Exemption from subsection 803.01(2) of the Canadian Aviation Regulations and section 3.3.1 of Annex 15 to the Convention on International Civil Aviation
NCR-051-2020
Pursuant to subsection 5.9(2) of the Aeronautics Act, and after having taken into account that this exemption is in the public interest and is not likely to adversely affect aviation safety or security, I hereby exempt NAV CANADA, P.O. Box 3411, Station 'D,' Ottawa, Ontario, K1P 5L6, Canada, from the requirements of subsection 803.01(2) of the Canadian Aviation Regulations (CARs) to enable a temporary deviation from the requirements set out in section 3.3.1 of Annex 15 to the Convention on International Civil Aviation, subject to the conditions set out below.
Subsection 803.01(2) of the CARs requires that the aeronautical information services be provided in accordance with the standards set out in Annexes 4 and 15 to the Convention on International Civil Aviation. According to Annex 15, the material to be issued as part of an aeronautical information product shall be thoroughly checked before it is submitted to the Aeronautical Information Service (AIS). To comply with the verification and validation requirements of Annex 15, Instrument Flight Procedures (IFPs) must be developed in accordance with the standards and criteria specified in the manual entitled, Criteria for the Development of Instrument Procedures (TP 308). According to this document all instrument approach procedures, departure procedures, airways and air routes shall be flight checked prior to approval.
Subsections 803.01(2) of the CARs and Section 3.3.1 of Annex 15 are reproduced in Appendix A.
Purpose
The purpose of this exemption is to adopt temporary measures in the public interest to reduce the regulatory demand on Government and the Air Navigation Service Provider resources in Canada following the declaration of a pandemic outbreak of novel coronavirus (COVID-19) by the World Health Organization on March 11th, 2020.
Compliance with the timely initiation of the flight check, required to complete the aforementioned approval process, may not be possible in the current situation since the flight crews involved in this activity are deemed non-essential aviation workers in the COVID-19 context, as per Annex A of the Transport Canada COVID-19 letter to aviation industry – essential services dated March 30, 2020.
The purpose of this exemption is to permit NAV CANADA to submit for publication and distribution their instrument flight procedures when all other review and ground validation activities are completed except for the flight check.
Application
This exemption applies only to the instrument flight procedures that cannot be flight checked due to the COVID-19 restrictions imposed on the NAV CANADA’s flight operations department.
This exemption applies only to the instrument flight procedures that are scheduled for the July 16, 2020 effective date cycle.
Conditions
This exemption is subject to the following conditions:
- This exemption is issued to NAV CANADA, therefore the terms and conditions of this exemption shall not apply to External Design Organizations (EDOs) of IFPs;
- This exemption applies only to the instrument flight procedures that are scheduled for the July 16, 2020 effective date cycle;
- NOTAMs shall be used to ensure that no IFP becomes effective for use until a flight validation deems the procedure satisfactory; and
- IFPs submitted by NAV CANADA pursuant to the terms and conditions of this exemption shall comply with the CARs in all respects, and the CARs shall continue to apply in all respects other than the specific exemption set out herein, or any other applicable exemption issued by the Minister of Transport.
Validity
This exemption is in effect until the earliest of the following:
- a) August 1st, 2020, at 23:59 (EST); or
- b) the date on which this exemption is cancelled in writing by the Minister where he is of the opinion that it is no longer in the public interest or that it is likely to adversely affect aviation safety or security.
Dated at Ottawa, Ontario, Canada this 22nd day of April 2020, on behalf of the Minister of Transport.
“Original signed by”
Nicholas Robinson
Director General
Civil Aviation
Transport Canada
Appendix A
Pertinent provisions of the Canadian Aviation Regulations
- 803.01 (1) In this Subpart, “aeronautical information services” means the services necessary to meet the requirements of Annexes 4 and 15 to the Convention that relate to aeronautical information.
- (2) No person shall provide aeronautical information services except in accordance with the standards set out in Annexes 4 and 15 to the Convention.
- 803.02 No person shall publish or submit for publishing in the Canada Air Pilot an instrument procedure unless the procedure has been developed
- (a) in accordance with the standards and criteria specified in the manual entitled Criteria for the Development of Instrument Procedures; and
- (b) by a person who has successfully completed training in the interpretation and application of the standards and criteria specified in the manual entitled Criteria for the Development of Instrument Procedures, which training has been accepted by the Minister.
TP 308 / GPH 209 (Criteria for the Development of Instrument Procedures)
Section 120 f. Flight Check (Flight Validation).
All instrument approach procedures, departure procedures, airways and air routes shall be flight checked prior to approval and at least once within a 5 year period for existing procedures. Flight checks shall be conducted by a person who has successfully completed training in the interpretation and application of the criteria found in this publication. Guidance material for Flight checks can be found in Annex G.
Annex 15 to the Convention on International Civil Aviation
Chapter 3, section 3.3.1
Material to be issued as part of an aeronautical information product shall be thoroughly checked before it is submitted to the AIS in order to ensure that all necessary information has been included and that it is correct in detail.