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Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2019-06-20 and last amended on 2019-06-14. Previous Versions

Part VI — General Operating and Flight Rules (continued)

Subpart 2 — Operating and Flight Rules (continued)

Division I — General (continued)

Aircraft Icing
  •  (1) In this section, critical surfaces means the wings, control surfaces, rotors, propellers, horizontal stabilizers, vertical stabilizers or any other stabilizing surface of an aircraft and, in the case of an aircraft that has rear-mounted engines, includes the upper surface of its fuselage.

  • (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) Notwithstanding subsection (2), a person may conduct a take-off in an aircraft that has frost adhering to the underside of its wings that is caused by cold-soaked fuel, 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.

  • SOR/2014-131, s. 13
Overflight of Built-up Areas or Open-air Assemblies of Persons during Take-offs, Approaches and Landings
  •  (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.

  • SOR/2002-447, s. 1
  • SOR/2007-87, s. 9
Take-offs, Approaches and Landings within Built-up Areas of Cities and Towns
  •  (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.

  • SOR/2007-87, s. 10
  • SOR/2007-280, s. 1(F)
  • SOR/2010-304, s. 2
Minimum Altitudes and Distances
  •  (1) [Repealed, SOR/2002-447, s. 2]

  • (2) Except where conducting a take-off, approach or landing or where permitted under section 602.15, no person shall operate an aircraft

    • (a) over a built-up area or over an open-air assembly of persons unless the aircraft is operated at an altitude from which, in the event of an emergency necessitating an immediate landing, it would be possible to land the aircraft without creating a hazard to persons or property on the surface, and, in any case, at an altitude that is not lower than

      • (i) for aeroplanes, 1,000 feet above the highest obstacle located within a horizontal distance of 2,000 feet from the aeroplane,

      • (ii) for balloons, 500 feet above the highest obstacle located within a horizontal distance of 500 feet from the balloon, or

      • (iii) for an aircraft other than an aeroplane or a balloon, 1,000 feet above the highest obstacle located within a horizontal distance of 500 feet from the aircraft; and

    • (b) in circumstances other than those referred to in paragraph (a), at a distance less than 500 feet from any person, vessel, vehicle or structure.

  • SOR/2002-447, s. 2
 
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