Ultralight Airfield By Appt Onlys in Canada, building an ultralight Airfield By Appt Only in Canada here are things you should know.

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Private Ultralight Aerodromes in CANADA 

by Jim Simpson (taken from the UPAC newsletter)
Do you have rights? Darn toot'n!!

Looking out the window dreaming about flying your craft off your own backyard strip? Warn a have a hanger too? Go ahead - what's holding you back?

Have you heard that by virtue of the Constitution Act 1867 S.9 1, your right to build an aerodrome without interference from the Province or by extension, a lesser agency, is entrenched, carved in stone, good as gold and all that Well it is! Can you find a piece of land, beg or borrow, to fly from and build a hanger on? No one save the Federal Government can stop, say nay or hold you back from doing so. That's the truth!

Sounds too good to be true. There has to be a catch, right? Well, there is a catch and it prevents some folks from doing anything, and prompts others to sell off their rights. No need for either. Exercise your rights and keep them. But realize that while the Constitution Act enshrines your rights, it does not prevent others from extorting them from you.

Most of the problems, but although certainly not exclusively, arise with town- ships and by-laws. Sometimes you can inform and show local officials of your rights in building an aerodrome and receive their blessing without a hassle. With others, well, nothing but a sound thumping in court and bundles of taxpayers bucks will work. But should the threat of court action cause you to give up your rights? I say absolutely not!

You may say that's "Easy for me to say." Well, I've been there and done just that. So I know what it's like. I put in an airstrip and built a hanger without benefit of zoning or building permit. I was taken to court; I won. The township had to pay my court costs.

Applying for and purchasing a building permit acknowledges their authority over you. If you sell your rights for the price of a building permit, don't cry when everything you want to do has to meet this or that code, standard, regulation, or the inspector's whim or wish. If you ask for permission and get turned down - then what? Are you just going to look out the window and dream?

In 1954 the Supreme Court of Canada re-stated what a lesser government had been told, before things got out of hand. The court said, "The federal government has exclusive jurisdiction over all matters of aviation." More recent court decisions have reaffirmed these rights.

Choose to preserve your rights without being frightened by threat of court action. in the United States no such freedom exists; every level of legislation has a shot at you before you can get off the ground.

There was concern a few years back, discussed with fear over coffee or under the wing, about a rumour that Transport Canada proposed to pass down certain authority over aviation to lesser governments. Think about the flying if each province, much less each municipality, enforced various aspects of aviation to suit their needs.

If Transport Canada sees that most aerodrome wanna-be's chose to sell off their rights, they could, by mistake or otherwise, pass their control over aerodromes to local governments. Conversely, by fighting to retain and exercise your rights, Transport will see that their authority over aerodromes is something we value and will fight to keep.

A headache? It certainly is but it need not be an overwhelming stress. Say no to local governments extorting your rights. Prepare your case beforehand. Do your homework and lay your intentions, reasons and authority squarely on their desk. Let them know that you're happy to discuss your position, or more appropriately their position.

This issue has been tried in the courts time and time again. The outcome and the message are always the same. These local agencies have more than ample opportunity to research the rules and regulations on aerodromes. They don't five in the dark. The use of the legal system is not an experiment. Show them that abuse of authority carries with it consequences.

If you find yourself contemplating building an aerodrome and need to know more about the legislation and so on, please feel free to contact me (J.F. Simpson, RR #5, Chatsworth, ON, NOH 1GO, phone/ 519-794-4473).
Stick to your rights!

Jim Simpson has 23 years experience in law enforcement in Ontario. He is a licensed pilot and is working on his Flight Instructor Rating for Ultralight Aeroplane. He has an aerodrome in his backyard. 

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L'il Hustler's Airfield 4800 foot grass strip just north of Bradford Ontario.
L'il Hustler's ultralight Airfield By Appt Only 4800 foot grass strip just north of .

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