Federal government says Winnipeg Airports Authority can't speak on its behalf

Transport Canadasays the Winnipeg Airports Authority "cannot speak on the government of Canada's behalf" in adispute between the airport anddevelopers who want to build residential housing at Polo Park mall.

That appears to be a contradiction from assertionsthe airports authoritymade to Winnipeg's city council earlier this week.

The controversy is centred on changing a planning framework known as the Airport Vicinity Protection Area, which restricts residential development around the James Armstrong Richardson International Airport.

• Winnipeg Airports Authority attempts to bypass city council on Polo Park development
• Airport opposes residential development at Polo Park

It pits the potential of hundreds of millions of dollars in development versus the 24-hour-a-day takeoff and landing status at the airport and its valuable cargo business.

Cadillac Fairview, the owner of CF Polo Park, and Winnipeg'sShindico Realty andTowers Realty Group, want to build apartment buildings around the mall.

On Tuesday, the WAAsent a letter tocouncil asking for the matterto be referred to the provincial municipal board, invoking the name of the government of Canada in the request.

• Developers push for residential component to Polo Park area

"In the name of the government of Canada, WAA objects to the proposed Bylaw No. 48/2019 to amend the Airport Vicinity Protection Area Secondary Plan Bylaw No. 6378/94 to redesignate from Area I to Area II the lands bounded by St. Matthews Avenue, Empress Street, Portage Avenue and St. James Street," the WAAwrote in its letter.

Under the Winnipeg charter, such a referral can only be made by amunicipality, the board of a planningdistrictadjacent to the area, or the governments of Canada orManitoba.

The move by the WAA prompted council to delay any decision on the matter for a month, as the city's legal department asked for time to figure out if the federal government had actually given legal authority to the Winnipeg Airports Authority to make an objection to the proposed bylaw.

A statement to CBC News from Transport Canada says the "the government of Canada has not taken a position on the matter currently being disputed between the Winnipeg Airports Authority and the City of Winnipeg.The Winnipeg Airports Authority is not an agent of the Crown and,therefore, cannot speak on the government of Canada's behalf concerning the City of Winnipeg's proposed bylaw."

A spokesperson for the WAAsays it wasn't "speaking" for the federal government, just making the request "in the name" of the government of Canada.

"WAA is not suggesting we are an agent of the Crown or that we speak on behalf of the government of Canada. As such, there is nothing of surprise in the letter from the government of Canada," said the statement from the airports authority.

The WAAoperates under a long-term ground lease withTransport Canada for the land at the airport.

The general counsel for Shindico Reality says the WAA's moves are an attempt to stall the development without a legal basis to do it.

"We're disappointed the airport chose to delay this process without having the authority to do so, and we look forward to this matter proceeding to council at the next meeting," saidJustin Zarnowski.

A spokesperson for mayor Brian Bowman said "our office will wait for an update from the public service before providing comment."