EXEMPTION FROM THE REQUIREMENTS SET OUT IN SUBSECTION 5.1(b) 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

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 air traffic controllers working for hire or reward for NAV CANADA in the Gander and Montreal Area Control Centres from the requirements set out in Subsection 5.1(b) 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 (CARs), pursuant to the conditions outlined below. 

The requirements of Subsection 5.1(b) of Chapter 2 of Standard 821-Canadian Domestic Air Traffic Control Separation Standards are detailed in Appendix A to this exemption.

PURPOSE

This exemption permits air traffic controllers working for hire or reward for NAV Canada to apply a 5-minute longitudinal separation minimum between specific aircraft operating from the Gander Oceanic Control Area. (OCA)

APPLICATION

This exemption applies only to air traffic controllers working for hire or reward for NAV CANADA in the Gander and Montreal Area Control Centres when applying a 5-minute separation minimum between specific westbound aircraft operating from the Gander Oceanic Control Area.

CONDITIONS

This exemption is subject to the following conditions:

  1. NAV CANADA air traffic controllers may apply 5 minute separation (RlongSM) between two aircraft operating in Canadian Domestic Airspace which meet the following conditions:
    1. the aircraft are certified to the Minimum Navigation Performance Specifications (MNPS),
    2. the aircraft are operating westbound from the Gander OCA MNPS airspace from Flight Level 290 to Flight Level 410 inclusive,
    3. the aircraft have reported over a common point in the Gander OCA and follow the same track or continuously diverging tracks and a minimum 5 minutes separation continues to exist until another form of separation is established,
    4. VHF DCPC is established and maintained with the concerned aircraft,
    5. position reports  are obtained at intervals not to exceed 18 minutes and extend from the last CPDLC report in the Gander OCA until another form of separation is applied,
    6. the 5 minute separation shall be applied to an accuracy of 1 second until another form of separation is applied, and
    7. transition to a separation minima specified in Standard 821 is completed within 200 miles of the Domestic Flight Information Region (FIR) /Oceanic FIR boundary;
  2. NAV CANADA shall provide training to air traffic controllers in accordance with company policy and procedures and include, as a minimum, the applicable conditions, rules, procedures and contingency operations for application of RLongSM; and
  3. NAV CANADA shall submit all ATS training plans to the Chief, ANS Oversight, National Operations, Transport Canada prior to the beginning of training.

VALIDITY

This exemption is effective October 15, 2010 and remains in effect until the earliest of the following:

  1.  February 28, 2012 at 23:59 EST;
  2. The date on which any of the conditions set out in this exemption is breached; or
  3. The date on which this exemption is cancelled, in writing, by the Minister of Transport 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 22 day of July, 2010, on behalf of the Minister of Transport.

[Original signed by Arlo Speer for Don Sherritt

Don 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)

(a) 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. […]

Standard 821 – Chapter 2

5.1 Aircraft on the same track shall be separated by one of the following minima:

(a) […]

(b) 10 minutes, provided that NAVAID coverage permits determination of position and speed at intervals not exceeding 40 minutes flying time;

(c) […]

(d) […]

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