Canadian Aviation Regulations

801.22 (1) No holder of an ATS operations certificate shall 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 — Canadian Domestic Air Traffic Control Separation Standards, in the case of any other airspace.

(2) A holder of an ATS operations certificate may provide air traffic services only if they do all of the following in accordance with Standard 821 — Air Traffic Flow Management, published by the Department of Transport:

• (a) assess their capacity to meet the demand for air traffic services;

• (b) assess staffing levels and make every reasonable effort to maintain sufficient staff to provide air traffic services in a manner that provides for safe aircraft operations;

• (c) develop and implement a system that balances the demand for air traffic services with strategic and operational capacity and that includes

  • (i) procedures for increasing staffing levels and for taking alternative actions if sufficient staff are not available,

  • (ii) procedures for making information relating to air traffic flow management publicly available, and

  • (iii) competency requirements for staff performing functions related to air traffic flow management; and

• (d) make information relating to air traffic flow management publicly available.