Canadian Aviation Regulations (SOR/96-433)

Upgrading of Marking and Lighting

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.

Equivalent Marking and Lighting

• 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.

Notification of Deterioration, Failure or Malfunction

601.28 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.

Prohibition

601.29 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.

Subpart 2 — Operating and Flight Rules

Division I — General

Application — Remotely Piloted Aircraft

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

Reckless or Negligent Operation of Aircraft

602.01.1 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.

Fitness of Flight Crew Members

602.02 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.

Alcohol or Drugs — Crew Members

602.03 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.

Alcohol or Drugs — Passengers

• 602.04 (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.

Compliance with Instructions

• 602.05 (1) Every passenger on board an aircraft shall comply with instructions given by any crew member respecting the safety of the aircraft or of persons on board the aircraft.

• (2) Every crew member on board an aircraft shall, during flight time, comply with the instructions of the pilot-in-command or of any person whom the pilot-in-command has authorized to act on behalf of the pilot-in-command.

Smoking

• 602.06 (1) No person shall smoke on board an aircraft during take-off or landing or when directed not to smoke by the pilot-in-command.

• (2) No person shall smoke in an aircraft lavatory.

• (3) No person shall tamper with or disable a smoke detector installed in an aircraft lavatory without permission from a crew member or the operator of the aircraft.

Aircraft Operating Limitations

602.07 No person shall operate an aircraft unless it is operated in accordance with the operating limitations

• (a) set out in the aircraft flight manual, where an aircraft flight manual is required by the applicable standards of airworthiness;

• (b) set out in a document other than the aircraft flight manual, where use of that document is authorized pursuant to Part VII;

• (c) indicated by markings or placards required pursuant to section 605.05; or

• (d) prescribed by the competent authority of the state of registry of the aircraft.

Portable Electronic Devices

• 602.08 (1) No operator of an aircraft shall permit the use of a PED on board an aircraft if the use of the PED could adversely affect the operation of the aircraft or the functioning of the aircraft’s systems or equipment.

• (2) No person shall use a portable electronic device on board an aircraft except with the permission of the operator of the aircraft.

Fuelling with Engines Running

602.09 No person operating an aircraft shall permit the fuelling of the aircraft while an engine used for the propulsion of the aircraft is running and passengers are on board the aircraft or are embarking or disembarking, unless subsection 604.84(1), 704.33(4) or 705.40(3), as applicable, is complied with.

Starting and Ground Running of Aircraft Engines

• 602.10 (1) No person shall start an engine of an aircraft unless

  • (a) a pilot’s seat is occupied by a person who is competent to control the aircraft;

  • (b) precautions have been taken to prevent the aircraft from moving; or

  • (c) in the case of a seaplane, the aircraft is in a location from which any movement of the aircraft will not endanger persons or property.

• (2) No person shall leave an engine of an aircraft running unless

  • (a) a pilot’s seat is occupied by a person who is competent to control the aircraft; or

  • (b) where no persons are on board the aircraft,

    • (i) precautions have been taken to prevent the aircraft from moving, and

    • (ii) the aircraft is not left unattended.

Aircraft Icing

• 602.11 (1) In this section, critical surfaces means the wings, control surfaces, rotors, propellers, horizontal stabilizers, vertical stabilizers or any other stabilizing surfaces of an aircraft, as well as any other surfaces identified as critical surfaces in the aircraft flight manual.

• (2) No person shall conduct or attempt to conduct a take-off in an aircraft that has frost, ice or snow adhering to any of its critical surfaces.

• (3) Despite subsection (2), a person may conduct a take-off in an aircraft that has frost caused by cold-soaked fuel adhering to the underside or upper side, or both, of its wings if the take-off is conducted in accordance with the aircraft manufacturer’s instructions for take-off under those conditions.

• (4) Where conditions are such that frost, ice or snow may reasonably be expected to adhere to the aircraft, no person shall conduct or attempt to conduct a take-off in an aircraft unless

  • (a) for aircraft that are not operated under Subpart 5 of Part VII,

    • (i) the aircraft has been inspected immediately prior to take-off to determine whether any frost, ice or snow is adhering to any of its critical surfaces, or

    • (ii) the operator has established an aircraft inspection program in accordance with the Operating and Flight Rules Standards, and the dispatch and take-off of the aircraft are in accordance with that program; and

  • (b) for aircraft that are operated under Subpart 5 of Part VII, the operator has established an aircraft inspection program in accordance with the Operating and Flight Rules Standards, and the dispatch and take-off of the aircraft are in accordance with that program.

• (5) The inspection referred to in subparagraph (4)(a)(i) shall be performed by

  • (a) the pilot-in-command;

  • (b) a flight crew member of the aircraft who is designated by the pilot-in-command; or

  • (c) a person, other than a person referred to in paragraph (a) or (b), who

    • (i) is designated by the operator of the aircraft, and

    • (ii) has successfully completed training relating to ground and airborne icing operations under Subpart 4 or relating to aircraft surface contamination under Part VII.

• (6) Where, before commencing take-off, a crew member of an aircraft observes that there is frost, ice or snow adhering to the wings of the aircraft, the crew member shall immediately report that observation to the pilot-in-command, and the pilot-in-command or a flight crew member designated by the pilot-in-command shall inspect the wings of the aircraft before take-off.

• (7) Before an aircraft is de-iced or anti-iced, the pilot-in-command of the aircraft shall ensure that the crew members and passengers are informed of the decision to do so.

Overflight of Built-up Areas or Open-air Assemblies of Persons during Take-offs, Approaches and Landings

• 602.12 (1) For the purposes of this section and sections 602.14 and 602.15, an aircraft shall be deemed to be operated over a built-up area or over an open-air assembly of persons if the built-up area or open-air assembly of persons is within a horizontal distance of

  • (a) 500 feet from a helicopter or balloon; or

  • (b) 2,000 feet from an aircraft other than a helicopter or balloon.

• (2) Except at an airport, heliport or military aerodrome, no person shall conduct a take-off, approach or landing in an aircraft over a built-up area or over an open-air assembly of persons, in a manner that is likely to create a hazard to persons or property.

• (3) Except at an airport, heliport or military aerodrome, no person shall conduct a take-off, approach or landing in an aircraft over a built-up area or over an open-air assembly of persons unless that aircraft will be operated at an altitude from which, in the event of an engine failure or any other emergency necessitating an immediate landing, the aircraft can land without creating a hazard to persons or property.

Take-offs, Approaches and Landings within Built-up Areas of Cities and Towns

• 602.13 (1) Except if otherwise permitted under this section, section 603.66 or Part VII, no person shall conduct a take-off, approach or landing in an aircraft within a built-up area of a city or town, unless that take-off, approach or landing is conducted at an airport, heliport or a military aerodrome.

• (2) A person may conduct a take-off or landing in an aircraft within a built-up area of a city or town at a place that is not located at an airport, heliport or a military aerodrome where

  • (a) the place is not set apart for the operation of aircraft;

  • (b) the flight is conducted without creating a hazard to persons or property on the surface; and

  • (c) the aircraft is operated

    • (i) for the purpose of a police operation that is conducted in the service of a police authority, or

    • (ii) for the purpose of saving human life.

• (3) A person may conduct a take-off in a balloon within a built-up area of a city or town from a place that is not located at an airport, heliport or a military aerodrome, where

  • (a) permission to use the place as a launch site has been obtained from the land owner;

  • (b) a special aviation event is not being held at that place at the time of take-off;

  • (c) no written objection in respect of the use of the place as a launch site has been received by the Minister from a competent land use authority;

  • (d) the diameter of the launch site is no less than the greater of

    • (i) 100 feet, and

    • (ii) the greatest dimension of the balloon, be it the length, width or height, plus 25 per cent; and

  • (e) the take-off point within the launch site is upwind of the highest obstacle in the take-off path by a horizontal distance equal to the height of that obstacle, and the take-off is conducted

    • (i) using a positive rate of climb to a minimum altitude of 500 feet above the highest obstacle located within a horizontal distance of 500 feet from the balloon, or

    • (ii) where the flight path of the balloon is directly over residential or commercial buildings or over an open-air assembly of persons, using the maximum rate of climb possible, considering operational and passenger safety.

• (4) A person may conduct a landing in a balloon within a built-up area of a city or town at a place that is not located at an airport, heliport or military aerodrome, where

  • (a) the landing is necessary to avoid endangering the safety of the persons on board; and

  • (b) the pilot-in-command contacts the appropriate air traffic control unit or flight service station, either prior to landing or as soon as possible after landing, and provides

    • (i) the balloon’s nationality mark and registration mark,

    • (ii) the estimated or actual, as applicable, time and location of the landing, and

    • (iii) the reasons why it is believed that the safety of the persons on board is or was endangered.