Exemption from paragraph 401.05(1)(a) of the Canadian Aviation Regulations

NCR-053-2016

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, I hereby exempt holders of a Canadian Private Pilot Licence, a Canadian Commercial Pilot Licence, a Canadian Airline Transport Pilot Licence, Canadian Multi-crew Pilot Licence, or a Canadian Recreational Pilot Permit – Aeroplane from the recency requirement set out in paragraph 401.05(1)(a) of the Canadian Aviation Regulations (CARs) requiring that a pilot shall have acted as pilot-in-command or co-pilot of an aircraft within the previous five (5) years preceding a flight, subject to the following conditions.

Paragraph 401.05(1)(a) stipulates:

“Notwithstanding any other provision of this Subpart, no holder of a flight crew permit, licence or rating, other than the holder of a flight engineer licence, shall exercise the privileges of the permit, licence or rating unless:

1. the holder has acted as pilot-in-command or co-pilot of an aircraft within the five years preceding the flight;”

PURPOSE

The purpose of this exemption is to provide the holders of a Canadian Pilot Permit or Licence that have not acted as pilot-in-command or co-pilot of an aircraft within the five (5) years preceding the flight another means to meet the recency requirements set out in paragraph 404.05(1)(a).

This exemption provides the holders the option to complete a pilot training program, approved in accordance with the relevant Subpart of Part VII of the CARs, in a Level C or D full-flight simulator approved pursuant to section 606.03 of the CARs.

APPLICATION

This exemption applies to holders of a Canadian Private Pilot Licence, a Canadian Commercial Pilot Licence, a Canadian Airline Transport Pilot Licence, Canadian Multi-crew Pilot Licence, or a Canadian Recreational Pilot Permit - Aeroplane.

CONDITIONS

This exemption is subject to the following condition:

1. In addition to the recency requirements set out in subsections 401.05(2) and 401.05(3) of the CARs, the holder of a Canadian pilot licence or permit shall not exercise the privileges of the licence or permit unless, within five (5) years preceding the flight, the holder has:
   1. acted as pilot-in-command or co-pilot of an aircraft; or
   2. successfully completed a pilot training program, approved in accordance with the applicable Subpart of Part VII of the CARs, in an Level C or D full-flight simulator approved pursuant to section 606.03 of the CARs.

VALIDITY

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

1. September 1, 2021 at 23:59 (EDT);
2. the date on which any condition set out in this exemption is breached;
3. the date on which an amendment to the appropriate provisions of the CARs or related standards, modifying the subject-matter specifically addressed in this exemption, comes into effect; or
4. 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.

DATED at Ottawa, this 23^rd  day of August, 2016, on behalf of the Minister of Transport.

"Original signed by"

Aaron McCrorie
Director General, Aviation Safety Regulatory Framework
Civil Aviation

Date modified:

2016-07-15