Pursuant to subsection 5.9(2) of the Aeronautics Act, and after taking into account that the exemption is in the public interest and is not likely to adversely affect aviation safety, I hereby exempt NAV CANADA of 280 Hunt Club Road, Ottawa, Ontario K1G 6R3 from the requirement of section, Volume I of the Annex 10 to the Convention on International Civil Aviation, as referenced in paragraph 802.02(1)(a) of the Canadian Aviation Regulations, subject to the conditions set out below.

Paragraph 802.02(1)(a) states that a person who operates any equipment that is part of an aeronautical telecommunications system referred to in Annex 10 to the Convention shall ensure that the equipment is installed, maintained and operated in accordance with the standards specified in Annex 10 to the Convention.

Section of Volume I of Annex 10 requires that “for equipment first installed after 1 January 2000, the sum of the modulation depths of the radio frequency carrier due to the 90 Hz and 150 Hz tones shall not exceed 60 per cent or be less than 30 per cent within the required coverage.”


The purpose of this exemption is to permit NAV CANADA to provide aeronautical telecommunications services consisting of instrumentation that does not meet the requirements of section of Annex 10 to the Convention. Specifically, it will permit the continued use of PHL7801 Localizer Equipment following its relocation to another aerodrome.


This exemption applies only to NAV CANADA when providing services that use relocated PHL 7801 localizer equipment at the following location:

Runway 17-35, Resolute Bay, NU;



This exemption is subject to the following conditions:

  1. NAV CANADA shall not relocate a PHL 7801 Localizer equipment to any other Canadian aerodrome; and

  2. NAV CANADA shall ensure that the location covered by this exemption is provided with a means for the pilot to ensure they are within six degrees of centre line for the intercept of the localizer;

  3. NAV CANADA shall establish and maintain a corrective action plan to replace the PHL 7801 Localizer Equipment listed in the application, above, with new equipment that complies with the requirements of section, Volume 1 of Annex 10 to the Convention; and

  4. At the request of the Minister, provide the Minister with a status update on the equipment replacement.


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

  1. June 30, 2015 at 23:59 EDT;

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

  3. the date, on which this exemption is canceled, in writing, by the Minister of Transport, where she 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 23 day of December 2013, on behalf of the Minister of Transport.


O/S by Denis Guindon
Denis Guindon
Director, National Operations
Civil Aviation

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