Exemption from PARAGRAPH 802.02(1)(a) OF the Canadian Aviation Regulations and from SECTION 3.1.3.5.3.6.1 IN Volume 1 of Annex 10 to the Convention

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 affect aviation safety, I hereby exempt NAV CANADA of 77 Metcalfe Street, Ottawa, Ontario K1P 5L6 from the requirement of section 3.1.3.5.3.6.1 of 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 3.1.3.5.3.6.1 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.”

Purpose

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 3.1.3.5.3.6.1 of Annex 10 to the Convention. Specifically, it will permit the continued use of PHL7801 Localizer Equipment following its relocation to another aerodrome.

Application

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

  • Runway 16-34, St. John’s, NL;
  • Runway 07-25, Ottawa (Macdonald-Cartier), ON;
  • Runway 17-35, Resolute Bay, NU; and
  • Runway 16-34, Calgary - Springbank, AB.

Conditions

This exemption is subject to the following conditions:

  1. NAV CANADA shall not relocate PHL 7801 Localizer equipment to an aerodrome other then those listed in the application above;
  2. NAV CANADA shall ensure that all locations covered by this exemption are provided with a means for the pilot to ensure they are within eight degrees of centre line for the intercept of the localizer; and
  3. NAV CANADA shall establish and maintain a long-term 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 3.1.3.5.3.6.1 to 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.

Validity

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

  1. 23:59 EST December 31, 2012;
  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 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 6th day of April 2009, on behalf of the Minister of Transport, Infrastructure and Communities.

 

O/S by Derek Howes for Jennifer Taylor – April 6, 2009

Jennifer Taylor
Director, National Operations
Civil Aviation

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