Regulations Amending the Canadian Aviation Regulations (Parts I, III, IV and VI to VIII – Air Navigation Services): SOR/2025-98
Canada Gazette, Part II, Volume 159, Number 7
Registration
SOR/2025-98 March 12, 2025
AERONAUTICS ACT
P.C. 2025-401 March 12, 2025
Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, makes the annexed Regulations Amending the Canadian Aviation Regulations (Parts I, III, IV and VI to VIII – Air Navigation Services) under section 4.9footnote a of the Aeronautics Act footnote b.
Regulations Amending the Canadian Aviation Regulations (Parts I, III, IV and VI to VIII – Air Navigation Services)
Amendments
1 (1) The definition flight service station in subsection 101.01(1) of the Canadian Aviation Regulations footnote 1 is repealed.
(2) The definitions air traffic advisory services, ATC unit or air traffic control unit, ATS or air traffic services and ATS operations certificate in subsection 101.01(1) of the Regulations are replaced by the following:
- air traffic advisory services
- means the provision by an ATS unit of aviation safety information, including aviation weather information and serviceability reports in respect of aerodromes and radio navigation aids, but does not include the provision of IFR air traffic control messages; (services consultatifs de la circulation aérienne)
- ATC unit or air traffic control unit
- means an ATS unit that provides air traffic control services; (unité ATC ou unité de contrôle de la circulation aérienne)
- ATS or air traffic services
- means air traffic control services, air traffic advisory services and flight information services; (ATS ou services de la circulation aérienne)
- ATS operations certificate
- means a certificate issued under Part VIII that authorizes its holder to operate an air traffic control unit or a flight services unit; (certificat d’exploitation des ATS)
(3) Paragraph (a) of the definition appropriate frequency in subsection 101.01(1) of the Regulations is replaced by the following:
- (a) the radio frequency specified by an ATS unit for use by the pilot-in-command of an aircraft,
(4) Subsection 101.01(1) of the Regulations is amended by adding the following in alphabetical order:
- ATS unit or air traffic services unit
- means an operational facility that provides air traffic services related to the movement of aircraft on the manoeuvring area of an aerodrome or to the operation of aircraft within airspace and for which an ATS site manual has been approved by the Minister under Subpart 1 of Part VIII; (unité ATS ou unité des services de la circulation aérienne)
- contact approach
- means an approach in which the pilot-in-command of an IFR aircraft proceeds to the destination aerodrome by following visual references on the surface; (approche contact)
- FS unit or flight services unit
- means an ATS unit that provides services, other than air traffic control services, for the safe movement of aircraft; (unité FS ou unité des services de vol)
- GNSS
- means global navigation satellite system; (GNSS)
- RNAV or area navigation
- means a method of navigation that allows an aircraft to follow a flight path that is within a navigational aid’s range or the capabilities of a self-contained navigation system or that is within a combination of these ranges and capabilities; (RNAV ou navigation de surface)
- wake turbulence
- means the turbulent air behind an aircraft caused by any of the following:
- (a) wing-tip vortices,
- (b) rotor-tip vortices,
- (c) jet engine thrust stream,
- (d) rotor downwash,
- (e) prop wash. (turbulence de sillage)
Column I Designated Provision |
Column II Maximum Amount of Penalty ($) |
|
|---|---|---|
| Individual | Corporation | |
| SUBPART 1 — AIR TRAFFIC SERVICES | ||
| Section 801.01 | 5,000 | 25,000 |
| Section 801.02 | 3,000 | 15,000 |
| Section 801.06 | 5,000 | 25,000 |
| Section 801.22 | 5,000 | 25,000 |
| Section 801.23 | 5,000 | 25,000 |
| Subsection 801.30(1) | 5,000 | 25,000 |
| Subsection 801.30(3) | 3,000 | 15,000 |
| Section 801.40 | 3,000 | 15,000 |
| Section 801.41 | 3,000 | 15,000 |
| Section 801.42 | 3,000 | 15,000 |
| Section 801.43 | 3,000 | 15,000 |
| Section 801.44 | 3,000 | 15,000 |
| Section 801.45 | 3,000 | 15,000 |
| Section 801.46 | 3,000 | 15,000 |
| Section 801.47 | 3,000 | 15,000 |
| Section 801.48 | 3,000 | 15,000 |
| Section 801.49 | 3,000 | 15,000 |
| Section 801.50 | 3,000 | 15,000 |
| Section 801.51 | 3,000 | 15,000 |
3 Paragraph 106.01(f) of the Regulations is replaced by the following:
- (f) an ATS operations certificate issued under section 801.08; and
4 Paragraph 107.01(2)(b) of the Regulations is replaced by the following:
- (b) an ATS operations certificate issued under section 801.08.
5 The portion of section 402.07 of the Regulations before paragraph (a) is replaced by the following:
402.07 The holder of an air traffic controller licence may, in accordance with Part VIII and the personnel licensing standards, provide or supervise air traffic control services to
6 Section 600.01 of the Regulations is amended by adding the following in alphabetical order:
- appropriate ATS unit
- means
- (a) with respect to aircraft operations within a control zone or on the movement area of an aerodrome,
- (i) the ATC unit identified for the aerodrome in the Canada Air Pilot or Canada Flight Supplement, or
- (ii) if the ATC unit is not in operation or an ATC unit is not identified, the FS unit identified in the Canada Air Pilot or Canada Flight Supplement as providing air traffic services to the aerodrome;
- (b) with respect to aircraft operations within an MF area or on the movement area of an aerodrome, the FS unit identified in the Canada Air Pilot or Canada Flight Supplement as providing air traffic services to the aerodrome; and
- (c) with respect to any other situation, the ATS unit identified in an aeronautical publication as providing air traffic services in the airspace concerned; (unité ATS compétente)
- (a) with respect to aircraft operations within a control zone or on the movement area of an aerodrome,
- visual approach
- means an approach in which the pilot-in-command of an IFR aircraft operating in VMC proceeds to the destination aerodrome by using visual reference to the surface and, as applicable, by maintaining visual separation from, and avoiding the wake turbulence of, a preceding aircraft. (approche visuelle)
7 Section 601.28 of the Regulations is replaced by the following:
601.28 A person who has responsibility for or control over an obstacle to air navigation shall report immediately any deterioration of a marking or any failure or malfunction of a light required under this Division to the appropriate ATS unit.
8 The heading before section 602.30 of the French version of the Regulations is replaced by the following:
Largage de carburant
9 The portion of section 602.30 of the French version of the Regulations before paragraph (b) is replaced by the following:
602.30 Il est interdit de larguer du carburant d’un aéronef en vol, à moins que les conditions suivantes ne soient réunies :
- a) le largage de carburant est nécessaire pour assurer la sécurité aérienne;
10 Paragraph 602.105(h) of the French version of the Regulations is replaced by the following:
- h) les approches VFR ou les approches visuelles;
11 The portion of subsection 602.124(1) of the Regulations before paragraph (a) is replaced by the following:
602.124 (1) Subject to subsections (2) and (3), the pilot-in-command of an IFR aircraft shall, except when taking off or landing, or when being vectored by an ATC unit, ensure that the aircraft is operated at or above
12 Subsection 602.125(1) of the Regulations is replaced by the following:
602.125 (1) The pilot-in-command of an IFR aircraft shall transmit position reports over compulsory reporting points specified on an IFR chart unless advised by the appropriate ATC unit that the aircraft is an identified aircraft.
13 The Regulations are amended by adding the following after section 602.127:
Contact Approach — Authorization
602.127.1 A pilot-in-command shall not conduct a contact approach unless authorized by the appropriate ATC unit.
Contact Approach — Conditions
602.127.2 (1) Before requesting authorization to conduct a contact approach, the pilot-in-command of an IFR aircraft shall
- (a) ensure that the aircraft is being operated clear of cloud and that flight visibility is not less than one mile;
- (b) establish visual contact with the surface of the earth; and
- (c) determine that they are able to proceed to the aerodrome of intended landing while complying with the requirements of paragraphs (a) and (b).
(2) When conducting the contact approach, the pilot-in-command shall
- (a) avoid entering any restricted airspace;
- (b) comply with the requirements of paragraphs (1)(a) and (b); and
- (c) immediately advise the appropriate ATC unit if they are unable to complete the contact approach.
Visual Approach — Authorization
602.127.3 A pilot-in-command shall not conduct a visual approach unless authorized by the appropriate ATC unit.
Visual Approach — Conditions
602.127.4 (1) Before requesting authorization to conduct a visual approach, the pilot-in-command of an IFR aircraft shall
- (a) ensure that they are operating the aircraft in VMC;
- (b) establish visual contact with the aerodrome of intended landing; and
- (c) determine that they are able to proceed to the aerodrome of intended landing while complying with the requirements of paragraphs (a) and (b).
(2) Before accepting authorization to conduct a visual approach, the pilot-in-command shall
- (a) ensure that they are operating the aircraft in VMC;
- (b) establish visual contact with the aerodrome of intended landing or with the aircraft from which they must maintain visual separation; and
- (c) determine that they are able to
- (i) proceed to the aerodrome of intended landing in VMC,
- (ii) maintain visual separation from, and avoid the wake turbulence of, a preceding aircraft, if instructed to do so, and
- (iii) conduct the approach in accordance with any instructions issued with the authorization.
(3) When conducting the visual approach, the pilot-in-command shall
- (a) ensure that they are operating the aircraft in VMC;
- (b) avoid entering any restricted airspace; and
- (c) immediately advise the appropriate ATC unit if they are unable to complete the visual approach.
14 Section 602.134 of the Regulations is replaced by the following:
602.134 Any person operating an aircraft who wishes to receive air traffic services referred to in section 801.24 in English or French shall make their request known to the appropriate ATS unit by means of an initial radiocommunication in English or French.
15 Section 700.01 of the Regulations is amended by adding the following in alphabetical order:
- visual approach
- means an approach in which the pilot-in-command of an IFR aircraft operating in VMC proceeds to the destination aerodrome by using visual reference to the surface and, as applicable, by maintaining visual separation from, and avoiding the wake turbulence of, a preceding aircraft; (approche visuelle)
16 Paragraph 705.46(b) of the Regulations is replaced by the following:
- (b) in the case of an IFR flight, the pilot-in-command establishes visual contact with the intended aerodrome of landing and receives an authorization from the appropriate ATC unit to conduct a visual approach or such an authorization is relayed to the pilot by an FS unit.
17 Paragraph 705.58(2)(b) of the French version of the Regulations is replaced by the following:
- b) les effets du largage de carburant lorsque celui-ci est effectué conformément aux procédures précisées dans le manuel d’exploitation de la compagnie et que l’atterrissage peut être effectué avec la réserve de carburant exigée.
18 Paragraph 705.59(2)(b) of the French version of the Regulations is replaced by the following:
- b) les effets du largage de carburant lorsque celui-ci est effectué conformément aux procédures précisées dans le manuel d’exploitation de la compagnie et que la réserve de carburant est suffisante pour que l’aéronef atteigne l’aérodrome de destination à 1 500 pieds AGL et qu’il puisse poursuivre le vol pendant 15 minutes au régime de croisière.
19 (1) The definition air traffic services or ATS in subsection 800.01(1) of the Regulations is repealed.
(2) The definition operational location in subsection 800.01(1) of the Regulations is replaced by the following:
- operational location
- means the physical location of an ATS unit; (emplacement opérationnel)
(3) Subsection 800.01(1) of the Regulations is amended by adding the following in alphabetical order:
- altitude reservation
- means an airspace of defined dimensions within controlled airspace reserved for the use of a civil or military agency during a specified period and whose location is fixed or moves in relation to the aircraft that operate within it; (réservation d’altitude)
- conflict resolution
- means an air traffic control service provided to avoid potential conflicts between identified aircraft that are in communication with an air traffic controller; (résolution de conflit)
- CVFR aircraft
- means an aircraft operating in controlled VFR flight; (aéronef CVFR)
- identified aircraft
- means an aircraft whose position as indicated on a situation display is confirmed by an air traffic controller; (aéronef identifié)
- visual approach
- means an approach in which the pilot-in-command of an IFR aircraft operating in VMC proceeds to the destination aerodrome by using visual reference to the surface and, as applicable, by maintaining visual separation from, and avoiding the wake turbulence of, a preceding aircraft. (approche visuelle)
20 Subpart 1 of Part VIII of the Regulations is replaced by the following:
Subpart 1 — Air Traffic Services
Division I — Prohibitions
Alcohol or Drugs — Air Traffic Controllers and Flight Service Specialists
801.01 No person shall act as an air traffic controller or a flight service specialist
- (a) within eight hours after consuming an alcoholic beverage;
- (b) while under the influence of alcohol; or
- (c) while under the influence of any drug or other substance that impairs the person’s faculties to the extent that aviation safety is affected.
Air Traffic Control Clearances or Air Traffic Control Instructions
801.02 No air traffic controller shall issue an air traffic control clearance or air traffic control instruction except in accordance with
- (a) the standards contained in Chapter 3 of Annex 11 to the Convention, in the case of airspace in respect of which Canada has accepted, by means of a regional air navigation agreement, the responsibility of providing air traffic services; and
- (b) Standard 821 — Canadian Domestic Air Traffic Control Separation Standards, in the case of any other airspace.
[801.03 to 801.05 reserved]
Division II — ATS Operations Certificate
Requirement for ATS Operations Certificate
801.06 No person shall operate an ATS unit unless the person holds and complies with the provisions of an ATS operations certificate that authorizes the person to operate the ATS unit.
Application for ATS Operations Certificate
801.07 An application for an ATS operations certificate shall be submitted to the Minister along with a copy of the proposed ATS site manual for each operational location to be listed on the certificate.
Issuance of ATS Operations Certificate
801.08 (1) The Minister shall issue an ATS operations certificate to an applicant, authorizing the applicant to operate an ATS unit, if
- (a) the Minister has approved an ATS site manual for the operational location; and
- (b) the applicant demonstrates that
- (i) it has personnel who are qualified to provide an air traffic service at the operational location of the ATS unit, and
- (ii) the ATS unit will be operated in a manner that provides for safe aircraft operations.
(2) The Minister shall approve the ATS site manual if it
- (a) accurately describes the operational location of the ATS unit; and
- (b) contains the information required under section 801.10.
Contents of ATS Operations Certificate
801.09 An ATS operations certificate shall contain
- (a) the legal name, trade name and address of the holder of the certificate;
- (b) the number of the certificate;
- (c) the date of issue of the certificate;
- (d) the effective date of certification;
- (e) the types of air traffic services that the holder of the certificate is authorized to provide; and
- (f) a list of the operational locations for which an ATS site manual has been approved by the Minister.
Contents of ATS Site Manual
801.10 (1) An ATS site manual shall set out the types of air traffic services that are provided by the holder of the ATS operations certificate at a specific operational location.
(2) An ATS site manual shall contain
- (a) a table of contents;
- (b) any information relating to the administration of the ATS unit, including
- (i) a record of any amendments to the manual,
- (ii) a list of the holders of copies of the manual,
- (iii) a description of the procedure for amending the manual,
- (iv) a description of the organizational structure of the ATS unit management,
- (v) a statement, signed by the holder of the ATS operations certificate, certifying that the manual is complete and accurate, and
- (vi) a statement, signed by the Minister, indicating that the Minister has approved the manual;
- (c) any information relating to the operation of the ATS unit, including
- (i) a description of the airspace and its classification,
- (ii) where applicable, a description of the manoeuvring areas and movement areas of all aerodromes served, and
- (iii) a description of the system used to ensure that any operational information necessary for operational staff to perform their duties or functions is available on a daily basis;
- (d) if air traffic advisory services or flight information services are provided, a description of the procedures for providing those services;
- (e) a description of the procedures for providing emergency assistance services;
- (f) a copy of any agreements or memoranda of understanding relating to the operation of the ATS unit; and
- (g) in the case of an ATS unit that provides services to aerodrome traffic, all information pertaining to all aerodromes served in respect of
- (i) emergency response measures,
- (ii) aerodrome safety measures,
- (iii) access to the movement areas and vehicle control procedures,
- (iv) apron management plans and apron safety plans, and
- (v) information services in respect of runway surface friction characteristics.
[801.11 to 801.20 reserved]
Division III — Provision of Air Traffic Services
Provision of Services in Class A, B, C, D and E Airspace
801.21 (1) The air traffic services provided to aircraft operating in Class A or Class B airspace shall include air traffic control services.
(2) The air traffic services provided to aircraft operating in Class C airspace shall include
- (a) air traffic control services to IFR aircraft;
- (b) conflict resolution between IFR aircraft and VFR aircraft;
- (c) conflict resolution between VFR aircraft, on request;
- (d) traffic information; and
- (e) air traffic control separation between all aircraft during runway operations.
(3) The air traffic services provided to aircraft operating in Class D airspace shall include
- (a) air traffic control services to IFR aircraft;
- (b) conflict resolution between IFR aircraft and VFR aircraft, to the extent that providing the service does not interfere with the ability to provide air traffic control services or emergency assistance services;
- (c) conflict resolution between VFR aircraft, on request, to the extent that providing the service does not interfere with the ability to provide air traffic control services or emergency assistance services;
- (d) traffic information; and
- (e) air traffic control separation between all aircraft during runway operations.
(4) The air traffic services provided to aircraft operating in Class E airspace shall include
- (a) air traffic control services to IFR aircraft; and
- (b) traffic information, to the extent that providing the service does not interfere with the ability to provide air traffic control services or emergency assistance services.
Provision of Air Traffic Services
801.22 No holder of an ATS operations certificate shall provide air traffic services at an operational location unless the location is listed on the ATS operations certificate and, in the case of air traffic control services, the services are provided in accordance with
- (a) the standards contained in Chapter 3 of Annex 11 to the Convention, in the case of airspace in respect of which Canada has accepted, by means of a regional air navigation agreement, the responsibility of providing air traffic services; and
- (b) Standard 821 — Canadian Domestic Air Traffic Control Separation Standards, in the case of any other airspace.
Provision of Air Traffic Services in Accordance with ESCAT Plan
801.23 If the holder of an ATS operations certificate is notified by the Minister of National Defence of the implementation of the ESCAT plan, the certificate holder shall ensure that air traffic services are provided to aircraft in accordance with the plan.
Units That Provide Air Traffic Services in English and French
801.24 An ATS unit set out in column 1 of the table to this section shall provide air traffic advisory services, relay services of IFR traffic control messages and air traffic control services in the languages set out in columns 2 to 4, respectively.
| Item | Column 1 Air Traffic Services Unit |
Column 2 Language of Service ― Air Traffic Advisory Services |
Column 3 Language of Service ― Relay Services of IFR Air Traffic Control Messages |
Column 4 Language of Service ― Air Traffic Control Services |
|---|---|---|---|---|
| 1 | Gatineau (FS unit) | English and French | English and French | Services not available |
| 2 | ĂŽles-de-la-Madeleine (FS unit) | English and French | English and French | Services not available |
| 3 | Kuujjuaq (FS unit) | English and French | English and French | Services not available |
| 4 | La Grande Rivière (FS unit) | English and French | English and French | Services not available |
| 5 | Mont-Joli (FS unit) | English and French | English and French | Services not available |
| 6 | Rouyn (FS unit) | English and French | English and French | Services not available |
| 7 | Sept-ĂŽles (FS unit) | English and French | English and French | Services not available |
| 8 | Val-d’Or (FS unit) | English and French | English and French | Services not available |
| 9 | Montréal (area control centre) | English and French | English or French, as used by originating ATC unit | English and French |
| 10 | Montréal (Mirabel International Airport) (FS unit) | English and French | English and French | Services not available |
| 11 | Montréal (Mirabel International Airport) (air traffic control tower) | English and French | English or French, as used by originating ATC unit | English and French |
| 12 | Montréal (Pierre Elliot Trudeau International Airport) (air traffic control tower) | English and French | English or French, as used by originating ATC unit | English and French |
| 13 | Ottawa (Macdonald-Cartier International Airport) (air traffic control tower) | English and French | English or French, as used by originating ATC unit | English and French |
| 14 | Québec (FS unit) | English and French | English and French | Services not available |
| 15 | Québec (Jean Lesage International Airport) (air traffic control tower) | English and French | English or French, as used by originating ATC unit | English and French |
| 16 | St-Honoré (air traffic control tower) | English and French | English or French, as used by originating ATC unit | English and French |
| 17 | St-Hubert (air traffic control tower) | English and French | English or French, as used by originating ATC unit | English and French |
| 18 | St-Jean (Quebec) (air traffic control tower) | English and French | English or French, as used by originating ATC unit | English and French |
| 19 | Any temporary ATS unit located in Quebec | English and French | English or French, as used by originating ATS unit | English and French |
Units That Provide Aeronautical Radiocommunication Services in English
801.25 All ATS units and FS units shall provide aeronautical radiocommunication services in English.
[801.26 to 801.29 reserved]
Division IV — Training and Competency of Flight Service Specialists
Prohibition and Training
801.30 (1) No holder of an ATS operations certificate shall permit a person to act as a flight service specialist at an ATS unit that the holder operates, and no person shall act as a flight service specialist, unless the person
- (a) has successfully completed
- (i) training that has been accepted by the Minister in the performance of the functions of a flight service specialist, and
- (ii) a safety-related initial training course on human and organizational factors; and
- (b) has been certified by the holder of the certificate as being competent to perform those functions.
(2) Subsection (1) does not apply in respect of a person who, under supervision, acts as a flight service specialist while undergoing
- (a) instruction, training or testing in respect of flight service specialist certification; or
- (b) FS unit familiarization in the course of the person’s employment.
(3) The holder of an ATS operations certificate shall
- (a) maintain, for each person who acts as a flight service specialist, a training record showing the place where and the date on which the person successfully completed the training referred to in paragraph (1)(a); and
- (b) at the request of the Minister, provide the Minister with a copy of the training record of any person acting as a flight service specialist at an ATS unit that the holder of the certificate operates.
[801.31 to 801.39 reserved]
Division V — Separation
Wake Turbulence Separation
801.40 An air traffic controller shall establish and maintain wake turbulence separation between aircraft, in accordance with the requirements of section 821.40 of Standard 821 — Canadian Domestic Air Traffic Control Separation Standards, if
- (a) one aircraft takes off from the same airport as another aircraft or from an adjacent airport; or
- (b) one of the aircraft is flying at an altitude of less than 1,000 feet below a preceding aircraft.
Airport Separation
801.41 An air traffic controller shall establish and maintain air traffic control separation between aircraft at a controlled aerodrome, in accordance with the requirements of section 821.41 of Standard 821 — Canadian Domestic Air Traffic Control Separation Standards, if one of the aircraft is operating on the manoeuvring area, taking off or landing.
Initial IFR Separation on Departure
801.42 Unless ATS surveillance separation under section 821.06 of Standard 821 — Canadian Domestic Air Traffic Control Separation Standards is applied, an air traffic controller shall, on departure, establish and maintain an initial IFR air traffic control separation, in accordance with the requirements of section 821.42 of that standard, between
- (a) IFR aircraft;
- (b) CVFR aircraft; and
- (c) an IFR aircraft and a CVFR aircraft.
CMNPS Separation
801.43 An air traffic controller shall establish and maintain, within Canadian minimum navigation performance specifications (CMNPS) airspace and the CMNPS transition area, air traffic control separation, in accordance with the requirements of section 821.43 of Standard 821 — Canadian Domestic Air Traffic Control Separation Standards, between aircraft that can be operated in accordance with CMNPS.
RNPC Separation
801.44 An air traffic controller shall establish and maintain, within required navigation performance capability (RNPC) airspace, air traffic control separation, in accordance with the requirements of section 821.44 of Standard 821 — Canadian Domestic Air Traffic Control Separation Standards, between aircraft that can be operated in accordance with RNPC.
Separation — Class F Airspace and Restricted Airspace
801.45 An air traffic controller shall establish and maintain air traffic control separation, in accordance with the requirements of section 821.45 of Standard 821 — Canadian Domestic Air Traffic Control Separation Standards, between Class F airspace or restricted airspace and an IFR aircraft or CVFR aircraft.
Separation — Photographic Survey Flights
801.46 An air traffic controller shall establish and maintain air traffic control separation, in accordance with the requirements of section 821.46 of Standard 821 — Canadian Domestic Air Traffic Control Separation Standards, between an aircraft used to conduct photographic survey flights and an IFR aircraft or CVFR aircraft.
Separation — Altitude Reservations
801.47 An air traffic controller shall establish and maintain air traffic control separation, in accordance with the requirements of section 821.47 of Standard 821 — Canadian Domestic Air Traffic Control Separation Standards, between
- (a) altitude reservations; and
- (b) an altitude reservation and an IFR aircraft or CVFR aircraft.
Military IFR Aircraft Separation — Formation Flights
801.48 An air traffic controller shall establish and maintain air traffic control separation, in accordance with the requirements of section 821.48 of Standard 821 — Canadian Domestic Air Traffic Control Separation Standards, between a formation flight conducted by military IFR aircraft and another IFR aircraft or CVFR aircraft.
Separation — USAF Bomber Cell Formation Flights
801.49 An air traffic controller shall establish and maintain air traffic control separation, in accordance with the requirements of section 821.49 of Standard 821 — Canadian Domestic Air Traffic Control Separation Standards, between a United States Air Force (USAF) bomber cell formation and an IFR aircraft or CVFR aircraft.
Separation — Turbojet Aircraft Approach and Penetration Turns
801.50 An air traffic controller shall maintain air traffic control separation, in accordance with the requirements of section 821.50 of Standard 821 — Canadian Domestic Air Traffic Control Separation Standards, between a turbojet aircraft conducting a jet approach or penetration turn and an IFR aircraft or CVFR aircraft and between turbojet aircraft conducting a jet approach or penetration turn.
Separation — Fuel Dumping
801.51 An air traffic controller shall establish and maintain air traffic control separation, in accordance with the requirements of section 821.51 of Standard 821 — Canadian Domestic Air Traffic Control Separation Standards, between an aircraft jettisoning fuel in flight and another aircraft.
21 Section 804.22 of the Regulations is replaced by the following:
804.22 This Division applies in respect of the making and reporting of the assessment of runway visibility at an aerodrome.
22 Section 804.23 of the Regulations and the heading before it are replaced by the following:
Visibility Markers and Conversion Tables
804.23 (1) Before the operator of an aerodrome gives permission to a person to make or report an assessment of runway visibility at an aerodrome, the operator shall produce a visibility markers chart that meets the requirements of section 824.23 of Standard 824 — Runway Visibility Assessment Standards.
(2) If runway edge lights are used to assess the runway visibility, the operator shall produce a conversion table before giving their permission.
23 Section 900.07 of the Regulations is replaced by the following:
900.07 A person who operates a remotely piloted aircraft shall ensure that the appropriate ATS unit or user agency is notified immediately any time the aircraft is no longer under the person’s control and inadvertently enters or is likely to enter into Class F Special Use Restricted airspace, as specified in the Designated Airspace Handbook.
24 Section 901.15 of the Regulations is replaced by the following:
901.15 A pilot of a remotely piloted aircraft shall ensure that the appropriate ATS unit or user agency is notified immediately any time the aircraft is no longer under the pilot’s control and inadvertently enters or is likely to enter into controlled airspace.
25 The Regulations are amended by replacing “flight service station” with “air traffic services unit”, with any necessary modifications, in the following provisions:
- (a) paragraph (b) of the definition ground visibility in subsection 101.01(1); and
- (b) paragraph 602.29(3)(d).
26 The Regulations are amended by replacing “air traffic control unit or flight service station”, “air traffic control unit, a flight service station”, “air traffic control unit, the flight service station” and “air traffic control unit, flight service station” with “air traffic services unit”, with any necessary modifications, in the following provisions:
- (a) subparagraph 301.08(a)(ii), paragraph 301.08(d) and subparagraph 301.08(e)(ii);
- (b) the portion of subsection 302.07(2) before paragraph (a) and subsection 302.07(3);
- (c) subparagraph 302.10(c)(ii), paragraph 302.10(d) and subparagraph 302.10(g)(ii);
- (d) the portion of subsection 305.17(3) before paragraph (a) and subsection 305.17(4);
- (e) paragraph 601.25(2)(b);
- (f) the portion of paragraph 602.13(4)(b) before subparagraph (i);
- (g) paragraph (a) of the definition responsible person in section 602.70;
- (h) subsection 602.76(4);
- (i) subsection 602.77(3);
- (j) paragraphs 602.79(a) and (b);
- (k) paragraph 602.136(b); and
- (l) paragraph 605.40(3)(a).
27 The Regulations are amended by replacing “air traffic control unit or flight service station”, “air traffic control unit or flight service”, “air traffic control unit, a flight service station”, and “air traffic control unit, flight service station” with “air traffic services unit”, with any necessary modifications, in the following provisions:
- (a) paragraph 303.07(4)(b);
- (b) subsection 303.10(1);
- (c) paragraph 303.11(2)(a);
- (d) paragraph 303.18(6)(a);
- (e) paragraph 602.73(3)(b);
- (f) subsections 602.75(1) and (2);
- (g) the portion of subsection 602.77(1) before paragraph (a), the portion of subsection 602.77(2) before paragraph (a) and subsection 602.77(4);
- (h) subsection 602.145(2); and
- (i) paragraphs 602.146(2)(a) and (b) and the portion of paragraph 602.146(c) before subparagraph (i).
28 The French version of the Regulations is amended by replacing “services de la navigation aĂ©rienne” with “services de navigation aĂ©rienne” in the following provisions:
- (a) the heading of Part VIII of Schedule II to Subpart 3 of Part I;
- (b) paragraph 302.403(c);
- (c) subsection 302.406(2);
- (d) paragraph 302.417(1)(c);
- (e) subparagraphs 307.04(1)(a)(ii) and (b)(ii); and
- (f) the heading of Part VIII.
Coming into Force
29 These Regulations come into force on the day after the day on which they are published in the Canada Gazette, Part II.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Executive summary
Issues: As part of Transport Canada’s (TC) Regulatory Review Initiative, low-risk longstanding and emerging shortcomings were identified with respect to air navigation services. Failure to address those issues could impact the safe, orderly, and expeditious operation of aircraft within airspace for which Canada is responsible.
Description: The Regulations Amending the Canadian Aviation Regulations (Parts I, III, IV and VI to VIII – Air Navigation Services) [Regulations] will make 50 amendments to clarify regulatory requirements, facilitate the adoption of innovative technologies, and codify pilot responsibilities with respect to certain flight operations.
Rationale: The Regulations will respond to the Government of Canada (the Government) commitment in Budget 2018 to conduct targeted regulatory reviews, with a focus on identifying and addressing regulatory irritants and bottlenecks to innovation, competitiveness, and economic growth. The Regulations will improve consistency in the interpretation of certain regulatory requirements to enhance compliance and facilitate the adoption of innovative technologies for identifying obstacles to safe landing and take-off of aircraft, as well as for transmitting aircraft positions.
Issues
Several low-risk issues with the Canadian Aviation Regulations (CARs) related to air navigation services were identified through the TC Regulatory Review Initiative (discussed in more detail below). While these issues may not have a substantial impact, failure to address them could negatively affect the safe, orderly, and expeditious operation of aircraft within the airspace for which Canada is responsible. These issues include:
Inefficient, missing, and duplicative definitions: Some definitions in the CARs do not clearly identify the specific types of services provided by the different operational units that provide air navigation services. Furthermore, there are cases of multiple definitions for the same terminology in different parts of the CARs. These inconsistencies could lead to misinterpretation of requirements and, therefore, unintended non-compliance.
Perceived ambiguity in regulatory requirements: Certain requirements do not accurately reflect the policy intent of the CARs. This ambiguity could lead to differences in interpretations of the regulatory requirements, thereby affecting compliance and/or enforcement. For example:
- The Personnel Licensing and Training requirements in the CARs do not specify that air traffic controllers should provide or supervise air traffic control services in international airspace for which Canada is responsible, in accordance with the International Civil Aviation Organization (ICAO) requirements and procedures. This omission represents an inconsistency between the requirements of the Personnel Licensing and Training (Part IV of the CARs) and those respecting the provision of air navigation services (Part VIII of the CARs), which require that air traffic controllers provide or supervise air traffic control services in international airspace for which Canada is responsible. This inconsistency could create confusion for air navigation service providers when identifying which standard to follow for international airspace under Canada’s responsibility.
- The CARs identify Flight Service Stations as responsible for receiving and processing notifications for issues related to markings or lights required to identify air navigation obstacles. This responsibility should fall instead to the appropriate Air Traffic Services (ATS) unit where personnel have received specific training to conduct such tasks.
- The CARs do not accurately capture the services air traffic controllers provide in different airspace classes (i.e., the space above a country’s territory, including bodies of water, where aircraft can operate). Furthermore, the CARs do not indicate the limitations on when and how these services may be provided, which could lead to unrealistic expectations about the ATS available to pilots operating in those airspaces. For example, some pilots who follow Visual Flight Rules (VFR) in Class E airspace could incorrectly assume that air traffic controllers will always notify them of proximate aircraft and provide collision avoidance information, advice, or instructions. This misconception could lead such pilots to be less vigilant, thereby increasing the risk of coming close to, or possibly colliding with, another aircraft. While there have not been any accidents reported due to this issue, it should be addressed to mitigate the risk of potential incidents.
Unnecessarily prescriptive requirements: Certain existing regulatory requirements are unnecessarily prescriptive, which makes the adoption of new/innovative technologies difficult. For example, the requirements regarding obstacle clearance and transmission of position reports are restrictive since they prescribe the use of a particular technology (radar). Such requirements have the practical effect of restricting the adoption of other emerging technologies that can provide the same service more efficiently, such as Automatic Dependent Surveillance-Broadcast (ADS-B) and Multilateration (MLAT).
Unenforceable recognized best practices: Certain pilot-operating practices that are critical to aviation safety (e.g., pilot responsibilities for the conduct of contact and visual approaches), are not specified in the CARs. Rather, they are outlined in TC’s Aeronautical Information Manual (TC AIM) and, therefore, cannot be enforced.
Insufficient reference to incorporated standard: The CARs only require that Air Traffic Control (ATC) clearances and/or instructions be provided in accordance with Standard 821 - Canadian Domestic Air Traffic Control Separation Standards (Standard 821). However, it is not always clear for air traffic controllers which part of Standard 821 to use in different situations (scenarios) when issuing clearances and/or instructions. Making broad reference to Standard 821 in the CARs does not take into consideration the structure of the standard, which has dedicated sections for issuing air traffic control clearances or instructions for different scenarios, such as phase of flight (e.g., take-off, landing), type of operation (e.g., fuel dumping, photographic surveys) and type of airspace (e.g., restricted airspace).
Concerns raised by the Standing Joint Committee for the Scrutiny of Regulations (SJCSR): In May 2011, the SJCSR identified minor issues with requirements in the CARs related to aviation weather services. These issues include inconsistencies between the English and French versions and unclear regulatory text, which may lead to different interpretations and potential regulatory compliance issues.
Structure of the Air Traffic Services subpart: The structure of this subpart makes it challenging to identify the different types of ATS offered by air navigation service providers and the required personnel training and competencies for those services. Although this information is available in the CARs, it is not organized in a way that is easy for ATS personnel to follow.
Inconsistent terminology between the CARS and other TC and NAVIGATION CANADA (NAV CANADA) documents: In some cases, the terminology used in the CARs differs from that used in other TC and NAV CANADA documents, which could lead to different interpretations. This is particularly the case with the French equivalent of “fuel dumping” and “visual approach”. While the CARs use “approche Ă vue” and “vidange”, TC AIM and NAV CANADA use “approche visuelle” and “largage”.
Background
The Regulations constitute one of many regulatory proposals identified under TC’s Aviation Safety Regulatory Review initiative (the Initiative). The Initiative falls under the Civil Aviation component of TC’s Transportation Sector Regulatory Review Roadmap (the Roadmap) and aims to update and modernize the CARs so that they respond to the needs and emerging priorities of the aviation industry. The Roadmap responds to the Government’s 2018 commitment to undertake a targeted review of regulatory requirements and practices that are bottlenecks to innovation and growth in the Canadian transportation sector.
In summer 2019, a task team comprised of internal and external subject matter experts reviewed over 70 longstanding and emerging irritants related to air navigation services and developed proposed solutions. The Regulations are the result of the exercise conducted by that task team.
Air navigation services in Canada
In 1996, through the Civil Air Navigation Services Commercialization Act, Canada privatized its civil air navigation system by transferring the responsibility for managing its wide expanse of domestic airspace and the North Atlantic oceanic airspace to NAV CANADA. NAV CANADA is the main provider of ATS for non-military aircraft in Canada. TC retained regulatory control of how NAV CANADA provides its services.
NAV CANADA is responsible for providing air navigation services to assist with aircraft take-off from an aerodrome, transit airspace, and with landing safely at a destination aerodrome within Canadian airspace or any other airspace for which Canada has responsibility. These services are provided by different ATS units supported by personnel specially trained for their services. These ATS units include
- ATC units: In addition to flight information services, alerting services (services to notify and assist appropriate organizations regarding aircraft in need of search and rescue aid) and emergency assistance services, ATC units provide ATC services to aircraft on the ground and through a given section of controlled airspace. These services ensure that each aircraft maintains a minimum amount of space around it to avoid collisions. ATC units also provide advisory services to aircraft in uncontrolled airspace.
- Flight Information Centres (FICs): FICs are centralized units that provide weather briefings, to assist pilots in filing and finalizing flight plans, provide alerting services, and disseminate aeronautical and ground traffic information.
- Flight Service Stations (FSS): These stations provide information and services to pilots before, during, and after flights. Unlike ATC units, these stations are not responsible for providing separation between aircraft. They do, however, relay clearances from ATC units which provide separation between aircraft. The CARs require an ATS Operations certificate issued by the Minister of Transport (the Minister) to operate an FSS.
TC oversight
TC uses regulatory and non-regulatory tools to exercise its oversight of air navigation services.
The CARs are a set of rules that govern civil aviation in Canada with a focus on safety. They were established in 1996, replacing the former Air Regulations and Air Navigation Orders. The CARs are organized in ten Partsfootnote 2 and include requirements related to aircraft identification and registration; operation of aerodromes/airports/heliports; personnel licensing and training; airworthiness; general operating and flight rules; commercial air services; air navigation services; remotely piloted aircraft systems; and reduction of greenhouse gas emissions pursuant to ICAO’s Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) set out in Volume IV of Annex 16 to the Convention.
Most requirements for providing air navigation services are stated in Part VIII of the CARs and its associated standards (e.g., Standard 821). Other requirements related to ATC services are specified in other sections of the CARs, such as licensing (Part IV) and airspace structure, classification, and use (Part VI). To promote aviation safety, TC also uses non-regulatory tools, such as advisory documents. For example, TC AIM is an advisory document that provides flight crews with useful reference material for aircraft operation in Canadian airspace, including pilot responsibilities for conducting contact and visual approaches. An approach is a series of manoeuvres that a pilot performs to prepare an aircraft for landing. Pilots can be cleared to follow a published instrument procedure, or to fly a contact or visual approach under certain weather conditions, allowing them to manoeuvre visually.
The visibility requirements for conducting a contact approach are less than those for conducting a visual approach. In other words, the visibility must be more favourable when attempting a visual approach. Because of the lower visibility requirements for conducting a contact approach, an air traffic controller remains responsible for making sure that a safe distance is maintained between the aircraft conducting the contact approach and all other Instrument Flight Rules (IFR) aircraft. For visual approaches, the pilot will often assume responsibility for making sure that aircraft operate at a safe distance from each other when they have sighted, and have been instructed to follow, another IFR aircraft.
Standard 821 - Canadian Domestic Air Traffic Control Separation Standards
The CARs require air traffic controllers to provide ATC services to aircraft operating within controlled Canadian domestic airspace in accordance with Standard 821. This standard contains procedures for air traffic controllers to follow in helping pilots maintain sufficient spacing between aircraft based on several factors. These factors include phase of flight (take-off, en route, and landing), airspace class, aircraft certification, and type of operation being conducted by one of the aircraft (e.g., fuel dumping).
Objective
The objectives of the Regulations are to
- Clarify requirements and reduce or eliminate ambiguity associated with certain terminology, which will enhance consistency and predictability in operations;
- Facilitate the adoption of new technologies in the aviation sector, such as ADS-B and MLAT, by removing prescriptive requirements, thereby contributing to enhanced efficiency in airspace management;
- Enhance safety and clarify the procedures at aerodromes during the conduct of a contact or visual approach by formalizing certain pilot responsibilities; and
- Address longstanding concerns from the SJCSR related to aviation weather services with the goal of ensuring consistency between the English and French versions and clarifying potentially ambiguous regulatory text.
Description
The Regulations will
- Streamline and update terminology to facilitate interpretation of regulatory requirements;
- Eliminate perceived ambiguities and enhance consistency in the interpretation of regulatory requirements;
- Facilitate the adoption and use of innovative technologies;
- Make certain recognized best practices mandatory;
- Facilitate application of procedures in Standard 821 to provide ATC separation;
- Address concerns raised by the SJCSR; and
- Restructure air traffic service provisions.
Streamline and update terminology to facilitate interpretation of regulatory requirements
The following definitions in the CARs will be amended to facilitate the understanding of the services available at different operational units offering air navigation services, as well as their operational requirements.
- ATC unit. A concise definition, which focuses on the type of air traffic services provided at an ATC unit rather than on the different operational units that provide the service, will be adopted.
- Air Traffic Advisory Services: The definition will be amended by replacing “Air Traffic Control unit or Flight Service Station” with “ATS unit” as the source of air traffic advisory services. This change will reflect the fact that air traffic advisory services can be provided by any ATS unit.
- ATS: The definition of ATS will be amended by replacing “advisory services” with “air traffic advisory services”, a more specific term for air navigation.
- ATS Operations Certificate: The definition of ATS Operations Certificate will be amended by replacing “Flight Service Station” with “Flight Services unit”. This amendment will clarify that all ATS units that provide air traffic advisory services, flight information services and emergency assistance services for the safe movement of aircraft require an ATS Operations Certificate. The amended definition will easily accommodate the creation of new types of ATS units.
- Appropriate Frequency: The definition will be amended to replace references to “Air Traffic Control unit” and “Flight Service Station” with “ATS unit”. This amendment will clarify that appropriate frequencies can be provided for communication with all ATS units, not only ATC units and Flight Service Stations.
- Flight Service Station: The definition of Flight Services Station will be repealed and will be captured under the concept of a Flight Services unit, defined below.
- Operational location: The definition will be amended by removing the word “operational” before the term “ATS unit”. The word “operational” in the definition is redundant given that an ATS unit is defined as an operational facility.
The following new definitions will be introduced in the CARs to facilitate the understanding of the services available at different operational units offering air navigation services, as well as their operational requirements.
- Flight Services unit (FS unit): FS unit means an ATS unit that provides services, other than air traffic control services, for the safe movement of aircraft.
- Air Traffic Services unit (ATS unit): ATS unit means an operational facility that provides air traffic services related to the movement of aircraft on the maneuvering area of an aerodrome or to the operation of aircraft within airspace and for which an ATS site manual has been approved by the Minister under Subpart 1 of Part VIII of the CARs.
Other new definitions that will be introduced into the CARs include the following.
- Area Navigation: A method of navigation that uses ground or space-based navigation that helps to provide a more flexible routing to aircraft. The term Area Navigation is used in different sections of the CARs and associated standards.
- Contact and Visual Approaches: Contact approach means an approach in which the pilot-in-command of an IFR aircraft proceeds to the destination aerodrome by following visual references on the surface of the earth. Visual approach means an approach in which the pilot-in-command of an IFR aircraft operating in Visual Meteorological Conditions (VMC) proceeds to the destination aerodrome using visual reference to the surface and, as applicable, by maintaining visual separation from, and avoiding the wake turbulence of, a preceding aircraft. These definitions are expected to help pilots understand and comply with new requirements around contact and visual approaches.
The global navigation satellite system (GNSS) acronym will be spelled out to facilitate the interpretation of regulatory provisions and associated standards in which the acronym is used.
The French version of the Regulations will be amended by replacing “services de la navigation aĂ©rienne” with “services de navigation aĂ©rienne” in several provisions, to align with the terminology used in the Civil Air Navigation Services Commercialization Act.
As a consequence of introducing a definition for ATS unit, several provisions of the CARs where ATC unit is used will be amended to replace references to “Flight Service Stations” and/or “Air Traffic Control unit” with “ATS unit” so as to align with the inclusive definition of ATS unit. The definition for ATS unit includes “Flight Service Stations” and “ATC units”.
Eliminate perceived ambiguities and enhance consistency in the interpretation of requirements
Certain provisions will be amended to clarify
- that air traffic control separation services are to be provided in accordance with Standard 821 within the airspace for which Canada is responsible;
- that personnel at a Flight Services unit have the required expertise and should be the point of contact for addressing any issues related to deterioration of markings or the failure or malfunctioning of a light that is required to identify obstacles to air navigation;
- that only air traffic controllers can issue authorizations to conduct visual approaches, and that the personnel at Flight Service Stations may only relay authorizations to conduct such approaches;
- the types of ATS provided in different classes of airspace, which should provide greater clarity and certainty to pilots of what to expect from ATS providers in the different classes of airspace; and
- that some ATS units provide services to multiple aerodromes from the same operational location.
The French version of the provisions related to fuel dumping in subpart 602 of the Regulations will be amended to adopt the French equivalent for the term “fuel dumping” (largage du carburant) used in Canadian ATS documents and ATS/pilot communications.
The French version of the provisions related to noise operating criteria at or in the vicinity of an aerodrome will be amended to adopt the French equivalent for “visual approach” (approche visuelle) currently used in the TC AIM and Navigation Canada procedures and in all communications between pilots and ATS providers in Canada.
Facilitate the adoption and use of innovative technologies
Unnecessarily prescriptive requirements may limit the adoption and use of emerging technologies. For example, the use of the terms “radar-vectored” and “radar-detected” in requirements intended to keep flights safe from obstacles, suggests that only information/data generated by radar technology can be used to meet the intent of those requirements. The use of this type of terminology precludes the use of other technologies, such as ADS-B and MLAT, which are increasingly being used worldwide to generate the same type of data. ADS-B is now the preferred method of surveillance for ATC units across the United States. As such, the Regulations will remove those terms thereby allowing the use of other technologies and making the CARs more performance based.
Make certain recognized best practices mandatory
The Regulations will codify recognized best practices, in the form of pilot responsibilities, that are critical for safety during the conduct of contact and visual approaches. These responsibilities will include ensuring that pilots are operating under the right meteorological conditions before requesting authorization to conduct either of these approaches, and after receiving authorization, complying with any ATC clearances or instructions. These recognized best practices are described in detail in TC AIM (RAC 9.6 — CONTACT AND VISUAL APPROACHES). The best practices described in the TC AIM are not enforceable as these practices are not regulatory requirements. To date, TC has relied on the good faith of pilots to assume their responsibilities when requesting authorization to conduct these approaches. Because these pilot responsibilities are critical to aviation safety, they will be codified as enforceable rules of conduct in the Regulations.
Facilitate application of procedures in Standard 821 to provide ATC separation
The Regulations will provide additional details making it easier for air traffic controllers to use the appropriate sections of Standard 821 when issuing instructions to ensure that aircraft operate at a safe distance from each other and other aviation obstacles (aircraft separation instructions).
Administrative monetary penalties
The existing requirement to provide aircraft separation instructions in accordance with Standard 821 is designated as enforceable via administrative monetary penalties with a maximum amount of $3,000 for an individual and $15,000 for a corporation. The Regulations will clearly identify which provision of Standard 821 air traffic controllers should use for different aircraft separation scenarios. This change will involve the creation of new sections in the CARs, each of which will be designated as enforceable via administrative monetary penalties (AMPs). Although this will result in an increase in the number of designated provisions, it will not represent any change for affected stakeholders because it will not involve any change to the existing requirement to provide separation instructions in accordance with the standard, which is already designated as enforceable via AMPs.
Address concerns raised by the SJCSR
In response to the SJCSR’s concerns, the Regulations will include minor amendments to
- remove reference to “a person” in section 804.22 of the CARs. The removal of this reference will clarify that Division III (Runway Visibility) applies broadly to the assessment and reporting of runway visibility, rather than solely to the person who assesses and reports on it; and
- clarify that the establishment of visibility markers and the production of charts (related to the visibility markers) must be done before an airport operator can assess and report runway visibility. This change will clarify the time limit within which the operator of an aerodrome must establish visibility markers and produce visibility marker charts which are required for assessing and reporting runway visibility.
Restructure air traffic service provisions (Subpart 1 of Part VIII of the CARs — ATS)
This subpart regulates the air traffic services in Canadian domestic airspace and international airspace for which Canada has accepted responsibility. The existing structure of this subpart makes it challenging to identify the different types of ATS offered by air navigation service providers and the required personnel training and competencies for those services. The Regulations will reorganize this subpart in favour of a structure that facilitates interpretation and clearly distinguishes ATC separation services from other ATS. The new structure will also clarify the required personnel training and competencies for those services.
Regulatory development
Consultation
Consultations prior to prepublication in the Canada Gazette, Part I
In spring 2019, TC completed a stakeholder mapping exercise. Given that NAV CANADA is the main provider of ATS for non-military aircraft in Canada, it was identified as the main stakeholder with the most interest and influence in the civil air navigation industry. Midwest-ATC Service Inc. was also identified as a stakeholder, but with limited interest and limited impact. Their limited impact is because they only provide ATC services on a contractual basis to the Canadian Department of National Defence out of the Southport airport in Manitoba.
In summer 2019, a task team comprised of subject matter experts from TC and NAV CANADA was created to review longstanding and emerging irritants related to the provisions of air navigation services.
In August 2021, TC issued a Notice of Proposed Amendments (NPA) through the Canadian Aviation Regulation Advisory Council (CARAC) to give other civil aviation industry stakeholders (e.g., pilots, air operators) an opportunity to provide feedback over a 60-day comment period. The CARAC members include approximately 1100 stakeholders from the industry.
TC received comments from a pilot association, the United States Federal Aviation Authority, and NAV CANADA, and took those comments into consideration when developing this regulatory proposal.
The pilot association agreed with the intent of the proposed amendments but raised questions about the language that would be used in the Regulations in relation to the conduct of contact and visual approaches. TC confirmed that it intended to mirror the language currently used in the TC AIM, and the association was satisfied with this approach. Other suggestions raised during the consultations related to the definitions for ATC unit and Area Navigation. Those suggestions were also taken into consideration in the development of proposed amendments to the CARs. For example, the definition of ATC unit will be amended to clarify that the primary mandate of such a unit is to provide air traffic control services. Also, the ICAO definition for Area Navigation will be adopted as it provides the flexibility to accommodate emerging innovative technologies.
In December 2021, TC contacted Midwest-ATC Service Inc. to determine if the organization had any concern or feedback with respect to the proposed amendments. Midwest-ATC Service Inc. acknowledged receipt of the NPA and indicated it did not have any concerns with the proposed amendments.
Prepublication in the Canada Gazette, Part I
The Regulations were prepublished in the Canada Gazette, Part I, on December 9, 2023, followed by a 30-day comment period. TC received 21 submissions that included a total of 36 different comments. Feedback was received from NAV CANADA, an industry association, and a flight training institution. Some of the submissions were made anonymously.
Fifteen comments were immaterial as they raised concerns that are not within the scope of the regulatory proposal prepublished in the Canada Gazette, Part I. More specifically, the concerns were about restrictions on persons with a history of mental illness from flying hot air balloons, blimps, drones or other aircraft, concerns about the use of animals to study or test for pollutants from air fuel, and the use of firearms at airports by wildlife control agents. Those topics are not related to the substance of the Regulations.
One of the 21 comments deemed relevant to the Regulations was simply an expression of support for the regulatory proposal by an aviation industry association. The remaining 20 relevant comments touched on services provided at different operational units, definitions, requirements for conducting contact and visual approaches, types of air traffic services provided in different airspace classes, air traffic control separation, language requirements for providing air traffic services, and notifications regarding the deterioration of a marking/lighting on an obstacle to air navigation.
Services provided at operational units
Two comments from NAV CANADA questioned the accuracy of the description of services provided at FICs and FS units in the “Background” and “Description” sections, respectively, of the Regulatory Impact Analysis Statement (RIAS). NAV CANADA argued that the description of FICs erroneously suggested that FICs provide air traffic information, while the description of FS unit should be more specific in scope to include FSS. The “Background” section of this RIAS has been revised to clarify that FICs do not provide air traffic control services. However, the description of FS unit has not been modified to cover FSS because the proposed definition applies to the CARs and is not specific to how NAV CANADA structures its services between FIC, FSS, or other ATS Units. FSS is specific to how NAV CANADA structures its services. However, the definition of FS units in the Regulations has been revised to clarify that FS units do not provide air traffic control services.
Definitions
TC received five comments from NAV CANADA regarding new or amended definitions included in the Regulations. Three of the comments suggested modifications to the proposed definitions for certain terminology and operational units to adequately identify the services they provide. They suggested that the definitions for “FS unit”, “ATS Operations certificate” and “Air traffic advisory services” should be more specific in scope to include FSS. Following discussions with NAV CANADA, non changes were made to these definitions because they apply to the CARs and TC’s oversight program, and are not specific to how NAV CANADA structures its service between FICs, FSSs, or other ATS Units. Furthermore, the proposed definition for the term “ATS Operations Certificate” adequately covers all the services for which an ATS Operations certificate is required in the CARs.
Of the two other NAV CANADA comments on definitions, one requested clarification on the implications of the proposed definitions for “identified aircraft” while the other suggested the need to add a definition for “air traffic control separation”. NAV CANADA thought it was necessary to include a definition for “air traffic control separation” to distinguish the term from “separation” as it is otherwise used in that section of the CARs. However, following discussions between TC and NAV CANADA, it was agreed that there was no need to modify the definition for “identified aircraft” nor was there the need to include a definition for “air traffic control separation”. Regarding the definition of the term “identified aircraft”, it is important that only the ATC unit informs the pilot that the aircraft is identified as it relieves the pilot from the responsibility of making compulsory position reports. The concept of air traffic control separation is well explained in Standard 821, making it unnecessary to include a definition for the term in the CARs.
Contact and visual approaches
The requirements for conducting contact and visual approaches generated a total of seven comments, four from an anonymous source, two from NAV CANADA, and one from a flight training institution.
With respect to contact approaches, one comment suggested that, as is the case in the TC AIM, the definition of contact approach should include the condition that such an approach be authorized only when there is an approved functioning instrument approach or a published GNSS approach for the airport. TC subject matter experts reviewed the suggestion and determined that it was unnecessary given that this condition is already included in Standard 821.
Two comments, one from an anonymous source and one from a flight training institution, identified a duplication of minimum altitude requirements to ensure obstacle clearance in the proposed conditions for requesting contact approaches. These requirements are already captured under instrument flight rule requirements in part VI of the CARs. The Regulations have been amended to eliminate the duplication.
With respect to visual approaches, questions were received on whether TC was implementing a new policy by making operating an aircraft in visual meteorological conditions (VMC) and establishing visual contact with the aerodrome of intended landing prerequisites for requesting authorization to conduct visual approaches. TC notes that the introduction of visual approach requirements simply codifies into the CARs requirements for requesting authorization to conduct visual approaches, which are currently in the TC AIM. Therefore, this is not a new policy.
NAV CANADA suggested adding that the pilot-in-command of an IFR aircraft may request authorization to conduct a visual approach if they can establish visual contact with a preceding aircraft destined for the same aerodrome of intended landing. However, following discussions between NAV CANADA and TC, both organizations agreed that the suggested addition does not apply to visual approaches and was, therefore, not necessary.
Finally, NAV CANADA suggested that the French term for “visual approach” be changed from “approche Ă vue” to “approche visuelle” in order to align with terminology used in other TC and NAV CANADA documentation. The TC AIM and NAV CANADA’s procedures use “approche visuelle”, which is also currently used in all communications between pilots and ATS in Canada. In response to the comment from NAV CANADA, the Regulations were updated to replace “approche Ă vue” with “approche visuelle” when reference is being made to the concept of “visual approach”. The phrase “approche Ă vue”, as used in other parts of the CARs, refers to a different concept and will be retained where appropriate.
Air traffic services provided in different airspace classes
Proposed amendments to clarify the types of air navigation services available to aircraft operating in different types of airspace generated two comments from NAV CANADA. The organization indicated that the provisions describing the services that were available in Class C and D airspaces were not exhaustive (did not account for non-mandatory services), and erroneously implied that wake turbulence separation is to be applied only to runway operations. The Regulations were updated to indicate that other (non-mandatory) services may be provided in Class C and D airspaces.
Air traffic control separation
NAV CANADA suggested that the conditions on when to apply wake turbulence separation did not cover aircraft taking off from an adjacent airport (an airport that is close enough that an aircraft could potentially encounter the wake turbulence of a heavier aircraft when departing or arriving). Following discussions between TC and NAV CANADA, it was established that the omission was an oversight as wake turbulence separation is required for, and is currently being applied to, aircraft operating from an adjacent airport. The Regulations have been amended to require wake turbulence separation for aircraft taking off from an adjacent airport when another aircraft is flying at an altitude of less than 1,000 feet below a preceding aircraft. As wake turbulence separation is already being applied to aircraft taking off from an adjacent airport, adding the requirement to the Regulations is not expected to carry any incremental impact for air traffic controllers, pilots or operators.
NAV CANADA also suggested that proposed requirements for providing separation between Class F airspace or restricted airspace and an IFR aircraft or CVFR aircraft should be amended to clarify that pilots are responsible for such separation when conducting visual or contact approaches. Following discussions between NAV CANADA and TC, it was concluded that the suggested amendments were not necessary since pilot responsibilities for conducting contact and visual approaches are already covered in part VI of the CARs.
Language requirements for providing air traffic services
NAV CANADA indicated that the reference to temporary ATC unit in item 19 of the table that identifies language requirements for providing air traffic services at different ATS units is restrictive. The use of the term ATC units suggests that only ATC units are set up on a temporary basis, leaving out FS units which could also be set up on a temporary basis and does not cover other temporary ATS units. TC reviewed the table and agrees with NAV CANADA that other types of ATS units, such as FS units, are created on a temporary basis. As such, the Regulations have been amended to use the more inclusive term “temporary ATS units”.
Notifications regarding the deterioration of a marking/lighting on an obstacle to air navigation
NAV CANADA expressed concerns with respect to the proposed amendment to clarify the appropriate operational unit to send reports about any deterioration of a marking or any failure or malfunction of a light related to an obstacle to air navigation. NAV CANADA indicated that while ATS units are the right point of contact for such reports at this time, other operational units could also become a point of contact in the future when new technology is introduced. NAV CANADA was concerned that the Regulations would restrict the adoption of future innovations. Following discussions between NAV CANADA and TC, it was agreed to keep the Regulations as they are because they reflect current practices. Should new technology be introduced in the future, TC agreed to review this specific provision again in collaboration with NAV CANADA.
Summary of changes to the Regulations since prepublication
The following changes have been made to the Regulations since prepublication:
- The definition of FS units has been amended to clarify that FS units provide all services except ATC services.
- The French term for “visual approach” has been changed from “approche Ă vue” to ”approche visuelle” in the definition for “visual approach”, and in CARs 602.105(h), 602.127.3, and 705.46(b).
- The French term for “fuel dumping” has been changed from “Vidange de carburant” to “largage de carburant” in CARs 602.30 and proposed CAR 801.51.
- Proposed pilot in command requirements for conducting a contact approach have been amended to remove obstacle clearance requirements which are already captured in CAR 602.124.
- The French version of proposed requirements for requesting authorization to conduct an approach has been amended to change the French term for “a request” from “la demande” to “l’instruction”. This will align the French text with that of CAR 602.31 (Compliance with air traffic control instructions and authorizations) and emphasizes the fact that an instruction is not the same as a request.
- The requirements that describe services to be provided in various classes of airspace are amended to remove reference to wake turbulence separation to clarify that the requirement to apply wake turbulence separation is not specific to airspace class or runway operations.
- The reference to “temporary ATC unit” in item 19 of the table that identifies language requirements for providing air traffic services at different ATS units has been changed to “temporary ATS units” to clarify that other types of ATS units, such as FS units, are established on a temporary basis as well.
- Numbering changes were made to the Regulations to adopt a consistent numbering system between regulatory requirements and related standards (Standard 821). These non-substantive changes will create a more streamlined framework for compliance with the Regulations by applying the appropriate provisions of Standard 821 when issuing instructions to ensure that aircraft operate at a safe distance from each other and other aviation obstacles (for example, vehicles at the airport).
Due to an oversight, an amendment to paragraph 801.01(1)(a) that was included in the proposed Regulations was not captured in the RIAS that was prepublished in the Canada Gazette, Part I. The proposed amendment would have increased the amount of time air traffic controllers and flight service specialists would need to refrain from consuming alcohol before beginning work from eight hours to 12 hours. The objective of this proposed change was to align the requirement for air traffic controllers with the requirement in subsection 602.03(a) which obliges aircraft crew members to refrain from consuming alcohol for 12 hours before starting work. Following prepublication of the proposal, Transport Canada determined that the proposed amendment would require further consideration. As a result, the proposed amendment to paragraph 801.01(1)(a) has been removed from the Regulations pending additional policy work. Given that this change was not captured in the RIAS at prepublication, there is no impact to the cost-benefit analysis as a result of removing the proposed amendment from the Regulations.
Finally, at prepublication, there was an error in the proposed Regulations. The proposed amendment to section 804.22 inadvertently applied only to the French version of the CARs and did not include the intended removal of the reference to “a person” as described in the RIAS at prepublication. This error has been corrected in the Regulations: the reference to “a person” in section 804.22 has been removed to clarify that Division III (Runway Visibility) applies broadly to the assessment and reporting of runway visibility, rather than solely to the person who assesses and reports on it.
Modern treaty obligations and Indigenous engagement and consultation
In accordance with the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, an analysis was undertaken to determine whether the regulatory proposal is likely to give rise to modern treaty obligations. The assessment examined the geographic scope and subject matter of the regulatory proposal in relation to modern treaties in effect and after examination, no impacts have been identified in respect of the Government’s obligations in relation to Indigenous rights protected by section 35 of the Constitution Act, 1982, or its modern treaty obligations.
Instrument choice
A careful review by a joint TC and NAV CANADA task team of the issues addressed under this regulatory proposal established that introducing regulatory amendments was the most effective way of resolving them. Given that most of the regulatory amendments are intended to (i) facilitate interpretation of existing regulatory requirements; (ii) make enforceable pilot procedures that are considered critical for aviation safety; and (iii) facilitate the adoption of some air navigation services technologies, amending the CARs was deemed to be the most effective way of resolving the identified issues. As such, no non-regulatory options were considered.
Regulatory analysis
Benefits and costs associated with the Regulations are assessed based on comparing the baseline scenario against the regulatory scenario. The baseline scenario depicts what is likely to happen in the future if the Government does not implement the Regulations. The regulatory scenario provides information on the intended outcomes because of the regulatory amendments.
Stakeholder profile
The Regulations will primarily affect two stakeholders: NAV CANADA and Midwest-ATC Service Inc.
NAV CANADA is a privately run, not-for-profit company that owns and operates Canada’s civil air navigation system. The organization was identified as the main stakeholder with the most interest and influence in the civil air navigation industry given that the organization is the only provider of ATS for non-military aircraft in Canada.
Midwest-ATC Service Inc. was also identified as a stakeholder, but with limited interest and limited impact given that the organization only provides ATC services on a contractual basis to the Canadian Department of National Defence out of the Southport Airport in Manitoba.
Benefits and costs
The Regulations will clarify regulatory requirements, and avert perceived ambiguity associated with certain terminology, which will result in improved aviation safety due to a better understanding of the regulatory requirements governing the provision of ATS and better compliance with these requirements. The Regulations will also integrate certain best practices, in the form of pilot responsibilities, to further strengthen aviation safety during the conduct of contact and visual approaches and will facilitate the adoption of new technology in the aviation sector, such as ADS-B and MLAT, by removing prescriptive requirements restricting the adoption of new technology to enhance efficiency in airspace management. This would particularly enable airline operators to operate more efficiently by planning their fuel usage and carriage, which would reduce their emissions and therefore better protect the environment. The Regulations are not expected to impose costs on the above-mentioned stakeholders. Even though the Regulations will require pilots to adopt certain best practices, it is expected that they already follow such practices. While there will be minimal cost to government related to learning about the new requirements in the Regulations and developing training material, this cost is not included in the analysis because it will occur before the Regulations are registered. There will also be minimal enforcement costs even though there is sufficient capacity and resources that TC can draw upon. TC will notify stakeholders of the Regulations via email; however, TC’s cost of developing such communication will be minimal.footnote 3
Small business lens
The small business lens does not apply to the Regulations, as there are no associated impacts on businesses.
One-for-one rule
The one-for-one rule does not apply as there is no incremental change in administrative burden on businesses.
Regulatory cooperation and alignment
The Regulations are not related to any commitment under a formal regulatory cooperation forum nor are they intended to address non-alignment with other jurisdictions. However, the Regulations will enhance alignment with requirements in other countries and regions. For example:
- Making the requirements regarding equipment to keep flights safe from obstacles performance-based will allow Canadian requirements to align with those of other jurisdictions, where other technologies (i.e., ADS-B and MLAT) are increasingly being used. MLAT and ADS-B are increasingly being used worldwide and are already in operation in Canada and the United States. The majority of Canadian commercial aircraft already receive services via MLAT and ADS-B. The ADS-B system is the preferred method of surveillance in the United States.
- While some of the new definitions or amendments to existing ones align with ICAO definitions (e.g., the definition for Area Navigation), others do not. For those that do not, no conflict is anticipated because both Canadian and ICAO definitions portray the same basic concept. While the Canadian terms focus on the type of services being provided, ICAO terms focus on who is providing those services.
Strategic environmental assessment
In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required.
Gender-based analysis plus
A gender-based analysis plus (GBA+) assessment was conducted to determine whether the Regulations will have differential impacts based on identity factors such as gender, race, ethnicity, and sexuality. The Regulations, which will mostly clarify existing requirements and codify existing practices related to the ongoing provision of air navigation services, are not expected to have differential impacts on the basis of identity factors, such as gender, race, ethnicity, sexuality, religion, or age. While women are under-represented in the aviation industry, the Regulations are not expected to create or contribute to any barriers to the participation of women in the industry.
Implementation, compliance and enforcement
The Regulations will address simple and non-controversial issues regarding air navigation service requirements in the CARs. Most of the amendments will clarify existing requirements. They are expected to enhance compliance by increasing industry’s understanding of what is required to maintain a safe air transportation service.
The introduction of recognized best practices in the form of pilot responsibilities with respect to conducting contact and visual approaches will not result in proactive verification through routine inspections. Instead, in case of an incident, a reactive approach will be taken to assess whether a pilot’s responsibilities were fulfilled with respect to the approach (contact/visual).
Implementation
The Regulations will come into force the day after publication in the Canada Gazette, Part II. The delayed coming into force is to coordinate with other regulatory amendments that come into force the previous day.
TC’s inspectors are aware of the Regulations and will require minimal training to adapt inspection procedures accordingly.
Stakeholders will be notified of the publication and coming into force of the Regulations through the CARAC via email.
Compliance and enforcement
TC will enforce compliance with the Regulations through the tools in the Aeronautics Act. For contraventions of provisions designated under section 7.6 of the Aeronautics Act, an AMP could be issued. The AMPs carry a maximum fine of $5,000 for individuals and $25,000 for corporations. For provisions of the Regulations that have not been designated, TC may proceed by way of summary conviction, pursuant to section 7.3 of the Aeronautics Act. Alternatively, if it has grounds to do so, TC may proceed with the suspension or cancellation of a Canadian aviation document under sections 6.9, 7, or 7.1.
TC will conduct its implementation, compliance promotion and enforcement activities with existing resources, within existing departmental reference levels.
Contact
Steve Palisek
Acting Director
Regulatory Affairs (AARK)
Civil Aviation
Safety and Security Group
Transport Canada
Place de Ville, Tower C
330 Sparks Street
Ottawa, Ontario
K1A 0N5
Telephone: 613‑993‑7284
Toll-free: 1‑800‑305‑2059
Email: TC.CARConsultations-RACConsultations.TC@tc.gc.ca
Website: www.tc.gc.ca