Canadian Aviation Regulations (SOR/96-433)

• 601.24 (1) Any person who plans to construct or modify a building, structure or object, or launch a tethered object shall notify the Minister of the proposed construction, modification or launch in accordance with the requirements of Standard 621 if the building, structure or object, or tethered object, will constitute an obstacle to air navigation.

• (2) A person who has responsibility for or control over a building, structure or object that constitutes an obstacle to air navigation shall

  • (a) mark and light the building, structure or object in accordance with the requirements of Standard 621; or

  • (b) use the equivalent marking and lighting approved by the Minister under subsection 601.27(2).

• 601.25 (1) If the Minister determines that a building, structure or object, other than a building, structure or object described in section 601.23, is hazardous to air navigation because of its height or location, the Minister shall require the person who has responsibility for or control over the building, structure or object to mark and light it in accordance with the requirements of Standard 621.

• (2) A person who is required by the Minister to mark and light a building, structure or object under subsection (1) shall

  • (a) do so within six months; and

  • (b) cause to be received at the appropriate air traffic control unit or flight service station a notice identifying the nature, location and height of the building, structure or object.

601.26 A person who has responsibility for or control over an obstacle to air navigation shall upgrade the markings and lights of the whole obstacle to the most recent requirements set out in Standard 621 if any change occurs in

• (a) the location of the obstacle with respect to any other marked or lighted obstacle; or

• (b) the surrounding conditions of the obstacle that can affect aviation safety.

• 601.27 (1) A person who proposes to use equivalent marking and lighting on an obstacle to air navigation for which the person has responsibility or over which the person has control shall apply to the Minister for approval.

• (2) The Minister shall approve the equivalent marking and lighting if the applicant

  • (a) submits a risk assessment that identifies the risks to air navigation associated with the obstacle and the methods for eliminating or reducing those risks; and

  • (b) demonstrates that the equivalent marking and lighting provides a level of safety at least equivalent to the level provided by the requirements of Standard 621.

• (3) In determining whether the equivalent marking and lighting provides the level of safety required by paragraph (2)(b), the Minister shall consider the following factors:

  • (a) the location of the obstacle;

  • (b) the surrounding terrain, buildings, structures and objects;

  • (c) the VFR air traffic volume; and

  • (d) the proximity of the obstacle to an aerodrome.