(1) The pilot in command of an aircraft for an IFR flight contravenes this subregulation if, during the flight:
(a) the aircraft is flown along a route or route segment at a height lower than the minimum height mentioned in subregulation (2); and
(b) none of the circumstances mentioned in subregulation (3) applies.
Note: This regulation does not apply to certain medical transport operations in a rotorcraft and certain aerial work operations: see regulations 133.167 and 138.275.
(2) The minimum height is the lowest of the following for the route or route segment:
(a) the published lowest safe altitude for the route or route segment (if any);
(b) the minimum sector altitude published in the authorised aeronautical information for the flight (if any);
(c) the lowest safe altitude for the route or route segment.
(3) The circumstances are the following:
(a) the aircraft is taking off or landing;
(b) the aircraft is being flown in accordance with:
(i) requirements relating to visual approach or departure procedures published in the authorised aeronautical information for the flight; or
(ii) an authorised instrument departure procedure or an authorised instrument approach procedure; or
(iii) an air traffic control clearance;
(c) the aircraft is being flown in VMC by day.
(4) A person commits an offence of strict liability if the person contravenes subregulation (1).