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Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2022-08-08 and last amended on 2022-03-06. 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[Repealed, SOR/2006-86, s. 8]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 included under 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standard 621.19[Repealed, SOR/2011-285, s. 4]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)

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

 A person shall not operate a heliport referred to in subsection 305.02(1) unless a heliport certificate is issued in respect of the heliport.

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

[305.13 to 305.16 reserved]

Division III — Operator of a Heliport

Obligations of an Operator
  •  (1) The operator of a heliport shall comply with the requirements

    • (a) with respect to the heliport as a whole, the following heliport standards as identified in their heliport operations manual:

      • (i) unless the operator has voluntarily adopted the standard referred to in subparagraph (ii), for heliports in respect of which a heliport certificate was issued before the coming into force of these Regulations, the Heliport and Helideck Standards and Recommended Practices, TP 2586E, and

      • (ii) for any other heliport, standard 325 — Heliport Standards, as they read on the day on which the heliport certificate was issued;

    • (b) with respect to any procedure pertaining to the administration, heliport traffic management, safety and security, emergency response and heliport maintenance, standard 325 — Heliport Standards; and

    • (c) with respect to any replacement or improvement to the heliport since the day on which the heliport certificate was issued, the following heliport standards:

      • (i) for parts or facilities of the heliport that returned to service before the coming into force of these Regulations, the most recent applicable heliport standard for the heliport as identified in their heliport operations manual, and

      • (ii) for parts or facilities of the heliport returned to service on or after the day of coming into force of these Regulations, standard 325 — Heliport Standards, as they read on the day on which the part or facility was returned to service.

  • (2) The operator of a heliport shall

    • (a) review each aeronautical information publication as soon as possible after its issuance and immediately after the review notify the Minister and the provider of aeronautical information services of any inaccurate information contained in the publication that pertains to the heliport that they operate;

    • (b) notify the provider of an aeronautical information publication before any planned change to the heliport, the heliport facilities or the level of service at the heliport that would affect the accuracy of information contained in the publication;

    • (c) ensure that the notification is in accordance with the processes and procedures established by the provider of the aeronautical information services to meet the standards referred to in Part VIII;

    • (d) notify the provider of aeronautical information services of all changes to operational information published in the aeronautical information publications; and

    • (e) notify the Minister in writing of any change in heliport operations within 14 days after the day of the change and take the following measures, as applicable:

      • (i) if a hazardous condition has been identified, have a NOTAM issued identifying the hazard, and

      • (ii) if a change in heliport operations constitutes a change to the provisions identified in the heliport certificate, ensure that the change has been approved by the Minister.

  • (3) Subject to subsection (4), the operator of a heliport shall give to the Minister, and cause to be received at the appropriate air traffic control unit or flight service station, immediate notice of any of the following circumstances of which the operator has knowledge:

    • (a) any projection by an object through an obstacle limitation surface relating to the heliport;

    • (b) the existence of any obstruction or hazardous condition affecting aviation safety at or in the vicinity of the heliport;

    • (c) any reduction in the level of services at the heliport that are set out in an aeronautical information publication as being provided at the heliport;

    • (d) the closure of any part of the manoeuvring area of the heliport; and

    • (e) any other conditions that could be hazardous to aviation safety at the heliport and against which precautions are warranted.

  • (4) Where it is not feasible for the operator of a heliport to cause notice of a circumstance referred to in subsection (3) to be received at the appropriate air traffic control unit or flight service station, the operator of the heliport shall give immediate notice directly to the pilots who may be affected by that circumstance.

  • (5) Prior to the use of a heliport for helicopter operations, the operator of the heliport shall remove from the surface of the heliport, or from the surrounding ground over which the operator has control, any vehicle or other obstruction that is likely to be hazardous to aviation safety.

  • SOR/2007-87, s. 8
  • SOR/2015-160, s. 12
Heliport Operations Manual
  •  (1) The operator of a heliport shall, as soon as possible after the issuance of the heliport certificate,

    • (a) provide the Minister with their copy of the heliport operations manual as approved under paragraph 305.08(1)(c) and any amendments to the manual approved under paragraph (2)(b); and

    • (b) distribute copies of the applicable portions and amendments to the applicable persons and institutions referred to in the manual.

  • (2) The operator of the heliport shall

    • (a) keep their heliport operations manual up to date; and

    • (b) submit to the Minister for approval any proposed amendment to their heliport operations manual.

  • SOR/2007-87, s. 8
  • SOR/2015-160, s. 13

Division IV — General Certification Requirements

Heliport Classification

 The operator of a heliport shall determine the heliport classification in accordance with standard 325 — Heliport Standards in respect of

  • (a) the classification of non-instrument heliports; and

  • (b) performance requirements of helicopters that are expected to use the heliport.

  • SOR/2007-87, s. 8
Operational Limits

 The operator of a heliport shall determine, and record in their heliport operations manual, the heliport operational limitations in accordance with the applicable heliport standard with respect to

  • (a) load bearing strength of the TLOF when required by the applicable heliport standard;

  • (b) the maximum helicopter overall length for which each operational area at a heliport is certified; and

  • (c) the heliport classification as specified in paragraph 305.19(a) and category as determined in accordance with the applicable heliport standard.

  • SOR/2007-87, s. 8
 
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