EXEMPTION FROM PARAGRAPH 803.01 OF THE CANADIAN AVIATION REGULATIONS AND FROM ANNEX 15 TO THE CONVENTION

Pursuant to subsection 5.9(2) of the Aeronautics Act, and after taking into account that the exemption is in the public interest and is not likely to affect aviation safety, I hereby exempt NAV CANADA, where it meets the criteria and application set out below, from the standards specified in sections 6.1.1 and Appendix 4 of ICAO Annex 15 to the convention made pursuant to section 803.01 of the Canadian Aviation Regulations, subject to the following conditions.

PURPOSE

The purpose of this exemption is for NAV CANADA to implement changes in the level of aviation weather service at specified locations without doing so in accordance with the normal publication cycles and notification periods.

CRITERIA AND APPLICATION

Criteria

NAV CANADA may only operate under the authority of this exemption for the conversion of weather services from a human or mixed human / automated service to a fully automated status and limited to the following sites:

Baie Comeau Dryden Earlton Edmonton City Centre
Montreal/St. Hubert Sherbrooke Muskoka Sandspit

Application

This exemption applies to the above criteria and the following application conditions.

  1. NAV CANADA shall have a site specific aeronautical study approved and all required mitigation fully implemented, in accordance with the requirements of Canadian Aviation Regulations 806, prior to making any change in the services at a site.
     
  2. The changes at the individual sites may take effect on separate dates.

CONDITIONS

1. A NOTAM shall be issued related to each change in level of service, in accordance with the requirements of Canadian Aviation Regulations 803.01.

VALIDITY

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

  1. at 0901 Universal Coordinated time on March 17, 2005;
  2. the date on which any of the conditions of this exemption 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 1st day of November 2004, on behalf of the Minister of Transport.

Tom R. Fudakowski
Acting Director
Aerodromes and Air Navigation
for the Minister of Transport

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