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 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 2.1, Chapter 3 of Standard 821 - 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 conditions set out below.
Paragraphs 801.01(2)(a) and 801.08(b) of the CARs and Subsection 2.1 of Chapter 3 of the Canadian Domestic Air Traffic Control Separation Standards are reproduced in Appendix A of this exemption.
INTERPRETATION
For the purposes of this exemption:
“mile” – means nautical mile (NM), unless otherwise stated.
“three miles radar separation” – means a method of providing separation to support air traffic flow operating at FL 280 and below, operating outside of the Montreal Terminal Control Area (Montreal TCA).
PURPOSE
The purpose of this exemption is three-fold. It allows NAV CANADA, as holder of an ATS operations certificate, to provide air traffic services at specific operational locations under specific conditions.
It allows air traffic controllers working for hire or reward for NAV CANADA 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 2.1, Chapter 3 of Standard 821 - Canadian Domestic Air Traffic Control Separation Standards.
Finally, it allows air traffic controllers working for hire or reward for NAV CANADA to apply three (3) NM radar separation in accordance with specific conditions and within specific sequencing sectors outside the Montreal TCA, for which NAV CANADA has conducted an implementation safety assessment for the introduction of 3 NM radar separation between IFR aircraft.
APPLICATION
This exemption applies to the following two (2) sequencing sectors outside the Montreal TCA, as configured on the date of signing this exemption:
- Valley (VA); and
- Thurso (TH).
This exemption applies to NAV CANADA and to all air traffic controllers working for hire or reward for NAV CANADA when applying 3 NM radar separations between IFR aircraft operating within the abovementioned sequencing sectors.
CONDITIONS
This exemption is subject to the following conditions:
- NAV CANADA shall provide training to its air traffic controllers as set out in its approved training program for the sequencing sectors.
- NAV CANADA air traffic controllers shall apply, within the approved sequencing sectors, radar separation in accordance with any procedures published by NAV CANADA which must include the following minimum requirements:
- The radar and communication equipment utilized within the sequencing sectors must meet the same requirements as those used for Terminal Control Service;
- Radar wake turbulence separation must always be respected;
- The 3 miles minima may be applied provide
- A maximum range of:
- 60 nautical miles is displayed on the radar display; or,
- 120 nautical miles from left to right is displayed when utilizing CSiT or NARDS display; and,
- Aircraft are no further than 80 miles from a radar antenna; and
- Altitude readouts are available and displayed for both aircraft; or
- Both aircraft are at or below 15000 feet ASL.
- A maximum range of:
- In those cases where the applicable minima is not maintained, or assured to be maintained, NAV CANADA shall file a reportable occurrence in accordance with section 807.01 of the Canadian Aviation Regulations.
- NAV CANADA shall provide, as requested by the TCCA Chief, ANS Operations, National Operations, copies of audio and video recorded data from the operational facilities.
- NAV CANADA shall meet all the other requirements set out in Standard 821 - Canadian Domestic Air Traffic Control Separation Standards.
VALIDITY
This exemption is in effect until the earliest of the following:
- January 31, 2015 at 23:59 EST;
- The date on which any of the conditions set out in this exemption is breached; or
- The date on which this exemption is cancelled in writing by the Minister where she 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 9th day of June, 2014, on behalf of the Minister of Transport.
“Original signed by Shari Currie (for)”
Martin J. Eley
Director General
Civil Aviation
APPENDIX A
RELEVANT PROVISIONS OF THE CARs
General
801.01(2) No air traffic controller shall issue an air traffic control clearance or an air traffic control instruction except
(a) in the case of domestic airspace, in accordance with the Canadian Domestic Air Traffic Control Separation Standards; and
···
Training and Competency of flight Service Specialists
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
···
(b) in the case of air traffic control services, the Canadian Domestic Air Traffic Control Separation Standards.
RELEVANT PROVISIONS OF STANDARD 821
Standard 821 Canadian Air Traffic Control Separation Standards
Definitions
"separation minimum" - A statement of the least allowable amount of lateral, longitudinal, or vertical separation to be applied.
CHAPTER 3 – RADAR SEPARATION
2.0 Radar Separation Minima
2.1 Aircraft shall be separated using one of the following minima: (N)b) 3 miles, where:(i) terminal control service is being provided that,
(ii) a maximum range of 60 miles is displayed on the radar display, and
(iii)A) altitude readouts for both aircraft are displayed, or
B) both aircraft are at or below 15,000 feet ASL;
- Date de modification :