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 subsections 5.1(a), 5.1(b), sections 9.4.2, 10.4.1 and 10.5.1 of Chapter 2 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 and 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 apply a 50 nm longitudinal separation minimum between aircraft meeting the RNP 10 and/or the RNP 4 operating between the Oakland Oceanic Control Area and the Vancouver Flight Information Region/Control Area. Oakland Centre employs ICAO horizontal separation minima in the Oakland OCA based on the RNP concept as specified in the PANS-ATM.. These separation minima do not exist for application in Canadian Domestic Airspace.
APPLICATION
This exemption applies to NAV CANADA and all air traffic controllers working for hire or reward for NAV CANADA when applying 50 nm longitudinal separation based on distance using RNAV where RNP is specified between aircraft meeting the RNP 10 and/or the RNP 4 specification operating between Oakland OCA and Vancouver FIR/CTA.
CONDITIONS
The exemption is subject to the following conditions:
- NAV CANADA air traffic controllers may apply 50 nm longitudinal separation minimum based on distance using RNAV between RNP 10 and/or RNP 4 aircraft operating between the Oakland OCA and the Vancouver FIR/CTA from FL 260 to FL 600 provided;
- The separation minimum is applied between aircraft on the same track by reference to the same on track waypoint using DCPC via VHF;
- The separation minimum shall not be applied to aircraft operating on crossing tracks;
- When an aircraft fails to report its position action is taken within 3 minutes to establish communication. If communication cannot be established within 8 minutes of the time the report should have been received, controllers shall apply another form of separation;
- Aircraft entering the Vancouver FIR/CTA are transitioned to a separation minimum specified in the CARs Standard 821 within 150 miles of the Oakland OCA and Vancouver FIR/CTA common boundary; and,
- Where aircraft cannot be transitioned immediately to another separation minimum and it is necessary to continue the use of the 50 nm minimum within 150 miles of the common boundary, the air traffic controller shall obtain reports to ensure the minimum is being maintained upon initial contact with the concerned aircraft.
- NAV CANADA shall establish, revise and publish air traffic control procedures, agreements or arrangements for the identification to controllers of the aircraft’s RNP type and the exchange of information concerning the aircraft’s RNP capability between ATC facilities and sectors/positions.
- NAV CANADA shall determine and publish control procedures in the event of aircraft navigation failure or deterioration below navigation performance requirements.
- NAV CANADA shall provide air traffic controller training to include at least information on the RNP concept, application of the separation minimum including the applicable conditions, rules and procedures and contingency operations.
VALIDITY
The exemption shall be in effect until the earliest of the following:
- January 31, 2009 at 23:59 EST;
- The date on which the amendment to the appropriate provisions of the Canadian Aviation Regulations or related standards come into effect;
- The date on which any of the conditions set out in this exemption is breached;
- 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.
DATED at Ottawa, Ontario, Canada, this 10th day of August, 2007, on behalf of the Minister of Transport, Infrastructure, and Communities.
Original signed by G. Morin for
D. B. Sherritt
Director, Standards
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
- in the case of domestic airspace, in accordance with the Canadian Domestic Air Traffic Control Separation Standards; and
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
- in the case of air traffic control services, the Canadian Domestic Air Traffic Control Separation Standards.
5.1 Aircraft on the same track shall be separated by one of the following minima:
- 15 minutes;
- 10 minutes, provided that NAVAID coverage permits determination of position and speed at intervals not exceeding 40 minutes flying time;
9.3.1 Aircraft shall be separated by 15 minutes if they will follow:
- the same track; or
9.4.2 Aircraft shall be separated by 10 minutes provided that:
- the Mach-number technique is used;
- the aircraft are in level flight, climbing or descending;
- the aircraft are operating on the identical track or continuously diverging tracks;
- the aircraft have reported over a common point; and
- the required longitudinal separation will be maintained until tracks diverge; and, when tracks diverge, the required lateral separation and at least 5 minutes longitudinal separation will exist at the point where lateral separation is achieved.
10.4.1 RNPC certified aircraft operating on the same track, or crossing tracks, shall be separated by a minimum of 10 minutes.
10.5.1 RNPC certified aircraft shall be separated by 10 minutes provided that:
- the Mach-number technique is used;
- aircraft are in level flight, climbing or descending;
- aircraft are operating on the same track or continuously diverging tracks;
- aircraft have reported over a common point; and
- the required longitudinal separation will be maintained until tracks diverge; and, when tracks diverge, the required lateral separation and at least 5 minutes longitudinal separation will exist at the next significant point.
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