Canada Gazette, Part I, Volume 157, Number 49: Regulations amending the Canadian Aviation Regulations (Parts I, III, IV and VI to VIII – Air Navigation Services)

December 9, 2023

Statutory authority
Aeronautics Act

Sponsoring department
Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Executive summary

Issues

Several low-risk issues with the Canadian Aviation Regulations (CARs) related to air navigation services have been 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: Existing 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 existing 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 shall provide or supervise air traffic control services in international airspace for which Canada is responsible, in accordance with the International Civil Aviation Organization (ICAO). This omission creates 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 currently 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 under the Flight Information Centres because the personnel at those centres receive 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 Air Traffic Services (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, not addressing this issue could lead to preventable incidents in the future.

Unnecessarily prescriptive requirements: Certain existing regulatory requirements are unnecessarily prescriptive, which makes the adoption of new/innovative technologies difficult. For example, the existing regulatory requirements regarding obstacle clearance and transmission of position reports are restrictive since they prescribe the use of a particular technology (radar). However, other technologies have emerged 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 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 the 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 class 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.

Background

The proposed Regulations constitute one of many regulatory packages 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 proposed 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 only 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 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: ATC units provide direction to aircraft on the ground and through a given section of controlled airspace. This direction ensures that each aircraft maintains a minimum amount of space around it to avoid collisions. ATC units can also provide advisory services to aircraft in non-controlled airspace.
• Flight Information Centres: these centres provide traffic information, meteorological information, the state of the runway, and other useful information for the safe and efficient conduct of flights.
• Flight Service Stations: 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 the Flight Service Stations.

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 Parts^{footnote 1} and include regulatory 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 from International Aviation Civil Aviation Organization’s (ICAO) Carbon Offsetting and Reduction Scheme for International Aviation set out in Volume IV of Annex 16 to the Convention (CORSIA).

Most regulatory 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, the TC Aeronautical Information Manual 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 follow a contact or visual approach under certain weather conditions, allowing them to manoeuvre visually. Contact approaches may be conducted in worse weather conditions than visual ones. This is because during contact approaches, the air traffic controller remains responsible for all separation from other aircraft. Whereas, for visual approaches, the pilot often assumes responsibility for separation from other aircraft.

Standard 821

The CARs require air traffic controllers to provide ATC services to aircraft operating within controlled Canadian domestic airspace in accordance with Standard 821. Standard 821 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 proposed Regulations are to

• Clarify regulatory requirements and reduce or eliminate ambiguity associated with certain terminology, which would 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.
• 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 proposed Regulations would

• 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.
• Restructure air traffic service provisions.

Streamline and update terminology to facilitate interpretation of regulatory requirements

The following definitions in the CARs would 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 Air Traffic Control unit rather than on the different operational units that provide the service, would be adopted.
• Air Traffic Advisory Services: The definition would be amended by replacing “Air Traffic Control unit or Flight Service Station” with “ATS unit” as the source of air traffic advisory services. This would reflect the fact that air traffic advisory services could be provided by any Air Traffic Services unit (ATS unit).
• ATS: The definition of ATS would 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 would be amended by replacing “Flight Service Station” with “Flight Services unit” (FS unit). This amendment would 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 would easily accommodate the creation of new types of ATS units.
• Appropriate Frequency: The definition would be amended to replace references to “Air Traffic Control unit” and “Flight Service Station” with “ATS unit”. This amendment would 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 would be repealed and would now be captured under the concept of a Flight Services unit, defined below.
• Operational location: The definition would be amended by removing the word, “operational” before the term “ATS unit”. The word “operational” in the current definition is redundant given that an ATS unit is defined as an operational facility.

The following new definitions would 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 air traffic advisory services, flight information services and emergency assistance 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 would be introduced into the CARs include

• Area Navigation: a method of navigation that uses ground or space-based navigation that aids 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: to facilitate the understanding and compliance with new requirements to oblige pilots to assume responsibilities critical for the safe conduct of contact and visual approaches (descent for landing). Contact approach means an approach in which the pilot-in-command of an Instrument Flight Rules (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.

The global navigation satellite systems (GNSS) acronym would 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 would be amended by replacing “services de la navigation aérienne” with “services de navigation aérienne” 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, amendments are proposed to several provisions of the CARs where ATS unit is used to replace any references to “Flight Service Stations” and/or “ATC 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 would 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 has 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.
• that air traffic clearances and instructions are provided only within controlled Canadian domestic airspace and at Canadian airports where airport ATC services are being provided.
• 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.
• that some ATS units provide services to multiple aerodromes from the same operational location.

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 across the United States. As such, the proposed Regulations would remove those terms thereby allowing the use of other technologies and making the CARs more performance-based.

Make certain recognized best practices mandatory

The proposed Regulations would 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 would 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 Aeronautical Information Manual (RAC 9.6 — CONTACT AND VISUAL APPROACHES). Currently, non-compliance with the best practices in TC Aeronautical Information Manual is not enforceable as these practices are not regulatory requirements and TC has so far relied on the good faith of pilots to assume their responsibilities when requesting authorization to conduct these approaches. TC has assessed that these pilot responsibilities are critical to aviation safety and, therefore, proposes to make them enforceable rules of conduct by adding these requirements to the CARs.

Facilitate application of procedures in Standard 821 to provide ATC separation

The proposed Regulations would 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 regulatory requirements pertaining to aircraft separations are currently designated as enforceable via administrative monetary penalties with a maximum amount of $3,000 for an individual and $15,000 for a corporation. The proposed Regulations would result in the creation of new sections in the regulations to make it easier for air traffic controllers to identify which requirements they must meet in various scenarios. While each new section would be designated as enforceable via administrative monetary penalties, Transport Canada would not be introducing new administrative monetary penalties as the associated requirements are already covered under the CARS.

Address concerns raised by the SJCSR

Amendments are proposed to

• ensure consistency between the English and French versions of the CARs. More specifically in relation to the requirements respecting the need to obtain the permission of the operator of an aerodrome to assess and report runway visibility;
• remove reference to “a person” in section 804.22 of the CARs. The removal of this reference would 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 would 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 proposed Regulations aim to address the issues relating to the structure of this subpart, which currently 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 proposed Regulations would reorganize this subpart in favour of a structure that facilitates interpretation and clearly distinguishes ATC separation services from other ATS. The proposed structure would also clarify the required personnel training and competencies for those services.

Regulatory development

Consultation

In spring 2019, TC completed a stakeholder mapping exercise. Given that NAV CANADA is the only 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 1 100 stakeholders from the industry.

TC received comments from a pilot association, the United States Federal Aviation Authority, and NAV CANADA, and have taken them into consideration.

The pilot association agreed with the intent of the proposed amendments, but raised questions about the language that would be used in the proposed Regulations. TC confirmed that it intends to mirror the language currently used in the TC Aeronautical Information Manual, and the association was satisfied with this approach. Other suggestions raised during the consultations involved the definitions for ATC unit and Area Navigation. Those suggestions have been taken into consideration in the proposed amendments. For example, the definition of ATC unit would 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 would 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 has 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.

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 amendments are intended to (i) facilitate interpretation of existing regulatory requirements; (ii) enhance enforceability of 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 proposed 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 proposed Regulations. The regulatory scenario provides information on the intended outcomes because of the proposed amendments.

Stakeholder profile

The proposed Regulations would 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 proposed Regulations would clarify the regulatory requirements and avert perceived ambiguity associated with certain terminology, and 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 proposed Regulations would 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 would 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 proposed Regulations are not expected to impose costs on stakeholders. Even though the proposed amendments would require pilots to adopt certain best practices, it is expected that they already follow such practices. While there would be minimal cost to government related to learning about the new requirements in the proposed Regulations and developing training material, this cost is not included in the analysis because it would occur before the regulations are registered. There would also be no incremental enforcement costs as there is sufficient capacity and resources that TC can draw upon, which does not require incremental resources. There would be no costs incurred in notifying stakeholders of these proposed Regulations as TC considers the publication of the regulations in Canada Gazette a sufficient form of communication with the regulated community.

Small business lens

The small business lens does not apply to the proposed 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 proposed 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 proposed Regulations would enhance alignment with requirements in other countries and regions. For example:

• Making the requirements regarding equipment to keep flights safe from obstacles performance-based, would 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. Adopting reference to these aligns the CARs with global regulations.
• While some of the proposed introduction of new definitions or amendments to existing ones align with ICAO definitions (e.g. 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 proposed Regulations would have differential impacts based on identity factors such as gender, race, ethnicity, sexuality. The proposed Regulations, which would 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, age. While women are under-represented in the aviation industry, the proposed Regulations are not expected to create or contribute to any barriers to the participation of women in the industry.

Implementation, compliance and enforcement

The proposed Regulations would address simple and non-controversial issues regarding air navigation service requirements in the CARs. Most of the amendments would clarify existing requirements. Therefore, the proposed Regulations would not require a change in existing implementation and enforcement procedures; however, 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, would not result in proactive verification through routine inspections. Instead, in case of an incident, a reactive approach would be taken to assess whether a pilot’s responsibilities are fulfilled with respect to the approach (contact/visual).

Implementation

TC’s inspectors are aware of the proposed Regulations and would require minimal training to adapt inspection procedures accordingly. As they would need to be familiarized with the proposed new requirements, their learning activities would be completed before the Regulations are registered.

Stakeholders will be notified of the proposed Regulations through the Canadian Aviation Regulation Advisory Council once the proposed Regulations are published in the Canada Gazette, Part I, and encouraged to review and provide comments.

TC’s intention is that the proposed Regulations would come into force upon publication in the Canada Gazette, Part II, which is anticipated in late 2024.

Compliance and enforcement

TC would enforce compliance with the proposed Regulations through the Aeronautics Act, which provides two types of enforcement mechanisms, either through the issuance of an administrative monetary penalty (AMP) or through summary conviction. For contraventions of designated provisions under sections 7.6-8.2 of the Aeronautics Act, an AMP would be issued. The AMPs would carry a maximum fine of $5,000 for individuals and $25,000 for corporations. For contraventions to sections 6.9, 7, or 7.1 of the Aeronautics Act, TC would proceed with the suspension or cancellation of a Canadian aviation document, or as applicable, proceeding by way of summary conviction, pursuant to section 7.3 of the Aeronautics Act.

TC would 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

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council proposes to make the annexed Regulations Amending the Canadian Aviation Regulations (Parts I, III, IV and VI to VIII – Air Navigation Services) under section 4.9^{footnote a} of the Aeronautics Act ^{footnote b}.

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. They are strongly encouraged to use the online commenting feature that is available on the Canada Gazette website but if they use email, mail or any other means, the representations should cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Steve Palisek, Acting Director, Regulatory Affairs, Civil Aviation, Safety and Security Group, Transport Canada, Place de Ville, Tower C, Ottawa, Ontario K1A 0N5 (tel.: 613‑993‑7284 or 1‑800‑305‑2059; email: TC.CARConsultations-RACConsultations.TC@tc.gc.ca).

Ottawa, November 30, 2023

Wendy Nixon
Assistant Clerk of the Privy Council

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 2} 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

includes 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

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)

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 air traffic advisory services, flight information services and emergency assistance 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)

visual approach

means an approach in which the pilot-in-command of an IFR aircraft operating in 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; (approche à vue)

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)

2 Subpart 1 of Part VIII of Schedule II to Subpart 3 of Part I of the Regulations is replaced by the following:

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.

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 in the Canada Air Pilot or Canada Flight Supplement as providing air traffic control services to the aerodrome, or
  • (ii) if the ATC unit referred to in subparagraph (i) 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 ATS in the airspace concerned; (unité ATS compétente)

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 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

9 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.

10 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) have 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) ensure that the aircraft is operated at or above an altitude of 1,000 feet above the highest obstacle located within a horizontal distance of five nautical miles from the estimated position of the aircraft in flight until the pilot has acquired the required visual reference to land;
• (b) avoid entering any restricted airspace;
• (c) comply with the requirements of paragraphs (1)(a) and (b); and
• (d) immediately advise the appropriate ATC unit if they are unable to complete the contact approach.

Visual Approach — Authorization

602.127.3 No pilot-in-command shall 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) have 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) have 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 any restricted airspace; and
• (c) immediately advise the appropriate ATC unit if they are unable to complete the visual approach.

11 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, as appropriate.

12 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.

13 (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 within the controlled airspace 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 conflits)

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)

Standard 821

means the Canadian Domestic Air Traffic Control Separation Standards, published by the Department of Transport. (norme 821)

14 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 12 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 is to 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, 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 is to 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 that 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) providing traffic information; and
• (e) air traffic control separation and wake turbulence 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) providing traffic information; and
• (e) air traffic control separation and wake turbulence 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) providing 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 is to 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, 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.

Locations Where Air Traffic Services are Available in English and French

801.24 An ATS unit set out in column of 1 of the table to this section shall provide the services referred to in column 2, 3 or 4 in the language set out in that column.

TABLE

Item	Column 1 Air Traffic Services Unit	Column 2 Air Traffic Advisory Services	Column 3 Relay Services of IFR Air Traffic Control Messages	Column 4 Air Traffic Control Services
1	Gatineau (FS unit)	English and French	English and French	Services not available
2	Îles-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-Îles (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 International (Mirabel) (FS unit)	English and French	English and French	Services not available
11	Montréal International (Mirabel) (air traffic control tower)	English and French	English or French, as used by originating ATC unit	English and French
12	Montréal International (Montréal — Pierre Elliot Trudeau International) (air traffic control tower)	English and French	English or French, as used by originating ATC unit	English and French
13	Ottawa (Macdonald-Cartier International) (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) (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 ATC unit located in Quebec	English and French	English or French, as used by originating ATC unit	English and French

Locations Where Aeronautical Radiocommunication Services are Available 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 is to permit a person to act as a flight service specialist at an ATS unit that the holder operates, and no person is to 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 821.02 of Standard 821, if

• (a) one aircraft takes off from the same airport as another aircraft; 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 821.03 of Standard 821, 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 821.09 of Standard 821 is applied, an air traffic controller shall establish and maintain an initial IFR air traffic control separation on departure, in accordance with the requirements of section 821.04 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 821.10 of Standard 821 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 821.11 of Standard 821 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 821.12 of Standard 821 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 821.13 of Standard 821, 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 821.14 of Standard 821, between

• (a) aircraft operating in an altitude reservation; and
• (b) an aircraft operating in 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 821.15 of Standard 821, between military IFR aircraft conducting a formation flight and an IFR aircraft or CVFR aircraft.

Separation — Bomber Cell Military Formation Flights

801.49 An air traffic controller shall establish and maintain air traffic control separation, in accordance with the requirements of section 821.16 of Standard 821, between a United States Air Force 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 821.17 of Standard 821, between a turbojet aircraft conducting an approach or penetration turn and an IFR aircraft or CVFR aircraft.

Separation — Fuel Dumping

801.51 An air traffic controller shall establish and maintain air traffic control separation, in accordance with the requirements of section 821.18 of Standard 821, between an aircraft jettisoning fuel and another aircraft.

15 Section 804.22 of the French version of the Regulations is replaced by the following:

804.22 La présente section s’applique à toute personne, à l’exception d’un pilote qui satisfait aux exigences de l’article 602.131, qui, avec la permission de l’exploitant de l’aérodrome, évalue la visibilité sur la piste à un aérodrome ou en communique l’évaluation.

16 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 their permission referred to in section 804.22, the operator shall produce a visibility markers chart that meets the requirements of section 824.23 of Standard 824 — Runway Visibility Assessment Standards, published by the Department of Transport.

(2) If runway edge lights are used to assess the runway visibility, the operator shall produce a conversion table before giving their permission.

17 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 inadvertent entry into controlled airspace or Class F Special Use Restricted airspace, as specified in the Designated Airspace Handbook, occurs or is likely to occur.

18 The Regulations are amended by replacing “flight service station” with “air traffic services unit” in the following provisions:

• (a) paragraph (b) of the definition ground visibility in subsection 101.01(1); and
• (b) paragraph 602.29(3)(d).

19 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” 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).

20 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” 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) subsection 602.146(2).

21 The French version of the Regulations is amended by replacing “services de la navigation aérienne” with “services de navigation aérienne” 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

22 These Regulations come into force on the day on which they are published in the Canada Gazette, Part II.

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