VIOLATIONS OF THE TRIPARTITE AGREEMENT

STOL and the Q400

The Tripartite Agreement, signed by the federal government, the City of Toronto and the agency that is now called the Toronto Port Authority, was amended in 1985. One of the stipulations in that amendment was that commercial aircraft using the Toronto Island Airport must have STOL capabilities. (STOL is defined as the ability of an aircraft to take off at a 6% angle.)

This stipulation was specifically put into the Tripartite Agreement, by those who wrote the amendment, to ensure that only small commercial aircraft use the Island Airport. But the Q400 aircraft cannot meet the STOL requirements. The Q400 can only take off at a 5.5% angle and cannot be considered a STOL aircraft. Transport Canada has confirmed this in writing.

Both Transport Canada and the TPA take the position that the Q400 is a Dash-8, permitted under the “general aviation” category. They do not attempt to justify the use of the Q400 as a STOL aircraft. Transport Canada maintains that because the Q400 is a “derivative” of the Dash-8, the use of the Q400 is, therefore, permitted at the Island Airport.

This is patently wrong. In 1985, when the Dash-8 was added to the tripartite agreement definition of "general aviation," the only Dash-8 plane that would have been in the contemplation of the parties was the Series 100/200 – a 37- to 40-passenger plane. Would the parties at that time have considered a plane with twice the weight, almost double the passenger capacity, and very different performance characteristics, to be considered a Dash-8 under the Tripartite Agreement? Of course not!

The Q400 is not an aircraft permitted to operate out of the island airport, and Transport Canada should long ago have insisted on adherence to the agreement.

Q400 Violates Noise Provisions of the Tripartite Agreement

The Tripartite Agreement contains clauses on noise because the signatories were concerned that excessive noise would disturb the neighbourhood. Since that time, thousands of more people have moved to the waterfront. The noise provisions are contained in paragraph 14(1)(e).

Paragraph 14(2)(b) goes on to define excessive noise: for planes weighing more than 5700 kg, other than STOL (which we know the Q400 is not), 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 standards issued by the International Civil Aviation Organization, the UN-affiliated world body governing civil aviation were used.

The ICAO noise data for the Porter Q400 establishes a clear violation: it certifies that the approach noise level is between 93.1 and 94.8, in excess of the permitted maximum noise of 92 EPNdB. 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 the ICAO data, therefore, the Q400 is an aircraft generating excessive noise and is prohibited from using the Island Airport.

In section 15 is a clause stating that a penalty of $5,000 (in June 1981 dollars) should be charged for each violation. This provision has never been enforced by the Toronto Port Authority.

Island Airport Curfew

In 2002 the Tripartite Agreement was amended to add a curfew. Aircraft are not allowed to take-off or land between 11:00 pm in the evening and 6:45 am in the morning. The curfew does not apply to medivac emergencies, but it has effect on all other flights. There have been a number of violations of the curfew and they have been increasing since Porter has begun flying to Newark, N.J.

If you have witnessed a violation of the curfew or are bothered by aircraft noise at the Island Airport, please register your complaints with the Toronto Port Authority and elected or appointed officials. These are the relevant co-ordinates.
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

Send a copy of your complaint to: