EXEMPTION FROM PARAGRAPH 803.02(a) 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 affect aviation safety, I hereby exempt any person who publishes or submits for publishing an instrument procedure in the Canada Air Pilot from the requirement contained in paragraph 803.02(a) of the Canadian Aviation Regulations, in accordance with the purpose and application set out below and subject to the following conditions.

Paragraph 803.02(a) stipulates that no person shall publish or submit for publishing in the Canada Air Pilot an instrument procedure unless the procedure has been developed in accordance with the standards and criteria specified in the manual entitled Criteria for the Development of Instrument Procedures (TP 308).

PURPOSE

The purpose of this exemption is to allow a person to publish or submit for publishing, in the Canada Air Pilot, an instrument procedure that has been developed in accordance with the instrument procedure criteria set out in the U.S. Department of Transportation Federal Aviation Administration Orders for the procedures specified below, in addition to any applicable criteria set out in the Criteria for the Development of Instrument Procedures (TP 308).

APPLICATION

This exemption applies only for the development of the following instrument procedures:

  1. Flight Management System (FMS) Instrument Procedures.
  2. Helicopter Global Positioning System (GPS) (Non-precision) Procedures.
  3. Civil Utilization of Area Navigation (RNAV) Departure Procedures.
  4. Terminal Arrival Area (TAA) Design Criteria.
  5. Wide Area Augmentation System (WAAS) Instrument Procedures.
  6. Required Navigation Performance Instrument Procedures.
  7. Precision Approach and Barometric Vertical Navigation Approach Procedures Construction.

CONDITIONS OF EXEMPTION

This exemption is subject to the following conditions.

  1. The persons developing the instrument procedures shall have received training in the interpretation and application of the standards and the criteria specified in the U.S. Department of Transportation Federal Aviation Administration Orders to which this exemption applies. The Minister shall accept this training.


  2. Flight Management System (FMS) Instrument Procedures.
    Flight Management System (FMS) Instrument Procedures shall be designed in accordance with criteria contained in the U.S. Department of Transportation Federal Aviation Administration Order 8260.40B, dated 12/31/98, as amended from time to time, in conjunction with the applicable criteria set out in the Criteria for the Development of Instrument Procedures (TP 308).

  3. Helicopter Global Positioning System (GPS) (Non-precision) Procedures.
    Helicopter Global Positioning System (GPS) (Non-precision) procedures shall be designed in accordance with criteria contained in the U.S. Department of Transportation Federal Aviation Administration Order 8260.42A, dated 6/11/97, as amended from time to time, in conjunction with the Criteria for the Development of Instrument Procedures (TP 308).

  4. Civil Utilization of Area Navigation (RNAV) Departure Procedures.
    RNAV Departure Procedures shall be designed in accordance with criteria contained in the U.S. Department of Transportation Federal Aviation Administration Order 8260.44A, dated 03/23/00, as amended from time to time, in conjunction with the applicable criteria set out in the Criteria for the Development of Instrument Procedures (TP 308).

  5. Terminal Arrival Area (TAA) Design Criteria
    Terminal Arrival Area (TAA) procedures shall be designed in accordance with criteria contained in the U.S. Department of Transportation Federal Aviation Administration Order 8260.45A, dated 7/14/00, as amended from time to time, in conjunction with the applicable criteria set out in the Criteria for the Development of Instrument Procedures (TP 308).

  6. Wide Area Augmentation System (WAAS) Instrument Procedures.
    WAAS Instrument Procedures shall be designed in accordance with criteria contained in the U.S. Department of Transportation Federal Aviation Administration Order 8260.50, dated 06/09/02, as amended from time to time, in conjunction with the applicable criteria set out in the Criteria for the Development of Instrument Procedures (TP 308).

  7. Required Navigation Performance (RNP) Instrument Procedures.
    RNP Instrument Procedures shall be designed in accordance with criteria contained in the U.S. Department of Transportation Federal Aviation Administration Order 8260.51, dated 12/30/02, as amended from time to time, in conjunction with the applicable criteria set out in the Criteria for the Development of Instrument Procedures (TP 308).

  8. Precision Approach (PA) and Barometric Vertical Navigation (Baro VNAV) Approach Procedures Construction.
    PA and Baro VNAV Instrument Procedures shall be designed in accordance with criteria contained in the U.S. Department of Transportation Federal Aviation Administration Order 8260.3B, Volume 3, Change 19, dated 05/15/02, as amended from time to time, in conjunction with the applicable criteria set out in the Criteria for the Development of Instrument Procedures (TP 308).

VALIDITY

This exemption is valid until the earliest of the following:

  1. May 31st, 2005, 23:59 UTC
  2. The date on which amendments to the appropriate provisions of the Canadian Aviation Regulations and related standards, technical specifications and criteria come into effect;
  3. The date on which any of the conditions set out in this exemption is breached; or
  4. The date on which the Minister cancels this exemption, in writing, where he is of the opinion that it is no longer in the public interest or that it is likely to affect aviation safety.

CANCELLATION

The exemption from paragraph 803.02(a) of the Canadian Aviation Regulations, dated June 16, 2000, is hereby cancelled because it is in the opinion of the Minister that it is no longer in the public interest or is likely to affect aviation safety.

Dated at Ottawa, Canada this eighth day of January, 2004.

Original signed by

Merlin Preuss, Director
General Civil Aviation

Date de modification :