Canadian Aviation Regulations (SOR/96-433)

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.

Subpart 2 — Aeronautical Telecommunications

Interpretation

802.01 In this Subpart, aeronautical telecommunications system includes radio navigation aids and aeronautical communications systems.

Aeronautical Telecommunications Systems

• 802.02 (1) A person who operates any equipment that is part of an aeronautical telecommunications system referred to in Annex 10 to the Convention shall ensure that

  • (a) the equipment is installed, maintained and operated in accordance with the standards specified in Annex 10 to the Convention; and

  • (b) documentation is maintained that shows how compliance with the standards referred to in paragraph (a) is being achieved.

• (2) No person shall perform a function related to the installation, maintenance or operation of any aeronautical telecommunications equipment unless the person has successfully completed training in the performance of that function and has been certified by the operator of the aeronautical telecommunications system as being competent to perform that function.

• (3) A person who operates any equipment that is part of an aeronautical telecommunications system referred to in Annex 10 to the Convention shall, at the request of the Minister, provide the Minister with a copy of the documentation referred to in paragraph (1)(b).

• (4) [Repealed, SOR/2020-151, s. 23]

[802.03 to 802.07 reserved]

Subpart 3 — Aeronautical Information Services

Provision of Aeronautical Information Services

• 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.

Development and Publication of Instrument Procedures

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.

[803.03 to 803.08 reserved]

Subpart 4 — Aviation Weather Services and Assessment of Runway Visibility

Division I — Aviation Weather Services

Provision of Aviation Weather Services

• 804.01 (1) Subject to Division III, a person who provides aviation weather services shall provide them in accordance with the standards specified in

  • (a) Annex 3 to the Convention;

  • (b) the Manual of Standards and Procedures for Aviation Weather Forecasts; and

  • (c) the Manual of Surface Weather Observations.

• (2) For the purpose of paragraph (1)(a), the words aerodrome and aircraft used in Annex 3 to the Convention have the same meaning as in subsection 3(1) of the Act.

• (3) For the purpose of paragraph (1)(a), the expressions alternate aerodrome, control area and flight crew member used in Annex 3 to the Convention have the same meaning as in subsection 101.01(1).

• (4) For the purpose of paragraph (1)(a), operator, used in Annex 3 to the Convention, has the meaning assigned by the definition air operator in subsection 101.01(1).

[804.02 to 804.07 reserved]

Division II — Meteorological Observations Measured By Automatic Instrumentation Of Wind, Temperature, Humidity Or Atmospheric Pressure

[804.08 to 804.21 reserved]

Division III — Runway Visibility

Application

804.22 This Division applies in respect of the making and reporting of the assessment of runway visibility at an aerodrome.

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.

Person Qualified to Assess and Report Runway Visibility

804.24 Except for a pilot who meets the requirements of section 602.131, no person other than a person qualified in accordance with section 804.26 shall assess runway visibility and report the assessment.

Assessment and Reporting of Runway Visibility

• 804.25 (1) A person qualified to assess runway visibility shall obtain authorization to report an assessment of runway visibility from the operator of the aerodrome.

• (2) A person qualified to assess runway visibility shall assess runway visibility and report the assessment in accordance with section 824.25 of Standard 824 — Runway Visibility Assessment Standards.

Qualifications and Training

804.26 A person who assesses runway visibility shall

• (a) have a distant visual acuity with or without correction of 6/12 (20/40) or better in each eye separately and binocular visual acuity of 6/9 (20/30) or better;

• (b) be qualified to operate a vehicle equipped with a two-way radio communication system on the manoeuvring area of the aerodrome; and

• (c) have received the training set out in section 824.26 of Standard 824 — Runway Visibility Assessment Standards.

Subpart 5 — Safety Management System

Requirements

805.01 The safety management system required under section 107.02 in respect of an applicant for, or a holder of, an ATS operations certificate shall

• (a) meet the requirements of Subpart 7 of Part I and section 805.02; and

• (b) be under the control of the accountable executive appointed under paragraph 106.02(1)(a).

Components of the Safety Management System

• 805.02 (1) The safety management system shall include, among others, the following components:

  • (a) a safety management plan that includes

    • (i) a safety policy that the accountable executive has approved and communicated to all employees,

    • (ii) the roles and responsibilities of personnel assigned duties under the safety management system,

    • (iii) performance goals and a means of measuring attainment of those goals,

    • (iv) a policy for the internal reporting of hazards, incidents and accidents, including the conditions under which immunity from disciplinary action will be granted, and

    • (v) a process for reviewing the safety management system to determine its effectiveness;

  • (b) procedures for reporting hazards, incidents and accidents to the appropriate manager;

  • (c) procedures for the collection of data relating to hazards, incidents and accidents;

  • (d) procedures for the exchange of information in respect of hazards, incidents and accidents among the operators of aircraft and the provider of air traffic services at an airport and the airport operator;

  • (e) procedures for analysing data obtained under paragraph (c) and during an audit conducted under subsection 805.03(3) and for taking corrective actions;

  • (f) training requirements for the accountable executive and for personnel assigned duties under the safety management system;

  • (g) procedures for making progress reports to the accountable executive at intervals determined by the accountable executive and other reports as needed in urgent cases; and

  • (h) procedures for involving employees in the implementation and ongoing development of the safety management system.

• (2) The components specified in subsection (1) shall be set out in a manual or another document established by the holder of the ATS operations certificate that includes

  • (a) a record of any amendments to the manual or document;

  • (b) a description of the procedures for amending the manual or document; and

  • (c) a statement, signed by the accountable executive, certifying that the manual or document is complete and its content accurate.

• (3) The Minister shall approve the manual or document if it contains the information and statement required under subsection (2).