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 not likely to affect adversely the aviation safety, I hereby exempt NAV CANADA 280 Hunt Club Road, Ottawa, ON K1G 6R3 from the requirements set out in paragraph 126.96.36.199(b) and section 188.8.131.52 of ICAO (SARP) Annex 10, Volume I made pursuant to paragraph 802.02(1)(a) of the Canadian Aviation Regulation(CARs), subject to the following conditions.
Paragraph 802.02(1)(a) of the CARs 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.
ICAO Annex 10 Volume I, paragraph 184.108.40.206(b) states that for the Doppler VOR, the percentage of amplitude modulation of the 9960 Hz subcarrier shall not exceed 40 per cent when measured at a point at least 300 m (1000 ft) from the VOR.
ICAO Annex 10 Volume I, section 220.127.116.11 states that where 50 kHz VOR channel spacing is implemented, the sideband level of the harmonics of the 9960 Hz component in the radiated signal shall not exceed the following levels referred to the level of the 9960 Hz sideband.
The purpose of this exemption is to exempt NAV CANADA from having to perform maintenance on its Doppler VOR systems as required by paragraph 18.104.22.168(b) and section 22.214.171.124, ICAO Annex 10, Volume I made pursuant to paragraph 802.02(1)(a) of the CARs.
This exemption applies to NAV CANADA in its capacity of owner and operator of Doppler VORs, including 20 model PHL7504 (also identified as PHL8304 and CMC 8304) and 11 model CMC8704.
NAV CANADA shall be exempted only from the maintenance requirements of paragraph 126.96.36.199(b) and section 188.8.131.52 of ICAO Annex 10, Volume I.
This exemption is subject to the following conditions:
NAV CANADA shall ensure that the DVORs are installed and operated in accordance with the standards specified in Annex 10, Volume I to the Convention, as required by paragraph 802.02(1)(a) of the CARs.
NAV CANADA shall perform, at least once per year, flight inspections of both channels of all its DVORs and of the VORs adjacent to DVORs (Toronto YYZ, Simcoe YSO and Pearson YTP).
In the event that flight inspections detect an out-of-tolerance condition, for which the root cause is subsequently identified as failure to comply with either paragraph 184.108.40.206(b) or section 220.127.116.11 of Annex 10, Volume I to the Convention, NAV CANADA shall immediately notify Transport Canada and propose a corrective action plan.
This exemption is in effect until the earliest of the following:
May 31, 2015 at 23:59 EDT;
the date on which any condition set out in this exemption is breached; or
the date on which this exemption is cancelled in writing by the Minister where she is of the opinion that it is no longer in the public interest or 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
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