Burlington Airpark

City of Burlington Media Release Burlington, Ont.—July 29, 2016—The City of Burlington will discuss next steps after learning that the Burlington Airpark Inc. has appealed the decision of Mr. Justice M.R. Gibson dated June 30, 2016 to the Ontario Court of Appeal. The appeal (attached TORONTO-#771770-v1-Notice_of_Appeal_and_Appellant_s_Certificate), states: “THE APPELLANT ASKS that the judgment be set aside …

Airpark appeals site alteration decision to the Ontario Court of Appeal Read More »

The court has ruled in the city’s favour and is requiring the Burlington Airpark to submit a site alteration permit for land fill activities on the site. The city was notified late Thursday afternoon, June 30. The court decision will be publicly posted the week of July 4 here: http://www.canlii.org/en/ More information about the ruling …

City wins airpark appeal; site alteration bylaw applies Read More »

The city is currently in court with the airport seeking to enforce our site alteration by-law for the infilling activity at the airport. In an Advisory Circular (300-009) released Dec. 18, Transport Canada states that the Aeronautics Act does not grant immunity to an aerodrome operator/developer from compliance with all other valid provincial legislation or …

Feds affirm local laws apply at airports Read More »

The city has won the first round in a legal battle to ensure the Burlington Airpark complies with local regulations that don’t infringe on aeronautics matters governed by federal law. A judge has ruled the city’s site alteration bylaw is valid and binding on the Airpark and the city is entitled to its legal costs.

Following a court appearance on Oct. 4, the judge is prepared to rule on whether the city’s site alteration bylaw applies to the Burlington Executive Airport.

The Airport maintains the city has no jurisdiction because their infilling activity is related to expansion of the airport and runways, which is federally governed.

The city maintains that not withstanding federal control of aeronautics, local and provincial laws apply, including the site alteration bylaw.

Residents have expressed significant concerns about the amount, location, height and quality of landfill, particularly after an environmental report found it did not meet provincial standards.

Recently, based on advice received from the Legal department, city staff advised the airport owner that the city’s site alteration is applicable and by-law must be complied with. On May 3, the Engineering Department issued an “Order to Comply” with the site alteration bylaw, to the Airport owner Mr. Vince Rossi. The 10-day deadline to comply with the order expired without compliance, so the city issued a notice of violation May 13th, which carries a potential penalty of up to $50,000 for a first offence. We need to consider additional options.