EXEMPTION FROM SUBSECTION 602.34(2) OF THE CANADIAN AVIATION REGULATIONS

Pursuant to subsection 5.9(2) of the Aeronautics Act, and taking into account that the exemption is both in the public interest and not likely to affect aviation safety, I hereby exempt persons conducting IFR flight, in Reduced Vertical Separation Minimum (RVSM) airspace while operating an RVSM certified aircraft, from the requirement to operate at a cruising flight level appropriate to the track, as set out in the Table referenced in subsection 602.34(2) of the Canadian Aviation Regulations (CARs), subject to the following conditions.

Subsection 602.34(2) Table of the CARs currently requires 2000 feet vertical separation between FL290 to FL410 inclusive.

Purpose

The implementation of RVSM in a designated portion of Northern Canadian Airspace occurred on April 18, 2002, and in Southern Domestic Airspace on January 20, 2005. This exemption will permit persons operating an RVSM certified aircraft, in RVSM airspace to conduct IFR flight, at altitudes appropriate to track between FL290 to FL410 inclusive, in accordance with the 1000 feet RVSM vertical separation. RVSM procedures will permit certified RVSM aircraft to be operated with 1000 feet vertical separation in lieu of the normal 2000 feet separation.

Application

The exemption applies only to persons conducting IFR flight, within Reduced Vertical Separation Minimum (RVSM) airspace while operating a RVSM certified aircraft.

Conditions

This exemption is subject to the following conditions:

1. A person operating a RVSM certified aircraft in RVSM airspace shall conduct IFR flight, in accordance with subsection 602.34(2) of the CARs, with reference to the following table; and

TABLE
CRUISING ALTITUDES AND CRUISING FLIGHT LEVELS
APPROPRIATE TO AIRCRAFT TRACK

TRACK 000° - 179°				TRACK 180° - 359°
Column I	Column II			Column III	Column IV
IFR	VFR			IFR	VFR
1,000 3,000 5,000 7,000 9,000 11,000 13,000 15,000 17,000	- 3,500 5,500 7,500 9,500 11,500 13,500 15,500 17,500	Cruising Altitudes or Cruising Flight Levels – 18,000 feet and below		2,000 4,000 6,000 8,000 10,000 12,000 14,000 16,000	- 4,500 6,500 8,500 10,500 12,500 14,500 16,500
IFR & CVFR				IFR & CVFR
RVSM 190 210 230 250 270 290 310 330 350 370 390 410 450 490 530 570		Cruising Flight Levels – 180 to 590       RVSM 1,000 feet Separation FL290-FL410		RVSM 180 200 220 240 260 280 300 320 340 360 380 400 430 470 510 550 590

2. Aircraft operated in RVSM airspace shall be RVSM certified.

Validity

This exemption is in effect until the earliest of the following:

1. October 31, 2006; 23:59 UTC;
2. The date on which an amendment to the appropriate provision of the CARs and related standards comes into effect;
3. The date on which any condition set out in this exemption is breached; or
4. 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 that it is likely to affect aviation safety.

Cancellation

The exemption from subsection 602.34(2) of the Canadian Aviation Regulations issued to persons conducting IFR flight, in Reduced Vertical Separation Minimum (RVSM) airspace or RVSM Transition Airspace, operating an RVSM certified aircraft on January 9, 2005 at Ottawa, Ontario, Canada by the Director General Civil Aviation on behalf of the Minister of Transport is hereby canceled because it is the opinion of the Minister that it is no longer in the public interest or is likely to affect aviation safety.

Dated at Ottawa, Ontario, Canada this 28^th day of April 2005, on behalf of the Minister of Transport.

Original signed by

Merlin Preuss
Director General
Civil Aviation

 

Date de modification :

2005-07-1