Canadian Aviation Regulations (SOR/96-433)

[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).