Public Airports Act

Consolidated act
Citation
S.N.W.T. 2006, c.5
Source
Unofficial consolidation PDF (justice.gov.nt.ca)

This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.

Contents
1. Definitions 2. Establishment and 3. Agreements 4. Definition: "public airport highway" 5. Leases 6. Licences 7. Other agreements and permission 8. Sale not authorized 9. Authorization required to conduct commercial activity 10. Repealed 11. Repealed 12. Repealed 13. Repealed 14. Repealed 15. Repealed 16. Repealed 17. Repealed 18. Repealed 19. Repealed 20. Repealed 21. Repealed 22. Repealed 23. Repealed 24. Repealed 25. Definition: personal property 26. Appointment of airport managers 27. Appointment of enforcement officers 28. Limitation of liability 28.1. Liability of owner 29. Offence and punishment 30. Offences by employees or agents 31. Regulations 32. Repealed 33. Repealed
Regulations
Commissioner's Public Airport Lands RegulationsPublic Airports Fees RegulationsPublic Airports Traffic Regulations

The Commissioner of the Northwest Territories, by and with the advice and consent of the Legislative Assembly, enacts as follows:

INTERPRETATION

Definitions

1.

In this Act,

"airport manager" means an airport manager appointed for a public airport under section 26; (directeur d’aéroport)

"all-terrain vehicle" means an all-terrain vehicle as defined in section 1 of the Motor Vehicles Act; (véhicule tout-terrain)

"authorized agent" means a person who holds a position in the Department that is prescribed in the regulations as a position in respect of which the holder is

(a) authorized as an agent of the Commissioner to make dispositions of Commissioner’s public airport lands under this Act, and

(b) otherwise authorized to exercise powers and perform duties under this Act and the regulations; (mandataire)

"Commissioner’s public airport lands" are Commissioner’s land as defined in section 1 of the Commissioner’s Land Act that are designated as Commissioner’s public airport lands in the regulations made under this Act; (terres domaniales aéroportuaires publiques)

"Department" means the Department of Infrastructure; (ministère)

"enforcement officer" means an enforcement officer appointed or authorized to act under section 27; (agent d’exécution)

"pedestrian" means a pedestrian as defined in section 1 of the Motor Vehicles Act; (piéton)

"public airport" means an airport established or designated as a public airport by the Minister under subsection 2(1); (aéroport public)

"vehicle" means a vehicle as defined in section 1 of the Motor Vehicles Act. (véhicule) S.N.W.T. 2015,c.29,s.2; S.N.W.T. 2017,c.20,s.9.

MINISTER’S POWERS

Establishment and

2.

(1) The Minister may

(a) establish public airports; and

(b) designate an airport operated by the Government of the Northwest Territories before this Act comes into force as a public airport for the purposes of this Act.

Further powers

(2) The Minister may

(a) plan, construct, maintain, improve and expand public airports;

(b) administer and operate public airports;

(c) acquire airports to establish as public airports; and

(d) close public airports.

Agreements

3.

The Minister may enter into agreements with the Government of Canada, municipal corporations or persons with respect to the establishment of public airports, the planning, construction, maintenance, improvement, expansion, administration or operation of public airports, the acquisition of airports to establish as public airports, or the closure of public airports. S.N.W.T. 2011,c.8,s.20.

Definition: "public airport highway"

4.

(1) In this section, "public airport highway" means a highway as defined in section 1 of the Motor Vehicles Act that is on Commissioner’s public airport lands.

Highway authority

(2) The Minister has the powers and responsibilities of a highway authority under the Public Highways Act in respect of public airport highways. S.N.W.T. 2015,c.29,s.3.

LEASES, LICENCES AND OTHER

AGREEMENTS AND PERMISSION

Leases

5.

(1) Subject to this Act and the regulations, an authorized agent may grant a lease of any part of Commissioner’s public airport lands, or in respect of the whole or any part of any building, premises or structure on Commissioner’s public airport lands, and may extend a term of a lease, renew a lease, terminate a lease, approve an assignment of a lease or accept a surrender of a lease.

Term of lease

(2) The term of a lease or renewal of a lease granted under subsection (1) must not exceed 30 years.

Reservations

(3) The following reservations are conditions of every lease of Commissioner’s public airport lands:

(a) all mines and minerals whether solid, liquid or gaseous that may be found to exist in, under or on such lands, together with the right to work the mines and minerals and for this purpose to enter on, use and occupy the lands or a part of the lands to such extent as may be necessary for the working and extraction of the minerals;

(b) the right to enter on the land for the purpose of installing, maintaining or removing any public utility.

S.N.W.T. 2015,c.29,s.4.

Licences

6.

Subject to this Act and the regulations, an authorized agent may grant a licence to use or occupy any part of Commissioner’s public airport lands, or the whole or any part of any building, premises or structure on Commissioner’s public airport lands, and may cancel a licence or accept a relinquishment of a licence.

Other agreements and permission

7.

Subject to this Act and the regulations, an authorized agent may

(a) enter into agreements other than leases and licences for the use or occupancy of any part of Commissioner’s public airport lands, or the whole or any part of any building, premises or structure on Commissioner’s public airport lands; and

(b) enter into agreements or grant permission in respect of the conduct of commercial activity or business on any part of Commissioner’s public airport lands, or in any building, premises or structure on Commissioner’s public airport lands.

Sale not authorized

8.

An authorized agent may not authorize the sale of Commissioner’s public airport lands. S.N.W.T. 2015,c.29,s.6.

COMMERCIAL ACTIVITY

Authorization required to conduct commercial activity

9.

(1) No person shall conduct any commercial activity or business on Commissioner’s public airport lands unless authorized to conduct that commercial activity or business under a lease, licence, agreement or permission granted under this Act.

Limitation

(2) Subsection (1) does not apply in respect of any activity within the exclusive legislative authority of the Parliament of Canada.

10.

Repealed, S.N.W.T. 2015,c.29,s.5.

11.

Repealed, S.N.W.T. 2015,c.29,s.5.

12.

Repealed, S.N.W.T. 2015,c.29,s.5.

13.

Repealed, S.N.W.T. 2015,c.29,s.5.

14.

Repealed, S.N.W.T. 2015,c.29,s.5.

15.

Repealed, S.N.W.T. 2015,c.29,s.5.

16.

Repealed, S.N.W.T. 2015,c.29,s.5.

17.

Repealed, S.N.W.T. 2015,c.29,s.5.

18.

Repealed, S.N.W.T. 2015,c.29,s.5.

19.

Repealed, S.N.W.T. 2015,c.29,s.5.

20.

Repealed, S.N.W.T. 2015,c.29,s.5.

21.

Repealed, S.N.W.T. 2015,c.29,s.5.

22.

Repealed, S.N.W.T. 2015,c.29,s.5.

23.

Repealed, S.N.W.T. 2015,c.29,s.5.

24.

Repealed, S.N.W.T. 2015,c.29,s.5.

UNCLAIMED PROPERTY

Definition: personal property

25.

(1) In this section, "personal property" does not include a motor vehicle or trailer as defined in section 1 of the Motor Vehicles Act.

Possession of lost or abandoned property

(2) An airport manager may take possession of personal property that is reasonably suspected of being lost or abandoned by its owner.

Powers of airport manager

(3) An airport manager who takes possession of an item of personal property that is suspected of being lost or abandoned by its owner shall,

(a) if the property has a value exceeding a prescribed amount,

(i) take possession and control of the property and may store it, and

(ii) within 60 days, make reasonable inquiries to determine the owner of the property and any other person who might have an interest in the property; or

(b) if the property is unsanitary or unsafe or has a value not exceeding a prescribed amount, dispose of the property in the manner the airport manager considers appropriate, subject to the regulations.

Sale

(4) If an airport manager has held, for more than 60 days, an item of personal property suspected of being lost or abandoned by its owner, the manager may authorize the sale of the item in the manner he or she directs.

Proceeds of sale

(5) An airport manager who authorizes the sale of an item of personal property under subsection (4) shall

(a) use that part of the proceeds of the sale necessary to pay for the reasonable costs of removing, controlling, storing, and selling the property; and

(b) hold the remainder of the proceeds of the sale for one year for the owner of the property.

Records of sale and distribution

(6) An airport manager who authorizes the sale of an item of personal property under subsection (4) shall prepare and keep a written report of the sale and distribution of the proceeds of the sale for at least six years.

Unclaimed proceeds

(7) If an airport manager holds the remainder of the proceeds of a sale and does not receive a valid claim in respect of the balance within the one-year period under paragraph (5)(b), the amount not claimed is forfeited to the Government of the Northwest Territories.

Good title

(8) A purchaser in good faith of an item of personal property sold under subsection (4) has good title to the property, free and clear of any other interest. S.N.W.T. 2015,c.29,s.7.

AIRPORT MANAGERS

Appointment of airport managers

26.

The Minister may appoint airport managers for public airports.

ENFORCEMENT OFFICERS

Appointment of enforcement officers

27.

(1) An airport manager may appoint enforcement officers for a public airport.

Authorized enforcement officers

(2) The following are enforcement officers by virtue of their office:

(a) airport managers;

(b) members of the Royal Canadian Mounted Police;

(c) motor vehicle officers appointed under subsection 318(1) of the Motor Vehicles Act;

(d) persons appointed by a council, as defined in the Motor Vehicles Act, to enforce bylaws of the municipal corporation if those persons are authorized by an agreement made under section 3 to act as enforcement officers at a public airport under the direction of the airport manager.

S.N.W.T. 2015,c.29,s.8.

LIABILITY

Limitation of liability

28.

Airport managers and enforcement officers are not liable in a personal or official capacity for loss or damage caused by anything done or not done by them in good faith in the performance of their duties or in the exercise of their powers under this Act or the regulations.

Liability of owner

28.1.

(1) The owner of a vehicle or all-terrain vehicle that is involved in a contravention under this Act or the regulations in respect of the parking or storage of the vehicle or all-terrain vehicle at a public airport is liable for the contravention.

Defence

(2) In a prosecution under subsection (1), the accused must not be found guilty if he or she proves that the driver of the vehicle or all-terrain vehicle at the time of the contravention was in possession of the vehicle or all-terrain vehicle without the consent of the accused.

Due diligence

(3) In a prosecution under subsection (1), the accused may avail himself or herself of the defence of due diligence.

Deemed owner

(4) For the purposes of this Act and the regulations, if a person is named in a certificate of registration, registration permit, in transit permit or short-term permit, each as defined in section 1 of the Motor Vehicles Act, then he or she is, in the absence of evidence to the contrary, the owner of the vehicle or all-terrain vehicle. S.N.W.T. 2015,c.29,s.9.

OFFENCE AND PUNISHMENT

Offence and punishment

29.

(1) A person who contravenes or fails to comply with this Act or the regulations is guilty of an offence and, except as otherwise provided in the regulations, is liable on summary conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding six months, or to both.

Continuing offence

(2) Where an offence under this Act or the regulations is committed or continued on more than one day, the person who committed the offence may be charged with a separate offence for each day on which the offence is committed or continued.

Additional penalty

(3) If a person is convicted of operating a vehicle in contravention of this Act or the regulations, the court may, in addition to any other punishment imposed, make an order prohibiting the person from operating any vehicle on Commissioner’s public airport lands at the public airport where the contravention occurred, for a period not exceeding one year after the date of conviction. S.N.W.T. 2015, c.29,s.10.

Offences by employees or agents

30.

In a prosecution for an offence under section 9, the accused may be convicted of an offence if it is established that it was committed by a person as an employee or agent of the accused in the course of the employment or agency relationship, whether or not the person has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge and consent of the accused.

REGULATIONS

Regulations

31.
of regulations

(1) The Commissioner, on the recommendation of the Minister, may make regulations

(a) designating Commissioner’s public airport lands from Commissioner’s lands and assigning names to those Commissioner’s public airport lands;

(b) prescribing positions held by persons in the Department that will require the persons to be authorized agents;

(c) respecting the powers and duties of authorized agents;

(d) respecting leases, licences, other agreements and permissions in respect of Commissioner’s public airport lands;

(e) respecting the resolution of disputes over leases, licences, other agreements and permissions in respect of Commissioner’s public airport lands;

(f) respecting the operation, parking, storage and disposal of vehicles or all-terrain vehicles on Commissioner’s public airport lands;

(g) respecting the movement and control of persons on Commissioner’s public airport lands;

(h) respecting the control of animals and plants on Commissioner’s public airport lands;

(i) respecting unsightly Commissioner’s public airport lands;

(j) respecting fees for services provided under the Act or regulations;

(k) respecting forms;

(l) prescribing the amount in respect of lost or abandoned property under paragraph 25(3)(a);

(m) prescribing a minimum value for lost or abandoned personal property that may be disposed of without sale under paragraph 25(3)(b); and

(n) respecting any other matter the Commissioner considers necessary for carrying out the purposes and provisions of this Act.

Application

(2) Regulations may be made under subsection

of regulations

(1) that apply in respect of one or more public airports, or generally in respect of all public airports. S.N.W.T. 2015,c.29,s.11.

32.

Repealed, S.N.W.T. 2010,c.16,Sch.B,s.22.

33.

Repealed, S.N.W.T. 2010,c.16,Sch.B,s.22.

Schedule. Repealed, S.N.W.T. 2010,c.16,Sch.B,s.22.