EXEMPTION FROM SUBSECTION 801.01(2) AND PARAGRAPH 801.08(b) OF THE CANADIAN AVIATION REGULATIONS

Pursuant to subsection 5.9(2) of the Aeronautics Act, I hereby exempt NAV CANADA, 77 Metcalfe Street, Ottawa, Ontario KIP 5L6 and its air traffic controllers from the requirements of subsection 801.01(2) and paragraph 801.08(b) of the Canadian Aviation Regulations, in accordance with the application set out below, and subject to the following conditions.

Purpose

The purpose of this exemption is to permit air traffic controllers to issue an air traffic control clearance or an air traffic control instruction that is not in accordance with Chapter 3, paragraph 6.4.1 of the Canadian Domestic Air Traffic Control Separation Standards and to permit NAV CANADA to provide air traffic control services that are not in accordance with those standards.

Application

This exemption applies to the provision of a one-mile separation minimum to aircraft that are departing in succession from the same runway, or to aircraft departing from parallel runways that are separated by less than 2,500 feet.

Conditions

The following conditions must be met in order to provide a one-mile separation to aircraft departing in succession from the same runway, or from parallel runways that are separated by less than 2,500 feet:

1. radar identification of both aircraft must be established within one mile of the end of the runway used for take off;
2. a maximum of 60 miles may be displayed on the radar display;
3. both aircraft must be assigned tracks that diverge immediately after take-off as follows:
   1. if the speed of the following aircraft will exceed that of the leading aircraft;
      1. turn the leading aircraft 30 degrees or more; and
      2. do not authorize the following aircraft to depart until the leading aircraft has commenced the turn; or
   2. if the speed of the following aircraft will not exceed that of the leading aircraft, turn either aircraft 15 degrees or more, or turn both aircraft immediately after take-off such that the sum of the turns equals 15 degrees or more;
4. successive departing aircraft must maintain the assigned track divergence between the aircraft until another form of separation has been achieved;
5. if parallel runways are used, neither aircraft may be cleared nor permitted to turn towards the departure path of the other, unless another form of separation has been achieved; and
6. wake turbulence minima are applied when required.

Validity

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

1. the date on which an amendment to the appropriate provision of the Canadian Domestic Air Traffic Control Separation Standards comes into effect;
2. the date on which any of the foregoing conditions is breached; or
3. the date on which this exemption is canceled, 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 14^th day of April 1999, on behalf of the Minister of Transport.

Original Signed by

Art Laflamme

Director General
Civil Aviation

Date de modification :

2009-05-0