Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2017-09-27 and last amended on 2017-09-15. Previous Versions

IFR Flight in Class A, B, C, D or E Airspace or Class F Special Use Restricted or Class F Special Use Advisory Controlled Airspace

  •  (1) No person shall operate an IFR aircraft in Class A, B, C, D or E airspace or in Class F Special Use Restricted or Class F Special Use Advisory controlled airspace unless the aircraft is operated in accordance with an air traffic control clearance or an authorization issued by the Minister.

  • (2) The Minister may issue an authorization referred to in subsection (1) where the operation of the aircraft is in the public interest and is not likely to affect aviation safety.

VFR Flight in Class A Airspace

  •  (1) No person shall operate a VFR aircraft in Class A airspace unless the aircraft is operated in accordance with an authorization issued by the Minister.

  • (2) The Minister may issue an authorization referred to in subsection (1) where the operation of the aircraft is in the public interest and is not likely to affect aviation safety.

VFR Flight in Class B Airspace

  •  (1) No person shall operate a VFR aircraft in Class B airspace unless the aircraft is operated in accordance with an air traffic control clearance or an authorization issued by the Minister.

  • (2) The Minister may issue an authorization referred to in subsection (1) where the operation of the aircraft is in the public interest and is not likely to affect aviation safety.

  • (3) The pilot-in-command of a VFR aircraft operating in Class B airspace in accordance with an air traffic control clearance shall, when it becomes evident that it will not be possible to operate the aircraft in VMC at the altitude or along the route specified in the air traffic control clearance,

    • (a) where the airspace is a control zone, request authorization to operate the aircraft in special VFR flight; and

    • (b) in any other case,

      • (i) request an amended air traffic control clearance that will enable the aircraft to be operated in VMC to the destination specified in the flight plan or to an alternate aerodrome, or

      • (ii) request an air traffic control clearance to operate the aircraft in IFR flight.

VFR Flight in Class C Airspace

  •  (1) Subject to subsection (2), no person operating a VFR aircraft shall enter Class C airspace unless the person receives a clearance to enter from the appropriate air traffic control unit before entering the airspace.

  • (2) The pilot-in-command of a VFR aircraft that is not equipped with radiocommunication equipment capable of two-way communication with the appropriate air traffic control unit may, during daylight in VMC, enter Class C airspace if the pilot-in-command receives authorization to enter from the appropriate air traffic control unit before entering the airspace.

  • (3) Class C airspace becomes Class E airspace when the appropriate air traffic control unit is not in operation.

VFR Flight in Class D Airspace

  •  (1) Subject to subsection (2), no person operating a VFR aircraft shall enter Class D airspace unless the person establishes two-way radio contact with the appropriate air traffic control unit before entering the airspace.

  • (2) The pilot-in-command of a VFR aircraft that is not equipped with radiocommunication equipment capable of two-way communication with the appropriate air traffic control unit may, during daylight in VMC, enter Class D airspace if the pilot-in-command receives authorization to enter from the appropriate air traffic control unit before entering the airspace.

  • (3) Class D airspace becomes Class E airspace when the appropriate air traffic control unit is not in operation.

[601.10 to 601.13 reserved]

Division II — Aircraft Operating Restrictions and Hazards to Aviation Safety

Interpretation

 In this Division,

directed bright light source

directed bright light source means any directed light source (coherent or non-coherent), including lasers, that may create a hazard to aviation safety or cause damage to an aircraft or injury to persons on board the aircraft; (source lumineuse dirigée de forte intensité)

fire control authority

fire control authority means an official of a government forestry service or other fire control agency that is responsible for the protection of persons and property against fire; (responsable de la lutte contre l’incendie)

forest fire area

forest fire area means an area on the surface of the earth on which standing timber, grass or any other vegetation or buildings are burning. (région sinistrée)

  • SOR/2002-182, s. 1.

Forest Fire Aircraft Operating Restrictions

 No person shall operate an aircraft

  • (a) over a forest fire area, or over any area that is located within five nautical miles of a forest fire area, at an altitude of less than 3,000 feet AGL; or

  • (b) in any airspace that is described in a NOTAM issued pursuant to section 601.16.

Issuance of NOTAM for Forest Fire Aircraft Operating Restrictions

 The Minister may issue a NOTAM that relates to restrictions on the operation of aircraft in the case of a forest fire and that describes

  • (a) the location and dimensions of the forest fire area; and

  • (b) the airspace in which forest fire control operations are being conducted.

Exceptions

 Section 601.15 does not apply to

  • (a) persons who are operating an aircraft at the request of an appropriate fire control authority; and

  • (b) Department of Transport personnel who are operating an aircraft in the performance of duties related to surveillance and the enforcement of aviation legislation.

Orders Prohibiting or Restricting Aircraft Operation

 The Minister may make orders prohibiting or restricting the operation of aircraft over such areas as are specified by the Minister, either absolutely or subject to such exceptions or conditions as may be specified by the Minister.

 [Reserved, SOR/2011-285, s. 5]

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.
 
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