EXEMPTION FROM PARAGRAPH 801.01(2)(a) AND PARAGRAPH 801.08(b) OF THE CANADIAN AVIATION REGULATIONS AND PARAGRAPHS 9.2, 9.2.1, 9.2.2 (a), (b), (c) AND 9.2.3 (a) AND (b) OF STANDARD 821 - CANADIAN DOMESTIC AIR TRAFFIC CONTROL SEPARATION STANDARDS.

Pursuant to subsections 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 adversely affect aviation safety, I hereby exempt NAV CANADA, 77 Metcalf Street, Ottawa, Ontario, K1P 5L6 and all air traffic controllers working for hire or reward for NAV CANADA, from the requirements set out in paragraphs 9.2, 9.2.1, 9.2.2 (a), (b), (c) and 9.2.3 (a) and (b) of Chapter 2 of Standard 821 – Canadian Domestic Air Traffic Control Separation Standardsmade pursuant to paragraphs 801.01(2)(a) and 801.08(b) of the Canadian Aviation Regulations (CARs) subject to the following conditions.

The requirements of paragraphs 801.01(2)(a) and 801.08(b) of the CARs and paragraphs 9.2, 9.2.1, 9.2.2 (a), (b), (c) and 9.2.3 (a) and (b) of Chapter 2 of Standard 821 – Canadian Domestic Air Traffic Control Separation Standards are set out in Appendix 1.

PURPOSE

This exemption permits NAV CANADA and all air traffic controllers working for hire or reward for NAV CANADA, to implement and use a Required Navigation Performance (RNP) 10 lateral separation standard (equivalent to 50 nautical miles (nm) total width between aircraft) in airspace in Northern Canada where a 60 nm lateral separation standard between aircraft normally would apply.

This exemption allows NAV CANADA air traffic controllers to issue a clearance that will allow Instrument Flight Rules (IFR) aircraft to fly with 50 nm lateral spacing based on certain aircraft navigation performance capability that employs the use of long-range Inertial Navigation System (INS) and the Global Navigation Satellite System where those aircraft are certified to operate based on an RNP 10 or RNP 4 capability.

The RNP 10, 50 nm standard is an International Civil Aviation Organization (ICAO) approved standard and is also in use by the Federal Aviation Administration (FAA) for operations between flights at the same altitude on the Pacific Ocean, in Alaska and in Australian airspace. Use of this criterion in Canada allows the continuation of this separation standard between Canada and the United States in areas where our mutual boundary exists in Northern Canada with Alaska. Presently, an exemption exists for NAV CANADA to accept RNP 10, 50 nm separated aircraft arriving off the Pacific Ocean into Canadian Domestic Airspace in the Vancouver Flight Information Region (FIR).

APPLICATION

This exemption permits NAV CANADA and all air traffic controllers working for hire or reward for NAV CANADA in Edmonton Area Control Centre who provide service in the Northern and Arctic control areas in an area similarly bounded geographically as the Canadian Minimum Navigation Performance Specifications (CMNPS) airspace to apply a RNP10, 50nm lateral separation standard where a 60 nm or greater lateral separation minima is normally applied. This standard will be provided in Class “A” Airspace between Flight Level (FL) 230 to FL 600 and FL 270 to FL 600 in the Northern and Arctic Control Areas respectively.

CONDITIONS

The exemption is subject to the following conditions:

  1. NAV CANADA air traffic controllers may apply a 50 nm lateral separation minimum based on distance between RNP 10 and/or RNP 4 certified aircraft.

  2. The Canadian Automated Air Traffic System (CAATS) is capable of providing conflict prediction that takes into account protected airspace concepts based on RNP 10 lateral separation criteria and this capability is available to the air traffic controllers while this separation is being applied.

  3. In the event of a CAATS failure, another form of separation shall be applied.

  4. Air traffic controllers are trained for the use of this separation criteria and the training is documented and included in the training file.

VALIDITY

The exemption shall be in effect from November 25, 2012 until the earliest of the following:

  1. May 25, 2014 at 23:59 EDT;

  2. The date on which any of the conditions set out in this exemption is breached;

  3. 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.

Dated at Ottawa, Ontario, Canada this ___________ day of ________________, 2012 on behalf of the Minister of Transport.

 

O/S by Denis Guindon – November 5, 2012

Captain Denis Guindon
Director
National Operations Branch
Civil Aviation
Transport Canada

Appendix 1

801.01 (2) No air traffic controller shall issue an air traffic control clearance or an air traffic control instruction except
(amended 2002/09/24; previous version)

  1. In the case of domestic airspace, in accordance with the Canadian Domestic Air Traffic Control Separation Standards;

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

  1. the ATS site manual; and
  2. in the case of air traffic control services, the Canadian Domestic Air Traffic Control Separation Standards .

9.0 Canadian Minimum Navigation Performance Specifications (CMNPS) Minima
9.2 Lateral Separation
9.2.1 Aircraft shall be separated laterally by 60 miles based on the distance between track centre lines.
9.2.2 The following conditions shall be met when aircraft are separated laterally with reference to their difference in latitude, using 1 degree instead of 60 miles, provided that, in any interval of 10 degrees of longitude, the change in latitude of one of the tracks does not exceed:

  1. 1 degree in the area between 70 degrees North and 80 degrees North;
  2. 2 degrees in the area between 58 degrees North and 70 degrees North; and
  3. 3 degrees in the area south of 58 degrees North.

9.2.3 Aircraft shall be separated laterally by 60 miles while they are operating on tracks that:

  1. are north of 80 degrees North; or
  2. have a change in latitude which exceeds the allowable limits in Chapter 2, subsection 10.4.2.

 

Date de modification :