Exemption from clause 401.05(2)(b)(i)(B) of the Canadian Aviation Regulations

NCR-034-2019

Pursuant to subsection 5.9(2) of the Aeronautics Act, and after taking into account that the exemption is in the public interest and is not likely to adversely affect aviation safety or security, I hereby exempt the holder of a flight crew permit, licence or rating, other than the holder of a flight engineer licence, operating pursuant to Subpart 4 of Part VI of the Canadian Aviation Regulations (CARs) or pursuant to Subparts 2, 3, 4 and 5 of Part VII of the CARs, from the requirements of clause 401.05 (2)(b)(i)(B) of the CARs, subject to the conditions stated below.

Clause 401.05(2)(b)(i)(B) of the CARs is reproduced in Appendix A.

Purpose

The purpose of this exemption is to allow the holder of a flight crew permit, licence or rating, other than the holder of a flight engineer licence conducting operations pursuant to Subpart 4 of Part VI of the CARs or pursuant to Subparts 2, 3, 4 and 5 of Part VII of the CARs, where a passenger other than a flight test examiner designated by the Minister is carried on board the aircraft, not to complete, within the six months preceding the flight, five night take-offs and five night landings, if the flight is conducted wholly or partly by night.

Application

This exemption applies to the holder of a flight crew permit, licence or rating, other than the holder of a flight engineer licence conducting operations pursuant to Subpart 4 of Part VI of the CARs or pursuant to Subparts 2, 3, 4 and 5 of Part VII of the CARs where a passenger other than a flight test examiner designated by the Minister is carried on board an aircraft, when the flight is conducted wholly or partly by night.

This exemption ceases to apply to the holder of a flight crew permit, licence or rating, other than the holder of a flight engineer licence conducting operations pursuant to Subpart 4 of Part VI of the CARs or pursuant to Subparts 2, 3, 4 and 5 of Part VII of the CARs, who breaches one condition of the exemption.

Conditions

This exemption is subject to the following conditions:

1. The air operator or private operator must have a Safety Management System (SMS) that meets the requirements of section 107.03 of the CARs;
2. The pilots shall each have at least 15 hours of flight time within the preceding 90 days;
3. The aircraft used shall be a multi-engined and transport category aircraft operated by a two-pilot crew;
4. The pilots shall both hold a current Instrument Rating;
5. The Pilot-in-Command shall hold an Airline Transport Pilot Licence and shall have 1500 hours total time and 250 hours on the aircraft type;
6. The Second-in-Command shall hold at least a Commercial Pilot Licence and shall have 500 hours total time and 100 hours on the aircraft type;
7. Pilot(s) shall not conduct visual or contact approaches;
8. Pilot(s) shall not conduct circling approaches; and
9. Pilot(s) shall fly following the published instrument approach to minima and transition to visual cues for landing as per approaches conducted in actual instrument meteorological conditions.

Validity

This exemption is in effect until the earliest of the following:

• a) March 31, 2025 at 23:59 (EST); or
• b) the date on which this exemption is cancelled in writing by the Minister where he is of the opinion that it is no longer in the public interest or is likely to adversely affect aviation safety or security.

Dated at Ottawa, Ontario, this 1^st day of April 2020 on behalf of the Minister of Transport.

“Original signed by”

Nicholas Robinson,
Director General
Civil Aviation
Transport Canada

Appendix A

Relevant provisions of the Canadian Aviation Regulations

Recency Requirements

401.05 (2) Notwithstanding any other provision of this Subpart, no holder of a flight crew permit or licence, other than the holder of a flight engineer licence, shall exercise the privileges of the permit or licence in an aircraft unless the holder

• (b) where a passenger other than a flight test examiner designated by the Minister is carried on board the aircraft, has completed, within the six months preceding the flight,
  • (i) in the case of an aircraft other than a glider or a balloon, in the same category and class of aircraft as the aircraft, or in a Level B, C or D simulator of the same category and class as the aircraft, at least
    • (B) five night take-offs and five night landings, if the flight is conducted wholly or partly by night, […]