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Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2020-10-05 and last amended on 2020-07-08. Previous Versions

Part VI — General Operating and Flight Rules (continued)

Subpart 1 — Airspace (continued)

Division I — Airspace Structure, Classification and Use (continued)

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. (zone d’incendie de forêt)

  • SOR/2002-182, s. 1
  • SOR/2020-151, s. 8(F)
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.

  • SOR/2020-151, s. 9(F)
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.

  • SOR/2020-151, s. 10(F)
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.

Hand-held Lasers
  •  (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.

    TABLE

    Montréal regionToronto regionVancouver region
    BouchervilleBramptonBurnaby
    Côte-Saint-LucHalton HillsCoquitlam
    Dollard-des-OrmeauxMarkhamDelta
    DorvalMississaugaNew Westminster
    HampsteadTorontoNorth Vancouver (City)
    LavalVaughanPort Coquitlam
    LongueuilRichmond
    MontréalVancouver
    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.

  • SOR/2020-124, s. 2
 
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