EXEMPTION FROM SECTION 402.05 OF THE CANADIAN AVIATION REGULATIONS

Pursuant to subsection 5.9(2) of the Aeronautics Act, and after having taken into account that the exemption is  in the public interest and is not likely to affect aviation safety, I hereby exempt the holders of an air traffic controller licence working for hire or reward for NAV CANADA at the Vancouver and Toronto Area Control Centres, from the requirements of section 402.05 of the Canadian Aviation Regulations (CARs), subject to the following condition.

Section 402.05 of the CARs stipulates that the holder of an air traffic controller licence shall not exercise the privileges of that licence at an air traffic control unit unless the holder has successfully completed a proficiency check within the preceding 12 months.

PURPOSE

The purpose of this exemption is to permit holders of an air traffic controller licence who are working for hire or reward for NAV CANADA at the Vancouver and Toronto Area Control Centres to exercise the privileges of that licence without completing the proficiency check within the specified timeframe of section 402.05 of the CARs, more specifically, the Performance in the Event of Radar Failure (PERF) training requirement established in the NAV CANADA Air Traffic Services Administration and Management Manual, attached herein in Appendix I.

APPLICATION

This exemption applies holders of an air traffic controller licencewho are working for hire or reward for NAV CANADAat the Vancouver and Toronto Area Control Centres.

CONDITIONS

 The exemption shall be granted subject to the following condition:

  1. The holders of an air traffic controller licence that are working for hire or reward for NAV CANADA at the Vancouver and Toronto Area Control Centres shall complete all elements of the recency requirements by December 31, 2008.

VALIDITY

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

  1. December 31, 2008 at 23:59 EDT;
  2. The date on which any of the conditions set out in this exemption is breached;
  3. The date on which this exemption is cancelled, in writing, by the Minister of Transport, 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 10th day of  September, 2008, on behalf of the Minister of Transport, Infrastructure and Communities.

 

O/S by Franz Reinhardt for Merlin Preuss – September 10, 2008

Merlin Preuss
Director General
Civil Aviation
Transport Canada


APPENDIX 1

NAV CANADA Air Traffic Services Administration and Management Manual:

160 PROFICIENCY AND TRAINING OF
ATS PERSONNEL
161 PROFICIENCY OF ATS
OPERATIONAL PERSONNEL
161.1
Managers shall ensure that proficiency
standards are: (N)(R)
A. established and maintained to incorporate
required operational skills and knowledge
levels within guidelines provided by Head
Office; (N)
* B. achieved for unit qualification; and
C. maintained by operational personnel.

161.7
ATC Unit Managers shall ensure that non-radar
procedures are reviewed at least once during
the preceding 12 months and that the
applicable radar failure emergency procedures
are contained in the sector manual. Operational
proficiency, for operational personnel
continuously providing services in a radar
environment, is demonstrated through direct
observation by the immediate supervisor or
delegated evaluator of application during: (N)
A. regular rotation through non-radar positions;
B. operation under actual radar failure; or
C. operation in a simulated non-radar position.

Date de modification :