Vol. 144, No. 23 — June 5, 2010

Regulations Amending the Canadian Aviation Regulations (Parts I, III and VI — Marking and Lighting)

Statutory authority

Aeronautics Act

Sponsoring department

Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

The marking and lighting of obstacles to air navigation provides day and night conspicuity, assisting pilots in identifying and avoiding these obstacles. At present, section 601.19, Orders Regarding the Marking and Lighting of Hazards to Aviation Safety, of the Canadian Aviation Regulations states that the Minister may direct by order the marking or lighting of hazardous obstacles in accordance with standard 621.19, Standards Obstruction Markings. These standards state that compliance is voluntary and use the conditional word “should” when referring to specific requirements.

The wording of section 601.19 of the Canadian Aviation Regulations creates confusion as to what the Regulations really require as it may be interpreted to mean that the requirement to mark and light applies only to obstacles that are subject to a ministerial order. Furthermore, the wording of the standards makes it difficult for stakeholders to determine whether obstacles meet minimum marking and lighting prerequisites.

The vast majority of persons who have the responsibility for or control over an obstacle to air navigation already meet or strive to meet the marking and lighting standards in order to protect their structures from collisions and avoid the potential litigation that could result from such collisions. These persons as well as marking and lighting manufacturers have expressed the desire for mandatory standards that would confirm minimum marking and lighting requirements. Further, third-party testing laboratories that certify marking and lighting products have also requested clarification, as they cannot certify product compliance to voluntary standards.

These proposed amendments would clarify the intent of section 601.19, defining which obstacles to air navigation are subject to requirements, confirming the responsibility of those who have responsibility for or control over these obstacles and revising standards to reflect current technical advances.

Description and rationale

These proposed amendments will include

— the definitions of obstacle to air navigation;

— the obligation to mark and light the obstacles to air navigation designated by these proposed amendments;

— the obligation to notify the Minister of any new structure or addition to an existing structure and the requirement to mark and light this new structure or addition;

— the marking and lighting prerequisites for continued compliance;

— the introduction of administrative monetary penalties; and

— the prohibition against altering or damaging marking and lighting displays.

These proposed amendments would anchor the requirement to mark and light obstacles to air navigation in the regulation, removing the necessity to use ministerial orders, a slow process that results in lengthy exposure to unsafe situations. The amendments would clarify the applicable scheme and provide stakeholders with consistent criteria. The existing costs of marking and lighting obstacles would not increase as nearly all persons who have responsibility for or control over an obstacle to air navigation are already complying. In many instances, costs would be lessened due to the introduction of new technologies now allowed by the standards (e.g. light-emitting diode [LED] lighting now allowed by the new standards results in lower maintenance cost because of its long lifetime).

Consultation

A working group composed of government, aviation stakeholders (e.g. Air Line Pilots Association, Air Canada Pilots Association, Canadian Owners and Pilots Association) and non-aviation stakeholders (e.g. Manitoba Hydro, Intersignal Aviation Obstruction Inc., Crouse-Hinds Airport Lighting Products, CBC Southern Ontario, Siemens Electric Ltd, Honeywell) was convened in September 2001 to revise section 601.19 of the Canadian Aviation Regulations and the attendant standards. The group’s conclusions were presented at the Canadian Aviation Regulation Advisory Council General Operating and Flight Rules Technical Committee meeting held on December 9, 2003.

The members of this technical committee, which includes representatives of government, aeronautical associations (Ultralight Pilots Association of Canada, Canadian Owners and Pilots Association, Air Transport Association of Canada, Air Line Pilots Association, Air Canada Pilot Association), and unions (e.g. Canadian Union of Public Employees), recommended these proposed amendments.

Civil Aviation Regulatory Affairs sent a letter to the affected aviation and non-aviation stakeholders on August 5, 2009, informing them of the Minister’s intention to move forward with this regulatory proposal. Stakeholders did not forward comments.

Implementation, enforcement and service standards

Compliance with these proposed requirements will be enforced through the assessment of monetary penalties imposed under subsection 7.6(1) of the Aeronautics Act.

Contact

Chief
Regulatory Affairs, AARBH
Safety and Security
Transport Canada
Place de Ville, Tower C
Ottawa, Ontario
K1A 0N8
Telephone: 613-993-7284 or 1-800-305-2059 (general inquiries)
Fax: 613-990-1198
Web site: www.tc.gc.ca

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council proposes, pursuant to section 4.9 (see footnote a) and subsection 7.6(1) (see footnote b) of the Aeronautics Act (see footnote c), to make the annexed Regulations Amending the Canadian Aviation Regulations (Parts I, III and VI — Marking and Lighting).

Interested persons may make representations concerning the proposed Regulations to the Minister of Transport within 30 days after the date of publication of this notice. All such representations must be in writing and cite the Canada Gazette, Part I, and the date of publication of the notice and be sent to the Chief, Regulatory Affairs (AARBH), Civil Aviation, Safety and Security Group, Department of Transport, Place de Ville, Tower C, 330 Sparks Street, Ottawa, Ontario K1A 0N5 (general inquiries — tel.: 613-990-1184 or 1-800-305-2059; fax: 613-990-1198; Internet address: http://www.tc.gc.ca).

Ottawa, May 27, 2010

JURICA ČAPKUN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE CANADIAN AVIATION REGULATIONS
(PARTS I, III AND VI — MARKING AND LIGHTING)

AMENDMENTS

1. Subsection 101.01(1) of the Canadian Aviation Regulations (see footnote 1) is amended by adding the following in alphabetical order:

“obstacle limitation surface” means a surface that establishes the limit to which objects may project into an aerodrome’s airspace, so that aircraft operations for which the aerodrome is intended may be conducted safely, and consists of a transitional surface, a take-off surface, an approach surface and an outer surface; (surface de limitation d’obstacles)

“Standard 621” means the Obstruction Marking and Lighting Standard of the General Operating and Flight Rules Standards, published by the Department of Transport. (norme 621)

2. Part VI of Schedule II to Subpart 3 of Part I of the Regulations is amended by adding the following after the reference “Subsection 601.22(1)”:

Column I Designated Provision	Column II Maximum Amount of Penalty ($)
	Individual	Corporation
Subsection 601.24(1)	1,000	5,000
Subsection 601.24(2)	5,000	25,000
Paragraph 601.25(2)(a)	3,000	15,000
Paragraph 601.25(2)(b)	1,000	5,000
Section 601.26	5,000	25,000
Subsection 601.27(1)	1,000	5,000
Section 601.28	3,000	15,000

3. The definition “obstacle limitation surface” in section 300.01 of the Regulations is repealed.

4. The definition “standard 621.19” in section 305.01 of the Regulations is repealed.

5. Section 601.19 of the Regulations and the heading before it are replaced by the following:

[601.19 reserved]

6. The reference “[601.23 to 601.25 reserved]” after subsection 601.22(2) of the Regulations is replaced by the following:

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 on it, constitutes an obstacle to air navigation if

(a) it penetrates an airport obstacle limitation surface as calculated in Chapter 4 of the Standard 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 a building, structure or object, modify an existing building, structure or object, or launch an object that will constitute an obstacle to air navigation shall notify the Minister of the proposed construction, modification or launch in accordance with the requirements of Standard 621.

(2) A person who has responsibility for or control over a building, structure or object that constitutes an obstacle to air navigation shall mark and light the building, structure or object in accordance with the requirements of Standard 621.

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.

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.

Notification of Deterioration, Failure or Malfunction

601.28 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.

Prohibition

601.29 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.

7. The Regulations are amended by replacing “standard 621.19” with “Standard 621” in the following provisions:

(a) section 305.37;

(b) subsection 305.38(2); and

(c) subsection 305.39(1).

COMING INTO FORCE

8. These Regulations come into force on the day on which they are published in the Canada Gazette, Part II.

[23-1-o]

Footnote a
S.C. 1992, c. 4, s. 7

Footnote b
S.C. 2004, c. 15, s. 18

Footnote c
R.S., c. A-2

Footnote 1
SOR/96-433

NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with extensible hypertext markup language (XHTML 1.0 Strict).