Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2017-10-13 and last amended on 2017-09-15. Previous Versions

SCHEDULE

[Repealed, SOR/2006-86, s. 8]

Subpart 4 – [Reserved]

Subpart 5 – Heliports

Division I — General

Interpretation

 The following definitions apply in this Subpart.

applicable heliport standard

applicable heliport standard means the standard that is applicable to a heliport or to a part of it, or to its administration and operation, as determined under subsection 305.17(1). (norme sur les héliports applicable)

FATO

FATO means a final approach and take-off area, which consists of a defined area over which the final phase of a helicopter approach manoeuvre to hover or land is completed and from which the take-off manoeuvre is commenced. (FATO)

heliport certificate

heliport certificate means a certificate issued under section 305.08, 305.11 or 305.12. (certificat d’héliport)

heliport closed marking

heliport closed marking means a marking that meets the requirements of subsection 305.41(1). (marque de zone fermée d’héliport)

heliport operations manual

heliport operations manual or HOM means the manual referred to in sections 305.53 to 305.57 and includes any amendments to the manual that are approved pursuant to subsection 305.08(4). (manuel d’exploitation d’héliport ou MEH)

standard 621.19

standard 621.19[Repealed, SOR/2011-285, s. 4]

TLOF

TLOF means a touchdown and lift off area, which consists of a load-bearing area on which a helicopter may touch down or lift off. (TLOF)

  • SOR/2007-87, s. 8;
  • SOR/2011-285, s. 4.

Application

  •  (1) Subject to subsection (2), this Subpart applies in respect of the operation of a heliport

    • (a) that is located within a built-up area of a city or town;

    • (b) that is used by an air operator providing a scheduled air service for the purpose of transporting persons;

    • (c) for which an instrument approach procedure to precision limits is established in accordance with the applicable heliport standard; or

    • (d) that is any other heliport in respect of which the issuance of a heliport certificate would be in the public interest and would further the safe operation of the heliport.

  • (2) This Subpart does not apply in respect of a military heliport.

  • SOR/2007-87, s. 8.

Requirement to Hold a Heliport Certificate

 No person shall operate a heliport referred to in subsection 305.02(1) unless a heliport certificate is issued in respect of the heliport and the person complies with the requirements of the heliport certificate and operates the heliport in accordance with the heliport operations manual.

  • SOR/2007-87, s. 8.

Eligibility to Hold a Heliport Certificate

 A person is eligible to hold a heliport certificate if they are

  • (a) a citizen of Canada;

  • (b) a permanent resident of Canada;

  • (c) a corporation incorporated under the territorial, provincial or federal laws of Canada; or

  • (d) a municipal, provincial or federal entity.

  • SOR/2007-87, s. 8.

Management Agreement

[SOR/2015-160, s. 10(F)]

 No heliport operator shall manage another heliport operator’s heliport unless they are authorized to do so in the heliport operations manual of the other operator’s heliport.

  • SOR/2007-87, s. 8.

[305.06 and 305.07 reserved]

Division II — Certification

Application and Issuance of a Heliport Certificate

  •  (1) An applicant for a heliport certificate shall

    • (a) submit to the Minister the application;

    • (b) ensure that the heliport meets the certification requirements and criteria set out in these Regulations and the applicable heliport standard;

    • (c) submit to the Minister for approval their copy of a proposed heliport operations manual that describes the manner in which the heliport meets the requirements and criteria referred to in paragraph (b) and the physical specifications of the heliport; and

    • (d) submit to the Minister proof that the applicant has consulted with the local government authority relating to the proposed heliport and adjacent land in accordance with the requirements of the applicable heliport standard.

  • (2) Subject to subsection 6.71(1) of the Act, the Minister shall, after receipt of an application for a heliport certificate, issue the certificate if the applicant demonstrates to the Minister the ability

    • (a) to maintain an organizational structure in accordance with the requirements of their heliport operations manual;

    • (b) to maintain an operation of aviation activities at the heliport that ensures the operational requirements set out in their heliport operations manual are met; and

    • (c) to conduct operations at the heliport in a safe manner.

  • (3) For the purposes of subsection (2), an applicant shall have

    • (a) an organization capable of exercising heliport operational management; and

    • (b) operational support services and equipment that are in accordance with their heliport operations manual.

  • (4) If a heliport does not meet a requirement set out in the applicable heliport standard, the Minister may specify replacement conditions to be included in the heliport operations manual that relate to the same subject matter as the unmet requirement and that are necessary to achieve a level of safety that is equivalent to the one established by the requirement to protect the public interest and to ensure aviation safety.

  • SOR/2007-87, s. 8;
  • SOR/2015-160, s. 11(F).

Contents of a Heliport Certificate

 A heliport certificate shall contain the following information:

  • (a) the certificate number;

  • (b) the name of the heliport;

  • (c) the name of the heliport operator;

  • (d) the signature of the Minister; and

  • (e) the date of issue.

  • SOR/2007-87, s. 8.

General Conditions of a Heliport Certificate

  •  (1) The holder of a heliport certificate shall ensure that the heliport meets the applicable certification criteria set out in these Regulations and in the applicable heliport standard.

  • (2) The holder of a heliport certificate shall

    • (a) maintain the organizational structure referred to in paragraph 305.08(2)(a); and

    • (b) notify the Minister within 10 working days after any change in its legal name, trade name or managerial personnel under paragraph 305.08(3)(a).

  • (3) The holder of a heliport certificate shall conduct operations at the heliport in a safe manner.

  • SOR/2007-87, s. 8.

Transfer of a Heliport Certificate

 The Minister shall approve the transfer of a heliport certificate to a transferee and issue an amended heliport certificate only if

  • (a) the current holder of the heliport certificate notifies the Minister in writing at least 14 days before ceasing to operate the heliport that they will cease to operate the heliport as of the date specified in the notice and of the name of the transferee;

  • (b) the transferee applies in writing to the Minister for the issuance of a new heliport certificate and includes a copy of the transfer notice referred to in paragraph (a) within 14 days before the current holder ceases to operate the heliport; and

  • (c) the requirements set out in section 305.10 are met on the day of transfer and there are no indications that they will not continue to be met.

  • SOR/2007-87, s. 8.

Interim Heliport Certificate

  •  (1) The Minister may issue an interim heliport certificate in writing to the following persons authorizing them to operate a heliport:

    • (a) an applicant referred to in section 305.08, until the day of issuance of the heliport certificate that will be issued to the applicant as soon as the application procedure in respect of the issuance is completed; and

    • (b) a transferee referred to in section 305.11, until the day of issuance of an amended heliport certificate in respect of the heliport that will be issued to the transferee as soon as the application procedure in respect of the transfer is completed.

  • (2) An interim heliport certificate expires on the earlier of

    • (a) the day on which the heliport certificate or the amended heliport certificate is issued, and

    • (b) the day specified in the interim heliport certificate as the day on which it will expire.

  • (3) Except for sections 305.08 and 305.09, this Subpart applies in respect of an interim heliport certificate in the same manner as it applies in respect of a heliport certificate.

  • SOR/2007-87, s. 8.
 
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