EXEMPTION FROM PARAGRAPHS 801.01(2)(a) AND 801.08(b) OF THE CANADIAN AVIATION REGULATIONS AND SUBSECTION 7.1 OF CHAPTER 3 OF THE CANADIAN DOMESTIC AIR TRAFFIC CONTROL SEPARATION STANDARDS

From: Transport Canada

EXEMPTION FROM PARAGRAPHS 801.01(2)(a) AND 801.08(b) OF THE CANADIAN AVIATION REGULATIONS AND SUBSECTION 7.1 OF CHAPTER 3 OF THE CANADIAN DOMESTIC AIR TRAFFIC CONTROL SEPARATION STANDARDS

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 affect aviation safety, I hereby exempt NAV CANADA, 77 Metcalfe Street, Ottawa, Ontario, K1P 5L6, and all NAV CANADA air traffic controllers working for hire or reward for NAV CANADA, from the requirements set out in Subsection 7.1 of Chapter 3 of the Canadian Domestic Air Traffic Control Separation Standards (the Standards) made pursuant to paragraphs 801.01(2)(a) and 801.08(b) of the Canadian Aviation Regulations (CARs).  This exemption is subject to the following conditions.

The requirements of paragraph 801.01(2)(a) and 801.08(b) of the CARs and Subsection 7.1 of Chapter 3 of the Standards are detailed in Appendix A.

Purpose

This exemption permits NAV CANADA air traffic controllers to clear an aircraft for a visual approach when the pilot reports sighting the airport and there is a preceding IFR or CVFR aircraft and the air traffic controller will retain responsibility for separation of the aircraft. The application of the separation minimum to provide visual approaches requires complete radar coverage.
In addition the exemption will permit an air traffic controller to apply the separation standard to aircraft that are not being radar vectored but are flying a Standard Terminal Arrival Route or another route where a radar service is provided.

APPLICATION

This exemption applies only to NAV CANADA and air traffic controllers working for hire or reward for NAV CANADA when applying separation between IFR/CVFR aircraft cleared for a visual approach.

CONDITIONS

This exemption is subject to the following conditions:

  1. NAV CANADA air traffic controllers shall apply the separation standard specified in Appendix B to an IFR/CVFR aircraft cleared for a visual approach; and
  2. NAV CANADA shall:
    1. publish the separation standard and air traffic control procedures for the application of visual approaches specifying air traffic controller procedures and responsibilities; and
    2. provide air traffic controllers training.

VALIDITY

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

  1. October 31, 2009 at 23:59 EST; 
  2. The date on which any of the conditions set out in this exemption is breached;
  3. The date on which an amendment to the appropriate provisions of the Canadian Aviation Regulations or related standards comes into effect; or
  4. The date on which this exemption is cancelled, in writing, by the Minister of Transport, Infrastructure and Communities where he is of the opinion that it is no longer in the public interest or that it is likely to affect aviation safety.

DATED at Ottawa, Ontario, Canada this 29th day of May 2008, on behalf of the Minister of Transport, Infrastructure and Communities.

Original Signed By
Gilles Morin for/

D. Sherritt
Director, Standards
Civil Aviation
Transport Canada

APPENDIX A

801.01(2) No air traffic controller shall issue an air traffic control clearance or an air traffic control instruction except (amended 2002/09/24; previous version)

(a) in the case of domestic airspace, in accordance with the Canadian Domestic Air Traffic Control Separation Standards; and

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.

7.0 Visual Approaches

7.1 The following conditions shall be met when an aircraft is cleared for a visual approach: (N)

  1. the reported ceiling at the destination airport is 500 feet or more above the minimum IFR altitude and the ground visibility is 3 statute miles or more;
  2. separation, other than visual, is provided that from other IFR or CVFR aircraft except that the aircraft being vectored may be instructed to maintain visual separation from preceding arriving IFR or CVFR aircraft when cleared for a visual approach;
  3. the aircraft reports sighting:
    1. the airport if there is no preceding IFR or CVFR traffic, or
    2. the aircraft that it will be instructed to follow;
  4. the aircraft will complete its approach by following a flight path which will not compromise separation with other IFR or CVFR aircraft.

NOTE:

Visual approaches may be requested by pilots or initiated by controllers to gain an operational advantage for arrivals operating in good weather conditions. Pilots cleared for a visual approach are responsible for compliance with published noise abatement procedures, wake turbulence separation and avoidance of Class F airspace.

APPENDIX B

Interpretations

“identified” – means the position indication of a particular aircraft is seen on a situation display and is positively identified.

“radar service” – means an advisory,  control,  monitoring, separation or navigation assistance service provided directly by the means of radar.

Visual Approaches

1. The following conditions shall be met when an IFR/CVFR aircraft is cleared for a visual approach:

  1. the aircraft is identified and provided radar service;
  2. the reported ceiling at the destination airport is 500 feet or more above the minimum IFR altitude and the ground visibility is 3 statute miles or more;
  3. separation, other than visual, is provided from other IFR or CVFR aircraft except that the aircraft may be instructed to maintain visual separation from preceding arriving IFR or CVFR aircraft when cleared for a visual approach;
  4. the aircraft reports sighting:
    1. the airport if there is no preceding IFR or CVFR aircraft,
    2. the airport if separation from preceding IFR or CVFR aircraft will be maintained by ATC, or
    3. the aircraft that it will be instructed to follow;
  5. the aircraft will complete its approach by following a flight path which will not compromise separation with other IFR or CVFR aircraft.

Information Note:

Visual approaches may be requested by pilots or initiated by controllers to gain an operational advantage for arrivals operating in good weather conditions. Pilots cleared for a visual approach are responsible for compliance with published noise abatement procedures, wake turbulence separation and avoidance of Class F airspace.

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