Air Navigation Services Regulations Update

Summary#

On December 9, 2023, Transport Canada published a proposal called the Regulations Amending the Canadian Aviation Regulations (Parts I, III, IV and VI to VIII – Air Navigation Services). The proposal would make 50 amendments to clarify who provides what air navigation services, allow newer surveillance technologies, and put some pilot responsibilities for contact and visual approaches into the rules. This is a proposal, not law; comments were invited for 30 days (by January 8, 2024) and the department said the changes would come into force when published in Canada Gazette, Part II (anticipated in late 2024).

What it does#

• Rewrites and adds definitions to make clearer what different service units do (introduces the terms ATS unit and FS unit and replaces many uses of “flight service station”).
• Reorganizes the air traffic services part of the rules (Part VIII) so it’s easier to see which services are separation services and which are advisory or information services.
• Removes wording that seemed to require radar so newer systems can be used instead. This clears the way for technologies such as Automatic Dependent Surveillance‑Broadcast (ADS‑B) and Multilateration (MLAT).
• Turns some advisory “best practices” for pilots into enforceable requirements for contact and visual approaches. Examples added include:
  • Pilots must be in visual meteorological conditions (VMC) and have required visibility before requesting or accepting a visual or contact approach.
  • For contact approaches, pilots must remain at or above 1,000 feet above the highest obstacle within 5 nautical miles until they have the required visual reference, and have at least 1 mile flight visibility.
• Clarifies which standard air traffic controllers must use for separation (refers to Standard 821) and reorganizes text so controllers can more easily find the right procedures.
• Updates how certain offences are listed for administrative monetary penalties and shows maximum penalty amounts in the proposed text (examples include $5,000 for individuals and $25,000 for corporations for some items). Transport Canada says it is not creating new types of penalties beyond what already exists.
• Fixes some French/English wording inconsistencies and makes small changes affecting runway-visibility reporting and remote‑pilot notification rules.

Who's affected#

• NAV CANADA, the main provider of civil air navigation services in Canada.
• Pilots, especially those flying under Instrument Flight Rules (IFR) who use contact or visual approaches.
• Air operators and airlines that rely on surveillance and separation services (they may benefit from better use of ADS‑B/MLAT).
• Flight service specialists, air traffic controllers, and ATS unit managers (training, manuals, and certificates are affected).
• Aerodrome operators (rules about visibility markers and reporting are clarified).
• Small contractors that provide ATC services in limited settings (for example, Midwest‑ATC Service Inc. was identified in the review).
• Remotely piloted aircraft operators — the rules clarify when to notify ATS units if control is lost.

If any group’s inclusion is unclear from the proposal, the notice does not spell it out; Transport Canada focused its analysis on the main ATS provider(s) and pilots.

Why it matters#

• Safety: clearer rules reduce confusion about who must do what and when. That helps pilots and controllers avoid misunderstandings that could lead to incidents.
• Modernization: removing prescriptive references to radar lets controllers use newer, widely adopted technologies like ADS‑B and MLAT, which can improve traffic awareness and efficiency.
• Enforceability: some pilot actions that were only advisory would become regulatory. That means pilots would have legal obligations (and could face penalties) if they don’t meet those duties during contact or visual approaches.
• Practical benefits: clearer service descriptions and better use of technology can help airlines plan fuel and routes more efficiently, with possible environmental benefits through reduced fuel use.
• Minimal new cost: Transport Canada’s analysis says the changes are mostly clarification and are not expected to impose new costs on industry.