Canada’s Air Traffic Controllers have been in a
legal strike position for some time and as of the time of this writing (4
December) a settlement seems far away.
A complete lock out or walk out is not legally possible because the
Commercialization Act (CANSCA) requires that certain essential services must be
provided in the event of a strike, such as services to northern and remote
communities, humanitarian, police, emergency and military flights.
Even though the union is in a position to strike, they cannot do so until the
Canada Industrial Relations Board (CIRB) determines what is essential and in the
public interest.
In fact, they are on strike now but are only withholding training of non-licenced
controllers, such as new controllers being checked out in certain air traffic
control towers.
Following hearings under the Canada Labour Code on the matter, the CIRB
determined that 100 per cent of operational air traffic control services must be
continued for international overflights, flights to remote and northern
locations and certain other traffic such as cargo flights.
The Board further ruled that there could be a reduction in domestic and
international air traffic services but left it to NAV CANADA to conduct a risk
analysis to determine safety risks associated with such a reduction.
NAV CANADA has already interviewed COPA staff as part of an Aeronautical Study.
The study is investigating how operators may adjust their operations, how the
air navigation system might be managed and what possible safety hazards might
arise from a strike which denies ATC services to certain types of flying.
The controllers are proposing that no service will be provided for all General
Aviation local and training flights from or into towered airports and
cross-country flights that use the ATC system (IFR, flights through terminal
areas etc).
Even though many towers and Area Control Centres would be entirely staffed
(essentially a paid strike) and the facilities would be open (meaning you need a
clearance or establish contact to take off or to enter airspace) you will not be
permitted to do so.
All facilities staffed by flight service specialists (flight service stations,
flight information centres, 126.7 en route communications etc) should be
business as usual because this group is not involved in the strike.
The closest we have come to this scenario was following 9/11 when only certain
flights were permitted.
Such a partial withdrawal of certain air traffic control services has never been
envisaged or conducted in the history of Canadian aviation.
This scenario must be seriously studied to ensure there is no undue risk to
aviation safety.
COPA has pointed out that there are many safety risks from denials of service to
our sector, including forcing aircraft to fly close to the ground or pack around
the edges of controlled airspace, forcing pilots to fly VFR in marginal
conditions when they could file IFR, forcing high performance, high speed
aircraft to fly at lower altitudes thereby increasing the risk of collisions
with other aircraft or terrain, and a range of similar issues.
Of course, a variety of non-safety issues such as being forced to pay the NAV
CANADA yearly fee and not receiving service were also highlighted.
A final report must be completed by April 1, 2003 and presented to the CIRB for
a decision on what services can be curtailed and what users can be denied
service and yet maintain essential services in the public interest and some
minimal service for others.
COPA has requested that we be included on an expert panel workshop in January
2003 that will deal with the feedback received from interviews that have been
conducted with a cross-section of the industry.
If you would like to have input on safety issues from your operation or
activities, you can send an email to
aerostudy@navcanada.ca but do not expect to receive a reply.
You can copy COPA President Kevin Psutka
kpsutka@copanational.org and he
will keep your issues in mind as he deals with the company and the government as
this issue unfolds.