Pursuant to standing order 108(2): Canada’s Preparedness and Response to Potential Threats from Russia in Canadian Territorial Airspace
Table of Content:
Q1. What is a Notice to Airmen (NOTAM)?..........................................................................2
Q2. Why was the NOTAM issued?........................................................................................2
Q3. What does the NOTAM do exactly?...............................................................................2
Q4. How did Russia respond to Canada’s issuing of this NOTAM?..................................2
Q5. What effects will this have on Canadian operators?...............................................2-3
Q6. Could we suspend the Canadian Foreign Operator Certificates of Russian air operators from operating into Canada?........................................................................3
Q7. Could we restrict or delay Russia’s access to Canadian Aeronautical Products (i.e., economic sanction)?...............................................................................................3
Q8. What enforcement actions can be taken by the department?.....................................3
Q9. Under what authority is Canada closing its airspace?................................................3
Q10. How can we ensure that Russian aircraft do not enter Canadian territorial airspace?.......................................................................................................................3-4
Q11. What has been the impact of this Canadian airspace closure on flights to/from Russia?.............................................................................................................................4
Q12. What other countries taking similar action against Russia by closing their airspace?..........................................................................................................................4
Q13. Which countries have restricted airspace?...............................................................4-5
Marine:
Q14: Are Russian vessels currently permitted in Canadian waters?..................................5
QUESTIONS AND ANSWERS
Airspace:
Q1. What is a Notice to Airmen (NOTAM)?
A1. A NOTAM is a legal instrument that can be made under section 5.1 of the Aeronautics Act, to prohibit or restrict the operation of aircraft on or over any area or within any airspace if the Minister is of the opinion that the prohibition or restriction is necessary for aviation safety or security or the protection of the public.
Q2. Why was the NOTAM issued?
A2. The Government of Canada continues to take strong and decisive action in response to Russian military action targeting Ukraine. As part of a suite of economic countermeasures against the Russian Federation following its invasion of Ukraine, the Government of Canada closed Canada’s territorial airspace to Russian operators on February 27, 2022.
Q3. What does the NOTAM do exactly?
A3. The NOTAM is the medium to inform the aviation community and operators of the decision made by the Canadian Authorities to close the Canadian territorial airspace to all Russian aircraft operators. These actions are authorized by Article 89 of the Chicago Convention and this decision prohibits the operation of Russian-owned, chartered or privately operated aircraft in Canadian territorial airspace – this includes the airspace above Canada’s landmass and over its territorial waters (within 12 nautical miles of Canada’s coasts). This ban does not prevent Russia from flying in airspace controlled by Canadian air traffic controllers over the high seas (i.e., North Atlantic).
Regarding overflight rights, Russian operators are no longer permitted to enter Canadian airspace while enroute to other international destinations (i.e., Caribbean destinations).
This airspace closure is effective immediately and will remain in place until further notice.
Q4. How did Russia respond to Canada’s issuing of this NOTAM?
A4. In response, Russia implemented a counter ban on Canadian operators and aircraft from entering and/or flying in Russian airspace. As a result, overflight rights previously given under the Canada-Russia Air Transport Agreement (ATA) between the two countries are suspended until further notice.
Q5. What effects will this have on Canadian operators?
A5. Canadian airlines and operators often fly over Russian territory on certain international routes (i.e., from Delhi and Seoul). Per Russia’s counter ban, Canadian operators are now prohibited from entering Russian airspace while enroute to these international destinations.
To account for this, affected air operators have implemented alternative arrangements (i.e., longer routings, sometimes with a fuel stop) for these routes.
Q6. Could we suspend the Canadian Foreign Operator Certificates of Russian air operators from operating into Canada?
A6. While there are some Russian commercial and cargo air operators certified to operate in Canada, the few that are operating are cargo charter flights, with some carrying COVID-related materials.
Transport Canada will continue to monitor the planning of these operators for changes and potential actions against operations to Canada.
Q7. Could we restrict or delay Russia’s access to Canadian Aeronautical Products (i.e., economic sanction)?
A7. While Transport Canada does not have the authority to restrict the export of these products, it could stop or slow information sharing with the Federal Air Transport Authority (FATA) so that new/non-approved products cannot be approved and shared with other aviation markets.
Although Russia currently relies on Canadian supply chains, without similar economic sanctions by other international agencies/countries (Europe, USA, and Brazil), Russia could find alternative suppliers. Canada exports significant aeronautical products to Russia, in comparison to the aeronautical products imported from Russia into Canada.
Q8. What enforcement actions can be taken by the department?
A8. In accordance with the Canadian Aviation Regulations (CARs), Transport Canada can issue administrative monetary penalties (fines) for incidents of non-compliance with the NOTAM.
According to the CARs, corporations that are convicted of violating an airspace restriction may be subject to a fine of up to $15,000.
The department will not hesitate to take enforcement action should incidents of non-compliance with the regulations and restrictions be found.
Q9. Under what authority is Canada closing its airspace?
A9. This move, which mirrors those taken by a host of our international partners, was justified on the basis of international conventions, and the associated suspension of our Air Transport Agreement with Russia.
That agreement governs the operation of scheduled services between Canada and Russia.
Q10. How can we ensure that Russian aircraft do not enter Canadian territorial airspace?
A10. On February 28, NAV CANADA implemented new protocols for their Air Traffic Controllers to follow for any Russian registered or owned aircraft trying to enter Canadian territorial airspace.
Transport Canada continues to work with NAV CANADA to monitor the situation.
Q11. What has been the impact of this Canadian airspace closure on flights to/from Russia?
A11. Canadian airlines were not operating to Russia, and Russian airlines suspended service to Canada in 2014.
However, our move effectively cut off viable access for Russian airlines to the United States, and much of the Caribbean and Mexico.
A few days after our announcement, the United States followed suit and closed its airspace to Russia, which essentially rendered transatlantic service by Russian airlines non-viable.
Conversely, however, Russia restricted access to its airspace. This has required Air Canada to operate longer routings to some countries in the Indo-Pacific region, for example, Korea.
Q12. What other countries taking similar action against Russia by closing their airspace?
A12. Approximately forty countries, including those in the EU, the U.K. and the U.S. have suspended Russian air access.
Q13. Which countries have restricted airspace?
A13.
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Countries that have banned Russian overflight/closed airspace |
Countries Russia has banned from overflying/closed airspace |
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Albania Austria (EU) Belgium (EU) Bermuda Bulgaria (EU) Canada Croatia (EU) Cyprus (EU) Czech Republic (EU) Denmark (EU) Estonia (EU) Finland (EU) France (EU) Germany (EU) Greece (EU) Hungary (EU) Iceland Ireland (EU) Italy (EU) Latvia (EU) Lithuania (EU) Luxembourg (EU) Malta (EU) Moldova Montenegro the Netherlands (EU) North Macedonia Norway Poland (EU) Portugal (EU) Romania (EU) Slovakia (EU) Slovenia (EU) Spain (EU) Sweden (EU) Switzerland United Kingdom (incl. overseas territories) United States of America |
Albania Austria (EU) Belgium (EU) Bulgaria (EU) Canada Croatia (EU) Cyprus (EU) Czech Republic (EU) Denmark (EU) Estonia (EU) Finland (EU) France (EU) Germany (EU) Greece (EU) Hungary Iceland Ireland (EU) Italy (EU) Latvia (EU) Lithuania (EU) Luxembourg (EU) Malta (EU) Netherlands (EU) Norway Poland (EU) Portugal (EU) Romania (EU) Slovakia (EU) Slovenia (EU) Spain (EU) Sweden (EU) Switzerland United Kingdom (incl. overseas territories) |
Marine:
Q14. Are Russian vessels currently permitted in Canadian waters?
A14. Russian vessels are prohibited from entering Canadian ports and internal waters. This prohibition applies to any ship that is registered in Russia, used, leased or chartered, in whole or in part, by or on behalf of or for the benefit of Russia, a person in Russia, or a designated person. These measures do not apply to crew and cargo, and include exceptions to safeguard human life or for the purposes of navigational safety. The prohibition came into on March 6, 2022.