Pursuant to subsections 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, I hereby exempt NAV CANADA, 77 Metcalfe Street, Ottawa, Ontario, K1P 5L6 and all its air traffic controllers working for hire or reward from the requirements set out in paragraphs 9.2, 9.2.1, 9.2.2(a), (b), (c) and 9.2.3(a) and (b) of Chapter 2 of Standard 821 Ã¢â‚¬â€œ Canadian Domestic Air Traffic Control Separation Standardsmade pursuant to paragraphs 801.01(2)(a) and 801.08(b) of the Canadian Aviation Regulations (CARs) subject to the following conditions.The requirements of paragraphs 801.01(2)(a) and 801.08(b) of the CARs and paragraphs 9.2, 9.2.1, 9.2.2(a), (b), and (c) and 9.2.3(a) and (b) of Chapter 2 of Standard 821 Ã¢â‚¬â€œ Canadian Domestic Air Traffic Control Separation Standards are set out in Appendix A.
This exemption permits NAV CANADA and all its air traffic controllers working for hire or reward to implement and use a Required Navigation Performance (RNP) 10 lateral separation standard (equivalent to 50 nautical miles (nm) total width between aeroplanes) in airspace situated in Northern Canada where a 60 nm lateral separation standard between aeroplanes normally would apply.
Specifically, this exemption authorizes NAV CANADA air traffic controllers to issue a clearance that enables Instrument Flight Rules (IFR) aeroplanes to fly with 50 nm lateral spacing based on certain aircraft navigation performance capability that employs long-range Inertial Navigation System (INS) and the Global Navigation Satellite System (GNSS), where those aeroplanes are certified to operate based on an RNP 10 or RNP 4 capability.
The RNP 10 (50 nm lateral spacing standard) is an International Civil Aviation Organization (ICAO) approved standard and is also in use by the Federal Aviation Administration (FAA) for operations between aeroplanes at the same altitude on the Pacific Ocean, in Alaska and Australian airspace. By using this criterion in Canada it will harmonize this separation standard between Canada and the United States in areas where our mutual boundary exists in Northern Canada with Alaska. Presently, a ministerial exemption exists for NAV CANADA to accept RNP 10 (50 nm) separated aeroplanes arriving off the Pacific Ocean airspace into Canadian domestic airspace in the Vancouver Flight Information Region (FIR).
This exemption permits NAV CANADA and all its air traffic controllers working for hire or reward in Edmonton Area Control Centre which provide service in the NORTHERN AND ARCTIC CONTROL AREAS, in an area similarly bounded geographically as the Canadian Minimum Navigation Performance Specifications (CMNPS) airspace, to apply a RNP10 (50 nm) lateral separation standard where a 60 nm or greater lateral separation minima is normally applied.
The exemption is subject to the following conditions:
NAV CANADA air traffic controllers may provide this separation standard in Class “A” airspace between Flight Level (FL) 230 to FL 600 and FL 270 to FL 600 respectively, in the NORTHERN AND ARCTIC CONTROL AREAS.
NAV CANADA air traffic controllers may apply a 50 nm lateral separation minimum standard based on distance between RNP 10 and/or RNP 4 certified aeroplanes.
NAV CANADA air traffic controllers may use the Canadian Automated Air Traffic System (CAATS) which is capable of providing conflict prediction by taking into account protected airspace concepts based on RNP 10 lateral separation criteria.Ã‚Â
In the event of a CAATS failure, NAV CANADA air traffic controllers shall immediately transition to another form of separation.
NAV CANADA air traffic controllers who are trained for the use of this lateral separation criterion shall have it documented in their training file.
The exemption must be in effect from May 25, 2014 at 23:59 EDT until the earliest of the following:
(a) November 25, 2015 at 23:59 EST;
(b) the date on which any of the conditions set out in this exemption is breached; or
(c) 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 14th day of April, 2014 on behalf of the Minister of Transport.
“Original signed by”
Captain Denis Guindon
National Operations Branch
Civil Aviation, Transport Canada
801.01 (2) No air traffic controller shall issue an air traffic control clearance or an air traffic control instruction except
(amended 2002/09/24; previous version)
(a) In the case of domestic airspace, in accordance with the Canadian Domestic Air Traffic Control Separation Standards;
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.
9.0Canadian Minimum Navigation Performance Specifications (CMNPS) Minima
9.2 Lateral Separation
9.2.1 Aircraft shall be separated laterally by 60 miles based on the distance between track centre lines.
9.2.2 The following conditions shall be met when aircraft are separated laterally with reference to their difference in latitude, using 1 degree instead of 60 miles, provided that, in any interval of 10 degrees of longitude, the change in latitude of one of the tracks does not exceed:
(a) 1 degree in the area between 70 degrees North and 80 degrees North;
(b) 2 degrees in the area between 58 degrees North and 70 degrees North; and
(c) 3 degrees in the area south of 58 degrees North.
9.2.3 Aircraft shall be separated laterally by 60 miles while they are operating on tracks that:
(a) are north of 80 degrees North; or
(b) have a change in latitude which exceeds the allowable limits in Chapter 2, subsection 10.4.2.
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