(Editor's note:  This is the message that Brian Iler, chair of CommunityAIR, sent to Mayor Miller, and Councillors Vaughan and McConnell about the supposed "mega settlement" of issues between the city and the Toronto Port Authority.)

We received news of this yesterday via the TPA’s press release, and were surprised and disappointed that community input had not been sought.

If all of the issues between the City and the TPA are intended to be addressed in this settlement, from a community perspective the following must be included (there may well be more – this list was developed quickly and with limited community consultation, as it appears this settlement may well be close to being finalized):

1.      Establish an effective airport/community committee that meets regularly. The TPA must provide full disclosure of all aspects of the operations of the airport to the committee.

2.      The ban on overflights over an appropriately-defined  noise sensitive area (the current area omits some residential neighboutrhoods) be strictly enforced and sufficient fines levied against violators – and if violations continue, prohibition -  to provide effective deterrence.

3.      Curfew violations must cease, with control tower and emergency staff off duty sharp at 11 p.m.

4. Medevac flights that breach curfew must be true emergencies, as required by the tripartite agreement, not stable patient transfers. Returning to base after an emergency flight is not a permitted violation of curfew. Disclosure as to enforcement of this requirement is mandatory.
5. The TPA shall enforce the results of a peer-reviewed NEF study, currently being conducted for Transport Canada, that includes helicopter noise.
6. The peer review shall be conducted by a qualified noise consultant retained by the City following consultation with the TPA’s noise advisory committee, and the TPA shall pay all reasonable costs of that consultant.
7. Until that study and the peer review have been completed, the TPA shall not allow the number of large turboprop aircraft daily slots to exceed the 112  stated in the TPA’s 2001 Sypher Mueller study as the limit for “Expanded Turboprop Service” as the maximum allowable under the existing NEF contours. Even that study indicated that the NEF contours were slightly violated by that level of traffic and recommended, at page 79-80 as follows:

For the Turboprop Scenario in 2020 there is a minor extension of the 28 NEF beyond the official 25 NEF on the east side.  For the various jet scenarios there are minor projections of the contours at the west end. Considering the level of accuracy of the NEF model and the projection period, these minor deviations are not significant. Furthermore, through the implementation of a noise management plan, these deviations could be eliminated, using:

·         Departure procedures (turn on departure and minimum noise routes);

·         Circuit training flight restrictions (alternating days, time of day restrictions, time of week restrictions);

·         Preferential or rotational runway use;

·         Airport operating time restrictions;

·         Noise budget restrictions (i.e. Stage 3 or 4 aircraft only); and

·         Aircraft power and flap management.

That study assumed that “the Airport will continue to be operated as a daytime facility. Hours of operation would be from 0700 to 2200”, as the NEF contour considers night noise from aircraft to be ten times that of daytime noise – assuming correctly that nearby communities are far more disturbed by night noise.

These recommendations, including the night-time constraints, are to be enforced pending the completion of the peer review for the new NEF study.

8. The TPA and the City shall jointly, but at the expense of the TPA, apply to a judge for interpretation of the tripartite agreement as to:
   • whether the tripartite agreement’s reference to a Dash-8 includes the Q400
   • Whether the prohibition on aircraft generating excessive noise in the tripartite agreement permits the averaging that is permitted for calculating compliance with ICAO limits.
9. Engine run up maintenance procedures shall not be carried out at the airport.
10. The TPA shall approve and publicly release minutes of its board meetings, save those portions that are in camera (following the same rules for in camera minutes as the City)within two months of each meeting.
11.  The TPA shall implement without further delay the noise abatement recommendations of its consultants distributed at the noise advisory committee meeting last July.
12. The TPA shall conduct forthwith the studies recommended by the Medical Officer of Health in June 2008:

The Toronto Port Authority and the Toronto City Centre Airport to undertake, in consultation with the Medical Officer of Health, Transport Canada, the Ontario Ministry of Environment and Environment Canada, an airport ambient air monitoring program which includes assessment of nitrogen oxides, sulphur oxides, carbon monoxide, particulate matter, and volatile organic compounds, particularly acrolein.

13. The studies shall be conducted by a qualified consultant acceptable to the City and following consultation with the TPA’s noise advisory committee.
14. The TPA shall retain at all necessary times a paid duty police officer to ensure that traffic to the airport ferry does not breach parking and traffic laws.

We would be pleased to elaborate  or clarify any of the above, as required.