Canadian Aviation Regulations (SOR/96-433)

[601.10 to 601.13 reserved]

Division II — Aircraft Operating Restrictions and Hazards to Aviation Safety

Interpretation

601.14 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. (zone d’incendie de forêt)

Forest Fire Aircraft Operating Restrictions

601.15 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

601.16 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

• 601.17 (1) Section 601.15 does not apply to

  • (a) persons who are operating an aircraft at the request of, or with the authorization of, an appropriate fire control authority for the purpose of assisting the fire control authority in the conduct of its operations;

  • (b) persons who are operating an aircraft with the authorization of the Minister issued under subsection (2); or

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

• (2) On receipt of an application in writing, the Minister shall issue a written authorization permitting the applicant to operate an aircraft if the Minister is of the opinion that operating the aircraft is necessary for the safety of the public or to support the operation of an aerodrome that is in or adjacent to the forest fire area.

• (3) The Minister may specify conditions in the authorization governing the operation of the aircraft as are necessary for its safe and proper operation.

• (4) No person shall operate an aircraft under the authorization unless the authorization is on board and the aircraft is operated in accordance with any conditions specified in the authorization.

Orders Prohibiting or Restricting Aircraft Operation

601.18 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.

Hand-held Lasers

• 601.19 (1) No person shall have in their possession a hand-held laser with a power output rating greater than 1 milliwatt (mW)

  • (a) in the municipalities of the Montréal, Toronto and Vancouver regions listed in the table to this subsection; or

  • (b) within a 10-km radius of the geometric centre of an airport or heliport.

  Montréal region	Toronto region	Vancouver region
  Boucherville	Brampton	Burnaby
  Côte-Saint-Luc	Halton Hills	Coquitlam
  Dollard-des-Ormeaux	Markham	Delta
  Dorval	Mississauga	New Westminster
  Hampstead	Toronto	North Vancouver (City)
  Laval	Vaughan	Port Coquitlam
  Longueuil		Richmond
  Montréal		Vancouver
  Montréal-Est
  Montréal-Ouest
  Pointe-Claire
  Rosemère
  Saint-Lambert
  Westmount

• (2) Subsection (1) does not apply if

  • (a) the laser is being transported between the place where it was purchased and a dwelling-house or between dwelling-houses;

  • (b) the laser is in a dwelling-house; or

  • (c) the person is in possession of the laser for a legitimate reason, including that they

    • (i) use the laser for occupational or business purposes,

    • (ii) use the laser for educational purposes,

    • (iii) transport the laser in the course of their employment, and

    • (iv) are a member of an astronomical society.

Projection of Directed Bright Light Source at an Aircraft

601.20 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.

Requirement for Notification

• 601.21 (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.

Requirement for Pilot-in-command

• 601.22 (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.

Division III — Marking and Lighting of Obstacles to Air Navigation

Obstacles to Air Navigation

• 601.23 (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 accordance with Chapter 4 of the document 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.

Marking and Lighting of Obstacles to Air Navigation

• 601.24 (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).

Other Obstacles to Air Navigation

• 601.25 (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.

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.