Exemption from paragraph 402.04(1)(b) of the Canadian Aviation Regulations

NCR-026-2020

Pursuant to subsection 5.9(2) of the Aeronautics Act, and after having taken into account that this exemption is in the public interest and is not likely to adversely affect aviation safety or security, I hereby exempt persons exercising the privileges of an air traffic controller licence who cease to hold a valid provisional air traffic controller licence or rating solely because of the expiry of the validity period of their provisional licence or rating, from the requirements of paragraph 402.04(1)(b) of the Canadian Aviation Regulations (CARs), subject to the conditions set out below.

Paragraph 402.04(1)(b) of the CARS and those provisions cited in the conditions below, are reproduced in Appendix A.

Purpose

The purpose of this exemption is to adopt temporary measures in the public interest to reduce the regulatory demand on Government and the Air Navigation Service Provider resources in Canada following the declaration of a pandemic outbreak of novel coronavirus (COVID-19) by the World Health Organization on March 11th, 2020.

The purpose of this exemption is to allow holders of currently valid provisional licenses and ratings issued in accordance with subsection 402.06(1) of the CARS which have a validity period that will end on or before June 1st, 2020 to continue exercising the privileges of a traffic control licence without the licence being valid.

Application

This exemption applies only to holders of currently valid provisional licences and ratings issued in accordance with subsection 402.06(1) of the CARs which have a validity period that will end on or before June 1st, 2020.

This exemption ceases to apply to a holder of a currently valid provisional air traffic controller licence or rating issued by the Minister of Transport under subsection 402.06(1) of the CARs who breaches a condition of this exemption.

Conditions

This exemption is subject to the following condition:

  1. Persons exercising the privileges of a provisional air traffic controller licence or rating pursuant to the terms and conditions of this exemption shall comply with the CARs in all respects, and the CARs shall continue to apply in all respects other than the specific exemption set out herein, or any other applicable exemption issued by the Minister of Transport.

Validity

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

  • August 1st, 2020, at 23:59 (EST); or
  • 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 that it is likely to affect aviation safety or security.

DATED at Ottawa, Ontario, Canada this 24th day of March 2020, on behalf of the Minister of Transport.

“Original signed by”

Nicholas Robinson
Director General
Civil Aviation
Transport Canada

Appendix A

Pertinent dispositions of the Canadian Aviation Regulations

Prohibitions

402.04 (1) No person shall act as an air traffic controller or exercise the privileges of an air traffic controller licence unless

  • (a) the person holds an air traffic controller licence endorsed with a rating appropriate to the privileges being exercised and with the appropriate operational location;
  • (b) the licence is valid;
  • (c) the person holds a valid Category 1 or 2 medical certificate; and
  • (d) the person can produce the licence and certificate when exercising those privileges.

Provisional Licences and Ratings

402.06 (1) Where an applicant for an air traffic controller licence or for the endorsement of such a licence with a rating meets the applicable requirements set out in the personnel licensing standards, the Minister shall, as appropriate,

  • (a) issue a provisional air traffic controller licence to the applicant endorsed with a rating appropriate to the functions to be exercised and with the appropriate operational location; or
  • (b) endorse the applicant’s air traffic controller licence with a provisional rating for the appropriate operational location.

(2) A provisional air traffic controller licence or rating remains in effect until the earlier of

  • (a) the date of issuance of an air traffic controller licence by the Minister pursuant to section 402.03, and
  • (b) a date 90 days after the issuance of the provisional air traffic controller licence or the endorsement of an air traffic controller licence with a provisional rating.