Exemption from paragraphs 801.01(2)(a) and 801.08(b) of the Canadian Aviation Regulations

From: Transport Canada

NCR-007-2019

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 or security, I hereby exempt NAV CANADA and its air traffic controllers who have been trained and qualified by NAV CANADA as competent users of the Automatic Dependant Surveillance – Broadcast surveillance technology and the Controller Pilot Direct Link Communications (CPDLC) technology, 77 Metcalfe Street, Ottawa, Ontario K1P 5L6, from the requirements of paragraphs 801.01(2)(a) and 801.08(b) of the Canadian Aviation Regulations (CARs), when providing air traffic services in Canadian Domestic Airspace in areas where direct controller-pilot Very High Frequency (VHF) voice communication is not available but where Automatic Dependant Surveillance – Broadcast (ADS-B) combined with CPDLC is available, subject to the following conditions.

Paragraphs 801.01(2)(a) and 801.08(b) of the CARs are reproduced in Appendix A.

Purpose

The purpose of this exemption is to allow NAV CANADA as holder of an Air Traffic Services (ATS) Operations certificate and selected air traffic controllers working for NAV CANADA to provide air traffic services in Canadian Domestic Airspace by applying lateral and longitudinal separation minima in accordance with the Canadian Domestic Air Traffic Control Separation Standards but also in accordance with a proposed amendment to International Civil Aviation Organization Standards and Recommended Practices (ICAO SARPS), specifically DOC 4444, as an additional source of surveillance in an ATS system in areas where direct controller-pilot VHF voice communication is not available but where Automatic Dependant Surveillance – Broadcast (ADS-B) combined with Controller Pilot Direct Link Communications (CPDLC) is available.

Application

This exemption applies to NAV CANADA and its air traffic controllers who have been trained and qualified by NAV CANADA as competent users of ADS-B surveillance technology and the Controller Pilot Direct Link Communications technology when providing air traffic services in accordance with Appendix B in Canadian Domestic Airspace where direct controller-pilot VHF voice communication is not available but where Automatic Dependant Surveillance – Broadcast (ADS-B) combined with Controller Pilot Direct Link Communications (CPDLC) is available.

Conditions

This exemption is subject to the following conditions:

  1. NAV CANADA may apply the separation minima set out in Appendix B between aircraft that have met the defined performance specifications associated with the appropriate FAA DO260, DO260A and DO260B standards as amended from time to time and that are operating within the coverage area where continuous and acceptable ADS-B and CPDLC coverage exists.
  2. NAV CANADA shall not deny or restrict any aircraft that does not meet the operational requirements for ADS-B surveillance from operating in Canadian Domestic Airspace where ADS-B combined with CPDLC services are provided, based solely on the lack of the operator’s ADS-B certification.
  3. NAV CANADA shall not indicate in any guidance material, documentation, published procedure or operational phraseology that, in the airspace where ADS B service is provided, access to that airspace is limited to only ADS-B certified aircraft. The terms “exclusionary airspace” or any other term which may indicate a requirement for specific ADS-B certification to operate in any airspace, shall not be used.
  4. NAV CANADA shall use CPDLC as the only approved communication technology to meet the RCP 240 when applying the separation minima set out in Appendix B.
  5. NAV CANADA shall apply ADS-B with CPDLC technology in accordance with Appendix B.
  6. NAV CANADA shall only apply ADS-B with CPDLC separation minima to aircraft that are certified for RNP 4 or RNP 2 navigation specifications.
  7. All risks identified through NAV CANADA risk assessment processes associated with the application of ADS-B with CPDLC separation minima shall be mitigated.
  8. Upon request, NAV CANADA shall provide to Transport Canada a copy of the documentation indicating how compliance with the conditions of this exemption is being achieved.
  9. All Air Traffic Controllers working for NAV CANADA shall issue clearances and instructions when applying separation minima set out in Appendix B and using ADS-B with CPDLC technology in accordance with a National Operations Directive (NOD) or the Manual of Air Traffic Services (MATS).

Validity

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

  • a) March 28, 2024 at 23:59 NDT;
  • b) the date on which any condition set out in this exemption is breached; or
  • c) the date on which this exemption is cancelled in writing by the Minister where he is of the opinion that it is no longer in the public interest or is likely to adversely affect aviation safety or security.

Dated at Ottawa, Ontario, this 27th day of March 2019, on behalf of the Minister of Transport.

“Original signed by François Collins (for)”

Nicholas Robinson
Director General
Civil Aviation

Appendix A

Canadian Aviation Regulations

General

  • 801.01(1) […]
    • (2) No air traffic controller shall issue an air traffic control clearance or an air traffic control instruction except
      • (a) in the case of domestic airspace, in accordance with the Canadian Domestic Air Traffic Control Separation Standards; and
      • (b) in the case of international airspace in respect of which Canada has accepted, by means of a regional air navigation agreement, the responsibility of providing air navigation services, in accordance with the standards contained in Chapter 3 of Annex 11 to the Convention.

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
    • (a) the ATS site manual; and
    • (b) in the case of air traffic control services, the Canadian Domestic Air Traffic Control Separation Standards.

Appendix B

8.7.4 Separation minima using ATS surveillance systems where VHF voice communication is not available

  • 8.7.4.1 Where direct controller-pilot VHF voice communication is not available, separation minima described in 8.7.4.2, 8.7.4.3 and 8.7.4.4 may be applied utilizing positioning information derived from an ATS surveillance system, provided the following requirements are met:
    • a) a navigational performance of RNP 4 or RNP 2 shall be prescribed;
    • b) the communication system shall satisfy RCP 240;
    • c) an alternate means of communication shall be available so as to allow the controller to intervene and resolve a conflict within a total time of 9 minutes, should the normal means of communication fail; and

      Note.— the total time specified in c) includes the 4 minutes allocated to RCP 240.

    • d) route conformance monitoring shall be ensured by the use of ATS surveillance system lateral deviation alerts with a warning threshold normally set at a maximum 3 NM.
      • 1) Warning thresholds greater than 5.6 km (3.0 NM) may be set, provided the lateral separation minima in 8.7.4.2 a) and 8.7.4.3 are increased by 1.9 km (1.0 NM) for each 1.9 km (1.0 NM) that the warning threshold is increased; and
      • 2) ATS surveillance systems shall provide for the display of alerts in a clear and distinct manner, to enable immediate action by the controller in the event of a lateral deviation.
  • 8.7.4.2 Unless otherwise prescribed in accordance with 8.7.4.3 and 8.7.4.4, the separation minima shall be:
    • a) 35.2 km (19.0 NM) lateral spacing between parallel or non-intersecting tracks;
    • b) 35.2 km (19.0 NM) lateral separation of aircraft operating on intersecting tracks applied in accordance with section 5.4.1.2.1.8 a) and b);
    • c) 31.5 km (17.0 NM) longitudinal separation of aircraft operating on same tracks or crossing tracks applied in accordance with section 5.4.2.9.5 provided that the relative angle between the tracks is less than 90 degrees; and
    • d) opposite direction aircraft on reciprocal tracks may be cleared to climb or descend to or through the levels occupied by another aircraft, provided that surveillance position reports have been received from both aircraft demonstrating the aircraft have passed each other by 9.3 km (5.0 NM).
  • 8.7.4.3 The separation minimum in 8.7.4.2 a) may, if so prescribed by the appropriate ATS authority, be reduced, but not below 27.8 km (15.0 NM), provided either:
    • a) the density of traffic in the airspace, as measured by occupancy, is less than 0.6; or
    • b) the proportion of total flight time spent by aircraft off the cleared track does not exceed the following:
      • 1) for aircraft deviating 13.0 km (7.0 NM) or more off the cleared track, 3 × 10-5 per flight hour; and
      • 2) for aircraft deviating 20.4 km (11.0 NM) or more off the cleared track, 1 × 10-5 per flight hour.
  • 8.7.4.4 The separation minimum in 8.7.4.2 c) may be reduced to 26 km (14 NM), provided that the relative angle between the tracks is less than 45 degrees.
  • 8.7.4.5 Vectoring shall not be used in the application of these separation minima.

Note 1.— Guidance material for the implementation of the navigation capability supporting the separation minima in 8.7.4.2, 8.7.4.3 and 8.7.4.4 is contained in the Performance-based Navigation (PBN) Manual (Doc 9613).

Note 2.— Guidance material for the implementation of communication and surveillance capability supporting the separation minima in 8.7.4.2, 8.7.4.3 and 8.7.4.4 is contained in the Performance-based Communication and Surveillance (PBCS) Manual (Doc 9869) and the Global Operational Data Link (GOLD) Manual (Doc 10037).

Note 3.— Detailed information on the analysis used to determine these separation minima, as well as their implementation considerations, tolerable values for occupancy and deviation rates and associated monitoring procedures, are contained in the Manual for Separation Minima Using ATS Surveillance Systems Where VHF Voice Communication is not Available (Doc 10116).

Note 4.— Application of the separation minima in 8.7.4.2, 8.7.4.3 and 8.7.4.4 includes elements of both procedural control and ATS surveillance services; refer to Annex 1 — Personnel Licensing for applicable air traffic controller rating requirements.

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