(Curfew and Noise violations of the Tripartite Agreement are continuing at the Island Airport, and we must register our complaints if we expect to get the Toronto Port Authority to enforce the agreement.  What constitutes a curfew violation is quite clear.  Any aircraft taking-off or landing after 11:00 pm or before 6:45 am is violating the curfew.  There are exceptions for emergencies but that is all.  Noise violations are more difficult to define.  Dennis Findlay has prepared this note to explain the regulations that are in force at the Island Airport.  Even after reading and understanding this note, you may wonder if your complaint about noise is a violation of the regulations.  Don't worry about that.  If noise or a violation of the curfew at the Island Airport disturbs you, please lodge a complaint.  It's important.  Editor's note.)

A)  Q400 - Exceeds Noise limits:

             The close proximity of, then planned and now built, residential communities led to strict noise constraints in the Tripartite Agreement.
From the Tripartite Agreement
- paragraph 14(2)(b) defines excessive noise: for planes weighing more than 5700 kg, other than STOL (the Q400 is not STOL and thus qualifies), as creating a noise level more than 92 EPNdB on approach.
To avoid any ambiguity as to what standard is used for this noise limit, the Tripartite Agreement references data issued by the International Civil Aviation Organization, the UN-affiliated world body governing civil aviation.
ICAO noise data for the Dash 8 -Q400 establishes that the approach noise level is between 93.1 and 94.8; levels in excess of the permitted maximum noise of 92 EPNdB. (A clear violation.)
This is consistent with observations – the most irritating noise for residents and port users is caused by the Q400 reversing its engines on landing.
Based on ICAO data, the Q400 is an aircraft generating excessive noise and is prohibited from using the Island Airport.
Further, s.15 of the Tripartite Agreement establishes a penalty which is to be charged by the Port Authority of $5,000 (in June 1981 dollars) for each violation.
The TPA is obliged to charge this penalty for all breaches to date.
C - Noise Contours:
       NEF = Noise Exposure Forecast Contours are described by a map and clearly defined (in terms that lawyers and noise experts understand) in the Tripartite Agreement. The purpose of these sections is to protect the community from increasing levels of noise as the number of aircraft using the Island Airport increases.

Section 34 of the Tripartite Agreement, outlines the process by which the City is to be provided with regular NEF Contour studies. This gives the City the right to obtain from the Minister of Transport each year in which there is a growth in traffic through the airport, the current NEF contours prepared using actual data.
Looking at Transport Canada’s website, there’s a summary of how it goes about an NEF study, at: http://www.tc.gc.ca/CivilAviation/publications/tp1247/part4/Part4-1.htm
The City is in a strong position to request up to date Noise Contour studies.
In Summary: What constitutes a Noise Violation?
A) The Hours of Operation  - 6:45 am - 11:00 pm  (curfew).
ANY flight outside of these hours!  (Departing Medivac Helicopters are exempt)
 
The Tripartite identifies the Limits on Noise allowable on Take off and Landing for planes over 5700 kg.
The ICAO measurement of the Q400 gives us the levels of noise and they do not fit into the allowable noise levels as defined by the Tripartite Agreement. AND yes the Q400 is in violation and for every landing of that plane the TPA should be fining them $5,000.00.
 Thus every landing of the Q400 is in violation of the Tripartite Agreement!
 
C) There are extensive definitions of the Noise Contours as identified under the NEF Contours section of the Tripartite Agreement.
        - This requires that the Gov't take the measurements.
        - These measurements have likely not been done for a very long time and that the CITY should be requesting that these measurements are taken and a report be done.
We need to be demanding these studies be done and that they be made public!

D) Anytime that an aircraft noise disrupts your life, waking you; making it impossible to carry on a conversation; requiring the closure of windows to enjoy music in your home; are all appropriate examples for making a complaint to the TPA system. (See below)

WHAT CAN WE DO:

1) Log Complaints with the TPA on line form:
http://www.torontoport.com/Airport_Cform.asp   Tick the box requesting a copy be sent to you.
Or call: Noise Management Office at 416-203-8490

2) Send a copy of your complaint to:
Mayor David Miller mayor_miller@toronto.ca  phone: 416-397-2489
Councillor Adam Vaughan councillor_vaughan@toronto.ca phone: 416-392-4044
Councillor Pam McConnell councillor_mcconnell@toronto.ca phone: 416-392-7916
Minister of Transportation Cannon.L@parl.gc.ca   phone: 1-613-992-5516
Chair of Toronto Port Authority Board  mmcqueen@wellingtonfund.com