Amendments to Air Navigation Services Rules

Summary#

This is a proposed set of changes to the Canadian Aviation Regulations (Parts I, III, IV and VI to VIII) about air navigation services. The package would make around 50 amendments to clarify who does what, allow modern surveillance technology, and make some pilot responsibilities enforceable. The proposal was published on December 9, 2023 and is open for comment for 30 days; it is not law yet. Transport Canada says the rules would likely come into force upon publication in the Canada Gazette, Part II, expected in late 2024.

What it does#

• Updates and adds definitions (for example, a new ATS unit and FS unit) so the rules more clearly describe the different kinds of air navigation service providers and their duties.
• Rewrites parts of Subpart 1 (air traffic services) to separate air traffic control (ATC) functions from advisory and flight-information functions. This makes it easier to see what services pilots should expect in each class of airspace.
• Removes language that effectively required radar data so that other technologies can be used. This opens the door to systems such as ADS‑B and MLAT for obstacle detection and position reporting.
• Makes several pilot “best practices” enforceable rules. That includes new, written conditions and authorization rules for doing contact approaches and visual approaches (what pilots must check before and during those approaches).
• Clarifies which centre (e.g., Flight Services unit vs. Flight Information Centre) should handle reports about runway markings and lights.
• Adds more detailed links to Standard 821 to help air traffic controllers pick the right separation procedures for different scenarios (take-off, landing, class of airspace, special operations).
• Reorganizes the text so training and competency expectations for Flight Service Specialists and ATC staff are clearer.
• Specifies administrative monetary penalty designations for many air traffic services provisions. The schedule shows penalties of $3,000 (individual) / $15,000 (corporation) for some items and $5,000 (individual) / $25,000 (corporation) for others. Transport Canada says these are not new penalty levels, but a re-scheduling of existing enforceable provisions.

Who's affected#

• NAV CANADA, the company that provides civil air navigation services across Canada. It is the main stakeholder affected because it operates most ATS units.
• Midwest‑ATC Service Inc., which provides limited contract ATC services for the Department of National Defence, is also noted but expected to see limited impact.
• Pilots and air operators who use Canadian airspace. The new rules would spell out pilot responsibilities for contact and visual approaches and clarify what services to expect in each airspace class.
• Air traffic controllers, Flight Service staff, and airport operators. The changes tighten definitions, site manual requirements, and training/competency records.
• The general flying public may notice changes in how and when certain services or communications are provided.

If anything above is unclear in the source, the proposal says so plainly; for example, Transport Canada assessed that there are no expected impacts on Indigenous modern-treaty obligations.

Why it matters#

• Clearer rules reduce confusion. Pilots and service providers are less likely to misinterpret what services are mandatory or available in different airspace. That should improve everyday safety and predictability.
• Letting newer surveillance tools be used in place of “radar” can make position reporting and obstacle detection more flexible and efficient. Transport Canada says this can help airlines plan fuel and reduce emissions.
• Making some pilot practices enforceable means certain safety steps (like checks before a contact or visual approach) could be subject to enforcement if ignored. That changes “recommended practice” into an enforceable rule for pilots.
• Reorganizing the air traffic services rules and tightening links to Standard 821 should help air traffic controllers apply the right separation procedures more easily. That aims to keep aircraft safely spaced across different situations.
• According to the proposal, there should be little or no new cost for industry. Transport Canada expects limited training or administrative work for enforcement and oversight.