EXEMPTION FROM PARAGRAPH 704.108(1)(c), SUBPARAGRAPH 704.108(1)(b)(i) AND CLAUSE 704.115(2)(a)(v)(A) OF THE CANADIAN AVIATION REGULATIONS AND PARAGRAPHS 724.108(2)(a), (b) and (c) OF THE COMMERCIAL AIR SERVICE STANDARDS

Pursuant to subsection 5.9(2) of the Aeronautics Act and after taking into account that the exemption is both in the public interest and is not likely to adversely affect aviation safety, I hereby exempt Canadian air operators and their respective flight crew members from the requirements of paragraph 704.108(1)(c), subparagraph 704.108(1)(b)(i), and clause 704.115(2)(a)(v)(A) of the Canadian Aviation Regulations (CARs), and from paragraphs 724.108(2)(a), (b) and (c) of the Commercial Air Service Standards (CASS) made pursuant to subsection 704.108(2) of the CARs. This exemption is subject to the conditions set out below.

The requirements of paragraph 704.108(1)(c) and subparagraph 704.108(1)(b)(i) and clause 704.115(2)(a)(v)(A) of the CARs and paragraphs 724.108(2)(a), (b) and (c) of the CASS are set out in Appendix A of this exemption.

PURPOSE

The purpose of this exemption is twofold.  First, it allows Canadian air operators operating BA3100 and BA3200 aeroplane types to group the two types for the purposes of providing Initial and Annual Recurrent Training and to complete Initial and Recurrent Pilot Proficiency Checks (PPCs).  Second, it allows Canadian air operators flight crew members to operate BA3100 and BA3200 aeroplane types without having to undergo Initial and Annual Recurrent Training and Initial and Recurrent PPC on both aeroplane types where the air operator has grouped the two types pursuant to subsection 704.108(2) of the CARs.

APPLICATION

This exemption applies to a Canadian air operator who has grouped the two aeroplane types BA3100 and BA3200 pursuant to subsection 704.108(2) of the CARs and to its flight crew members while operating under subpart 704 of the CARs and using both aeroplane types.

CONDITIONS

This exemption is subject to the following conditions:

  1. The Canadian air operator shall have an approved initial and annual training program for grouping aeroplane types BA3100 and BA3200 in accordance with subsection 704.115(2) of CARs.

  2.  In order to obtain a valid PPC for both BA3100 and BA3200 aeroplane types, the flight crew member shall successfully complete the following:

    1. Initial Training in accordance with section 724.115 of the CASS on one of the two aeroplane types, including written examinations on systems and limitations;

    2.  The air operator’s approved transition ground training for the second aeroplane type; and

    3. An Initial PPC in accordance with Schedule I or Schedule II of the CASS on the type for which Initial Training had been given.
     
  3. The flight crew member shall successfully complete the following Annual Recurrent Training:

    1. Annual Recurrent Training in accordance with section 724.115 of the CASS on one of the two types;

    2. Approved Recurrent Transition Ground Training for the second type; and

    3. A Recurrent PPC on the aeroplane or flight simulator type for which recurrent training had been received.
  4. The PPC shall be valid and not have expired.

VALIDITY

This exemption is in effect until the earliest of::

  1. December 31, 2014 at 23:59 EST;

  2. The date on which any of the conditions set out in this exemption is breached; or

  3. 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 adversely affect aviation safety.

Dated at Ottawa, Ontario, Canada this 2nd day of July, 2013, on behalf of the Minister of Transport.

 

“Original signed by”

 

Martin J. Eley
Director General
Civil Aviation

APPENDIX A

RELEVANT EXCERPTS OF THE CANADIAN AVIATION REGULATIONS ANDCOMMERCIAL AIR SERVICE STANDARDS

Flight Crew Member Qualifications

704.108 (1) Subject to subsection (6), no air operator shall permit a person to act and no person shall act as a flight crew member in an aircraft unless the person

(b) within the previous 90 days, has completed at least three take-offs and three landings

(i) where a type rating for that aircraft is required, in an aircraft of that type, or in a flight simulator representing that type of aircraft that has been approved by the Minister under Subpart 6 of Part VI for take-off and landing qualifications, or

(c) has successfully completed a pilot proficiency check, the validity period of which has not expired, for that type of aircraft, in accordance with the Commercial Air Service Standards; and

Training Program

704.115 (1) Every air operator shall establish and maintain a ground and flight training program that is

...

(2) An air operator's ground and flight training program shall include
(a) for flight crew members:

(v) initial and annual training, including

(A) aircraft type training,


COMMERCIAL AIR SERVICE STANDARDS

Flight Crew Member Qualifications

724.108 (2) Aeroplane Grouping for PPC Purposes

Where an air operator has been authorized aeroplane grouping for PPCs (renewal only) the following standard shall apply.

  1. for a pilot to commence participating in an air operator’s authorized aeroplane grouping that pilot shall have passed within the preceding 24 months, in each type of aeroplane in which that pilot will act as a flight crew member, the PPC set out in Schedule I or Schedule II of this section;
    (amended 2006/06/30; previous version)

  2. the pilot must complete initial and annual recurrent ground and flight training, including written examinations on systems and limitations, for each type of aeroplane in which he/she will serve as a crew member;

  3. the annual PPC shall be conducted by an approved check pilot or a Department of Transport Inspector and passed on one of the aeroplane types from the authorized group. A different type of aeroplane from the group shall be used each successive year for the conduct of the PPC;

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