NCR-004-2019
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 all Engineering Test Pilots working for hire or reward for Transport Canada, Government of Canada, Tower C, Place de Ville, 330 Sparks, Ottawa, Ontario K1A 0N8, from the rating requirement only set out in paragraph 401.03(1)(a) of the Canadian Aviation Regulations (CARs), subject to the following conditions.
Subsection 401.03(1) of the CARs is set out in Appendix A.
Purpose
The purpose of this exemption is to permit all Engineering Test Pilots working for hire or reward for Transport Canada to exercise the privileges of acting as pilot-in-command or co-pilot of any aircraft, in the aircraft category endorsed on the pilot’s licence, without having a rating for the aircraft that is being operated, while conducting airworthiness flight testing of the aircraft on behalf of Transport Canada. This exemption is required because ratings for aircraft being flight-tested are either unavailable or inappropriate.
Application
This exemption applies to all Engineering Test Pilots working for hire or reward for Transport Canada Government of Canada, holding a valid Airline Transport Pilot Licence or Commercial Pilot Licence and exercising the privilege of acting as pilot-in-command or co pilot of any aircraft in the aircraft category endorsed on the pilot’s licence, for the purpose of conducting airworthiness flight testing of the aircraft on behalf of Transport Canada.
This exemption ceases to apply to the engineering test pilot who breaches a condition of the exemption.
Conditions
This exemption is subject to the following conditions:
- The Engineering Test Pilot shall hold a valid Airline Transport Pilot Licence or Commercial Pilot Licence in the aircraft category endorsed on the pilot’s licence for the aircraft being flight-tested.
- The Engineering Test Pilot shall be tasked by Transport Canada to carry out flight-testing duties.
- Only essential crew members necessary for the purpose of conducting airworthiness flight testing shall be carried on board the aircraft.
- The Engineering Test Pilot shall carry a copy of this exemption, which shall form part of the licensing documents of the pilot.
- For a flight outside of Canadian airspace, and prior to entry into foreign airspace, the Engineering Test Pilot shall obtain the authority to operate under this exemption from the Civil Aviation Authority of the state whose territory is being entered.
Validity
This exemption is in effect until the earliest of the following:
- a) April 1, 2024 at 23:59 EDT;
- b) the date on which any condition set out in this exemption is breached; or
- c) 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 3rd day of April, 2019, on behalf of the Minister of Transport.
“Original signed by”
Nicholas Robinson
Director General
Civil Aviation
Appendix A
Canadian Aviation Regulations
Requirement to Hold a Flight Crew Permit, Licence or Rating or a Foreign Licence Validation Certificate
- 401.03 (1) Subject to subsection (2), no person shall act as a flight crew member or exercise the privileges of a flight crew permit, licence or rating unless
- (a) the person holds the appropriate permit, licence or rating;
- (b) the permit, licence or rating is valid;
- (c) the person holds the appropriate medical certificate; and
- (d) the person can produce the permit, licence or rating, and the certificate, when exercising those privileges.
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