EXEMPTION from PARAGRAPH 801.01(2)(a) and PARAGRAPH 801.08(b) of the Canadian Aviation Regulations AND section 3.1.1, section 3.1.2, section 3.1.3, section 3.1.4 of CHAPTER 1 OF STANDARD 821 ‑ Canadian Domestic Air Traffic Control Separation Standard...

From: Transport Canada

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 NAV CANADA, 77 Metcalfe Street, Ottawa, Ontario K1P 5L6 and all air traffic controllers working for hire or reward for NAV CANADA from the requirements of section 3.1.1, section 3.1.2, section 3.1.3, section 3.1.4 of Chapter 1 of Standard 821 ‑ Canadian Domestic Air Traffic Control Separation Standards and paragraph 2.1(c), section 3.1, section 3.2, subparagraph 7.2.2(a)(iii) of Chapter 3 of Standard 821‑ Canadian Domestic Air Traffic Control Separation Standards  made pursuant to paragraph 801.01(2)(a) and paragraph 801.08(b) of the Canadian Aviation Regulations (CARs), subject to the following conditions.

The text of the above mentioned provisions are attached at  Appendix 1 to this exemption.

PURPOSE

This exemption permits NAV CANADA and all air traffic controllers working for hire or reward for NAV CANADA to employ the aircraft wake turbulence categories derived from ICAO Doc 8643, Aircraft Type Designators, in the application of separation minima for wake turbulence. Appendix 2 to this exemption specifies the separation standards that are to be applied by NAV CANADA and that replace the exempted separation standards indicated in Appendix 1 to this exemption.

APPLICATION

This exemption applies to NAV CANADA and all air traffic controllers working for hire or reward for NAV CANADA when determining aircraft wake turbulence categories for wake turbulence separation. Air traffic controllers shall apply the separation standards specified in Appendix 2 to this exemption.  

CONDITIONS

The exemption shall be granted subject to the following conditions:

  1. For the application of separation minima based on wake turbulence categories, the categories derived from ICAO DOC 8643, Aircraft Type Designators, shall be defined as:
    1. Light aircraft – aircraft types of 7,000 kg (15,500 lb) or less,
    2. Medium aircraft – aircraft types less than 136,000 kg (300,000 lb) and more than 7,000 kg (15,500 lb), and,
    3. Heavy aircraft – aircraft types of 136,000 kg (300,000 lb) or more;
  2. NAV CANADA shall apply wake turbulence separation in accordance with the separation standards specified in Appendix 2;
  3. NAV CANADA shall initiate and coordinate the amendment of all required publications that address the use of the wake turbulence categories;
  4. NAV CANADA shall implement the application of this exemption and introduce the revised wake turbulence categories in a time-frame that will permit sufficient notice to users of the Canadian air navigation system to file the appropriate wake turbulence category in appropriate flight plans or flight itineraries; and
  5. NAV CANADA shall use the ICAO Doc 8643, Aircraft Type Designators, for the purpose of determining the wake turbulence category indicator for aircraft.

VALIDITY

The exemption shall be in effect until the earliest of the following:

  1. The date on which the amendment to the appropriate provisions of the Canadian Aviation Regulations or related standards come into effect;
  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 of Transport, where he is of the opinion that it is no longer in the public interest or that it is likely to affect aviation safety.

DATED at Ottawa, Ontario, Canada, this 16th day of June, 2006, on behalf of the Minister of Transport.

Original signed by

Jennifer J. Taylor
Director
Aerodromes and Air Navigation
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)

  1. in the case of domestic airspace, in accordance with the Canadian Domestic Air Traffic Control Separation Standards; and
  2. in the case of international airspace in respect of which Canada has accepted, by means of a regional air navigation agreement, the responsibility of providing air navigation services, in accordance with the standards contained in Chapter 3 of Annex 11 to the Convention.

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.

Chapter 1

3.1.1 Two minutes separation shall be applied to any category aircraft that takes off into the wake of a known heavy aircraft on:

  1. the same runway; or
  2. a parallel runway less than 2,500 feet away.

3.1.2 Three minutes separation shall be applied to any category aircraft that takes off into the wake of a known heavy aircraft or a light aircraft that takes off into the wake of a medium aircraft if:

  1. the following aircraft starts its take-off roll from an intersection or a point significantly further along the runway, in the direction of take-off, than the preceding aircraft; or
  2. the controller has reason to believe that rotation may occur beyond the rotation point of the preceding aircraft.

3.1.3 If the projected flight paths will cross, 2 minutes separation shall be applied to any category aircraft that takes off behind a heavy aircraft that has taken off or is flying a low or missed approach on:

  1. a crossing runway; or
  2. a parallel runway 2,500 feet or more away.

3.1.4 If aircraft utilize the same runway or a parallel runway less than 2,500 feet away, 3 minutes separation shall be applied to any category aircraft that takes off after a heavy or heavier category aircraft has overflown the runway in the same or opposite direction.

Chapter 3

2.1 Aircraft shall be separated using one of the following minima:

  1. 2.5 miles between aircraft established on the same final approach course within 10 miles of the landing runway provided that:
    1. the leading aircraft is not a heavy,
    2. the following aircraft's weight category is the same or heavier than that of the leading aircraft, and
    3. the runway is bare;

3.1 Wake turbulence radar minima shall be applied between aircraft that are being provided that radar service if one aircraft:

  1. is operating directly behind and less than 1,000 feet below a preceding aircraft;
  2. will cross directly behind a climbing or descending aircraft; or
  3. will cross behind a climbing or descending aircraft. If the following aircraft is at the same altitude or less than 1,000 feet below the altitude vacated by the preceding aircraft at the crossing position, the following aircraft shall be separated by one of the following minima:
    1. heavy behind a heavy - 4 miles,
    2. medium behind a heavy - 5 miles,
    3. light behind a heavy - 6 miles,
    4. light behind a medium - 4 miles.

3.2 A 2-minute separation shall be applied at the point of flight path intersection, if an IFR departure from an adjacent airport will cross behind and less than 1,000 feet below a preceding IFR aircraft.

7.2.2 In addition to the requirements in Chapter 3, section 7.0 - Visual Approaches, the following conditions shall be applied when visual approaches are conducted to parallel, intersecting and converging runways:

  1. parallel runways separated by less than 2,500 feet:
    1. IFR separation is maintained until the aircraft reports sighting any preceding aircraft on final approach to the adjacent runway,
    2. the aircraft is instructed to maintain visual separation from the reported traffic,
    3. a heavy aircraft is not permitted to pass any other aircraft, or a medium aircraft is not permitted to pass a light aircraft;

APPENDIX 2

Definitions

    1. “Light aircraft” – aircraft types of 7,000 kg (15,500 lb) or less,
    2. “Medium aircraft” – aircraft types less than 136,000 kg (300,000 lb) and more than 7,000     kg (15,500 lb), and,
    3. “Heavy aircraft” – aircraft types of 136,000 kg (300,000 lb) or more;

Separation Standards

Section 1 (Chapter 1of Standard 821)

3.1.1 Two minutes separation shall be applied to any category aircraft that takes off into the wake of a known heavy aircraft on:

  1. the same runway; or
  2. a parallel runway less than 2,500 feet away.

3.1.2 Three minutes separation shall be applied to any category aircraft that takes off into the wake of a known heavy aircraft or a light aircraft that takes off into the wake of a medium aircraft if:

  1. the following aircraft starts its take-off roll from an intersection or a point significantly further along the runway, in the direction of take-off, than the preceding aircraft; or
  2. the controller has reason to believe that rotation may occur beyond the rotation point of the preceding aircraft.

3.1.3 If the projected flight paths will cross, 2 minutes separation shall be applied to any category aircraft that takes off behind a heavy aircraft that has taken off or is flying a low or missed approach on:

  1. a crossing runway; or
  2. a parallel runway 2,500 feet or more away.

3.1.4 If aircraft utilize the same runway or a parallel runway less than 2,500 feet away, 3 minutes separation shall be applied to any category aircraft that takes off after a heavy or heavier category aircraft has overflown the runway in the same or opposite direction.
.

Section 2 (Chapter 3 of Standard 821)

2.1 Aircraft shall be separated using one of the following minima:

  1. 2.5 miles between aircraft established on the same final approach course within 10 miles of the landing runway provided that:
    1. the leading aircraft is not a heavy,
    2. the following aircraft's weight category is the same or heavier than that of the leading aircraft, and
    3. the runway is bare;

3.1 Wake turbulence radar minima shall be applied between aircraft that are being provided that radar service if one aircraft:

  1. is operating directly behind and less than 1,000 feet below a preceding aircraft;
  2. will cross directly behind a climbing or descending aircraft; or
  3. will cross behind a climbing or descending aircraft. If the following aircraft is at the same altitude or less than 1,000 feet below the altitude vacated by the preceding aircraft at the crossing position, the following aircraft shall be separated by one of the following minima:
    1. heavy behind a heavy - 4 miles,
    2. medium behind a heavy - 5 miles,
    3. light behind a heavy - 6 miles,
    4. light behind a medium - 4 miles.

3.2 A 2-minute separation shall be applied at the point of flight path intersection, if an IFR departure from an adjacent airport will cross behind and less than 1,000 feet below a preceding IFR aircraft.

7.2.2 In addition to the requirements in CARs Standard 821, Canadian Domestic Air Traffic Control Standards, Chapter 3, section 7.0 - Visual Approaches, the following conditions shall be applied when visual approaches are conducted to parallel, intersecting and converging runways:

  1. parallel runways separated by less than 2,500 feet:
    1. IFR separation is maintained until the aircraft reports sighting any preceding aircraft on final approach to the adjacent runway,
    2. the aircraft is instructed to maintain visual separation from the reported traffic,
    3. a heavy aircraft is not permitted to pass any other aircraft, or a medium aircraft is not permitted to pass a light aircraft;
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