NCR-033-2018
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 wind farm owners/operators from the requirements of section 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 condition.
Paragraph 601.24(2)(a) of the CARs and section 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 wind farm to use a single CL-810 light unit for temporary lighting of a wind turbine during construction if the light is clear of any blocking structure excluding the wind turbine blades if present.
Application
This exemption applies to the person who has responsibility for or control over a Canadian wind farm and who plans to install temporary lighting for wind turbines during construction.
This exemption ceases to apply to a person breaching a condition of the exemption.
Condition
This exemption is subject to the following condition:
- The person who has responsibility for or control over a Canadian wind farm 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 wind turbine 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 the following:
- a) January 31, 2021, at 23:59 EST;
- b) the date on which any condition set out in this exemption is breached;
- c) 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;
- d) 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, on this 7th day of February, 2019, on behalf of the Minister of Transport.
“Original signed by”
Nicholas Robinson
Director General
Civil Aviation
Appendix A
Canadian Aviation Regulations
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).
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Standard 621 – Chapter 12 – Marking and Lighting of Wind turbines and Wind farms
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 60 m 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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