Exemption from subsections 305.33(8) and 305.33(10) of the Canadian Aviation Regulations, from clauses 325.29(1)(a)(i)(b) and 325.29(1)(b)(i)(b) of the heliports standards made pursuant to subsection 305.29(1) of the Canadian Aviation Regulations and f...

From: Transport Canada

NCR-031-2019

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 or security, I hereby exempt Canadian heliport operators, from the requirements of subsections 305.33(8) and 305.33(10) of the Canadian Aviation Regulations (CARs), from clauses 325.29(1)(a)(i)(B) and 325.29(1)(b)(i)(B) of the Heliports Standards made pursuant to subsection 305.29(1) of the CARs and from paragraph 325.31(1)(f) of the Heliports Standards made pursuant to subsection 305.31(1) of the CARs, subject to the conditions set out below.

Subsection 305.33(8) of the Canadian Aviation Regulations states that the operator of a 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 conspicuous; (b) an instrument FATO; and (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.

Subsection 305.33(10) of the Canadian Aviation Regulations states that the operator of a 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 perimeter of the TLOF is not coincidental with that of the FATO, in accordance with the requirements of the applicable heliport standard.

Clause 325.29(1)(a)(i)(B) of the Heliports Standards states that (1) when an operator of a certified heliport establishes the obstacle limitation surfaces for a non-instrument, non-precision or precision FATO, for the purposes of subsection 305.29(1) of the Canadian Aviation Regulations, the following requirements apply: (a) in case of approach surfaces: (i) the limits of an approach surface shall comprise (B) two side edges originating at the ends of the inner edge diverging uniformly at a rate from the inner edge set out in Table 4-1 or Table 4-2 that is applicable to the category of FATO for which it is certified, (in this case for night operations at 15% divergence).

Clause 325.29(1)(b)(i)(B) of the Heliports Standards states that (1)when an operator of a certified heliport establishes the obstacle limitation surfaces for a non-instrument, non-precision or precision FATO, for the purposes of subsection 305.29(1) of the Canadian Aviation Regulations, the following requirements apply: (b) in the case of take-off surface shall comprise (i) the limits of the take-off surface shall comprise (B) two sides originating at the ends of the inner edge diverging uniformly at a rate from the inner edge set out in Table 4-1, (in this case for night operations at 15% divergence).

Paragraph 325.31(1)(f) of the Heliports Standards states that (1) for the purposes of subsection 305.31(1) of the CARs, in respect of wind direction indicators, the technical requirements are the following (f) a wind a wind direction indicators at a heliport that is certified for use at night shall be illuminated.

Interpretation

Night Vision Goggles (NVG): Goggles that picks up any light in the immediate area and amplifies it several thousand times using an image intensifier. This works by the photoelectric effect. As a photon collides with a detector plate, the metal ejects several electrons that are then amplified into a cascade of electrons that light up a phosphor screen.

Night Vision Imaging System (NVIS): A system which uses image intensifier tubes to produce an enhanced image of a scene in light conditions too low for normal navigation and pilotage. It may include but is not limited to NVG and Enhanced Vision System (EVS) and associated external lighting systems.

Purpose

The purpose of this exemption is to authorize Canadian heliport operators to allow helicopter operations utilizing NVIS technology including NVG operations to operate at night from Day use only certified heliports.

Application

This exemption applies to Canadian heliport operators while allowing helicopter operations utilizing NVIS technology including NVG operations to operate at night from Day use only certified heliports. This exemption applies to all certified Canadian heliports.

This exemption ceases to apply to the Canadian heliport operator who breaches a condition of the exemption.

Conditions

The exemption is subject to the following conditions:

  1. The heliport operator shall demonstrate that the appropriate land-use authority has been notified of the change in level of service to include night time operations.
  2. The heliport operator shall amend their emergency response plan to reflect 24 hour heliport operations, inform the emergency response provider of the change and submit the amended plan to Transport Canada Civil Aviation.
  3. The heliport operator in conjunction with the primary NVIS helicopter operator of their facility, shall develop Standard Operating Procedures (SOP) for the control of surface lights during NVIS operations at the heliport.
  4. In accordance with subsection 305.37(2) of the CARs and subsection 325.37(1) and Figure 6-1 of the Heliports Standards, heliport operators shall re-assess and identify obstacles that may now require lighting in accordance with Standard 621. Only those non-conspicuous obstacles that were deemed to require day marking shall require lighting. Lighting for obstacles, when required, shall be NVIS compatible. NVIS compatibility can be achieved by using incandescent light sources, using Light Emitting Diode (LED) sources that are within the visible wave length of the NVIS equipment being used by the helicopter operator or by incorporating an Infrared (IR) component with the light source.
  5. The heliport operator shall submit to Transport Canada and NavCanada any applicable changes to the Canada Flight Supplement heliport entries, specifically to add under the Operator (OPR) section, the notation “NVIS OPS AUTH”. Under the Procedures (PRO) section, the notation “Day use only” or “NVIS rqrd for night use (CAR 602.96)” shall follow the described procedure of each approach and take-off pathway (Arr/dep). If all approach and take-off pathways are the same, the notation shall be “NVIS rqrd for night use, all flt path (CAR 602.96)”.
  6. A copy of this exemption shall be inserted within the heliport operations manual (HOM).
  7. The heliport operator shall submit to Transport Canada for approval the applicable HOM amendments, including detailing the change in operational procedures, security access and control and winter maintenance procedures.
  8. Prior to the heliport operator using this exemption to allow helicopter operations utilizing NVIS technology, page 2 of the heliport certificate shall be amended.

Validity

This exemption is in effect until the earliest of the following:

  • a) November 30, 2024 at 23:59 (EST);
  • b) 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 or security.

DATED at Ottawa, Ontario, Canada, this 13th day of January, 2020, on behalf of the Minister of Transport.

“Original signed by”

Nicholas Robinson
Director General
Civil Aviation
Transport Canada

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