NCR-016-2019
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 or security, I hereby exempt NAV CANADA and its air traffic controllers who have been trained and qualified by NAV CANADA as competent users to apply the enhanced International Civil Aviation Organization (ICAO) wake turbulence separation minima, 77 Metcalfe Street, Ottawa, Ontario K1P 5L6, from the requirements of paragraphs 801.01(2)(a) and 801.08(b) of the Canadian Aviation Regulations (CARs), subject to the following conditions.
Paragraphs 801.01(2)(a) and 801.08(b) of the CARs are reproduced in Appendix A.
Purpose
The purpose of this exemption is to allow NAV CANADA as holder of an Air Traffic Services (ATS) Operations certificate and selected air traffic controllers working for NAV CANADA to apply at specific Canadian airports the ICAO proposals for amendments relating to enhanced wake turbulence separation minima reproduced in Appendix B.
Application
This exemption applies to NAV CANADA and its air traffic controllers who have been trained and qualified by NAV CANADA to apply, at specific Canadian airports for which the Director, Air Traffic Services Standards of NAV CANADA has issued a letter of authorization, the ICAO enhanced wake turbulence separation minima reproduced in Appendix B.
Conditions
This exemption is subject to the following conditions:
- Prior to exercising the privileges of this exemption and implementing the ICAO enhanced wake turbulence separation minima reproduced in Appendix B, NAV CANADA shall:
- a) train and qualify its air traffic controllers for the application of the ICAO enhanced wake separation minima;
- b) issue site applicable National Operations Directives (NOD) containing appropriate minima from Appendix B as well as direction for its implementation and application;
- c) issue site applicable Letters of Authorization by the Director, Air Traffic Services Standards of NAV CANADA;
- d) modify site applicable Flight Data management systems so as to display to air traffic controllers the appropriate ICAO wake turbulence separation minima;
- e) mitigate all risks identified through risk assessment processes associated with the application of the ICAO enhanced wake turbulence separation minima; and
- f) instruct appropriate ATS Managers that upon implementation of the departure phase of the enhanced wake separation minima, Wingspan restrictions shall no longer be communicated with alpha codes;
- All Air Traffic Controllers working for NAV CANADA shall issue clearances and instructions when applying the ICAO enhanced wake turbulence separation minima reproduced in Appendix B in accordance with a site applicable National Operations Directive (NOD) or the Manual of Air Traffic Services (MATS);
- NAV CANADA shall provide to the Minister a post implementation safety report as well as the safety report referred to in the implementation plan; and
- Upon request, NAV CANADA shall provide to Transport Canada a copy of the documentation indicating how compliance with the conditions of this exemption is being achieved.
Validity
This exemption is in effect until the earliest of the following:
- a) May 15, 2024 at 23:59 EDT;
- b) the date on which any condition set out in this exemption is breached; or
- c) the date on which this exemption is cancelled in writing by the Minister where he is of the opinion that it is no longer in the public interest or is likely to adversely affect aviation safety or security.
DATED at Ottawa, Ontario, this 21st day of May, 2019, on behalf of the Minister of Transport.
“Original signed by”
Nicholas Robinson
Director General
Civil Aviation
APPENDIX A
Canadian Aviation Regulations
General
801.01(1) [...]
(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
- (b) in the case of international airspace in respect of which Canada has accepted, by means of a regional air navigation agreement, the responsibility of providing air navigation services, in accordance with the standards contained in Chapter 3 of Annex 11 to the Convention.
Provision of Air Traffic Services in accordance with ATS Site Manual
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) the ATS site manual; and
- (b) in the case of air traffic control services, the Canadian Domestic Air Traffic Control Separation Standards.
Appendix B
Proposed amendment to procedures for air navigation services air traffic management (pans-atm, doc 4444) enhanced wake turbulence (Refer to RDIMS # 15271727)
Contact us to request a copy of a draft document.
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