EXEMPTION FROM SUBSECTION 7.1 CHAPTER 2 OF THE CANADIAN DOMESTIC AIR TRAFFIC CONTROL SEPARATION STANDARDS MADE PURSUANT TO PARGRAPHS 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 taking into account that the exemption is 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 at the Vancouver Area Control Centre, from the requirements set out in subsection 7.1 Chapter 2 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 subject to the following conditions.

The requirements of paragraphs 801.01(2)(a) and 801.08(b) of the Canadian Aviation Regulations and subsection 7.1 Chapter 2 of the Canadian Domestic Air Traffic Control Separation Standards are set out in Appendix A to this exemption.

PURPOSE

This exemption allows NAV CANADA as the holder of an ATS operations certificate and all its air traffic controllers working at the Vancouver Area Control Centre, to provide air traffic control services in the vicinity of Vancouver, British Columbia, without applying separation between an aircraft and the outer edge of restricted airspace during the 2010 Winter Olympic Games. e.

APPLICATION

This exemption applies to NAV CANADA, 77 Metcalfe Street, Ottawa, Ontario, K1P 5L6, and all air traffic controllers working for hire or reward for NAV CANADA at the Vancouver Area Control Centre as to allow for the provision of air traffic control services, without applying separation between an aircraft and the outer edge of Class F restricted airspace designated as CYRs185, 186, 187, 188, 189, 190, 191, 192, 193, 194, and 195 specifically established for the 2010 Winter Olympic Games.

CONDITIONS

This exemption is subject to the following conditions:

  1. NAV CANADA is the controlling agency in the restricted airspace established for the 2010 Winter Olympic Games.
  2. The air traffic controllers providing service in the restricted airspaces are all qualified controllers working for NAV CANADA and have provided services in the Vancouver area previously.
  3. NAV CANADA shall ensure that, aircraft provided with air traffic control services, which are not authorized to enter a restricted airspace by the User Agency, are not authorized to penetrate that airspace. 
  4. NAV CANADA shall disseminate a copy of this exemption to the User Agency (RCMP).
  5. NAV CANADA shall ensure information in this exemption is published in an appropriate operational manner and made available to the air traffic controllers providing air traffic services in the restricted airspace subject to this exemption and specifically established for the 2010 Winter Olympic Games.

VALIDITY

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

  1. March 31, 2010 at 23:59 EDT;
  2. The date on which any of the conditions set out in this exemption are 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 26th day of January, 2010, on behalf of the Minister of Transport.

O/S by Derek Howes for Jennifer J. Taylor – Jan. 26, 2010

Jennifer Taylor
Director, National Operations
Civil Aviation
Transport Canada.

Appendix A

801.01 (1) […]

(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

(a) […]

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

CAR 821 Standard

7.1 Separation shall be applied between an aircraft and the outer edge of Class F airspace, except if:

  1. the aircraft states that it has obtained permission from the user agency to enter the airspace;
  2. the aircraft is operating on an ALTRV APVL; or
  3. the aircraft has been cleared for a contact or visual approach.