EXEMPTION FROM PARAGRAPH 801.01(2) (a) 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 both in the public interest and is not likely to adversely affect aviation safety, I hereby exempt all air traffic controllers working for NAV CANADA, from paragraph 801.01(2) (a) of the Canadian Aviation Regulations (CARs), in respect to the requirements set out in Subsection 1.1, Chapter 1 of the Canadian Domestic Air Traffic Control Separation Standards subject to the conditions set out below.

The requirements of Paragraph 801.01(2) (a) of the CARs and Subsection 1.1 of Chapter 1 of the Canadian Domestic Air Traffic Control Separation Standards are set out in Appendix A.

INTERPRETATION

In this exemption:

“visual separation” – means a method of spacing aircraft below FL 180 through the use of visual observation by an airport air traffic controller or by a pilot when he is assigned separation responsibility.

“monitoring program protocol” – means a process by which a particular activity is observed and verified for compliance with established criteria, rules and procedures.

PURPOSE

This exemption allows NAV CANADA air traffic controllers to issue an air traffic control clearance or an air traffic control instruction in the case of domestic airspace at specific operational airports under specific conditions rather than meeting the requirements set out in subsection 1.1 Chapter 1 of the Canadian Domestic Air Traffic Control Separation Standards (Standard 821).

This exemption allows NAV CANADA air traffic controllers to apply visual separation in accordance with specific conditions at specified airports for which NAV CANADA has conducted an implementation safety assessment for the introduction of visual separation for IFR departing aircraft and has obtained approval by the Director, Standards, Transport Canada Civil Aviation (TCCA). It also allows NAV CANADA air traffic controllers to assign visual separation responsibility to a pilot of a successive IFR aircraft departing from the same, intersecting, non-intersecting and parallel runways at specific airports and in accordance with specific conditions.

APPLICATION

  • This exemption applies to the following specified airports:

    1. Calgary International Airport,

    2. Vancouver International Airport,

    3. Montreal Pierre Elliott Trudeau International Airport,

    4. Ottawa MacDonald-Cartier International Airport,

    5. Victoria International Airport,

    6. Edmonton International Airport,

    7. Québec Jean Lesage International Airport,

    8. Halifax Stanfield International Airport, and

    9. Toronto Lester B. Pearson International Airport (when NAV CANADA has conducted an implementation safety assessment pilot project for the introduction of visual separation for IFR departing aircraft and has obtained approval by the Director, Standards, Transport Canada Civil Aviation (TCCA)).

  • This exemption applies to NAV CANADA air traffic controllers when they are applying visual separation standards in the case of domestic airspace between:

    1. successive IFR departing aircraft from the same, intersecting or non-intersecting  parallel runways; and

    2. departing IFR aircraft and IFR aircraft on a planned missed approach.

  • This exemption applies to NAV CANADA air traffic controllers when they are assigning visual separation responsibility to a pilot of successive IFR aircraft departing from the same, intersecting or non-intersecting parallel runways.

CONDITIONS

  • NAV CANADA air traffic controllers shall apply, at the airport, visual separation in accordance with the procedures published by NAV CANADA which must include at least the following minimum requirements:

    1. The Airport controller shall achieve and maintain visual separation by:

      1. direct and continuous visual observation of the aircraft; or

      2. assignment of visual separation responsibility to the pilot.

    2. The following conditions must be met when an airport controller is using visual separation to release successive IFR aircraft departing from the same, intersecting, non-intersecting or parallel runways:

      1. visual observation confirms that the preceding IFR aircraft has departed and has turned to clear the departure path of the succeeding aircraft, or has reached a point on its departure path where it will no longer conflict with the departure path of the succeeding aircraft;

      2. visual separation is maintained until another form of separation is achieved;

      3. another form of separation, other than visual separation, is established or aircraft are established on tracks that diverge by 15 degrees or more before control of the aircraft are transferred to the terminal controller;

      4. traffic information is passed to the succeeding aircraft;

      5. departure routes, aircraft performance and weather conditions do not preclude maintaining visual separation; and

      6. wake turbulence separation minima are applied, if required, unless waived by the succeeding aircraft. Another form of separation exists if an appropriate radar or non-radar separation minimum is applied or the aircraft are established on tracks that diverge by 15 degrees or more.

    3. The following conditions must be met when an airport controller releases successive IFR aircraft departing from the same, intersecting, non-intersecting or parallel runways and assigns visual separation responsibility to the pilot:

      1. visual separation is only applied within the control zone (CZ) and terminal control area (TCA) of the airport at or below 12,500 feet ASL;

      2. visual separation is not used between successive departing IFR aircraft if wake turbulence separation is required;

      3. the departing IFR aircraft is instructed and accepts responsibility to maintain visual separation from the preceding IFR departing aircraft;

      4. the departing aircraft reports the preceding aircraft in sight;

      5. departure routes, aircraft performance and weather conditions do not preclude maintaining visual separation;

      6. another form of separation, other than visual separation, is established before the aircraft leave the area specified in c i). Another form of separation exists if an appropriate radar or non-radar separation minimum is applied or the aircraft are established on tracks that diverge by 15 degrees or more.

    4. The following conditions must be met when an airport controller is using visual separation to release departing IFR aircraft and IFR aircraft on a planned missed approach:

      1. visual separation is applied within the CZ and TCA of the airport at or below 12,500 feet ASL;

      2. the IFR aircraft on the planned missed approach does not intend to land but to continue on an IFR clearance;

      3. visual observation confirms the aircraft that has commenced or is planning to execute a missed approach will not conflict with the departing IFR aircraft;

      4. traffic information is passed to both aircraft ;

      5. wake turbulence separation minima are applied, if required, unless waived by the succeeding aircraft;

      6. another form of separation, other than visual separation, is established or aircraft are established on tracks that diverge by 15 degrees or more before control of the aircraft are transferred to the terminal controller. Another form of separation exists if an appropriate radar or non-radar separation minimum is applied or the aircraft are established on tracks that diverge by 15 degrees or more.

2. All conditions stated in the Exemption for Visual Departure Separation issued to NAV CANADA (Control. 007-2013) must be met in order for this exemption to be in effect.

VALIDITY

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

  1. March 31st, 2018 at 23:59 EDT;

  2. the date on which any of the conditions set out in this exemption is breached; or

  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 adversely affect aviation safety.

 DATED at Ottawa, Ontario, Canada this 20th day of March, 2013, on behalf of the Minister of Transport.

 

“Original signed by Arlo Speer (for)”

 

Aaron McCrorie
Director, Standards
Civil Aviation
Transport Canada

APPENDIX A

Provision of Air Traffic Services in Accordance with ATS Site Manual

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

(…)

Standard 821 Canadian Air Traffic Control Separation Standards

Definitions

“visual separation” - A means employed by controllers to separate aircraft operating in VMC.

  1. "VFR" - The controller having determined that a potential conflict exists, issues clearances, instructions and/or information, as necessary in order to either aid aircraft in establishing visual contact with each other or to assist aircraft in avoiding other aircraft.

  2. "IFR" or "CVFR" - Following a pilot's report that the traffic is in sight, the controller issues the clearance and instructs the pilot to provide his/her own separation by maneuvering the aircraft as necessary to avoid or follow the traffic.

 

CHAPTER 1 - VISUAL SEPARATION

1.0 Successive IFR Departures from the Same Runway

1.1 The following conditions shall be met when using visual separation to release successive IFR aircraft departing from the same runway:

  1. visual observation confirms that the preceding IFR aircraft has departed and has turned to clear the departure path of the succeeding aircraft, or has reached a point on its departure path where it will no longer conflict with the departure path of the succeeding aircraft;

  2. initial departure tracks diverge by 30 degrees or more;

  3. traffic information is passed to the succeeding aircraft;

  4. applicable wake turbulence minima are complied with, unless waived by the succeeding aircraft.

 

 

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