Exemption from the requirements set out in subparagraph 9.4.4(b)(ii), paragraphs 10.5.2(b), 11.5.1(b) of Chapter 2, paragraphs 2.1 (a), 2.2 (c), 2.4 (a), sections 2.5, 2.6, 3.1 of Chapter 3 of Standard 821 - Canadian Domestic Air Traffic Control Sepa...

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 air traffic controllers working for hire or reward for NAV CANADA from the requirements set out in subparagraph 9.4.4(b)(ii), paragraphs 10.5.2(b), 11.5.1(b) of Chapter 2, paragraphs 2.1 (a), 2.2 (c), 2.4 (a), sections 2.5, 2.6, 3.1 of 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), pursuant to the conditions outlined below. 

The requirements of paragraphs 801.01(2)(a) and 801.08(b) of the CARsand subparagraph 9.4.4(b)(ii), paragraphs 10.5.2(b), 11.5.1(b) of Chapter 2, paragraphs 2.1 (a), 2.2 (c), 2.4 (a), sections 2.5, 2.6, 3.1 of Chapter 3 of Standard 821-Canadian Domestic Air Traffic Control Separation Standards are detailed in Appendix A to this exemption.

PURPOSE

This exemption permits air traffic controllers working for hire or reward for NAV Canada to apply the radar separation standards specified in Appendix A using surveillance systems employing Automatic Dependant Surveillance – Broadcast (ADS-B) technology in lieu of radar.

APPLICATION

This exemption applies only to air traffic controllers working for hire or reward for NAV CANADA when applying separation standards using an ADS-B surveillance system.

CONDITIONS

This exemption is subject to the following conditions:

  1. NAV CANADA and air traffic controllers working for hire or reward for NAV Canada shall, when using ADS-B as the surveillance system to provide lateral separation, apply a minimum of 5 nm separation between those approved aircraft operating in the Hudson Bay area at or above flight level 290 within the coverage area where continuous and acceptable ADS-B coverage exists;
  2. NAV CANADA shall complete all necessary equipment and system tests or evaluations to ensure the performance will satisfy the requirements of RTCA DO 303 “Safety, Performance and Interoperability Requirements Document for the ADS-B Non-Radar-Airspace Application;” 
  3. NAV CANADA shall establish a post implementation safety assessment process in accordance with the ICAO Circular 311 “Assessment of ADS-B to Support Air Traffic Services and Guidelines for Implementation” Draft, First Edition – 2006 to determine continuing total system safety including monitoring, reviewing and updating any element of ADS-B operations and systems. It shall include monitoring avionic performance requirements, specifically, but not limited to, monitoring ADS-B messaging for compliance with RTCA DO 303 and the functional criteria of EASA AMC 20-24, Section 7, for all aircraft in the Hudson Bay area and provide notification of non-compliance to Director, National Operations;
  4. NAV CANADA shall install, operate and maintain ADS-B systems in accordance with the criteria and procedures contained in the Safety Assessment for the Use of Automatic Dependant Surveillance Broadcast (ADS-B) for Surveillance in the Airspace surrounding Hudson Bay, Canada, Version 1.0, dated August 31, 2007 or as amended and approved by Transport Canada Civil Aviation;
  5. NAV CANADA shall publish, by appropriate means, information and guidance material for air traffic controllers and aircrews concerning ADS-B operations, ATC procedures, ATC phraseology, if applicable, and aircrew requirements and procedures;
  6. NAV CANADA shall obtain approval of the ATS training plan from the Director, National Operations prior to the implementation of ADS-B operations. The training plan shall include theoretical training on:
    1. ADS-B systems and equipment,
    2.  the use of the ADS-B operational system and its limitations,
    3.  ATC procedures,
    4. emergency discrete code display, its limitations and associated procedures, and
    5. system failure procedures; and
  7. air traffic controllers working for hire or reward for NAV Canada shall receive theoretical training and demonstrate their competency in ADS-B operations, systems and procedures.

VALIDITY

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

  1. May 31, 2010 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 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 25th day of September 2008, on behalf of the Minister of Transport, Infrastructure and Communities.

 

  D. B. 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. […]

Standard 821 – Chapter 2

9.4.4 The 10-minute separation minimum referred to in Chapter 2, subsection 9.4.3 may be reduced using the table, provided that the following conditions are met: (N)

(a) the preceding aircraft is maintaining a greater Mach-number than the succeeding aircraft; and

(b)

(i) the aircraft have reported over a common point, or

(ii) radar, DME, or RNAV distance is used to ensure that the appropriate time interval exists and will exist at the common point. […]

10.5.2 The 10-minute separation minima referred to in Chapter 2, subsection 10.5.1 may be reduced in accordance with the table, provided that the following conditions are met: (N)

(a)

(i) the preceding aircraft is maintaining a greater Mach-number than the succeeding aircraft, and

(ii) the aircraft have reported over the same NAVAID, or fix derived from NAVAIDs; or

(b) radar, DME, or any RNAV distance is used to ensure that the appropriate time interval exists and will exist at the common point. […]

11.5.1 Military IFR formation flights shall be separated as follows:

[…]

(b) Radar

(i) for a standard formation flight - add one mile to the appropriate radar separation minima,

(ii) between two standard formation flights - add two miles to the appropriate radar separation minima, and

(iii) for a non-standard formation flight - apply the appropriate radar separation minima to the perimeter of the airspace encompassing the non-standard formation, or from the outermost aircraft of the non-standard formation, whichever applies. […]

Standard 821 – Chapter 3

2.1 Aircraft shall be separated using one of the following minima: (N)

(a) 5 miles; or […]

2.2 The following conditions shall be met when discontinuing vertical separation between aircraft on reciprocal tracks if observed on radar that they have passed each other and:

[…]

(c) 5 miles if the source radar is not an RSE. […]

2.4 A radar controlled aircraft shall be separated from the boundary of airspace in which non-radar separation is being used, or from the boundary of Class F restricted areas by:

(a) 5 miles; or […]

2.5 If vertical separation will not be applied, aircraft shall be vectored to ensure that the PPS will not penetrate a Class F advisory area displayed on the radar display.

2.6 Vertical separation shall be established for an aircraft that will overfly a Class F advisory area, prior to the PPS penetrating the area as displayed on the radar display, and maintained until the PPS is clear of the area. […]

3.1 Wake turbulence radar minima shall be applied between aircraft that are being provided that radar service if one aircraft:

(a) is operating directly behind and less than 1,000 feet below a preceding aircraft;

(b) will cross directly behind a climbing or descending aircraft; or

(c) will cross behind a climbing or descending aircraft. If the following aircraft is at the same altitude or less than 1,000 feet below the altitude vacated by the preceding aircraft at the crossing position, the following aircraft shall be separated by one of the following minima:

(i) heavy behind a heavy - 4 miles,

(ii) medium behind a heavy - 5 miles,

(iii) light behind a heavy - 6 miles,

(iv) light behind a medium - 4 miles.

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