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Bill C-27

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Directions

(2) If the Minister determines that the master plan or updated master plan is not consistent with the approved land use plan, the Minister may identify any inconsistencies and direct the airport authority to eliminate them.

Deeming

(3) The Minister may not issue a direction under subsection (2) after the expiry of 120 days after receiving the master plan or updated master plan and the documents referred to in subsection 106(7).

Environment

Environmenta l management plan

108. (1) Every airport authority must, after consulting air carriers and tenants on the airport, adopt an environmental management plan for the airport 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.

Information required by Minister

(2) The airport authority must, without delay, submit to the Minister a copy of its environmental management plan and any related information or documents that the Minister may require.

Update

(3) The airport authority must update its environmental management plan every three years after its adoption and submit the updated plan to the Minister.

Contents of plan

(4) The environmental management plan must contain a description of environmental management on the airport, including the management of

    (a) air quality;

    (b) water quality;

    (c) hazardous materials;

    (d) the storage and handling of all petroleum products and allied petroleum products;

    (e) spills or releases of substances referred to in subsection 110(1);

    (f) contaminated sites;

    (g) hazardous waste;

    (h) environmental emergencies;

    (i) noise; and

    (j) wildlife.

Regulations

(5) The Governor in Council may make regulations respecting the contents, including additional contents, of the environmental management plan.

Compliance with environmental guidelines

109. (1) Every airport authority must ensure that storage tanks installed on the airport after the coming into force of this section meet the standards set out in the Technical Guidelines for Above Ground Storage Tank Systems Containing Petroleum Products and the Technical Guidelines for Underground Storage Tank Systems Containing Petroleum Products and Allied Petroleum Products, as amended or replaced from time to time, and established in accordance with section 208 of the Canadian Environmental Protection Act, 1999.

Certificate

(2) The airport authority must send the Minister a certificate from an independent, qualified person, in respect of every storage tank installed, certifying that the authority has met its obligations under subsection (1).

Notice of spill or release of hazardous material

110. (1) Every airport authority must, without delay, give written notice to the Minister of a spill or release of a substance into the environment, in a quantity or concentration or under conditions that

    (a) have or may have an immediate or long-term harmful effect on the environment or its biological diversity;

    (b) constitute or may constitute a danger to an environment on which life depends; or

    (c) constitute or may constitute a danger to human life or health.

Notice to Minister

(2) The airport authority must also give notice to the Minister of the measures it is taking to stop the spill or release of the substance and to mitigate damage to the environment.

Presumption

(3) The normal operation of aircraft or motor vehicles on the airport does not, in itself, constitute the release of a substance referred to in subsection (1).

Record of spill or release

(4) The airport authority must keep a record of the spill or release, the clean-up or remedial work performed and any follow-up or monitoring undertaken. A copy of the record must be sent to the Minister on request.

Regulations

111. The Governor in Council may, by regulation, take any measures that are necessary to ensure that the condition of any airport does not endanger the environment.

Construction and Fire Prevention Standards

Construction standards

112. (1) Every airport authority must ensure that all buildings on the airport are constructed in compliance with the standards set out in the National Building Code of Canada 1995 and the National Fire Code of Canada 1995 published by the National Research Council of Canada, or with the building standards and fire prevention and fire suppression standards of the local authority that has jurisdiction in respect of those standards, as those codes or standards are amended from time to time.

Construction projects or alterations

(2) An airport authority must provide to the Minister on request, in relation to every building constructed on the airport, a certificate from an independent, qualified person certifying that the construction meets the standards referred to in subsection (1).

Buildings constructed before transfer date

(3) This section does not apply to a building on the airport constructed before the transfer date unless the building is renovated after that date to a degree that would require a building permit if it were not on federal land.

Fire prevention and suppression standards

113. (1) Every airport authority must ensure that all buildings on the airport are operated in accordance with the fire prevention and fire suppression standards in the National Fire Code of Canada 1995, as amended from time to time, except to the extent that another standard is agreed to under subsection (2).

Application of local standards

(2) If an airport authority enters into an agreement respecting fire prevention and fire suppression standards with the local authority that has jurisdiction in respect of those standards, the airport authority must ensure that all buildings on the airport are, after the date of the agreement, operated in accordance with the standards specified in it.

Certificate of compliance

(3) The airport authority must submit to the Minister within three years after the coming into force of this section, and every three years after that, a certificate certifying that all buildings on the airport are operated in accordance with the standards referred to in subsection (1) or (2), as the case may be, issued in respect of

    (a) the standards in the National Fire Code of Canada 1995, by an independent, qualified person; or

    (b) the local standards, by an inspector authorized by the local authority that has jurisdiction in respect of those standards.

Acquiring Land

Acquiring interest in land or right relating to an immovable

114. (1) If an airport authority acquires an interest in land, or in the province of Quebec a right relating to an immovable, required for the operation or expansion of a facility, air terminal building or road network referred to in paragraph (a) of the definition ``essential activities'' in subsection 2(1), the airport authority must acquire it in its own name or, with the Minister's approval, in the name of Her Majesty in right of Canada.

Transfer to Her Majesty

(2) The Minister may require the airport authority to transfer the interest in land or the right relating to an immovable to Her Majesty in right of Canada, on such terms as the Minister may specify, for a nominal amount free of all charges or security, including mortgages or hypothecs, liens or other encumbrances, priorities, rights of retention, claims or other restrictions against the land.

Prohibition

(3) The airport authority may not transfer the interest in land or the right relating to an immovable to any person without the Minister's approval.

Costs of transfer

(4) The airport authority must reimburse Her Majesty in right of Canada for any costs and expenses incurred in effecting the transfer to Her Majesty.

Assessment

(5) The airport authority must have an assessment of the condition of the land and improvements on it, or of the immovable, including its environmental condition, carried out by an independent, qualified person before acquiring the interest or right.

Remedial work

(6) If the airport authority acquires the interest in land or the right relating to the immovable, it must undertake and pay for any remedial work identified in the assessment.

Copy of assessment to Minister

(7) The airport authority must send a copy of the assessment to the Minister before the authority acquires the interest in land or right relating to the immovable.

Indemnificati on

(8) The airport authority must indemnify Her Majesty for any remedial work undertaken by Her Majesty on the land and improvements or the immovable after the transfer, whether or not it was identified in the assessment.

Expropriation

115. (1) The Minister may, on request of an airport authority, request the appropriate minister in relation to Part I of the Expropriation Act to expropriate an interest in land, or in the province of Quebec a right relating to an immovable, if

    (a) the airport authority has unsuccessfully attempted to acquire the interest in land or the right relating to the immovable; and

    (b) the Minister is of the opinion that an expropriation is required for the construction of the facilities, air terminal building or road network referred to in subparagraph (a)(i) to (v) of the definition ``essential activities'' in subsection 2(1).

Interpretation

(2) For the purposes of the Expropriation Act, if the appropriate minister referred to in subsection (1) is of the opinion that the interest in land or right relating to the immovable is required for a purpose referred to in that subsection

    (a) the interest or right is deemed to be, in the opinion of that minister, required for a public work or other public purpose; and

    (b) the airport authority is liable to pay any amounts required to be paid under that Act in respect of the land or immovable.

Liability to Crown

(3) Compensation, interest and costs resulting from the expropriation and the expenses incurred in carrying out any function of the Attorney General of Canada under the Expropriation Act in relation to any interest in land or right relating to an immovable referred to in subsection (2) constitute a debt due to Her Majesty in right of Canada payable by the airport authority and recoverable in a court of competent jurisdiction.

Security

(4) The Minister may require the airport authority to provide security, in an amount determined by the Minister and subject to any terms and conditions that the Minister may specify, for the payment of any amount that is or may become payable under this section.

Indemnity

(5) The airport authority must indemnify Her Majesty in right of Canada in respect of all claims and costs resulting from the expropriation or the transfer of the interest in land or right relating to the immovable to Her Majesty in right of Canada or from the fact that Her Majesty owns the interest or right.

Other Obligations

Canadian flags and signs

116. (1) Every airport authority must

    (a) display the national flag of Canada prominently at every air terminal building and at other places on the airport to which the public has access; and

    (b) erect signs in prominent places at the entrance to the airport and to every air terminal building, proclaiming that the airport is owned by the Government of Canada.

Regulations

(2) The Governor in Council may make regulations prescribing the locations of, dimensions of, and manner of displaying and erecting signs and displaying flags at their airport, and prescribing the contents of the signs.

Application of Official Languages Act

117. (1) Parts IV, V, VI, VIII, IX and X of the Official Languages Act apply, with any modifications that the circumstances require, to airport authorities in relation to an airport as if

    (a) the authority were a federal institution; and

    (b) the airport were an office or facility of that institution, other than its head or central office.

Construction

(2) Nothing in subsection 23(2) of the Official Languages Act may be construed or applied so as to impose a duty on any institution other than an airport authority.

Expiry of lease

118. The Governor in Council may, by order, take any measures that are necessary for the transfer of property and the carrying out of airport operations on the termination or expiry of a lease entered into between an airport authority and Her Majesty in right of Canada on the transfer date.

PART 5

DISCLOSURE AND ACCOUNTABILITY

Application

Application

119. (1) This Part applies to all airport authorities.

Application to Territories

(2) Subject to sections 121 and 122, this Part does not apply to airport operators referred to in paragraph (b) of the definition ``airport operator'' in subsection 2(1).

Application to other airport operators

(3) Sections 120, 122 and 123, subsections 124(6) to (11), section 126, subsections 128(1) and 129(1), paragraphs 129(2)(a), (d), (e), (m), (o), (p) and (r), section 130, subsection 134(1), paragraphs 134(2)(c) to (e), (h), (l) and (o) to (q) and sections 136 and 137 apply to airport operators referred to in paragraphs (c) and (d) of the definition ``airport operator'' in subsection 2(1) as if the airport operator were an airport authority.

Operator's duty to prepare financial statements

120. (1) Each airport operator referred to in subsection 119(3) must prepare financial statements in respect of its airports annually, in accordance with Canadian generally accepted accounting principles, and ensure that they are audited.

Operator's annual report

(2) The annual report of an operator referred to in subsection (1) must contain

    (a) a summary of consultations with air carriers and the community; and

    (b) a list of other documents respecting the airport that are available to the public and the places where they may be obtained.

Territorial airport operators

121. Airport operators referred to in paragraph (b) of the definition ``airport operator'' in subsection 2(1) must prepare an annual report including

    (a) a narrative summary of, and a statistical report relating to, the activities of air carriers operating on the airport;

    (b) a statement of revenues and expenses directly related to operation of the airport;

    (c) a summary of capital expenditures;

    (d) a summary of initiatives proposed for the next five years, including approved capital projects;

    (e) the revenues from a passenger fee, its purpose and amounts expended for that purpose;

    (f) a list of grants, contributions and subsidies received by the airport operator in respect of the airport and the purpose for which they were given;

    (g) a summary of consultations with air carriers and the community; and

    (h) a list of documents respecting the airport that are available to the public and the places where they may be obtained.

Annual meeting

122. Every airport operator referred to in paragraphs (b) to (d) of the definition ``airport operator'' in subsection 2(1) must hold an annual meeting to which the public is invited, respecting the carrying out of its airport undertaking. The operator must present its annual report at the meeting and give members of the public an opportunity to express their views and to ask questions.

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