Narrative:

Captain was flying. The noise abatement departure from runway 33 at toronto is complex both in vertical and horizontal tracking. Caution notes about the noise sensitivity are on several of the charts as well as the WX briefing message from the company. One note even mentions the possibility of a 25000 dollar fine. We briefed thoroughly 2 times on the procedure, once before pushback and then again before takeoff. As soon as we took off, the first officer selected 320 in the heading select window and I turned to that heading (7 degree turn to the left) to intercept the 327 degree radial. He then switched to departure control, as required in canadian airspace. I checked my ehsi for the outbound radial and there was no course deviation needle in sight (sation passage). We were still within the field boundary. Departure control quickly acknowledged the check- in call and instructed us to turn to 270 degrees. This was not part of the noise abatement procedure and there was no doubt in the mind of either one of us that she hadn't intended for us to turn 'now'. It seemed logical because the call came immediately after takeoff - we had not yet crossed the field boundary - and appeared to be intended to route us south of the bramalea residential area. When we rolled out on the 270 degree heading the controller said we were not supposed to turn until above 3600 ft. The chart does have a 3600 ft restriction but says nothing about disregarding all instructions to the contrary from the controllers.

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Original NASA ASRS Text

Title: ACR FLC DEV IN NON ADHERENCE TO ATC PROC CLRNC INSTRUCTION. AERO CHART PRESENTATION SID.

Narrative: CAPT WAS FLYING. THE NOISE ABATEMENT DEP FROM RWY 33 AT TORONTO IS COMPLEX BOTH IN VERT AND HORIZ TRACKING. CAUTION NOTES ABOUT THE NOISE SENSITIVITY ARE ON SEVERAL OF THE CHARTS AS WELL AS THE WX BRIEFING MSG FROM THE COMPANY. ONE NOTE EVEN MENTIONS THE POSSIBILITY OF A 25000 DOLLAR FINE. WE BRIEFED THOROUGHLY 2 TIMES ON THE PROC, ONCE BEFORE PUSHBACK AND THEN AGAIN BEFORE TKOF. AS SOON AS WE TOOK OFF, THE FO SELECTED 320 IN THE HDG SELECT WINDOW AND I TURNED TO THAT HDG (7 DEG TURN TO THE L) TO INTERCEPT THE 327 DEG RADIAL. HE THEN SWITCHED TO DEP CTL, AS REQUIRED IN CANADIAN AIRSPACE. I CHKED MY EHSI FOR THE OUTBOUND RADIAL AND THERE WAS NO COURSE DEV NEEDLE IN SIGHT (SATION PASSAGE). WE WERE STILL WITHIN THE FIELD BOUNDARY. DEP CTL QUICKLY ACKNOWLEDGED THE CHK- IN CALL AND INSTRUCTED US TO TURN TO 270 DEGS. THIS WAS NOT PART OF THE NOISE ABATEMENT PROC AND THERE WAS NO DOUBT IN THE MIND OF EITHER ONE OF US THAT SHE HADN'T INTENDED FOR US TO TURN 'NOW'. IT SEEMED LOGICAL BECAUSE THE CALL CAME IMMEDIATELY AFTER TKOF - WE HAD NOT YET CROSSED THE FIELD BOUNDARY - AND APPEARED TO BE INTENDED TO RTE US S OF THE BRAMALEA RESIDENTIAL AREA. WHEN WE ROLLED OUT ON THE 270 DEG HDG THE CTLR SAID WE WERE NOT SUPPOSED TO TURN UNTIL ABOVE 3600 FT. THE CHART DOES HAVE A 3600 FT RESTRICTION BUT SAYS NOTHING ABOUT DISREGARDING ALL INSTRUCTIONS TO THE CONTRARY FROM THE CTLRS.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.