NCR-008-2020
Pursuant to subsection 5.9(2) of the Aeronautics Act, and after taking into account that this exemption is in the public interest and is not likely to adversely affect aviation safety or security, I hereby exempt pilots-in-command of Instrument Flight Rules (IFR) aircraft operated by an air operator or a private operator from the requirement in paragraph 602.128(2)(b) of the Canadian Aviation Regulations (CARs), subject to the conditions set out below.
Paragraph 602.128(2)(b) of the CARs prohibits pilots-in-command of IFR aircraft from descending below the minimum descent altitude, in the case of a non-precision approach, unless the required visual reference necessary to continue the approach to land has been established.
The above mentioned provisions are reproduced in Appendix B.
Purpose
The purpose of this exemption is to authorize pilots-in-command of IFR aircraft operated by an air operator or a private operator to descend below the minimum descent altitude (MDA), when conducting a non-precision approach, even if the required visual reference necessary to continue the approach to land has not been established. This exemption is required in order to accommodate the altitude loss below MDA that will likely occur during a missed approach, following a stabilized constant descent angle (SCDA) non-precision approach.
Application
This exemption applies to a pilot-in-command of IFR aircraft operated by an air operator or a private operator and who meets all the requirements set out in Appendix A of this exemption for the purpose of authorizing a descent below the minimum descent altitude (MDA) when conducting a non-precision approach, even if the required visual reference necessary to continue the approach to land has not been established.
This exemption ceases to apply to a pilot-in-command of IFR aircraft operated by an air operator or a private operator and who meets all the requirements set out in Appendix A of this exemption that does not respect any condition of this exemption.
Conditions
This exemption is subject to the following conditions:
1. The pilot-in-command of Instrument Flight Rules (IFR) aircraft operated by an air operator or a private operator shall conduct a final approach descent with a planned stabilized constant descent angle (SCDA) from the final approach fix (FAF) to a nominal landing runway threshold crossing height of 50 feet;
2. The pilot-in-command of Instrument Flight Rules (IFR) aircraft operated by an air operator or a private operator shall initiate a missed approach upon reaching the earliest of either the MDA or the missed approach point (MAP), where the required visual reference necessary to continue the approach to land has not been established;
3. The pilot-in-command of Instrument Flight Rules (IFR) aircraft operated by an air operator or a private operator shall not conduct an stabilized constant descent angle (SCDA) approach on procedures requiring a remote altimeter setting correction;
4. The pilot-in-command of Instrument Flight Rules (IFR) aircraft operated by an air operator or a private operator shall conduct the instrument approach procedure to straight-in minima, and the final approach course must not be more than 15 degrees from the runway centreline; and
5. The pilot-in-command of Instrument Flight Rules (IFR) aircraft operated by an air operator or a private operator shall comply with all of the requirements set out in Appendix A of this exemption.
Validity
This exemption is in effect from May 1st 2020 until the earliest of:
- a) the date on which an amendment to paragraph 602.128(2)(b) of the CARs comes into force;
- b) the date on which this exemption is cancelled in writing by the Minister 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, this 30th day of April, 2020, on behalf of the Minister of Transport.
“Original signed by”
Nicholas Robinson
Director General, Civil Aviation
Transport Canada
Appendix A
Training Program
The pilot-in-command shall receive initial and recurrent ground and simulator or flight training that addresses the following subjects:
- a) factors that affect altitude loss during the initiation of a missed approach;
- b) the relationship between the published missed approach point (MAP) and the position where a missed approach is commenced following a stabilized final approach descent to minimum descent altitude (MDA);
- NOTE: The missed approach climb from a stabilized final approach descent will normally occur some distance before reaching the published MAP.
- c) the requirement to commence the horizontal (lateral) navigation portion of the published missed approach procedure at the missed approach point MAP in all cases;
- NOTE: It is essential, for obstacle clearance, to delay any turns stated in the published missed approach procedure until the aircraft crosses the MAP.
- d) the requirement to ensure that any altitudes at step-down fixes between the final approach fix (FAF) and the MAP are respected;
- e) the operation of aircraft computer-generated approach slope systems or other methods of computing stable approach paths to the 50 feet nominal threshold crossing height;
- NOTE: The effects of horizontal position error and temperature on the vertical path, whether it is derived from inertial, barometric vertical navigation, or altimeter reference, shall be addressed.
- f) the requirement to verify altitude and waypoint information from a navigation database against an independent source;
- g) crew coordination upon reaching MDA and during the execution of a missed approach; and
- h) utilization of temperature corrections to MDA and other published altitudes.
Standard operating procedures
An air operator or a private operator shall develop and use standard operating procedures approved by the Minister, that incorporate stabilized constant descent angle (SCDA) non-precision approaches, including a specified amount to be added to the MDA to compensate for the additional height loss during the go-around initiation during approaches where:
- a) there is a failure of an aircraft system;
- b) the aircraft is above normal maximum landing weight;
- c) the aircraft landing weight is limited by aborted landing climb performance; or
- d) height loss could be expected to be larger than normal.
Required aircraft equipment
The following aircraft equipment is on board the aircraft and is serviceable at all times:
- a) two barometric altimeters;
- b) one radar altimeter; and
- c) one ground proximity warning system (GPWS) or one Terrain Awareness Warning System (TAWS).
Appendix B
Pertinent provisions of the Canadian Aviation Regulations
Landing Minima
602.128 (1) No pilot-in-command of an IFR aircraft shall conduct an instrument approach procedure except in accordance with the minima specified in the Canada Air Pilot or the Restricted Canada Air Pilot.
(2) No pilot-in-command of an IFR aircraft shall, unless the required visual reference necessary to continue the approach to land has been established,
- (a) in the case of a CAT I or CAT II precision approach, continue the final approach descent below the decision height; or
- (b) in the case of a non-precision approach, descend below the minimum descent altitude.
(3) Where the pilot-in-command of an IFR aircraft conducting an instrument approach does not establish the required visual reference referred to in subsection (2), the pilot-in-command shall initiate a missed approach procedure
- (a) in the case of a CAT I or CAT II precision approach, at decision height; and
- (b) in the case of a non-precision approach, at the missed approach point
(4) Notwithstanding anything in this Division, no pilot in-command of an IFR aircraft shall conduct a precision approach to CAT II or CAT III minima unless
- (a) the flight crew has received the training specified in the Manual of All Weather Operations (Categories II and III); and
- (b) the aircraft is operated in accordance with the procedures, the equipment requirements and the limitations specified in the manual referred to in paragraph (a).