Casual legal: Municipal regulation of aeronautics

DISCLAIMER: This article is meant to provide information only and is not intended to provide legal advice. You should seek the advice of legal counsel to address your specific set of circumstances. Although every effort has been made to provide current and accurate information, changes to the law may cause the information in this article to be outdated. 

By Daina Young 

Reynolds Mirth Richards Farmer LLP 

Alberta Municipalities Casual Legal Service Provider  

Part 17 of the Municipal Government Act grants municipal councils broad authority in relation to the regulation of land use and development within the municipality. However there are situations where a municipality’s authority may be restricted by the application of a doctrine known as the division of powers.  

The Constitution Act, 1867 sets out matters which are within the exclusive jurisdiction of the federal and provincial government respectively. Municipalities, as delegates of the province, are restricted in their ability to legislate and regulate on matters which are within exclusive federal jurisdiction.  

The regulation of aeronautics is exclusively within federal jurisdiction. Municipalities cannot regulate matters which are considered essential, integral or vital to the operation of an aerodrome. For example, Canadian courts have found that municipalities do not have the authority to regulate on the following matters:  

• The location of aerodromes.  
• Whether an aerodrome should be permitted in a particular location.  
• The design and dimensions of aerodromes. 

The federal Aeronautics Act defines an aerodrome as:  

… any area of land, water (including the frozen surface thereof) or other supporting surface used, designed, prepared, equipped or set apart for use either in whole or in part for the arrival, departure, movement or servicing of aircraft and includes any buildings, installations and equipment situated thereon or associated therewith 

Municipalities do have the authority to regulate the development and use of land surrounding an airport provided that the purpose of the regulation is not to regulate matters such as air space and flight paths. However, the Edmonton International Airport Vicinity Protection Area Regulation and Calgary International Airport Vicinity Protection Area Regulation may further restrict a municipality’s authority in relation to development and land use in proximity to the airports in question.

To access Alberta Municipalities Casual Legal Helpline, Alberta Municipalities members can call toll-free to 1.800.661.7673 or email casuallegal [at] abmunis.ca (casuallegal[at]abmunis[dot]ca) and reach the municipal legal experts at Reynolds Mirth Richards and Farmer LLP. For more information on the Casual Legal Service, please contact riskcontrol [at] abmunis.ca (riskcontrol[at]abmunis[dot]ca), or call 310.MUNI (6864) to speak to Alberta Municipalities Risk Management staff. Any Regular or Associate member of Alberta Municipalities can access the Casual Legal Service.