EXEMPTION FROM SUBSECTION 801.01(2) 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 adversely affect aviation safety, I hereby exempt all air traffic controllers working for NAV CANADA, 77 Metcalfe Street, Ottawa, Ontario K1P 5L6 who have been trained and qualified by NAV CANADA as competent users of MLAT technology, from paragraph 801.01(2) of the Canadian Aviation Regulations (CARs), with respect to the introduction and use of separation minima that may be used in conjunction with MLAT technology pursuant to the requirements of subsection 4.1.2 of Chapter 1, subparagraphs 9.4.4 (b) (ii), 10.5.2 (b) and 11.5.1 of Chapter 2, sections, 1.1, , 2.1, 2.2, 2.3, 2.4, 2.5, 2.6, 2.7, 3.1, 5.1 and subsections 6.1.1, 6.2.1, 6.2.2, 6.3.1, 6.3.2, 6.3.3, 6.4.1, section 7.1, subsections 8.1.1, 8.2.1 and 8.3.1 of Chapter 3 of Standard 821 – Canadian Domestic Air Traffic Control Separation Standards made pursuant to section 801.01(2) of the CARs, subject to the conditions set out below.

Details of paragraph 801.01(2) of the CARs and relevant standards of the Canadian Domestic Air Traffic Control Separation Standards are found in Appendix A of this exemption.

PURPOSE

This exemption allows all air traffic controllers working for NAV CANADA, who have been trained and qualified by NAV CANADA as competent users of MLAT technology, to apply some of the radar separation standards in Chapter 2 and 3 of the Standard 821 – Canadian Domestic Air Traffic Control Separation Standards when using an MLAT technology in lieu of radar.

APPLICATION

This exemption applies to all air traffic controllers working for NAV CANADA who are trained and qualified to use MLAT technology for the application of  radar separation standards when using MLAT technology in lieu of radar.

This exemption only applies if:

  1. the exemption NCR 047A-2012 issued to NAV CANADA on 12 March 2013 is in effect;

  2. the conditions in the exemption referred to in a) have all been met; and

  3. the exemption referred to in a) has not been cancelled by the Minister of Transport.

CONDITIONS

This exemption is subject to the following conditions:

  1. Air traffic controllers shall use the term “MLAT” in the same context as it applies to the term “radar” referenced in Appendix A to this exemption.

  2. Air traffic controllers shall apply MLAT technology in the same manner as they would apply the relevant radar separation standards referenced in Appendix A to this exemption.

  3. The use of MLAT technology by NAV CANADA Air traffic controllers for separation purposes must be predicated on the conditions stipulated in exemption NCR 047A-2012 issued to NAV CANADA’s requirements being met.

VALIDITY

This exemption is effective until the earliest of the following:

  1. March 1st, 2018 at 23:59 EDT; 

  2. the date on which any of the conditions set out in this exemption is breached;

  3. the date on which any of the conditions set out in the exemption NCR 047A-2012 issued to NAV CANADA on 12 March 2013 is breached;

  4. the date on which the exemption referred to in (c) is cancelled by the Minister of Transport or is no longer in effect; or

  5. 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 adversely affect aviation safety.

DATED at Ottawa, Ontario, Canada this 12th day of March 2013, on behalf of the Minister of Transport.

 

[original signed by Aaron McCrorie for]

 

Martin J. Eley
Director General
Civil Aviation

 

 
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