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 have an adverse effect on aviation safety, I hereby exempt NAV CANADA, 77 Metcalfe Street, Ottawa, Ontario K1P 5L6 and all its air traffic controllers from the requirements of paragraphs 5.1(a), 5.1(b) and 9.3.1(a), and sections 9.4.2, 10.4.1 and 10.5.1 of Chapter 2 of Standard 821 ‑ Canadian Domestic Air Traffic Control Separation Standards made pursuant to paragraphs 801.01(2)(a) and 801.08(b) of the Canadian Aviation Regulations, subject to the following conditions.
The text of the above mentioned provisions is set out in Appendix A of this exemption.
This exemption authorizes NAV CANADA and its air traffic controllers to apply a 50 nm longitudinal separation minimum between aircraft meeting the RNP 10 and/or the RNP 4 requirements, while operating between the Oakland Oceanic Control Area (OCA) and the Vancouver Flight Information Region/Control Area (FIR/CTA). Oakland Centre applies ICAO horizontal separation minima in the Oakland OCA based on the RNP concept, as specified in the PANS-ATM. Currently, these separation minima do not exist for application in Canadian Domestic Airspace.
This exemption applies to NAV CANADA and all its air traffic controllers when applying a 50 nm longitudinal separation distance using RNAV concept - where RNP is specified between aircraft meeting the RNP 10 and/or the RNP 4 specification while operating between Oakland OCA (USA) and the Vancouver FIR/CTA (Canada).
The exemption is subject to the following conditions:
NAV CANADA air traffic controllers may apply a 50 nm longitudinal separation minimum distance using RNAV between RNP 10 and/or RNP 4 aircraft while operating between the Oakland OCA and the Vancouver FIR/CTA, from FL 260 to FL 600 provided:
The longitudinal separation minimum is applied between aircraft on the same track, by reference to the same on track waypoint using DCPC via VHF; for aircraft operating on reciprocal tracks, vertical separation may be discontinued if reports indicate the aircraft have passed and are 50 nm or more apart based on distances using RNAV;
The longitudinal separation minimum is not to be applied to aircraft operating on crossing tracks;
When an aircraft fails to report its position, action is taken within 3 minutes to establish communication. If communication is not established within 8 minutes of the time the report should have been received, air traffic controllers shall apply another form of longitudinal separation minimum specified in the Standard 821;
Aircraft entering the Vancouver FIR/CTA are transitioned to a longitudinal separation minimum specified in Standard 821, within 150 nm of the Oakland OCA and Vancouver FIR/CTA common boundary; and
- Where aircraft cannot be transitioned immediately to another longitudinal separation minimum specified in Standard 821 and it is necessary to maintain the 50 nm separation minimum within 150 nm of the Oakland OCA and Vancouver FIR/CTA common boundary, the air traffic controller obtains reports to ensure the longitudinal separation minimum is being maintained upon initial contact with the concerned aircraft.
NAV CANADA shall establish, revise and publish air traffic control procedures, agreements or arrangements for the identification to air traffic controllers of the aircraft’s RNP type and the exchange of information concerning the aircraft’s RNP capability between ATC facilities and between sectors/positions.
NAV CANADA shall establish and publish control procedures in the event of aircraft navigation failure or deterioration below navigation performance requirements.
NAV CANADA shall provide training to air traffic controllers to include at least information on the RNP concept, application of the longitudinal separation minimum, including the applicable conditions, rules and procedures and contingency operations.
This exemption comes into effect on December 6, 2013 and remains in force until the earliest of the following:
June 5, 2015 at 23:59 EDT;
the date on which any of the conditions 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 that it is likely to adversely affect aviation safety.
DATED at Ottawa, Ontario, Canada, this 26 day of November 26, 2013, on behalf of the Minister of Transport.
O/S by Denis Guindon
Captain Denis Guindon
Director - National Operations Branch
Relevant CARs provisions
801.01(2) No air traffic controller shall issue an air traffic control clearance or an air traffic control instruction except
- in the case of domestic airspace, in accordance with the Canadian Domestic Air Traffic Control Separation Standards; and
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
(b) in the case of air traffic control services, the Canadian Domestic Air Traffic Control Separation Standards.
Relevant Standards 821 provisions
CHAPTER 2 - AREA AND TERMINAL SEPARATION
5.0 Longitudinal Separation
5.1 Aircraft on the same track shall be separated by one of the following minima:
(a) 15 minutes;
(b) 10 minutes, provided that NAVAID coverage permits determination of position and speed at intervals not exceeding 40 minutes flying time;
9.0Canadian Minimum Navigation Performance Specifications (CMNPS) Minima
9.3 Longitudinal Separation
9.3.1 Aircraft shall be separated by 15 minutes if they will follow:
(a) the same track; or
9.4 Longitudinal Separation - Mach-Number Technique
9.4.2 Aircraft shall be separated by 10 minutes provided that:
(a) the Mach-number technique is used;
(b) the aircraft are in level flight, climbing or descending;
(c) the aircraft are operating on the identical track or continuously diverging tracks;
(d) the aircraft have reported over a common point; and
(e) the required longitudinal separation will be maintained until tracks diverge; and, when tracks diverge, the required lateral separation and at least 5 minutes longitudinal separation will exist at the point where lateral separation is achieved.
10.0 Required Navigation Performance Capability (RNPC) Minima
10.4 Longitudinal Separation
10.4.1 RNPC certified aircraft operating on the same track, or crossing tracks, shall be separated by a minimum of 10 minutes.
10.5 Longitudinal Separation - Mach-Number Technique
10.5.1 RNPC certified aircraft shall be separated by 10 minutes provided that:
(a) the Mach-number technique is used;
(b) aircraft are in level flight, climbing or descending;
(c) aircraft are operating on the same track or continuously diverging tracks;
(d) aircraft have reported over a common point; and
(e) the required longitudinal separation will be maintained until tracks diverge; and, when tracks diverge, the required lateral separation and at least 5 minutes longitudinal separation will exist at the next significant point.
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