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Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2020-07-15 and last amended on 2020-07-08. Previous Versions

Part VI — General Operating and Flight Rules (continued)

Subpart 1 — Airspace (continued)

Division II — Aircraft Operating Restrictions and Hazards to Aviation Safety (continued)

Projection of Directed Bright Light Source at an Aircraft

 Subject to section 601.21, no person shall project or cause to be projected a directed bright light source into navigable airspace in such a manner as to create a hazard to aviation safety or cause damage to an aircraft or injury to persons on board the aircraft.

  • SOR/2002-182, s. 2
Requirement for Notification
  •  (1) Any person planning to project or cause to be projected a directed bright light source into navigable airspace shall, before the projection,

    • (a) submit a written request to the Minister for an authorization to project the directed bright light source into navigable airspace; and

    • (b) obtain a written authorization from the Minister to do so.

  • (2) On receipt of the request for authorization, the Minister shall issue a written authorization if the projection is not likely to create a hazard to aviation safety or to cause damage to an aircraft or injury to persons on board the aircraft.

  • (3) The Minister may specify in the authorization any conditions necessary to ensure that the projection is not likely to create a hazard to aviation safety or to cause damage to an aircraft or injury to persons on board the aircraft.

  • SOR/2002-182, s. 2
  • SOR/2014-286, s. 3
Requirement for Pilot-in-command
  •  (1) No pilot-in-command shall intentionally operate an aircraft into a beam from a directed bright light source or into an area where a directed bright light source is projected, unless the aircraft is operated in accordance with an authorization issued by the Minister.

  • (2) The Minister may issue the authorization if the operation of the aircraft is not likely to create a hazard to aviation safety.

  • SOR/2002-182, s. 2

Division III — Marking and Lighting of Obstacles to Air Navigation

Obstacles to Air Navigation
  •  (1) For the purposes of this Division, any building, structure or object, including any addition to it, constitutes an obstacle to air navigation if

    • (a) it penetrates an airport obstacle limitation surface as calculated in Chapter 4 of the Standard entitled Aerodrome Standards and Recommended Practices, TP 312E, published by the Department of Transport;

    • (b) it is higher than 90 m AGL and is located within 6 km of the geographical centre of an aerodrome;

    • (c) it is higher than 90 m AGL and is located within 3.7 km of the centreline of a recognized VFR route, including, but not limited to, a valley, a railway track, a transmission line, a pipeline, a river and a highway;

    • (d) it is higher than 150 m AGL; or

    • (e) in the case of any catenary wires crossing over a river, any portion of the wires or supporting structures is higher than 90 m AGL.

  • (2) For the purposes of subsection (1), an addition to a building, structure or object includes any vertical mast, pole, tower or other object erected on top of the building, structure or object and adding to its height.

  • SOR/2011-285, s. 6
Marking and Lighting of Obstacles to Air Navigation
  •  (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).

  • SOR/2011-285, s. 6
Other Obstacles to Air Navigation
  •  (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.

  • SOR/2011-285, s. 6
Upgrading of Marking and Lighting

 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.

  • SOR/2011-285, s. 6
Equivalent Marking and Lighting
  •  (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.

  • SOR/2011-285, s. 6
Notification of Deterioration, Failure or Malfunction

 A person who has responsibility for or control over an obstacle to air navigation shall report immediately any deterioration of a marking or any failure or malfunction of a light required under this Division to the nearest flight service station.

  • SOR/2011-285, s. 6
Prohibition

 No person shall deface, alter or otherwise damage a marking or a light required, under this Division, to be displayed on an obstacle to air navigation.

  • SOR/2011-285, s. 6

Subpart 2 — Operating and Flight Rules

Division I — General

Application — Remotely Piloted Aircraft

 This Subpart does not apply in respect of remotely piloted aircraft.

  • SOR/2019-11, s. 15
Reckless or Negligent Operation of Aircraft

 No person shall operate an aircraft in such a reckless or negligent manner as to endanger or be likely to endanger the life or property of any person.

  • SOR/2019-11, s. 15
Fitness of Flight Crew Members

 An operator of an aircraft shall not require any person to act as a flight crew member or to carry out a preflight duty, and a person shall not act as a flight crew member or carry out that duty, if the operator or the person has reason to believe that the person is not, or is not likely to be, fit for duty.

  • SOR/2018-269, s. 4
Alcohol or Drugs — Crew Members

 No person shall act as a crew member of an aircraft

  • (a) within 12 hours after consuming an alcoholic beverage;

  • (b) while under the influence of alcohol; or

  • (c) while using any drug that impairs the person’s faculties to the extent that the safety of the aircraft or of persons on board the aircraft is endangered in any way.

  • SOR/2018-269, s. 5
Alcohol or Drugs — Passengers
  •  (1) In this section, intoxicating liquor means a beverage that contains more than 2.5 per cent proof spirits.

  • (2) No person shall consume on board an aircraft an intoxicating liquor unless the intoxicating liquor

    • (a) has been served to that person by the operator of the aircraft; or

    • (b) where no flight attendant is on board, has been provided by the operator of the aircraft.

  • (3) No operator of an aircraft shall provide or serve any intoxicating liquor to a person on board the aircraft, where there are reasonable grounds to believe that the person’s faculties are impaired by alcohol or a drug to an extent that may present a hazard to the aircraft or to persons on board the aircraft.

  • (4) Subject to subsection (5), no operator of an aircraft shall allow a person to board the aircraft, where there are reasonable grounds to believe that the person’s faculties are impaired by alcohol or a drug to an extent that may present a hazard to the aircraft or to persons on board the aircraft.

  • (5) The operator of an aircraft may allow a person whose faculties are impaired by a drug to board an aircraft, where the drug was administered in accordance with a medical authorization and the person is under the supervision of an attendant.

 
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