EXEMPTION FROM PARAGRAPH 6.3.1 (b) OF CHAPTER 3 OF THE CANADIAN DOMESTIC AIR TRAFFIC CONTROL SEPARATION STANDARDS (Standard 821), MADE PURSUANT TO PARAGRAPHS 801.01(2)(a) AND 801.08(b) OF THE CANADIAN AVIATION REGULATIONS

Pursuant to subsection 5.9(2) of the Aeronautics Act and after having taken into account that the exemption is both in the public interest and is not likely to affect aviation safety, I hereby exempt the holders of an air traffic controller licence (hereinafter NAV CANADA air traffic controllers) at the Toronto Lester B. Pearson International Airport, Ontario, Canada from the requirement of paragraph 6.3.1 (b) of Chapter 3 – Standard 821 ‑ Canadian Domestic Air Traffic Control Separation Standards , made pursuant to paragraphs 801.01(2)(a) and 801.08(b) of the Canadian Aviation Regulations (CARs), subject to the following conditions.

Paragraph 801.01(2)(a) of the CARs stipulates that:

No air traffic controller shall issue an air traffic control clearance or an air traffic control instruction except:

(a) in the case of domestic airspace, in accordance with the Canadian Domestic Air Traffic Control Separation Standards;

Paragraph 801.08(b) of the CARs, stipulates that:

No holder of an ATS operations certificate shall provide air traffic services at an operational location unless the services are provided in accordance with:

(b) in the case of air traffic control services, the Canadian Domestic Air Traffic Control Separation Standards.

Paragraph 6.3.1 (b) of Chapter 3 – Standard 821 ‑ Canadian Domestic Air Traffic Control Separation Standards of the CARs, stipulates that: 

The following conditions shall be met when a departing aircraft is authorized to take-off from a runway that is parallel to a runway being used by another departing aircraft:

(b) both aircraft will follow assigned tracks that diverge by 15 degrees or more immediately after take-off;

PURPOSE

The purpose of this exemption is to allow NAV CANADA air traffic controllers at the Toronto Lester B. Pearson International Airport, Ontario, Canada to authorize reduced angular divergence of air traffic control separation from 15 degrees or more to 10 degrees or more, as it pertains to simultaneous parallel instrument departure operations (SPID).

APPLICATION

This exemption applies only to NAV CANADA air traffic controllers at the Toronto Lester B. Pearson International Airport, Ontario, Canada when issuing air traffic control clearances or instructions, as it pertains to simultaneous parallel instrument departure operations (SPID).

CONDITIONS

This exemption is subject to the following conditions:

  1. NAV CANADA air traffic controllers shall assign, to both aircraft, tracks or, as appropriate, headings to ensure that the tracks diverge by 10 degrees or more immediately after take-off;
  2. NAV CANADA air traffic controllers may assign a heading to one aircraft and a track to another aircraft provided drift correction is applied to the aircraft on the heading to ensure the required divergence;
  3. NAV CANADA air traffic controllers shall only apply 10 degrees or more divergence to aircraft departing from the following runway combinations: runways 05 and 06L, runways 23 and 24R, runways 05 and 06R and runways 23 and 24L at Toronto Lester B. Pearson International Airport;
  4. NAV CANADA air traffic controllers shall radar identify both aircraft within one mile of the end of the runway used for take-off; and
  5. NAV CANADA air traffic controllers shall not clear or permit an aircraft to turn toward the departure path of the other aircraft, unless another form of separation has been achieved.

VALIDITY

This exemption is in effect on April 1, 2010, until the earliest of the following:

  1. September 30, 2011 at 23:59 EDT;
  2. The date on which an amendment to the appropriate provisions of the Canadian Aviation Regulations or related standards comes into effect;
  3. The date on which any of the conditions set out in this exemption is breached;
  4. The date on which this exemption is cancelled, in writing, by the Minister of Transport, Infrastructure and Communities, where he is of the opinion that it is no longer in the public interest, or that it is likely to affect aviation safety.
  5. DATED at Ottawa, Ontario, Canada this 2nd day of March , 2010, on behalf of the Minister of Transport.

O/S by Derek Howes for Jennifer J. Taylor – March 2, 2010

Jennifer J. Taylor
Director
National Operations Branch
Civil Aviation
Transport Canada