The City of Oshawa has listed three challenges – all out of its apparent control – for concerns over noise and traffic related to Oshawa Executive Airport.
“The city understands the valid concerns of residents regarding noise and air traffic at the Oshawa Executive Airport. The city also agrees that a better balance is necessary to respect residents’ quality of life and the economic benefits of the airport. Unfortunately, the city is faced with three challenges,” it said in a statement.
First, it said, Transport Canada is the regulator and only the federal government can regulate airport activity. Municipal by-laws cannot be used to regulate aircraft activity, and neither the council, city staff nor the airport manager have the authority to regulate aircraft activity. In 2021, the Federal Minister of Transport was contacted by both the City of Oshawa and the Town of Whitby who advocated that the federal noise abatement procedures and restrictions for the Oshawa Executive Airport need to be implemented.
“To date, Transport Canada has not responded to either municipality,” the statement said.
Second, there are two methods available to the city for the establishment of a new noise abatement procedure at the airport: a voluntary process and a formal process, the statement said.
It said both processes are required to be undertaken in the context of Canadian Aviation Regulation 602.105, in compliance with Transport Canada’s Advisory Circular 302-020. To date, the 2016 voluntary process has been used to establish the current noise and traffic management plan at the Airport. However, the voluntary process is not effective and in 2021, the city contacted the Federal Minister of Transport to advance the formal process and establish a new Noise Abatement Procedure and Restrictions under the Transport Canada Circular.
“To date, the city has not received a response to its request,” said the statement.
Court Jurisdiction
Third, the continued operation of the Canadian Flight Academy at the Oshawa Executive Airport is a matter before the Ontario Superior Court of Justice. Given that trial sittings are scheduled only twice a year (May and November), the city’s ongoing legal proceeding with Canadian Flight Academy was originally set for trial in November 2022. However, at current, the city is waiting for a decision from Justice Dawe and anticipates that this matter will be set down for trial in May 2023, it pointed out.
The statement said the city is committed to ensuring open dialogue and considering the needs of both airport users and community members as we work to fulfill our agreement with the Federal Government to operate the Oshawa Executive Airport until 2047. While the Oshawa Executive Airport is a significant asset for economic growth in the city and for Durham Region, the city’s long-term vision is balancing the quality of life of our residents with the economic benefits of the airport.
Oshawa asked concerned to contact the Federal Minister of Transport for further information or clarification on regulating the airport traffic activity and/or advancing new Noise Abatement Procedure and Restrictions at the Oshawa Executive Airport.
To learn more about the city’s voluntary procedures established in cooperation with our airport users to minimize noise and traffic impacts, visit the Oshawa Executive Airport’s Noise Management webpage.