Exemption from Paragraph 12.5 of Standard 621 – Chapter 12, Marking and Lighting of Wind Turbines and Wind Farms and Paragraph 601.24(2)(a) of the Canadian Aviation Regulations

NCR-010-2017

Pursuant to subsection 5.9(2) of the Aeronautics Act, and after taking into account that the exemption is in the public interest and is not likely to adversely affect aviation safety, I hereby exempt Canadian wind farm owners/operators from the requirements of paragraph 12.5 Temporary Lighting during Construction of Standard 621-Chapter 12- Marking and Lighting of Wind turbines and Wind farms made pursuant to paragraph 601.24(2)(a) of the Canadian Aviation Regulations (CARs), subject to the following conditions.

Paragraph 601.24(2)(a) of the CARs and paragraph 12.5 of Standard 621 are set out in Appendix A of this exemption.

Purpose

This exemption enables the person who has responsibility for or control over a Canadian windfarm to use a single CL-810 light unit for temporary lighting of a windturbine during construction if the light is clear of any blocking structure excluding the windturbine blades if present.

Application

This exemption applies to the person who has responsibility for or control over a Canadian windfarm and who plans to install temporary lighting for windturbines during construction.

This exemption ceases to apply to a person breaching a condition of the exemption.

Conditions

This exemption is subject to the following condition:

  1. The person who has responsibility for or control over a Canadian windfarm shall ensure that where temporary lighting is installed and only one CL-810 light is used, the lighting is clear of any blocking structure with exception of the windturbine blades if present, so that the light can be seen by a pilot through 360 degrees.

Validity

This exemption is in effect until the earliest of:

  • a) January 31, 2019 at 23:59 EST;
  • b) the date on which the design criteria of the exempted lighting is incorporated into Standard 621 -Chapter 12─ Marking and Lighting of Wind turbines and Wind farms;
  • c) the date on which the exemption is cancelled by the Minister, in writing, where he is of the opinion that it is no longer in the public interest or that it is likely to adversely affect aviation safety.

Dated at Ottawa, Ontario, on this 26th day of June, 2017, on behalf of the Minister of Transport.

“Original signed by Michel Béland (for)”

Aaron McCrorie
Director General, Aviation Safety Regulatory Framework
Civil Aviation

Appendix A

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).

SOR/2011-285, s. 6.

Chapter 12 - Marking and Lighting of Wind Turbines and Windfarms

12.5 Temporary Lighting During Construction. In order to ensure conspicuity of turbines at night during construction, all turbines are lit with temporary lighting once they reach a height of 60m or greater until such time the permanent lighting configuration is turned on. As the height of the structure continues to increase, the temporary lighting is relocated to the uppermost part of the structure. The temporary lighting may be turned off for periods when it would interfere with construction personnel. If practical, permanent CL-864 and CL-810 obstruction lights are installed and operated at each level as construction progresses. At least two CL-810 fixtures are used to light the structure during the construction phase. The lights are positioned to ensure that a pilot has an unobstructed view of at least one light at each level.

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