EXEMPTION FROM SUBECTION 1.1 OF CHAPTER 1 OF THE 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, from the requirements set out in Subsection 1.1 Chapter 1 of the 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), subject to the following conditions.

The requirements of paragraphs 801.01(2)(a) and 801.08(b) of the CARs and Subsection 1.1 of Chapter 1 of the Canadian Domestic Air Traffic Control Separation Standards are set out in Appendix A.

PURPOSE

This exemption allows NAV CANADA as holder of an ATS operations certificate to provide air traffic services at specific operational locations under specific conditions.

This exemption allows NAV CANADA air traffic controllers to issue an air traffic control clearance or an air traffic control instruction in the case of domestic airspace in accordance with specific conditions rather than meeting the requirements set out in Subsection 1.1 Chapter 1 of the Canadian Domestic Air Traffic Control Separation Standards.

This exemption allows NAV CANADA air traffic controllers to apply visual separation in accordance with specific conditions at specified airports for which NAV CANADA has conducted an implementation safety assessment for the introduction of visual separation for IFR departing aircraft and has obtained approval by the Director, Standards, Transport Canada Civil Aviation (TCCA). It also allows NAV CANADA air traffic controllers to assign visual separation responsibility to a pilot of successive IFR aircraft departing from the same, intersecting, non-intersecting and parallel runways at specific airports and in accordance with specific conditions.

APPLICATION

This exemption applies to the following airports:

  1. Calgary International Airport,
  2. Vancouver International Airport,
  3. Montreal Pierre Elliott Trudeau International Airport,
  4. Toronto Lester B Pearson International Airport when NAV CANADA has conducted an implementation safety assessment for the introduction of visual separation for IFR departing aircraft and has obtained approval by the Director, Standards, Transport Canada Civil Aviation (TCCA),
  5. Ottawa MacDonald-Cartier International Airport when NAV CANADA has conducted an implementation safety assessment for the introduction of visual separation for IFR departing aircraft and has obtained approval by the Director, Standards, Transport Canada Civil Aviation (TCCA),
  6. Victoria International Airport when NAV CANADA has conducted an implementation safety assessment for the introduction of visual separation for IFR departing aircraft and has obtained approval by the Director, Standards, Transport Canada Civil Aviation (TCCA),
  7. Halifax Stanfield International Airport when NAV CANADA has conducted an implementation safety assessment for the introduction of visual separation for IFR departing aircraft and has obtained approval by the Director, Standards, Transport Canada Civil Aviation (TCCA), and
  8. Edmonton International Airport when NAV CANADA has conducted an implementation safety assessment for the introduction of visual separation for IFR departing aircraft and has obtained approval by the Director, Standards, Transport Canada Civil Aviation (TCCA).

This exemption applies to a NAV CANADA air traffic controller when applying visual separation standards in the case of domestic airspace between

  1. successive IFR departing aircraft from the same, intersecting, non-intersecting and parallel runways; and
  2. departing IFR aircraft and IFR aircraft on a planned missed approach.

This exemption applies to a NAV CANADA air traffic controller when assigning visual separation responsibility to a pilot of successive IFR aircraft departing from the same, intersecting, non-intersecting and parallel runways.

INTERPRETATION

For the purposes of this exemption, “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.

For the purposes of this exemption, “monitoring program protocol” – means a process by which a particular activity is observed and verified for compliance with established criteria, rules and procedures.

CONDITIONS

This exemption is subject to the following conditions:

  1. NAV CANADA shall establish a monitoring program at the approved airport.
  2. NAV CANADA shall submit its training program for the approved airport to and obtain approval from the Chief, ANS Operations Oversight, National Operations.
  3. NAV CANADA shall provide training to its air traffic controllers as set out in its approved training program for the airport.
  4. NAV CANADA shall publish air traffic control procedures and shall specify procedures for air traffic controllers and pilots and their respective responsibilities for the airport.
  5. NAV CANADA air traffic controllers shall apply, at the airport, visual separation in accordance with the procedures published by NAV CANADA which shall include at least the following minimum requirements:
    1. The airport controller shall achieve and maintain visual separation by:
      1. direct and continuous visual observation of the aircraft; or
      2. assignment of visual separation responsibility to the pilot.
    2. 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; and
      6. wake turbulence separation minima are applied, if required, unless waived by the succeeding aircraft. 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.
    3. 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 is only applied within the control zone and terminal control area of the airport at or below 12,500 feet ASL;
      2. visual separation is not used between successive departing IFR aircraft if wake turbulence separation is required;
      3. the departing IFR aircraft is instructed and accepts responsibility to maintain visual separation from the preceding IFR departing aircraft;
      4. the departing aircraft reports the preceding aircraft in sight;
      5. departure routes, aircraft performance and weather conditions do not preclude maintaining visual separation;
      6. another form of separation, other than visual separation, is established before the aircraft leave the area specified in i). 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.
    4. 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. visual separation is applied within the control zone and terminal control area of the airport at or below 12,500 feet ASL;
      2. the IFR aircraft on the planned missed approach does not intend to land but to continue on an IFR clearance;
      3. visual observation confirms the aircraft that has commenced or is planning to execute a missed approach will not conflict with the departing IFR aircraft;
      4. traffic information is passed to both aircraft;
      5. wake turbulence separation minima are applied, if required, unless waived by the succeeding aircraft;
      6. 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. 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. For the entire period during which the monitoring program protocol is applied at the airport, NAV CANADA shall gather and analyze statistical data at the operational facility.
  2. Prior to January 15, 2011, NAV CANADA shall submit in writing, to the Chief, ANS Operations Oversight, National Operations, a final report that provides an analysis of all the airport data gathered pursuant to condition 11 and that identifies:
    1. the benefits realized as a result of the application of this exemption at the airport,
    2. a comparison of the use of the criteria set out in this exemption against other applicable criteria,
    3. outstanding issues identified during the application of the monitoring program which Transport Canada could consider, and
    4. a substantiated conclusion on the effectiveness of the conditions set out in this exemption and of the published procedures for the purposes of applying this exemption
  3. In those cases where the pilot loses visual contact with the concerned aircraft or the controller loses visual contact with the aircraft, NAV CANADA shall file a reportable occurrence as per section 807.01 of the Canadian Aviation Regulations.
  4. NAV CANADA shall provide, as requested by the Chief, ANS Operations Oversight, National Operations, copies of audio and video recorded data from the operational facilities.
  5. NAV CANADA shall meet all the other requirements set out in the Canadian Domestic Air Traffic Control Separation Standards.

VALIDITY

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

  1. May 31, 2011 at 23:59 EDT;
  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, 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 8 day of December, 2009, on behalf of the Minister of Transport, Infrastructure and Communities.

Original signed by: dated December 8, 2009

D.B. Sherritt
Director, Standards 
Civil Aviation

 

APPENDIX A

801.01(2) No air traffic controller shall issue an air traffic control clearance or an air traffic control instruction except

  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 maneuvering 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.
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