THE DISTRICT MUNICIPALITY OF MUSKOKA
BY-LAW NO. 2009-21
Being a by-law to update Muskoka Airport user fees and charges
WHEREAS pursuant to section 391 (1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, Muskoka District Council may pass by-laws establishing user fees and charges;
AND WHEREAS Council has, from time to time, established various user fees for users at Muskcka's facility known as the Muskoka Airport;
AND WHEREAS it is desirable to update all fees and charges related to the Muskoka Airport;
THEREFORE the Council of The District Municipality of Muskoka ENACTS AS FOLLOWS:
A. Interpretation
1. (1) In this by-law the term "aircraft" includes, but is not limited to, airplanes, helicopters, gliders and ultralights
(2) This by-law applies to all users of the facility known as the Muskoka Airport and includes, but is not limited to, tenants or occupiers of lands at the Muskoka Airport.
(3) All fees and charges established by this by-law do not include applicable taxes. Applicable taxes (PST, GST, etc.) shall be added and payable at the time of payment of such fees and charges.
(4) Unless otherwise specifically provided, the fees payable pursuant to this by law shall not be pro-rated.
2. For the purposes of determining the fees and charges applicable, the aircraft weight shall be determined by Transport Canada document TP 143.
B. Landing Fees
(i) General
3. Unless exempted in accordance with section 4(1) or waived in accordance with section 5, the operator or owner of every aircraft shall pay a landing fee for the first landing of each and every calendar day that a landing is made that is the greater of:
(a) the applicable minimum fee set forth in Part 1(B) of Schedule "A"; or (b) an amount calculated in accordance with Part 1(A) of Schedule "A".
(ii) Exemptions
4. (1) Subject to section 4 (2), the following aircraft are exempt from the landing fees set forth in section 3:
(i) the aircraft is based and routinely kept at the Muskoka Airport pursuant to a lease, Airport land sale or other arrangements with The District Municipality of Muskoka; and
(ii) the aircraft in question weighs less than 5,000 kg. Page 2 of By-law 2009-21
(2) The exemption in section 4 (1) applies only during such time periods as all amounts due Muskoka pursuant to the leases or other arrangements are up to date and paid in full.
(iii) Waiver
5. In the event that an aircraft has been used or will be used on a day for search and rescue efforts or training, the landing fee shall be waived for the aircraft the day on which it is so used.
C. Overnight Parking Charges
6. The owners or operators of all aircraft shall pay parking charges in accordance with this section and the rates set forth in Part 2 of Schedule "N hereto.
7. 1) Parking charges shall apply to each aircraft left, stored or parked on airport lands as of 8:00 p.m. of each and every day.
2) For the purposes of section 7 (1), the term "airport lands" shall not include lands that are the subject of a written lease with Muskoka or a tie down space agreement with Muskoka or lands sold in accordance with Muskoka Airport Land Sales Policies and Procedures.
3) Notwithstanding anything to the contrary, the amounts payable shall be the greater of:
(a) the minimum fees set forth in Part 2(B) of Schedule "A"; or (b) an amount calculated in accordance with Part 2(A) of Schedule "A".
8. Parking charges shall be paid on either a daily, monthly or semi annual basis in accordance with the following:
(a) where the owner or operator proposes to pay on a semi annual basis, the time period shall commence on the date the parking space is allocated and continue for six (6) calendar months;
(b) where the owner or operator proposes to pay on a monthly basis, the month shall commence on the date the parking space is allocated and continue for one full calendar month; and
(c) where the owner or operator proposes to pay on a daily basis, the charges shall commence at 8:00 p.m. of each and every day that the aircraft is left, stored or parked on airport lands.
D. Hydro Charges
9. The owner or operator of each aircraft, supplied with hydro from Muskoka's power supply at the Muskoka Airport shall pay fees and charges in accordance with the rates set forth in Part 3 of Schedule "A" hereto regardless of whether or not any power is actually used.
E. Silent Hours Call Out Charge
10. Where a person requires the assistance of airport personnel or equipment after regular business hours, the person shall pay, in addition to any other fees and charges that may be payable, a Silent Hours Call Out charge. For the purposes of this section, regular business hours shall be as follows:
th st (i) summer hours of operation - May 15 to August 31 - 8:00 a.m. to 8:00 p.m. th (ii) winter hours of operation - September 1st to May 14 - 8:00 a.m. to 6:00 p.m. Page 3 ofBy-law 2009-21
11. The Silent Hours Call Out charge shall be calculated in accordance with the rates set forth in Part 4 on Schedule "A".
12. The Airport Manager may, in his sole discretion, waive or reduce the said Silent Hours Call Out charge.
F. Snow Plowing and Equipment
13. Each person requesting snow clearing and removal service or the assistance of other equipment for which a user fee or charge has not specifically been provided for herein shall pay equipment rental fees in accordance with the rates set forth in Part 5 of Schedule "A".
G. Ground Power Unit
14. (1) Persons requesting use of Muskoka's ground power unit shall subject to section 14(2) pay the following fees and charges in accordance with the rates set forth in Part 6 of Schedule "A":
(a) a connection fee - which includes the first thirty (30) minutes of use; plus (b) a rental fee.
(2) Notwithstanding anything to the contrary, when use of a ground power unit is necessary to refuel an aircraft the fees and charges in section 14(1) shall be waived.
H. Fuel Prices
15. (1) Subject to section 15 (2) the per litre price for fuel supplied by Muskoka at the Muskoka Airport shall be calculated as follows:
(i) type 100 LL - price at which fuel is supplied to Muskoka pills twenty (20) per cent; and (ii) type TFA-1 - price at which fuel is supplied to Muskoka plus thirty (30) per cent.
(2) In order to remain competitive, the prices calculated in accordance with section 15 (1) may be adjusted upwards or downwards so that the prices charged by Muskoka are within five (5) per cent of the average retail fuel prices at the following airports:
(i) London International Airport; (ii) Lake Simcoe Regional Airport; (iii) Peterborough Municipal Airport; and (iv) Waterloo International Airport.
(3) The Airport Manager shall be and is hereby authorized to adjust fuel prices as necessary from time to time in accordance with the formulas detailed in sections 15 (1) and (2).
(4) Whether the Airport Manager makes an adjustment in accordance with section 15(3), the adjustment shall be in effect for the day in which the adjustment is made.
I. Airport Maintenance and Other Charges
16. For the purposes of sections 16 and 17 herein, the term "airport lands" means all lands that comprised the Muskoka Airport as of October 31, 1996, being the date of transfer from Her Majesty the Queen in Right of Canada to Muskoka together with any adjacent lands subsequently acquired by Muskoka, including any and all lands that may have been the subject of a lease between Her Majesty the Queen in Right of Canada and others as of October 31, 1996. Page 4 of By-law 2009-21
17. (1 ) Subject to section 17 (3), where a portion of the airport lands has been or is hereafter leased or sold, the tenant or the owner, as the case may be, shall pay a yearly charge calculated as the sum of the following:
(i) a charge equal to the area of the lands leased or owned (in square metres) multiplied by 79.1 (seventy nine and one tenth) cents per rn-: plus
(ii) where the owner or occupant has a private fuel tank, the owner of the private fuel tank shall pay an additional charge calculated in accordance with section 18.
(2) For the purposes of any and all leases or covenants on title involving any portion of the lands described in section 16, the charges detailed in paragraph 17 (1) (i) shall be deemed to be airport maintenance charges as may be referred to in such leases or covenants.
(3) Where a lease between a tenant and Muskoka, whether as successor landlord to Her Majesty the Queen in Right of Canada or otherwise, provides for an airport maintenance charge less than that specified in paragraph 17 (1 )(i), the amount set forth in the lease shall apply until the earlier of the expiry of the lease or the first day of any renewal period or update date occurring after the date of enactment of this by-law, whichever comes first, at which time the rates set forth in paragraph 17 (1)(i) shall apply.
(4) The charges described in paragraph 17 (1 )(i) shall be payable in twelve (12) equal portions on a monthly basis.
J. Private Fuel Tanks
18. (1) The owners of each and every private fuel tank on airport lands shall pay in addition to any and all other fees and charges set out herein, a charge calculated as follows:
yearly charge =tank volume (in litres) x 4 x 5.1 cents per litre
(2) The said charge shall commence on the date the private fuel tank is installed and shall continue until the private fuel tanks are removed.
(3) The charge payable under section 18 (1) shall be payable in four equal portions, quarterly in advance.
(4) If a private fuel tank is removed after the commencement of a quarter but before the commencement of the next quarter, a pro rata refund of monies paid shall be made.
(5) The owner of each such private fuel tank shall, upon request, forthwith supply Muskoka with records detailing each and every quantity of fuel delivered to the tank.
K. Collection
19. The Airport Manager shall be and is authorized, directed and empowered to collect the fees and charges herein specified.
20. Owners and operators of aircraft shall be and are hereby encouraged to pay in advance or prior to leaving the airport and the Airport Manager is hereby authorized, directed and empowered to obtain payment by any and all credit and debit services such as charge card, direct charge and other services provided as Muskoka may have agreements with.
21. Where an amount has not been paid in advance, the owner or operator shall be invoiced and the amounts payable shall be due as of the date of the invoice. Page 5 of By-law 2009-21
22. Where an amount due under this by-law remains unpaid after three (3) months, the Airport Manager may deny an owner or operator in default landing, parking or other service privileges at the airport.
23. Where this by-law prescribes a flat fee, the fee shall apply in full regardless of whether or not the service was provided for the full time period and for greater certainty, fees and charges shall not be discounted except as specifically provided for herein.
24. Notwithstanding anything herein to the contrary, all unpaid amounts shall bear interest at the rate of one and a half (1.5) percent per month compounded annually.
L. General
25. All charges herein are expressed in Canadian dollars. The exchange rates for U.S. dollars and other currencies shall be the same as those available at the major banks on the date of the transaction.
26. Except for the purposes of determining amounts payable prior to enactment of this by-law, By-laws 2005-54 and 2006-45 shall be and are hereby repealed.
27. This by-law shall come into force and take effect on April 1,2009.
READ A FIRST TIME: March 30, 2009 READ A SECOND TIME: March 30, 2009
THE DISTRICT MUNICIPALITY OF MUSKOKA ~@~
Acting Clerk
READ A THIRD TIME AND FINALLY PASSED: March 30, 2009 THE DISTRICT MUNICIPALITY OF MUSKOKA :ew~~
Acting Clerk SCHEDULE "A'TO BY-LAW 2009-21
Part 1 - Landing Fees A Aircraft Weight Charge per 1,000 kgs. 1 Less than 3,000 kgs. No Charge
2 3,000 kgs - 4,999 kgs. $5.00
3 5,000 kgs - 9,999 kgs $6.00
4 10,000 kgs - 19,999 kgs $7.00
5 20,000 kgs - 44,999 kgs $8.00
6 45,000 kgs and over $9.00
B Minimum Fees Per Landing 1 Turboprops/Rotary Wing $40.00
2 Jet Aircraft $60.00
3 Piston Engine Aircraft $20.00
Part 2 - Parking Charges A Aircraft Weight Daily Monthly Semi Annual 1 Tie-downs on Grass (May through Oct. only) $8.00 $100.00 $300.00
2 Tie-downs on Pavement Edge $10.00 $150.00 $500.00
3 3,000 kg to 4,999 kg on Apron $15.00 $225.00 not available
4 5,000 kg to 9,999 kg on Apron $25.00 $375.00 not available
5 10,000 kg to 19,999 kg on Apron $40.00 $800.00 not available
6 20,000 kg to 44,999 kg on Apron $80.00 $1,600.00 not available I 7 45,000 kg or greater on Apron $160.00 $3,200.00 not available
B Minimum Fees Per Landing 1 Jet Aircraft $30.00
Part 3 - Hydro Usage Charges 1 Usage Charge $10.00 per 24 hour period Part 4 - Silent Hours Call Out Rates 1 First 3 hours regardless of actual time $100.00 required 2 After first 3 hours $35.00 per hour
Part 5 - Snow Plowing arid Miscellanous Equipment A Loading and Unloading Equipment 1 Equipment rental one hour or less $100.00
2 Greater than one hour $100.00 + $2.00 per minute B Other Equipment Rental Charge 1 All Equipment (except Part 5A and Part 6 $2.00 per minute Equipment) Part 6 - Ground Power Unit Rental 1 Connection Fee (includes first 30 minutes $40.00 of rental fee) per connection 2 Rental Fee each 30 minutes or part thereof after first $10.00
Note: Applicable taxes are extra