15. Aircraft and vessels of concern

Russian Humanitarian Flights & TC Investigation

Chronology

• 8:10 pm February 26, 2022: Transport Canada (TC) confirmed with NAV CANADA intent to issue a NOTAM to close Canadian territorial airspace to all Russian aircraft operators.  
• 10:36 am February 27, 2022: Transport Canada (TC) issued, and NAV CANADA published at 10:40 a.m., a Notice to Airmen (NOTAM) which closed Canadian territorial airspace to all Russian aircraft operators.
• 4:15pm February 27, 2022:  Following the issue of the NOTAM, a meeting was held between TC officials and NAV CANADA where it was discussed that in-flight aviation safety emergencies would be allowed to enter Canada territorial airspace.
• ~7:00pm February 27, 2022: Russian Aeroflot flight 111 entered Canadian territorial airspace while enroute from Miami to Moscow. Aeroflot flight 111 departed Miami at 2:29PM local time February 27, and while enroute to Moscow, flew over parts of New Brunswick, Quebec and Labrador.
• 3:17pm February 28, 2022: Following this incident, TC provided clear and unequivocal written authority to NAV CANADA to deny Air Traffic Services to flights not compliant with the NOTAM and specified that it included Humanitarian, MEDEVAC and Search and Rescue (with the exception being declared emergencies).

Preliminary TC Investigation Findings

• Aeroflot flight 111 indicated it was aware of the NOTAM yet proceeded to enter Canadian airspace on the grounds that it was a humanitarian flight and had “clearance to fly”.
• This status was relayed by US FAA air traffic controllers to NAV CANADA air traffic controllers. 
• Based on NAV CANADA protocols at the time, the air traffic controllers did not have the authority to deny airspace access to an airborne aircraft declaring itself a humanitarian flight, medical emergency/MEDEVAC or emergency flight.  

NAV CANADA Corrective Action – Investigation Closed

• TC can confirm that following receipt of the written direction, NAV CANADA took immediate action, by updating their staff guidance, training and Operating Procedures, to ensure this situation does not occur again utilizing a process in compliance with their regulated safety management system.
• Following this first breach by Aeroflot Flight 111, two other Russian aircraft attempted to declare themselves humanitarian as well, but were, at the request of NAV CANADA, told by the FAA to divert and travel around Canadian airspace.   These aircraft complied with that direction.
• TC is satisfied of the corrective action taken, demonstrated by the successful diversions that have taken place since the Aeroflot incursion.

Continued Investigation into Aeroflot’s Actions

• TC believes that the crew of the operator of the aircraft (Aeroflot) were intentionally deceptive in declaring a passenger flight from Miami to Russia to be a humanitarian flight.
• Therefore, the Department continues to investigative allegations of Aeroflot falsely flagging humanitarian flights. The investigation will follow the same procedures as a recent investigation into an aircraft which landed in Yellowknife after being chartered by a Russian citizen.
• Having recently reviewed the transcripts of interactions between Air Traffic Control agencies, Transport Canada Civil Aviation (TCCA) will be referring the investigation of Aeroflot to the local Regional Director and Regional Enforcement Unit as per the Standard Operating Procedures.
• The next steps are for regional officials to build an investigation team and gather additional information from NAV CANADA, Aeroflot and other parties as appropriate.
• Depending on the results of ongoing investigations into Aeroflot’s actions, a number of options are open to Canada including Administrative Monetary Penalties, and the suspension or cancellation of Foreign Air Operator Certificates (FAOCs). 

Other NOTAM-Related Occurrences

• Note also that one Russian-registered aircraft (an AN-124 cargo aircraft) landed in Toronto prior to the imposition of the NOTAM.  That aircraft is not being permitted to leave Toronto due to such a flight contravening the requirements of the NOTAM.
• A third, non-Russian aircraft (but chartered by a Russian citizen) landed in Yellowknife and was reported to TC by CBSA authorities. This resulted in the conduct of an in-depth investigation which resulted in the operator, pilots, and Russian passenger who chartered the aircraft being issued Administrative Monetary Penalties under provisions of the Canadian Aviation Regulations (CARs), totalling $24,000 CAD

Russian Vessels and Aircrafts – Cheat Sheet (full details in the QAs)