Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2017-11-20 and last amended on 2017-09-15. Previous Versions

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

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.

Fitness of Flight Crew Members

 No operator of an aircraft shall require any person to act as a flight crew member and no person shall act as a flight crew member, if either the person or the operator has any reason to believe, having regard to the circumstances of the particular flight to be undertaken, that the person

  • (a) is suffering or is likely to suffer from fatigue; or

  • (b) is otherwise unfit to perform properly the person’s duties as a flight crew member.

Alcohol or Drugs — Crew Members

 No person shall act as a crew member of an aircraft

  • (a) within eight 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

  •  (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

  •  (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

  •  (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

 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

  •  (1) No operator of an aircraft shall permit the use of a portable electronic device on board an aircraft, where the device may impair 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

 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.

  • SOR/2005-341, s. 4;
  • SOR/2014-131, s. 12.
 
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