EXEMPTION FROM PARAGRAPHS 801.01(2)(a) AND 801.08(b) OF THE CANADIAN AVIATION REGULATIONS AND SUBECTION 1.1 OF CHAPTER 1 OF THE CANADIAN DOMESTIC AIR TRAFFIC CONTROL SEPARATION STANDARDS

From: Transport Canada

EXEMPTION FROM PARAGRAPHS 801.01(2)(a) AND 801.08(b) OF THE CANADIAN AVIATION REGULATIONS AND SUBECTION 1.1 OF CHAPTER 1 OF THE CANADIAN DOMESTIC AIR TRAFFIC CONTROL SEPARATION STANDARDS

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 NAV CANADA, 77 Metcalfe Street, Ottawa, Ontario, K1P 5L6, and all NAV CANADA air traffic controllers working for hire or reward for NAV CANADA, from the requirements set out in Subsection 1.1 Chapter 1 of the Canadian Domestic Air Traffic Control Separation Standards (the Standards) made pursuant to paragraph 801.01(2)(a) and paragraph 801.08(b) of the Canadian Aviation Regulations (CARs).  This exemption is subject to the following conditions.

The requirements of paragraph 801.01(2)(a) and 801.08(b) of the CARs, the Definitions contained in the Foreword, Subsection 1.1 of Chapter 1 of the Standards are detailed in Appendix A.

This exemption permits NAV CANADA air traffic controllers to, while using the visual separation standards specified in Appendix B:

  1.   apply visual separation between:
    1. successive IFR departing aircraft from the same, intersecting, non-intersecting and parallel runways;
    2. departing IFR aircraft and IFR aircraft on a planned missed approach; and
  2. assign visual separation responsibility to a pilot of successive IFR aircraft departing from the same, intersecting, non-intersecting and parallel runways.

APPLICATION

This exemption applies only to NAV CANADA and air traffic controllers working for hire or reward for NAV CANADA when applying visual separation standards.

CONDITIONS

This exemption is subject to the following conditions:

  1. NAV CANADA shall:
    1. conduct implementation safety assessments for the introduction of visual separation for IFR departing aircraft for each of the following airports, which implementation safety assessments will be subject to the approval of the Director, Standards, Transport Canada Civil Aviation (TCCA),
      1. Calgary International Airport,
      2. Vancouver International Airport,
      3. Toronto Lester B Pearson International Airport,
      4. Montreal Pierre Elliott Trudeau International Airport,
    2. publish air traffic control procedures for the application of visual separation for the approved airports specifying air traffic controller and pilot procedures and responsibilities,
    3. provide air traffic controllers training as specified in a program approved by the Minister of Transport, Infrastructure and Communities,
    4. establish a monitoring program and provide monthly reports to Chief, ANS Oversight, National Operations, TCCA , detailing the circumstances where visual separation is applied and the controller or the pilot loses visual contact with the concerned aircraft and the action taken by the controller,
    5. file as a  reportable occurrence where, in the application of the standards specified in Appendix B, the pilot loses visual contact with the concerned aircraft or the controller loses visual contact with the aircraft,
    6. provide, as requested, copies of audio and video recorded data from all facilities involved in the trial, and
  2. NAV CANADA air traffic controllers shall:
    1. apply the visual separation standards specified at Appendix B  only at the airports approved by the Director, Standards, TCCA, and
    2. apply the visual separation standard as specified in section 1.3 in Appendix B at or below 12,500 feet ASL within the following control zones and Terminal Control Areas (TCA):
      1. Calgary
      2. Vancouver
      3. Toronto
      4. Montreal International (PET)

VALIDITY

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

  1. October 31, 2009 at 23:59 EDT;
  2.  The date on which any of the conditions set out in this exemption is breached;
  3. (c) The date on which an amendment to the appropriate provisions of the Canadian Aviation Regulations or related standards comes into effect; or
  4. The date on which this exemption is cancelled, in writing, by the Minister of Transport, Infrastructure and Communities where he is of the opinion that it is no longer in the public interest or that it is likely to affect aviation safety.

DATED at Ottawa, Ontario, Canada this 5th day of   June 2008, on behalf of the Minister of Transport, Infrastructure and Communities.

Original signed by:
Brian Whitehead for/

D. Sherritt
Director, Standards 
Civil Aviation
Transport Canada 

APPENDIX A

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)

  1. 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

  1. in the case of air traffic control services, the Canadian Domestic Air Traffic Control Separation Standards.

Standard 821 Canadian Air Traffic Control Separation Standards

Definitions

"visual separation" - A means employed by controllers to separate aircraft operating in VMC.

  1. "VFR" - The controller having determined that a potential conflict exists, issues clearances, instructions and/or information, as necessary in order to either aid aircraft in establishing visual contact with each other or to assist aircraft in avoiding other aircraft.
  2. "IFR" or "CVFR" - Following a pilot's report that the traffic is in sight, the controller issues the clearance and instructs the pilot to provide his/her own separation by manoeuvring the aircraft as necessary to avoid or follow the traffic.

CHAPTER 1 - VISUAL SEPARATION

1.0 Successive IFR Departures from the Same Runway

1.1 The following conditions shall be met when using visual separation to release successive IFR aircraft departing from the same runway:

  1. visual observation confirms that the preceding IFR aircraft has departed and has turned to clear the departure path of the succeeding aircraft, or has reached a point on its departure path where it will no longer conflict with the departure path of the succeeding aircraft;
  2. initial departure tracks diverge by 30 degrees or more;
  3. traffic information is passed to the succeeding aircraft;
  4. applicable wake turbulence minima are complied with, unless waived by the succeeding aircraft. 

APPENDIX B

Definitions

“visual separation” – means a method of spacing aircraft below FL 180 through the use of visual observation by an airport controller or by a pilot when assigned separation responsibility.

General

  1. Visual separation shall be achieved and maintained by:
    1. an airport controller’s direct and continuous visual observation of the aircraft; or
    2. assignment of visual separation responsibility to the pilot.

Successive IFR Departures from the Same, Intersecting, Non-intersecting or Parallel Runways

1.1 The following conditions shall be met when an airport controller is using visual separation to release successive IFR aircraft departing from the same, intersecting, non-intersecting or parallel runways:

  1. visual observation confirms that the preceding IFR aircraft has departed and has turned to clear the departure path of the succeeding aircraft, or has reached a point on its departure path where it will no longer conflict with the departure path of the succeeding aircraft;
  2. visual separation is maintained until another form of separation is achieved;
  3. another form of separation, other than visual separation, is established or aircraft are established on tracks that diverge by 15 degrees or more before control of the aircraft are transferred to the terminal controller;
  4. traffic information is passed to the succeeding aircraft;
  5. departure routes, aircraft performance and weather conditions do not preclude maintaining visual separation;
  6. wake turbulence separation minima are applied, if required, unless waived by the succeeding aircraft.

Information note:

Another form of separation exists if an appropriate radar or non-radar separation minimum is applied or the aircraft are established on tracks that diverge by 15 degrees or more.

1.2 The following conditions shall be met when an airport controller releases successive IFR aircraft departing from the same, intersecting, non-intersecting or parallel runways and assigns visual separation responsibility to the pilot:

  1. visual separation shall only be applied within the control zone and terminal control area at or below 12,500 feet ASL;
  2. the departing IFR aircraft is instructed and accepts responsibility to maintain visual separation from the preceding IFR departing aircraft;
  3. the departing aircraft reports the preceding aircraft in sight;
  4. departure routes, aircraft performance and weather conditions do not preclude maintaining visual separation;
  5. another form of separation, other than visual separation, is established before the aircraft leave the area specified in a);

1.2.1 The application of visual separation specified in 1.2 shall not be used between successive departing IFR aircraft if wake turbulence separation is required.

Information note:

Another form of separation exists if an appropriate radar or non-radar separation minimum is applied or the aircraft are established on tracks that diverge by 15 degrees or more.

1.3 The following conditions shall be met when an airport controller is using visual separation to release departing IFR aircraft and IFR aircraft on a planned missed approach:

  1. the IFR aircraft on the planned missed approach does not intend to land but to continue on an IFR clearance;
  2. visual observation confirms the aircraft that has commenced or is planning to execute a missed approach will not conflict with the departing IFR aircraft;
  3. traffic information is passed to both aircraft;
  4. wake turbulence separation minima are applied, if required, unless waived by the succeeding aircraft;
  5. another form of separation, other than visual separation, is established or aircraft are established on tracks that diverge by 15 degrees or more before control of the aircraft are transferred to the terminal controller.

Information note:

Another form of separation exists if an appropriate radar or non-radar separation minimum is applied or the aircraft are established on tracks that diverge by 15 degrees or more.

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