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, I hereby exempt NAV CANADA and its air traffic controllers who have been trained and qualified by NAV CANADA as competent users of ADS-B surveillance technology, 77 Metcalfe Street, Ottawa, Ontario K1P 5L6, from paragraphs 801.01(2)(a) and 801.08(b) of the Canadian Aviation Regulations (CARs), specifically with the introduction and use of separation minima that may be used in conjunction with the ADS-B technology undersubparagraph 9.4.4(b)(ii) and paragraphs 10.5.2(b) and 11.5.1(b) of Chapter 2, and paragraphs 2.1(a), 2.2(c) and 2.4(a), and sections 2.5, 2.6, and 3.1 of Chapter 3 of Standard 821 Canadian Domestic Air Traffic Control Separation, subject to the conditions outlined below.
Details of paragraphs 801.01(2)(a) and 801.08(b) of the CARs and relevant provisions of Standard 821 ‑ Canadian Domestic Air Traffic Control Separation are set out in Appendix A of this exemption.
PURPOSE
The purpose of this exemption is twofold. With the deployment of Automatic Dependant Surveillance – Broadcast (ADS-B) technology as a source of surveillance in an air traffic service (ATS) system, it is necessary to introduce separation minima that may be used in conjunction with the ADS-B surveillance system.
It permits NAV CANADA to deploy and operate ADS-B technology to provide specific radar separation minima standards; and
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It permits all air traffic controllers working for NAV CANADA, who have been trained and qualified by NAV CANADA as competent users of ADS-B surveillance technology, to apply some of the radar separation standards set out in Chapters 2 and 3 of Standard 821 – Canadian Domestic Air Traffic Control Separation, when using an ADS-B surveillance system.
APPLICATION
This exemption applies to NAV CANADA and its air traffic controllers who have been trained and qualified by NAV CANADA as competent users of ADS-B surveillance technology for the application of the radar separation standards set out in subparagraph 9.4.4(b)(ii), paragraphs 10.5.2(b) and 11.5.1(b) of Chapter 2, and paragraphs 2.1(a), 2.2(c) and 2.4(a), and sections 2.5, 2.6, 3.1 of Chapter 3 of Standard 821 ‑ Canadian Domestic Air Traffic Control Separation in Canadian domestic airspace while providing air traffic control services using ADS-B technology, for non-radar airspace application.
CONDITIONS
This exemption is subject to the following conditions:
Condition precedents that must be met by NAV CANADA before providing air traffic control services using ADS-B technology, for non-radar airspace application:
NAV CANADA shall obtain approval from the Director, National Operations, Transport Canada, Civil Aviation, based on a completed Risk assessment report, for the use of ADS-B systems for surveillance in Canadian domestic airspace, for each proposed area of ADS-B application. The safety assessment must include at least the following elements:
purpose and executive summary,
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background information,
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a hazard identification and risk assessment,
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mitigations,
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system testing plans,
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ATS implementation plan, and
- training plans.
NAV CANADA shall establish the ADS-B system as part of the NAV CANADA Air Traffic Management System in accordance with NAV CANADA ANS Standards and Procedures documents.
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NAV CANADA shall complete all necessary equipment and system tests or evaluations to ensure the ADS-B performance will comply with the requirements of RTCA DO 303 “Safety, Performance and Interoperability Requirements Document for the ADS-B Non-Radar-Airspace Application.”
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NAV CANADA shall provide and document the training provided to all persons who will perform a function related to the installation, maintenance and operation of the ADS-B system and, upon successful completion of training in the performance of that function, have certified that such persons are being competent to perform such functions.
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NAV CANADA shall include, in the training plan, with lesson plans, theoretical training on:
ADS-B systems and equipment;
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the use of the ADS-B operational system and its limitations;
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ATC procedures;
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emergency discrete code display, its limitations and associated procedures; and
system failure procedures.
NAV CANADA shall publish, by appropriate means, information and guidance material for air traffic controllers and flight crew members concerning ADS-B operations, ATC procedures, ATC phraseology, and flight crew members requirements and procedures.
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. The safety assessment process must include monitoring avionic performance requirements, and 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.
Operational conditions that must be met by NAV CANADA once the aforementioned condition precedents have been met:
NAV CANADA shall conduct preventive maintenance of the ADS-B system in accordance with the manufacturer’s recommendations.
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NAV CANADA shall maintain and operate the ADS-B system as part of the NAV CANADA Air Traffic Management System in accordance with NAV CANADA ANS Standards and Procedures documents and comply with applicable requirements of ICAO Annex 10, Volume IV and maintain documentation that shows how compliance is achieved.
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NAV CANADA may apply the applicable surveillance separation minima between aircraft that meet the defined performance specifications, (currently a Navigation Uncertainty Category – performance (NUCp 5) equivalent) and are operating within the coverage area where continuous and acceptable ADS-B coverage exists, provided that the lateral separation is applied in accordance with the separation standards set out in Appendix A of this exemption.
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NAV CANADA shall maintain documentation of the personnel training and certification.
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NAV CANADA shall not deny or restrict any aircraft that does not meet the operational requirements for ADS-B surveillance from operating in Canadian domestic airspace where ADS-B services are provided, based solely on the lack of the operator’s ADS-B certification.
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NAV CANADA shall not indicate in any guidance material, documentation, published procedure or operational phraseology that, in the airspace where ADS‑B service is provided, access to that airspace is limited to only ADS-B certified aircraft. The terms “exclusionary airspace” or any other term, which may indicate a requirement for specific ADS-B certification to operate in any airspace, shall not be used.
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NAV CANADA shall report non-compliance with RTCA DO 303 and the functional criteria of EASA AMC 20-24, Section 7 to the Director, National Operations, including details of the non-compliance and of their corrective action plan.
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Upon request from Transport Canada, NAV CANADA shall provide to the Chief, ANS Operations Oversight, a copy of the documentation indicating how compliance with the conditions of this exemption is being achieved.
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NAV CANADA shall use the term “ADS-B” in the same context as it applies to the term “radar” referenced in Appendix A of this exemption.
NAV CANADA shall apply ADS-B technology in the same manner as they would apply the relevant radar separation standards referenced in Appendix A of this exemption.
Operational conditions that must be met by Air traffic controllers:
Air traffic controllers shall use the term “ADS-B” in the same context as it applies to the term “radar” referenced in Appendix A of this exemption .
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Air traffic controllers shall apply ADS-B technology in the same manner as they would apply the relevant radar separation standards referenced in Appendix A of this exemption.
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Air traffic controllers may apply the applicable surveillance separation minima to aircraft that meet the defined performance specifications, (currently a Navigation Uncertainty Category – performance (NUCp 5) equivalent) and are operating within the coverage area where continuous and acceptable ADS-B coverage exists, provided that the lateral separation is applied in accordance with the separation standards set out in Appendix A of this exemption.
VALIDITY
This exemption is valid until the earliest of:
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January 31th, 2017 at 23:59 EDT;
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the date on which any condition set out in this exemption is breached; or
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the date on which this exemption is cancelled in writing by the Minister where she is of the opinion that it is no longer in the public interest or that it is likely to adversely affect aviation safety.
Dated at Ottawa, Ontario, Canada on this 24th day of February, 2014, on behalf of the Minister of Transport.
“Original signed by”
Martin J. Eley
Director General
Civil Aviation
Appendix A
Relevant CARs provisions
801.01 (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
[…]
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 .
Relevant Standard 821 provisions:
Canadian Domestic Air Traffic Control Separation Standards
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)
[…]
(b)
[…]
(ii) radar, DME, 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)...
[…]
(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.
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.
- Date de modification :