EXEMPTION FROM PARAGRAPH 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 adversely affect aviation safety, I hereby exempt NAV CANADA, 77 Metcalfe Street, Ottawa, Ontario, K1P 5L6, from paragraph 801.08 (b) of the Canadian Aviation Regulations (CARs), in respect to the requirements set out in Chapter 1 Subsection 1.1, of the Canadian Domestic Air Traffic Control Separation Standards subject to the conditions set out below.

The requirements of paragraph 801.08(b) of the CARs and Subsection 1.1 of Chapter 1 of the Canadian Domestic Air Traffic Control Separation Standards are set out in Appendix A.

INTERPRETATION

In this exemption:

“visual separation” – means a method of spacing aircraft below FL 180 through the use of visual observation by an airport air traffic controller or by a pilot when he is assigned separation responsibility.

“monitoring program protocol” – means a process by which a particular activity is observed and verified for compliance with established criteria, rules and procedures.

PURPOSE

This exemption allows NAV CANADA as holder of an ATS operations certificate (ATS-OC) to provide air traffic services at specific operational airports under specific conditions rather than meeting the requirements set out in subsection 1.1 of Chapter 1 of the Canadian Domestic Air Traffic Control Separation Standards (Standard 821).

APPLICATION

  • This exemption applies to the following specified airports:

    1. Calgary International Airport,

    2. Vancouver International Airport,

    3. Montreal Pierre Elliott Trudeau International Airport,

    4. Ottawa MacDonald-Cartier International Airport,

    5. Victoria International Airport,

    6. Edmonton International Airport,

    7. Québec Jean Lesage International Airport,

    8. Halifax Stanfield International Airport, and

    9. Toronto Lester B. Pearson International Airport (when NAV CANADA has conducted an implementation safety assessment pilot project for the introduction of visual separation for IFR departing aircraft and has obtained approval by the Director, Standards, Transport Canada Civil Aviation (TCCA)).

  • This exemption applies to NAV CANADA when air traffic controllers are applying visual separation standards in the case of domestic airspace between:

    1. successive IFR departing aircraft from the same, intersecting or non-intersecting parallel runways; and

    2. departing IFR aircraft and IFR aircraft on a planned missed approach.

  • This exemption applies to NAV CANADA when air traffic controllers are assigning visual separation responsibility to a pilot of successive IFR aircraft departing from the same, intersecting or non-intersecting parallel runways.

CONDITIONS

  • This exemption is subject to the following conditions:

    1. NAV CANADA shall establish a monitoring program at the specified airport.

    2. NAV CANADA shall submit its training program for the specified airport to and obtain approval from the TCCA Chief, ANS Operations Oversight, National Operations.

    3. NAV CANADA shall train its air traffic controllers in accordance with its approved training program for the specified airport.

    4. NAV CANADA shall develop and publish air traffic control procedures and specify procedures for air traffic controllers and pilots and their respective responsibilities for the specified airport.

    5. For the entire period during which the monitoring program protocol is implemented at the specified airport, NAV CANADA shall collect and analyze statistical data at the operational facility.

    6. Prior to March 31st, 2018, NAV CANADA shall submit in writing, to the TCCA Chief, ANS Operations Oversight, National Operations, a final report that provides an analysis of all the airport data collected  pursuant to condition 5 showing:

      1. the benefits realized as a result of the implementation of this exemption at the specified airport,

      2. a comparison of the use of the criteria set out in this exemption against other applicable criteria,

      3. outstanding issues identified during the implementation  of the monitoring program which Transport Canada could consider, and

      4. the supporting justification of the conclusion on the effectiveness of the conditions set out in this exemption and of the published procedures for the purposes of applying this exemption.

    7. In those cases where the pilot or the Airport controller loses visual contact with the concerned aircraft, NAV CANADA shall file a reportable occurrence as required by section 807.01 of the CARs.

    8. NAV CANADA shall provide, as requested by the TCCA Chief, ANS Operations Oversight, National Operations, copies of audio and video recorded data from the operational facilities.

    9. NAV CANADA shall comply with all the other requirements stipulated in the Canadian Domestic Air Traffic Control Separation Standards (Standard 821).

VALIDITY

This exemption is in effect until the earliest of the following:

  1. March 31st, 2018 at 23:59 EDT;

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

  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 adversely affect aviation safety.

 DATED at Ottawa, Ontario, Canada this 20th day of March, 2013, on behalf of the Minister of Transport.

 

“Original signed by Arlo Speer (for)”

 

Aaron McCrorie
Director, Standards
Civil Aviation
Transport Canada

APPENDIX A

Provision of Air Traffic Services in Accordance with ATS Site Manual

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

(…)

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

Standard 821 Canadian Air Traffic Control Separation Standards

Definitions

“visual separation” - A means employed by controllers to separate aircraft operating in VMC.

  1. "VFR" - The controller having determined that a potential conflict exists, issues clearances, instructions and/or information, as necessary in order to either aid aircraft in establishing visual contact with each other or to assist aircraft in avoiding other aircraft.

  2. "IFR" or "CVFR" - Following a pilot's report that the traffic is in sight, the controller issues the clearance and instructs the pilot to provide his/her own separation by maneuvering the aircraft as necessary to avoid or follow the traffic.

CHAPTER 1 - VISUAL SEPARATION

1.0 Successive IFR Departures from the Same Runway

1.1 The following conditions shall be met when using visual separation to release successive IFR aircraft departing from the same runway:

  1. visual observation confirms that the preceding IFR aircraft has departed and has turned to clear the departure path of the succeeding aircraft, or has reached a point on its departure path where it will no longer conflict with the departure path of the succeeding aircraft;

  2. initial departure tracks diverge by 30 degrees or more;

  3. traffic information is passed to the succeeding aircraft;

  4. applicable wake turbulence minima are complied with, unless waived by the succeeding aircraft.

 

 

 

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