Canada Gazette

These proposed Regulations Amending the Canadian Aviation Regulations (Parts I and III) will introduce a new Subpart 5 into Part III (Aerodromes and Airports) [Subpart 305] of the Canadian Aviation Regulations (CARs) along with an associated Standard (Standard 325 — Heliports). The proposed new Subpart 305 (Heliports) with its associated Standard will revise and update the criteria in the CARs for the certification of heliports. Rigid, prescriptive criteria for heliport certification will be replaced by a set of flexible performance-based criteria. The proposed new criteria will preserve existing levels of safety while acknowledging differences in capability among different models of helicopter.

As helicopters have become larger and more sophisticated, it has become desirable to revise the criteria under which heliports are certified to recognize the capability of the more advanced types of helicopters. The prescriptive philosophy that was accepted in the past and under which the existing certification criteria were developed allowed for no flexibility in certifying heliports. In consequence, heliport certification was constrained by the limitations of the least advanced helicopter type expected to use the facility. The new criteria have been developed using a performance-based philosophy. The classification of the heliport certification is based on the obstacle environment and availability of emergency landing areas for the facility. From this fundamental information, the capability of helicopters which can safely use a proposed heliport will be determined. Under the proposed new criteria, it will be possible to certify sites which could not have been certified under the older provisions by restricting the use of the site to helicopters with enhanced capability.

Part I contains definitions affecting more than one part of the CARs and administrative provisions applicable to all parts of the CARs.

Proposed changes to the Schedule Designated Provisions which is attached to Subpart 103 (Administration and Compliance) will introduce maximum monetary penalties which may be assessed for non-compliance with new sections proposed in this amendment to the CARs.

Part III (Aerodromes and Airports) of the CARs comprises rules governing the operation of civilian aerodromes and airports in Canada. At present, the requirements for certifying a site as a heliport are set forth in the CARs within Subpart 2 (Airports) of Part III (Subpart 302). The relevant Standard is TP 2586 Heliport and Helideck Standards and Recommended Practices with some references in TP 7775 Procedures for the Certification of Aerodromes as Airports and in TP 312 Aerodrome Standards and Recommended Practices. As well as updating the certification criteria to recognize the increased capabilities of more sophisticated helicopters, the proposed amendment will separate heliport certification requirements from airport certification requirements and acknowledge the demands unique to helicopter operations.

The only difference from current requirements for site certification as applied under section 302.01 (Application) is the addition of the requirement for certification if the heliport has an instrument approach to precision limits. At present, a requirement for certification of such a facility could only be implemented under the general requirement of public interest and the safe operation of the heliport. Currently, the majority of heliport certifications (98%) are required because the site is located within the built-up area of a city or town. However, it is anticipated that advances in approach technology and in airspace management around airports will lead to an increased demand for site certification for heliports with instrument approaches to precision limits.

Under the proposed new criteria, heliports at which there is an instrument approach to precision limits will be required to be certified and will remain subject to the requirements set forth in TP 308 Criteria for the Development of Instrument Procedures. If there is no precision instrument approach at a heliport, that heliport will be classified as H1, H2 or H3 for certification purposes. To use an H1 heliport, a helicopter must be multi-engined and capable of remaining at least 4.5 m (15 ft.) above all obstacles within the approach/departure area with one engine inoperative. That is, if a helicopter using an H1 facility has a failure of one engine, the remaining engine or engines must be powerful enough to allow the helicopter to stay above any obstacles and to leave the vicinity of the facility if necessary. A helicopter using an H2 facility must have two or more engines but no further requirements are placed on them. Any helicopter may use an H3 facility.

The proposed new regulations and standards for heliport certification will not require recertification of existing heliports on the basis of their physical characteristics but will require that administration and operational characteristics be updated to satisfy the new criteria. That is, a heliport with a current certification will retain that certification although the obstacle environment or emergency landing area availability may differ from that required under the proposed criteria. If there is a change to a physical characteristic of the heliport, only that change will be required to be certified according to the proposed new criteria. However, the management of such a heliport will be required to amend any administrative or operational provisions that do not satisfy the proposed new criteria. For example, an Emergency Response Plan (ERP) that meets the new criteria would have to be introduced, if such a Plan were not in place.

Overall, the terminology used to refer to characteristics of heliport sites is to be revised and updated to reflect that recommended by the International Civil Aviation Organization (ICAO) and in general use internationally.

These provisions are closely similar to the current regulatory regime for heliports. The new criteria are in widespread voluntary use. Helicopter operators and the operators of heliports are familiar with them, and a detailed description has not been included in this Regulatory Impact Analysis Statement (RIAS).

The alternative to the promulgation of the proposed new criteria for certification of heliports as embodied in the proposed amendments to the CARs and their associated standards is continuation of the status quo.

The proposed new criteria for heliport certification were approved in principle by the Aerodromes and Airports (A&A;) Technical Committee of the Canadian Aviation Regulation Advisory Council (CARAC) in May 1997. In February 1999, an Aerodrome Safety Circular was published informing heliport operators that an exemption had been issued pursuant to subsection 5.9(2) of the Aeronautics Act which would allow any applicant for heliport certification to follow the requirements contained in either TP 2586 Heliport and Helideck Standards and Recommended Practices or the requirements which are presented in these proposed amendments. Operators of heliports have enthusiastically accepted the proposed standards for heliport certification. It is desirable that their status be formally recognized by inclusion in the CARs, as this amendment proposes.

A preliminary scan of this initiative has been done in accordance with the criteria of Transport Canada's Strategic Environmental Assessment Policy Statement — March 2001. It is not expected that these changes will produce effects that would be considered environmentally important. It has been concluded from the preliminary scan that a detailed analysis is not necessary. Further assessments or studies regarding any other environmental effects of this initiative are not likely to yield a different determination.

Throughout the development of the aviation regulations and standards Transport Canada applies risk management concepts. Where there are risk implications, the analysis of these proposed amendments to the CARs has led to the conclusion that the imputed risk is acceptable in light of the expected benefits.

Since it became possible to apply the proposed new criteria in February 1999, over 98% of new heliports and of changes to previously certified heliports have been certified in accordance with the new criteria. Their voluntary acceptance by the heliport operating segment of the aviation industry indicates that the benefits outweigh any costs associated with this proposal.

The proposed new certification standards are more flexible than the older standards. The proposed new standards will maintain an equivalent level of safety to that engendered by the older standards while allowing facilities to be certified which could not be certified under the older standards. Under the new standards, certification of a facility will be based on obstacle clearance provided and on the emergency landing areas available, whereas, under the older standards facilities were certified based on the lowest common denominator, i.e. the least capable model of helicopter which would use the heliport. Sites which could not have been certified under the previous criteria may be certified under these proposed more flexible criteria by restricting the helicopters which may use the facility to those with the capability to operate safely despite an obstacle-rich environment or limited availability of emergency landing areas. This will allow helicopter and heliport operators to expand their operations and to safely take advantage of innovative commercial opportunities. At the same time, while opportunities will increase, the level of safety of helicopter operations will be maintained by ensuring helicopters using a given facility have the inherent capability to do so safely.

Although there may be costs associated with the requirement to upgrade administrative and operational procedures in line with the proposed new certification requirements, the enthusiastic acceptance of the proposed changes indicates that the benefits are seen to be greater than costs which may be incurred by operators of certified heliports.

The fundamental technical content of these proposed regulations and standards was developed by a Transport Canada Working Group with representatives from the aviation industry, provincial governments, major Canadian aviation associations and Departmental officials participating. The proposed technical content was unanimously accepted by the A&A; Technical Committee of CARAC in May 1997. It has been available for use as an alternative standard under which a heliport could be certified to applicants for a heliport certificate or for holders of heliport certificates requesting an amendment to the certificate since February 1999.

The members of the A&A; Technical Committee were consulted with respect to these proposed amendments to the regulations at a meeting in May 2000. The actively participating members of the A&A; Technical Committee at that time included the Advisory Committee on Accessible Transportation, Aero Club of Canada, Aéroports de Montréal, Aerodevco Consultants Ltd., AirBC, Air Canada, Air Canada Pilots Association, Air Line Pilots Association, Airport Management Conference of Ontario, Air Transport Association of Canada, Alberta Aviation Council, Alberta Transportation and Utilities, Arctic Airports (Government of the Northwest Territories), Association des Gens de l'Air du Québec, Association québécoise des transporteurs aériens inc., British Columbia Aviation Council, B.C. Transportation Financing Authority, Campbell River Airport, Canadian Air Line Pilots Association, Canadian Air Traffic Control Association, Canadian Association of Fire Chiefs, Canadian Auto Workers, Canadian Business Aircraft Association, Canadian Forces Fire Marshall—2 (Department of National Defence), Canadian Owners and Pilots Association, Canadian Regional Airlines Ltd., Central Air Carrier Association, Civil Air Search and Rescue Association, Corp Air Inc., Canadian Union of Public Employees (CUPE), Department of Transportation and Works (Newfoundland and Labrador), Edmonton Regional Airports Authority, Federation of Canadian Municipalities, Jack Henderson, Highways and Transportation (Manitoba), Imperial Oil, International Association of Fire Fighters, Kelowna Airport, Liberty Airlines Limited, Ministry of Employment and Investment (British Columbia), ministère des Transports du Québec, Ministry of Transportation of Ontario, Ministry of Transportation (New Brunswick), Miramichi Airport Commission (1993) Inc., Niagara District (St. Catherines) Airport, Northern Air Transport Association, Nova Scotia Department of Transportation, Paragon Engineering Ltd., Saskatchewan Highways and Transportation, Sydney Airport Authority, Teamsters Local 31, The Calgary Airport Authority, Union of Canadian Transport Employees and the Vancouver International Airport Authority. The proposed regulations and standards were approved and recommended for adoption by the members of the Technical Committee.

The proposed amendment was presented at the Civil Aviation Regulatory Committee (CARC), which is composed of senior managers in the Civil Aviation Directorate of the Department of Transport, in October and December 2000. The members of CARC approved the proposed amendment.

These proposed Regulations will be enforced through the assessment of monetary penalties imposed under sections 7.6 to 8.2 of the Aeronautics Act, through suspension or cancellation of a Canadian aviation document or through judicial action introduced by way of summary conviction as per section 7.3 of the Aeronautics Act.

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

Notice is hereby given that the Governor in Council, pursuant to sections 4.9 (see footnote a) and 7.6 to 8.2 (see footnote b) of the Aeronautics Act, proposes to make the annexed Regulations Amending the Canadian Aviation Regulations (Parts I and III).

Interested persons may make representations concerning the proposed Regulations to the Minister of Transport, Infrastructure and Communities within 30 days after the date of publication of this notice. All such representations should cite the Canada Gazette, Part I, and the date of publication of this notice. Each representation must be in writing 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 0N8 (General inquiries – tel.: (613) 993-7284 or 1-800-305-2059; fax: (613) 990-1198; Internet address: http://www.tc.gc.ca).

Persons making representations should identify any of those representations the disclosure of which should be refused under the Access to Information Act, in particular under sections 19 and 20 of that Act, and should indicate the reasons why and the period during which the representations should not be disclosed. They should also identify any representations for which there is consent to disclosure for the purposes of that Act.

1. Part III of Schedule II to Subpart 3 of Part I of the Canadian Aviation Regulations (see footnote 1) is amended by adding the following after section 303.20:

2. Part III of the Regulations is amended by replacing the reference "SUBPART 5 — [RESERVED]" after the reference "SUBPART 4 — [RESERVED]" with the following:

"applicable heliport standard" means the standard that is applicable to a certified 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)

"certified heliport" means a heliport that is issued a certificate under section 305.08, 305.11 or 305.12. (héliport certifié)

"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 closed marking" means a marking that meets the requirements of subsection 305.41(1). (marque de zone fermée d'héliport)

"heliport certificate" means a certificate issued under section 305.08, 305.11 or 305.12. (certificat d'héliport)

"heliport operations manual" means the manual referred to in sections 305.53 to 305.57 and includes any amendments to the manual that are approved pursuant to subsection 305.08(4). (manuel d'exploitation d'héliport)

"Standard 621.19" means Standards Obstruction Markings of the General Operating and Flight Rules Standards, published by Transport Canada. (norme 621.19)

"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)

305.02 (1) Subject to subsection (2), this Subpart applies in respect of the operation of a heliport

(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.

305.03 No person shall operate a heliport referred to in subsection 305.02(1) unless a heliport certificate is issued in respect of the heliport and the person complies with the requirements of the heliport certificate and operates the heliport in accordance with the heliport operations manual.

305.05 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.

(a) submit to the Minister an application providing the information required by the applicable heliport standard;

(b) ensure that the heliport meets the certification criteria set out in these Regulations and the applicable heliport standard;

(c) submit to the Minister for approval a copy of a proposed heliport operations manual that describes the manner in which the heliport meets the 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 applicable heliport standard.

(2) Subject to subsection 6.71(1) of the Act, the Minister shall, on receipt of an application submitted with the information required by the applicable heliport standard, issue a heliport 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

(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 a replacement condition to be included in the heliport operations manual that relates to the same subject matter as the unmet requirement and that is 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.

305.10 (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.

(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.

305.11 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 the holder 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 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, for the issuance of a new heliport certificate; and

(c) the requirements set out in section 305.10 are met at the time of transfer and there are no indications that they will not continue to be met.

305.12 (1) The Minister may, in writing, issue an interim heliport certificate to the following persons authorizing them to operate a heliport as a certified heliport:

(a) an applicant referred to in section 305.08, until the day of issuance of the heliport certificate, which 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 a new 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.

(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 and paragraphs 305.10(b) and (d), this Subpart applies in respect of an interim heliport certificate in the same manner as it applies in respect of a heliport certificate.

305.17 (1) The operator of a certified heliport shall comply with the requirements of

(a) with respect to the heliport as a whole, the following heliport standards as identified in the 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 it read on the day on which the part or facility was returned to service.

(a) review each aeronautical information publication as soon as possible after its issuance and immediately after such 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 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, issue a NOTAM 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 the 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;

(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 the 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 shall give immediate notice directly to the pilots who may be affected by that circumstance.

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

305.18 (1) The operator of a heliport shall, as soon as possible after the issuance of the heliport certificate,

(a) provide the Minister with a copy of the heliport operations manual as approved under paragraph 305.10(b) 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.

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

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

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

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

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

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

305.21 Unless otherwise specified in the applicable heliport standard, units of measurement used in this Division and in the heliport operations manual shall use the following rounding rules and specified measurement units:

(f) water depths, measured in the specified unit expressed, to the nearest foot or metre; and

(g) range of tides or water levels, measured in the specified unit expressed, to the nearest foot or metre.

(b) no FATO is used to accommodate the manoeuvres of more than one helicopter at a time.

(2) Subject to subsections (3) to (6), the operator of a certified heliport shall ensure that the heliport meets the requirements set out in the applicable heliport standard in respect of

(i) air taxiways,

(ii) helicopter ground taxiways,

(iii) helicopter ground taxiway shoulders, and

(iv) helicopter ground taxiway strips;

(3) The operator of a surface-level certified heliport shall ensure that the heliport meets the special requirements for a surface-level heliport set out in the applicable heliport standard in respect of

(4) The operator of an elevated or rooftop certified heliport shall ensure that the heliport meets the special requirements for an elevated or rooftop heliport set out in the applicable heliport standard in respect of

(5) The operator of a heliport located on an aerodrome primarily designed to serve aeroplanes shall ensure that the heliport meets the special requirements for a heliport located on an aerodrome set out in the applicable heliport standard in respect of

(6) The operator of an H1 heliport or an H2 heliport, as the case may be, shall ensure that the heliport meets the special requirements for an H1 heliport or an H2 heliport set out in the applicable heliport standard in respect of FATOs and TLOFs.

305.29 (1) Subject to subsections (2) to (4), the operator of a certified heliport shall establish the following obstacle limitation surfaces in accordance with the applicable heliport standard for a non-instrument, non-precision or precision FATO and meet the special requirements for them set out in the applicable heliport standard:

(2) The operator of an H1 heliport shall ensure that the heliport meets the special requirements for obstacle limitation surfaces for non-instrument FATOs set out in the applicable heliport standard for an H1 heliport in respect of approach or take-off surfaces.

(3) The operator of an H1 heliport shall conduct a survey of the approach and departure path area to determine obstacle information and submit a copy to the Minister at the time of the initial heliport certification and after that at least once every five years, unless no new obstacle has been established in the approach and departure path area during the five-year period and a report to that effect is made to the Minister.

(4) The operator of an H2 heliport shall ensure that the heliport meets the special requirements for obstacle limitation surfaces for non-instrument FATOs set out in the applicable heliport standard for an H2 heliport in respect of approach or take-off surfaces.

(5) The operator of a certified heliport equipped with an instrument FATO shall ensure that the heliport meets the special requirements for obstacle limitation surfaces for instrument FATOs set out in the applicable heliport standard.

305.31 (1) The operator of a certified heliport shall equip the heliport with at least one wind direction indicator and meet the requirements for wind direction indicators set out in the applicable heliport standard.

(2) The operator of a certified heliport shall meet the requirements for heliport markings set out in the applicable heliport standard in respect of

(b) in the case of a hospital heliport, hospital heliport identification marking;

(l) where a helicopter parking position is provided, a helicopter parking position marking;

(m) where a helicopter parking position is provided and helicopters are required to have a specific alignment on the parking position, an alignment marking;

(n) where a helicopter parking position is not large enough for the heliport's largest allowable helicopter or where the size of the parking position is limited by the minimum separation requirement to an obstacle or an adjacent parking position, a helicopter parking position information marking; and

(o) where passengers are required to walk on a specific path on an apron between a helicopter parking position and the passenger terminal, an apron passenger path marking.

305.33 (1) The operator of a certified heliport shall extinguish, screen or otherwise modify a ground light, other than an aeronautical ground light, that may cause confusion to heliport users within the heliport boundary or other spaces within the boundaries of the control of the heliport operator.

(2) The operator of a certified heliport shall meet the requirements set out in the applicable heliport standard in respect of the installation of

(3) The operator of a certified heliport equipped with a non-instrument FATO that is certified to be available for use at night shall provide a direction lighting system that meets the requirements set out in the applicable heliport standard where

(a) at least one approach and departure path is required to be indicated to pilots; and

(b) obstacle clearance, noise abatement or traffic control procedures require that a specific direction be flown.

(4) The operator of a certified heliport shall provide a visual approach slope indicator system that meets the requirements set out in the applicable heliport standard where

(b) obstacle clearance, noise abatement or traffic control procedures require that a particular slope be flown; or

(5) Where a heliport approach path indicator or an abbreviated heliport approach path indicator is provided at a certified heliport, the visual approach slope indicator system shall meet the general design requirements and specific requirements set out in the applicable heliport standard.

(6) The operator of a certified heliport shall monitor the visual approach slope indicator system provided at a heliport in accordance with the applicable heliport standard.

(7) Where a visual approach slope indicator system is provided, the operator of a certified heliport shall provide, when required, an obstacle protection surface (OPS) in accordance with the applicable heliport standard.

(8) The operator of a certified heliport shall provide FATO lights that meet the requirements of the applicable heliport standard for

(a) a surface-level heliport unless the FATO and the TLOF are coincidental or the extent of the FATO is self-evident;

(c) where an illuminated TLOF is not provided, a FATO that is certified to be available for use at night unless the FATO edge marking is clearly visible to heliport users by means of external floodlighting.

(9) Where a TLOF is not located within a FATO that is certified to be available for use at night, the operator of a certified heliport shall illuminate the aiming point in accordance with the applicable heliport standard.

(10) The operator of a certified heliport shall provide TLOF lights consisting of perimeter lights, floodlights or luminescent panels for a TLOF that is certified to be available for use at night and if the size of the TLOF is not coincidental with the FATO, in accordance with the applicable heliport standard.

(11) Where a rejected take-off area is established for a surface-level heliport that is certified to be available for use at night, the operator of a certified heliport shall provide rejected take-off area lights in accordance with the applicable heliport standard.

(12) The operator of a certified heliport shall provide taxiway centre line lights in accordance with the applicable heliport standard for a taxiway that is used in runway visual range conditions of less than 1200 feet or in conditions of ground visibility of less than one-quarter statute mile.

(13) The operator of a certified heliport shall provide taxiway edge lights in accordance with the applicable heliport standard for a taxiway which is available at a heliport that is certified to be available for use at night and that is not provided with taxiway centre line lights.

(14) Where an apron is available at a heliport that is certified for use at night, the operator of the heliport shall provide apron edge lights, retro-reflective edge markers or apron floodlighting in accordance with the applicable heliport standard.

305.35 (1) The operator of a certified heliport shall ensure that the markers installed at the heliport are either flush mounted or lightweight and frangibly mounted and meet the requirements set out in the applicable heliport standard.

(2) The operator of a certified heliport shall provide FATO markers as set out in the applicable heliport standard where

(3) The operator of a certified heliport shall provide taxiway edge markers as set out in the applicable heliport standard where it is necessary to travel along a ground taxiway to or from a FATO to an apron, unless

(4) The operator of a certified heliport shall provide air taxiway markers where it is necessary to travel by air to or from a FATO to an apron via a specific corridor in accordance with the applicable heliport standard.

305.37 (1) Subject to subsection (4), the operator of a certified heliport shall ensure that obstacles, other than aircraft, on the movement, manoeuvring and safety areas of the heliport are marked and lighted as follows:

(a) vehicles and other mobile objects on the movement area shall be marked so as to be visible to pilots during aircraft operations;

(b) where the heliport is used at night or in conditions of low visibility, vehicles and other mobile objects on the manoeuvring area shall be lighted;

(d) in accordance with the applicable heliport standard, a fixed object located on the safety area shall be

(2) The operator of a certified heliport shall mark and, if the heliport is certified to be available for use at night, light fixed obstacles located within the area identified in the applicable heliport standard, except where the obstacle is

(a) shielded by another fixed obstacle that is marked in accordance with standard 621.19;

(d) not more than 150 m above the adjacent ground and lighted in accordance with standard 621.19.

(3) The operator of a certified heliport where a fixed object that is more than 150 m above the surrounding ground is located within the area identified in the applicable heliport standard shall

(a) light the object by high-intensity obstacle lights by day in accordance with standard 621.19; or

(4) The operator of a certified heliport shall mark an elevated obstacle on the helicopter ground taxiway strips and, where the heliport is certified to be available for use at night, light the obstacle.

(5) The operator of a certified heliport shall mark an obstacle referred to in subsection (2) except if an aeronautical safety analysis determines that

(b) retro-reflective tape or markers are sufficiently conspicuous to be used instead of lights.

305.38 (1) The operator of a certified heliport shall ensure that a fixed obstacle or a mobile obstacle on the heliport is marked in accordance with the applicable heliport standard.

305.39 (1) The operator of a certified heliport shall light a fixed obstacle in accordance with standard 621.19.

(2) The operator of a certified heliport shall ensure that maintenance and service vehicles in use display lights in accordance with the applicable heliport standard.

(3) The operator of a certified heliport shall ensure that emergency vehicles in use that are required to be lighted display the lights specified in the applicable heliport standard.

305.41 (1) When a FATO, helicopter parking position, taxiway, or any part of those areas is permanently closed, the operator of a certified heliport shall display a closed marking on the area that meets the requirements set out in the applicable heliport standard.

(2) When an area of a certified heliport is temporarily closed or an area is snow-covered, the heliport operator shall ensure that

(b) a closed marking referred to in subsection (1) is displayed on the affected area.

(3) The operator of a certified heliport shall ensure that non-load-bearing surfaces adjacent to a FATO, helicopter parking position or taxiway that cannot be visually distinguished from load-bearing surfaces are marked as set out in the applicable heliport standard.

(4) The operator of a certified heliport shall ensure that unserviceability markers consisting of flags, cones or marker boards that meet the requirements of the applicable heliport standard and positioned in conformity with that standard are displayed on any part of a taxiway or apron that is unfit for the movement of aircraft.

(5) The operator of a certified heliport shall ensure that unserviceability lights that meet the requirements of the applicable heliport standard are displayed in conformity with that standard wherever any portion of a taxiway or apron at a heliport that is certified to be available for use at night is unfit for the movement of aircraft.

305.43 (1) The operator of a certified heliport shall ensure that the lights of a visual approach slope indicator system, when required and installed as specified in subsection 305.33(4), are aligned by means of

(a) a daily inspection of alignment and, if necessary, a correction of any misalignment of more than 3 minutes of arc; or

(2) The operator of a certified heliport shall ensure that a fence or other barrier is installed on the heliport and that the fence or other barrier meets the requirements of the applicable heliport standard.

(3) The operator of a certified heliport or a person under the operator's authority shall direct any vehicle that is operated on an apron or manoeuvring area of the heliport or, in the case of a vehicle in a manoeuvring area, shall ensure that the vehicle's operation is under the direction of the air traffic services unit or the heliport operator or a person working under their authority.

(4) The operator of a certified heliport shall ensure that equipment required for air navigation purposes that is located on a safety area, a taxiway strip or within the separation distances specified in the applicable heliport standard is located, constructed and installed in accordance with that standard.

(5) The operator of a certified heliport shall ensure that visual aids, precision approach FATO lights and centre line lights on a taxiway are maintained in accordance with the applicable heliport standard.

305.45 (1) The operator of a certified heliport shall develop and have available a heliport emergency response plan at the heliport.

(2) The operator of a certified heliport shall identify in the emergency response plan those organizations that are capable of providing assistance in responding to an emergency at the heliport or in its vicinity.

(3) The operator of a certified heliport shall specify in the plan the procedures to be followed for

(4) Where an approach and departure path at a certified heliport is located over water, the operator of the heliport shall specify in the plan

(a) the organization that is responsible for co-ordinating rescue in the event of an aircraft ditching; and

(5) The operator of a certified heliport shall include in the plan the information required in accordance with Standard 325 — Heliport Standards.

(6) The operator of a certified heliport shall consult with all organizations identified in the plan concerning their role in the emergency response plan.

(7) The operator of a certified heliport shall annually review the plan and update the information.

(8) The operator of a certified heliport that provides a scheduled service for the transport of passengers shall carry out a test of the emergency response plan at intervals not exceeding three years.

305.46 (1) The operator of a surface-level certified heliport or of a certified heliport over a parking garage or on an elevated structure that is not an occupied building shall ensure that fire protection services are provided at the heliport and that the fire protection and the standard for the fire resistance of the structure meet the requirements of the applicable heliport standard.

(2) The operator of a rooftop certified heliport shall ensure that fire protection services are provided at the heliport and that the fire protection and the standard for fire resistance meet the requirements of the applicable heliport standard.

305.47 (1) The operator of a certified heliport shall determine the requirements for extinguishing agents and equipment used for fire protection at the heliport based on the longest dimension helicopter for which the heliport has been certified and ensure that the agents and equipment are in accordance with the applicable heliport standard.

(a) extinguishing agents that meet the requirements of the applicable heliport standard; and

(b) a fire extinguisher or fire fighting system that is protected from freezing.

305.48 The operator of a rooftop certified heliport shall ensure that a minimum of one trained safety person is in attendance during helicopter operations.

305.49 The operator of a certified heliport shall provide initial and recurrent training to safety personnel provided at the heliport in accordance with the applicable heliport standard.

305.53 (1) The provisions of this Subpart that specify the procedures for making a heliport operations manual also apply in respect of any amendment to the manual.

(2) The operator of a certified heliport shall set out in the heliport operations manual

(a) the heliport certification standards that were met for issuance of the heliport certificate; and

(b) the level and types of services to be provided by the operator of the heliport.

(3) The operator of a certified heliport shall operate the heliport in accordance with the heliport operations manual.

305.54 (1) The operator of a certified heliport shall determine, and record in the heliport operations manual, the following data in respect of the heliport in accordance with the applicable heliport standard:

(ii) the heliport geometric centre,

(iii) the FATO coordinates,

(iv) the heliport elevation,

(v) the heliport magnetic variation, and

(vi) where installed, the electronic navigation aids; and

(i) the heliport type,

(ii) the dimensions, slope and surface type of all TLOFs,

(iii) the length, width, slope, category, surface type and designation number of all FATOs,

(iv) the length, width and surface type of all safety areas,

(v) the designation, width and surface type of helicopter ground and air taxiways,

(vi) the apron surface type and description of helicopter parking positions, and

(vii) the declared distances for

(2) The operator of a certified heliport shall ensure that a heliport geometric centre is redetermined and recorded in the manual if the physical characteristics of the heliport change because

(3) The operator of a certified heliport shall report the heliport data specified in paragraph (1)(a) to NAV Canada, Aeronautical Information Services within 14 days after the Minister's approval of certification.

305.55 The operator of a certified heliport shall ensure that the heliport operations manual for the heliport contains

(b) information relating to the administration of the heliport including but not limited to

(i) a copy of any amendments to the manual and the page numbers affected,

(ii) a list of holders of copies of the manual or of portions of it,

(iii) a description of the procedure for amending the manual,

(iv) a description of the organizational structure of the heliport management,

(v) a description of the operational procedures of the heliport,

(vi) a declaration, signed and dated by the operator, in which they agree to fulfill the obligations of the operator referred to in section 305.17,

(vii) a statement, signed and dated by the operator, certifying that the heliport operations manual is complete and accurate, and that the operator agrees to comply with all of the conditions and specifications set out in it,

(viii) a statement, signed by the Minister, that the heliport operations manual and any amendments to it have been approved,

(ix) a copy of any agreement or memorandum of understanding that affects the operation of the heliport, including the provision of emergency services at the heliport, and

(x) the information necessary to verify that the heliport meets the applicable heliport standard.

305.56 The operator of a heliport shall ensure that the heliport operations manual sets out the information specified in subsection 305.25(1).

305.57 The operator of a certified heliport shall ensure that the following are provided in accordance with the applicable heliport standard and recorded in the heliport operations manual:

(e) the visual aids utilized for denoting restricted use areas set out in section 305.41;

3. These Regulations come into force on the day on which they are registered.

S.C. 2004, c. 15, s. 18; S.C. 2001, c. 29, s. 39; S.C. 1992, c. 4, s. 21; S.C. 2001, c. 29, ss. 41 and 42