within the first 30 days after the
beginning of each fiscal year, all the directors
and officers must provide a written
declaration to the board acknowledging that
they have read the conflict of interest rules and
that, to the best of their knowledge, they are in
compliance with them.
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| Contracts over
$100,000
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96. (1) An airport authority must disclose
any contracts involving expenditures in
excess of $100,000 that were not awarded
under a public bid solicitation process, the
name of the contracting party, the purpose and
value of the contract and the reasons why a
public bid solicitation process was not
followed.
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| Prohibition
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(2) An airport authority must not engage in
contract splitting to avoid the application of
subsection (1).
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| Governor in
Council
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(3) The Governor in Council may, by order,
prescribe a higher limit for the purposes of
subsection (1).
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Meetings with Air Carriers
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| Air carriers
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97. (1) Every airport authority must invite
the air carriers operating on the airport to meet
with the authority at least once a year. Each air
carrier may be represented by a maximum of
three directors and officers, and the airport
authority must be represented by its chief
executive officer, one other officer and the
chairperson or, in the event that the
chairperson cannot attend, a director.
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| Purpose of
meetings
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(2) The meetings are a forum for directors
and officers of the airport authority and of air
carriers to discuss strategic issues related to
the airport.
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Meetings with the Community
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| Consultative
mechanisms
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98. The by-laws of the airport authority
must provide for mechanisms for the authority
to consult its community, which includes
passengers, persons living or carrying on
business near the airport and persons, other
than air carriers, having a business
relationship with the authority.
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| Purpose of
forum
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99. The mechanisms under section 98 must
include a discussion forum where, at least two
times a year, members of the community may
discuss matters related to the airport with the
chief executive officer and at least one other
officer of the airport authority and receive
information regarding planning and
operational matters, including information on
capital expenditures, any proposed revisions
to fees and any matter related to the protection
of the environment or noise emanating from
the airport and the use of aircraft that land on
or take off from the airport.
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| Application
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100. This Part applies to all airport
authorities. It applies only in respect of an
airport leased to an airport authority by Her
Majesty in right of Canada on the transfer
date.
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| Change of
airport name
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101. No airport authority may change the
name of any airport without the written
consent of the Minister. The Governor in
Council may, by order, direct an airport
authority to change the name of any airport.
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| Compliance
with land use
plan
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102. Every airport authority must have a
land use plan, have it approved by the Minister
and carry out its airport undertaking in
accordance with it.
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| Contents of
plan
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103. (1) The land use plan must, by means
of a drawing or detailed plan, with
accompanying text, include
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(a) a description of how airport land will be
divided into zones;
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(b) a description of the use to which each
zone will be put over the next 20 years or
more;
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(c) the development strategies for each
zone;
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(d) a development strategy to ensure that
the uses to which the zones are put are
compatible with one another;
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(e) any conditions or restrictions on
development to ensure that future airport
operations are not detrimentally affected by
it;
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(f) a description of the interim use of land in
zones reserved for the expansion of the
facilities, air terminal building or road
network referred to in paragraph (a) of the
definition ``essential activities'' in
subsection 2(1) and the terms and
conditions of its use; and
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(g) an explanation of the method for
restoring the condition of the land in those
zones so that it is suitable to be used for the
expansion.
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| Prohibition
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(2) An airport authority may use or permit
the use of land in zones reserved for the
expansion of the facilities, air terminal
building or road network referred to in
paragraph (a) of the definition ``essential
activities'' in subsection 2(1) for an interim
use only if the use would permit the land to be
restored to its original state when it is required
for the expansion.
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| Regulations
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(3) The Governor in Council may make
regulations respecting the contents, including
additional contents, of airport land use plans.
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| Proposal to
amend land
use plan
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104. (1) An airport authority may, at any
time, submit an amended land use plan to the
Minister for approval.
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| Consultation
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(2) Before submitting an amended land use
plan for approval, the airport authority must
consult with any municipalities and regional
authorities affected by the proposed
amendments, interested federal and
provincial departments, air carriers operating
on the airport and persons referred to in
section 98, as well as any other person who has
notified the authority in writing of their
interest in the airport's land use plan.
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| Other
information to
be submitted
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(3) The airport authority must submit with
the amended land use plan a summary of any
representations made during the
consultations, a resolution of its board
approving the amended land use plan and a
summary of its implications for the business
plan and the master plan.
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| Minister's
decision is
final
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(4) The Minister's decision to approve or
refuse to approve an amended land use plan is
final and may not be questioned or reviewed
in any court.
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| Deeming
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(5) If the Minister does not refuse to
approve a proposed amended land use plan
within 120 days after receiving it and all
information referred to in subsection (3), the
Minister is deemed to have approved it.
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| Land use in
the vicinity of
the airport
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105. An airport authority must consult with
the appropriate municipal, regional and
provincial authorities in respect of existing or
proposed land uses in the vicinity of its
airports to promote land uses that are
compatible with the safe operation of airports
and aircraft.
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| Master plan
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106. (1) Every airport authority must have
a master plan and must carry out its airport
undertaking in accordance with it.
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| Contents of
airport master
plan
|
(2) The airport master plan must include
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(a) a description of the anticipated
development of aviation in the community
and the types and levels of aviation activity
intended for the airport for the next 20 years
or more, including the distribution of traffic
among the airports set out in Part 1 or 2 of
Schedule 1 opposite the airport authority's
name;
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(b) an assessment of future requirements for
facilities and services on the airport,
including the ground transportation system;
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(c) a strategy to meet those requirements,
including a strategy for long-term
development of
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(i) the area of the airport used for the
landing, taking off, movement and
parking of aircraft,
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(iii) the ground transportation system,
and
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(iv) airport commercial facilities and
services;
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(d) an assessment of the economic and
financial feasibility of the strategy for
long-term development of the airport;
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(e) a description of the current state of the
environment on the airport and of the
environmental impacts of implementing
the master plan;
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(f) noise exposure forecasts, noise exposure
projections and planned noise mitigation
procedures;
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(g) priorities and an estimated timeframe
for any development proposed in the master
plan;
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(h) the financial implications of the interim
use of land in zones reserved for the
expansion of the facilities, air terminal
building or road network referred to in
paragraph (a) of the definition ``essential
activities'' in subsection 2(1) and restoring
it to the condition that it was in before the
use; and
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(i) a description of the airport's role in the
local or regional economy.
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| Regulations
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(3) The Governor in Council may make
regulations respecting the contents, including
additional contents, of airport master plans.
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| Submitting
master plan to
Minister
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(4) Every airport authority must submit its
master plan to the Minister within one year
after the coming into force of this section or,
in the case of a new airport authority, after its
name is added to Part 1 of Schedule 1.
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| Updating
master plan
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(5) The airport authority must update its
master plan and submit the updated plan to the
Minister for review
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(a) every 10 years after the transfer date;
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(b) whenever, in the opinion of the
authority, an update is necessary; and
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(c) whenever, in the opinion of the Minister,
the master plan is not consistent with the
approved land use plan.
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| Consultations
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(6) In preparing or updating its master plan,
the airport authority must consult with any
municipalities and regional authorities
affected by the plan, interested federal and
provincial departments, air carriers operating
on the airport and any persons referred to in
section 98 as well as any other person who has
notified the authority in writing of their
interest in the plan.
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| Other
information to
be submitted
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(7) The airport authority must submit with
its master plan or updated master plan a
summary of any representations made during
the consultations and a resolution of the board
approving the master plan or updated master
plan.
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| Review of
master plan
by Minister
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107. (1) The Minister may review the
master plan or updated master plan to
determine whether it is consistent with the
airport authority's approved land use plan.
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