EXEMPTION FROM CLAUSES 422.03 RATINGS (1)(b)(ii)(A) AND (C) OF SUBPART 422 – PERSONNEL LICENCING AND TRAINING STANDARDS RESPECTING AIR TRAFFIC CONTROLLER LICENCES AND RATINGS MADE PURSUANT TO PARAGRAPH 402.03(1)(b) OF THE CANADIAN AVIATION REGULATION...

Pursuant to subsection 5.9(2) of the Aeronautics Act, and after having taken into account that the exemption is  in the public interest and is not likely to affect aviation safety, I hereby exempt NAV CANADA, 77 Metcalfe Street, Ottawa, Province of Ontario K1P 5L6 and all applicants for an air traffic controller licence working for hire or reward for NAV CANADA from the requirements of clauses 422.03 Ratings (1)(b)(ii)(A) and (C) of the Personnel Licencing And Training Standards Respecting Air Traffic Controller Licences And Ratings made pursuant to paragraph 402.03(1)(b) of the Canadian Aviation Regulations (CARs), subject to the following conditions.

The text of the above mentioned provisions are attached at  Appendix 1 to this exemption.

PURPOSE

The purpose of this exemption is to allow NAV CANADA to implement Airport Control Service at the Fort McMurray Airport. The regulatory process does not allow air traffic controllers to obtain a location rating because there are not qualified airport controllers currently at Fort McMurray. 

The purpose of this exemption is therefore two-fold:

First, to permit NAV CANADA and air traffic controllers who are working for hire or reward for NAV CANADA to obtain a location rating for Fort McMurray without the requirement to have served under the supervision of a qualified airport controller for a period of time necessary to demonstrate competence in the case of an additional location to the holder of a licence with an existing Airport Control Rating. 

Second, to permit NAV CANADA and applicants for an air traffic controller licence with an Airport Control Rating who are working for hire or reward for NAV CANADA at Fort McMurray Control Tower to have served under the supervision of a qualified airport controller from not less than three months to not less than 20 days during the 12 months preceding the issuance of an air traffic controller licence with an endorsement of an Airport Control Rating.

APPLICATION

This exemption applies to NAV CANADA, 77 Metcalfe Street, Ottawa, province of Ontario, and air traffic controllers who are working for hire or reward for NAV CANADA, and those Flight Service Specialists working for hire or reward for NAV CANADA that are employed at Fort McMurray Flight Service Station who are undergoing training to obtain an air traffic control licence with an Airport Control Rating for the Fort McMurray Control Tower.

CONDITIONS

 The exemption shall be granted subject to the following conditions:

  1. NAV CANADA shall select those air traffic controllers providing Airport Control Service at Fort McMurray during the initial operation to be qualified airport controllers currently operational at other towers.
  2. NAV CANADA shall provide knowledge training to the initial airport controllers in accordance with the CARs including a 5-day familiarization at the Fort McMurray tower prior to the start of Airport Control Service.
  3. NAV CANADA may, through its Authorized Persons, authorize a temporary location rating prior to the start of Airport Control Service at Fort McMurray to air traffic controllers upon successful completion of knowledge training. These authorizations shall be limited to the initial 6 qualified airport controllers.
  4. NAV CANADA shall provide a Fort McMurray FSS in the Fort McMurray Tower to provide advice and guidance to control staff for a period of time sufficient for the air traffic controllers to gain operational experience and situational awareness with the knowledge gained during training.
  5. NAV CANADA shall provide air traffic controller training to only those FSS that currently are employed and are certified to provide Airport Advisory Service at Fort McMurray FSS.
  6. NAV CANADA shall obtain approval of the specialized course for the FSS from the Transport Canada Director, National Operations.
  7. NAV CANADA shall provide a minimum of 20 training days for the FSS to serve under the supervision of a qualified airport controller at Fort McMurray during the preceding 12 months and to demonstrate competence prior to the initial issue of an air traffic controller licence with an Airport Control Rating.

VALIDITY

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

  1. March 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 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 affect aviation safety.

DATED at Ottawa, Ontario, Canada, this 12th day of September, 2008, on behalf of the Minister of Transport, Infrastructure and Communities.

Original signed by Jennifer J. Taylor – September 12, 2008

J. J. Taylor
Director
National Operations
Civil Aviation
Transport Canada

 

APPENDIX 1

402.03 (1) Subject to Section 6.71 of the Act and subsections (3) and (4), the Minister shall, on receipt of an application submitted in the form and manner specified in the personnel licensing standards, issue an air traffic controller licence or endorse the applicant's air traffic controller licence with a rating where the applicant provides documentation to the Minister that establishes

  1. the applicant's citizenship; and
  2. that the applicant meets the applicable requirements set out in the personnel licensing standards in respect of
    1. minimum age,
    2. medical fitness,
    3. knowledge, and
      (amended 2008/04/17; previous version)
    4. experience,
      (amended 2008/04/17; previous version)

      […]

422.03 Issue and Endorsement of Air Traffic Controller Licences and Ratings

Ratings

  1. Airport Control Rating
    1. Experience

During the twelve months preceding the endorsement of an Airport Control Rating, the applicant shall have:

  1. […] and
  2. served under the supervision of a qualified airport controller for:
    1. not less than three months in the case of the initial issue of an Air Traffic Controller Licence;
    2. […];
    3. a period of time necessary to demonstrate competence in the case of the endorsement of an additional location to the holder of a licence with an existing Airport Control Rating.