NCR-055-2020
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 Certificate Holders providing flight simulation training services using Flight Simulation Training Devices (FSTDs) from the requirements of paragraphs 606.03(5)(a) and (6)(a) of the Canadian Aviation Regulations (CARs) subject to the conditions stated here below.
Paragraph 606.03(5)(a) of the CARs states that a certificate issued pursuant to subsection (2) remains in force where the synthetic flight training equipment in respect of which the certificate has been issued is re-evaluated in the case of a flight simulator, at least every six months.
Paragraph 606.03(6)(a) of the CARs states that subject to subsection (7), the certificate referred to in subsection (5) remains in force in the case of a flight simulator, until the first day of the seventh month following the month in which the flight simulator was evaluated.
The above mentioned provisions are reproduced in Appendix A.
Purpose
The purpose of this exemption is to increase the validity period of a flight simulation training device certificate issued pursuant to subsection 606.03(2) of the CARs, from 6 months to 12 months, and to allow recurrent evaluations of flight simulators to be conducted every 12 months instead of every six months.
Application
This exemption applies to Certificate Holders pursuant to subsection 606.03(2) of the CARs, where the flight simulation training device is operated and maintained in accordance with the Aeroplane and Rotorcraft Simulator Manual (TP 9685) and a fully implemented and independently audited Quality Program that has been recognized and approved by any of the following Authorities:
- (a) Transport Canada Civil Aviation (TCCA);
- (b) The Federal Aviation Administration (FAA) pursuant to Federal Aviation Requirements (FAR) Part 60 Amendment 1 and subsequent amendments;
- (c) The European Aviation Safety Agency (EASA) formerly Joint Aviation Authorities (JAA) pursuant to Joint Aviation Requirements (JAR) STD 1A, Change 1 and subsequent amendments; or
- (d) The United Kingdom Civil Aviation Authority (UK CAA).
The requirements for TCCA upgrade-evaluations are not affected by this exemption.
This exemption ceases to apply to a Certificate Holder who breaches a condition of this exemption.
Conditions
This exemption is subject to the following conditions:
- Certificate Holders shall provide the Minister documented evidence that their Quality Program has been audited by the Federal Aviation Administration (FAA), European Aviation Safety Agency (EASA), United Kingdom Civil Aviation Authority (UK CAA), Transport Canada Civil Aviation (TCCA) and/or an independent “third-party” audit agency recognized by the FAA and/or EASA and/or TCCA.
- Certificate Holders shall provide the Minister documented evidence that their Quality Program has been approved by the FAA, EASA and/or UK CAA as being compliant with TCCA standards, the FAR 14 CFR Part 60.5, Quality Management System, and/or the EASA CS-FSTD(A) and CS-FSTD(H) or subsequent amendments and/or the National Simulator Program (NSP) of the UK CAA.
- Certificate Holders shall identify to the Minister which flight simulators are subject to FAA, EASA and/or UK CAA approved Quality Program or are operated and maintained under the procedures and practices of that program.
- Certificate Holders of a flight simulator shall provide the Minister’s representative(s) a minimum of six (6) hours access to a device during normal working hours for the conduct of an annual re-evaluation.
- Annual re-evaluations shall consist of:
- (a) a review of the results of the quarterly inspections conducted by the holder since the last scheduled continuing qualification evaluation;
- (b) a review of the Master Quality Test Guide (MQTG) document control and relevant discrepancy history;
- (c) a selection of approximately 8 to 15 objective tests from the MQTG that provide an adequate opportunity to evaluate the performance of the Full Flight Simulator (FFS). The tests chosen shall be performed either automatically or manually and shall be conducted within approximately one-third of the allotted FFS time;
- (d) a subjective evaluation of the FFS to perform a representative sampling of the tasks set out by the Minister. This portion of the evaluation shall take approximately two-thirds of the allotted FFS time; and
- (e) an examination of the functions of the FFS, which may include the motion system, visual system, sound system, instructor operating station, and the normal functions and simulated malfunctions of the aeroplane systems. This examination is normally accomplished simultaneously with the subjective evaluation requirements.
- Certificate Holders shall forward performance measurement reports, as submitted to the FAA, EASA and/or UK CAA, to the Minister or any other reports with respect to those performance measurement reports requested by the Minister.
- Certificate Holders shall provide the Minister access to, or copies of defect logs for the device in a manner that is acceptable to the Minister for periodic reviews.
- Certificate Holders shall forward, in a timely manner, any audit findings pertaining to their Quality Program or the results of any recurrent and/or special evaluation conducted on any device by the FAA, EASA and/or UK CAA to the Minister.
- The Certificate Holder’s Quality Program procedures, practices, processes and documentation shall be subject to periodic, and possibly no-notice reviews by the Minister at times other than those scheduled for re-evaluations.
- Certificate Holders shall provide the Minister access to any scheduled pilot training session in a device for the purpose of assessing the operation and performance of that device. Such assessments shall be conducted on a non-interference basis but may be no-notice.
- Flight simulator certificates subject to this exemption shall remain in force until the first day of the thirteenth month following the month in which the flight simulator or flight-training device was evaluated.
Validity
This exemption is in effect until the earliest of the following:
- a) June 1, 2025 at 23:59 (EDT);
- b) The date on which an amendment related to the subject matter and purpose of this exemption modifying paragraphs 606.03(5)(a) and (6)(a) of the CARs and other related sections of the CARs or Standards come into effect; or
- c) The date on which this exemption is canceled in writing by the Minister, where he is of the opinion that it is no longer in the public interest, or it is likely to adversely affect aviation safety or security.
Dated at Ottawa, this day of 14th May 2020 on behalf of the Minister of Transport.
“Original signed by”
Nicholas Robinson
Director General
Civil Aviation
Transport Canada
Appendix A
Pertinent provisions of the Canadian Aviation Regulations
Synthetic Flight Training Equipment
- 606.03 (1) Except in the case of a remotely piloted aircraft system, no person shall use synthetic flight training equipment to provide training or to conduct a skills assessment required under Part IV, this Part or Part VII unless there is in force in respect of that equipment a flight simulator certificate or flight training device certificate issued pursuant to subsection (2) or an equivalent approval or certificate issued under the laws of a foreign state with which Canada has an agreement respecting such equipment.
- (2) The Minister shall, where it is determined that the synthetic flight training equipment meets the standards set out for that equipment in the Aeroplane and Rotorcraft Simulator Manual, issue to the operator of that equipment a flight simulator certificate or flight training device certificate.
- (3) A certificate issued pursuant to subsection (2) shall set out the following information:
- (a) the name of the operator of the synthetic flight training equipment;
- (b) the type, model or series number of aircraft represented;
- (c) the qualification level of the synthetic flight training equipment; and
- (d) the date of issuance of the certificate.
- (4) No certificate issued pursuant to subsection (2) remains in force unless the synthetic flight training equipment in respect of which the certificate has been issued
- (a) maintains the performance, function and other characteristics that are required for the issuance of the certificate, except in the cases set out in the Simulator Component Inoperative Guide (SCIG);
- (b) is maintained in accordance with the procedures set out in the Aeroplane and Rotorcraft Simulator Manual; and
- (c) is changed as required, where the aircraft type, model or series number represented by the synthetic flight training equipment undergoes a change as a result of the issuance of an airworthiness directive or an amendment to this Part or Part VII that affects the training being conducted.
- (5) A certificate issued pursuant to subsection (2) remains in force where the synthetic flight training equipment in respect of which the certificate has been issued is re-evaluated
- (a) in the case of a flight simulator, at least every six months; or
- (b) in the case of a flight training device, at least every 12 months.
- (6) Subject to subsection (7), the certificate referred to in subsection (5) remains in force
- (a) in the case of a flight simulator, until the first day of the seventh month following the month in which the flight simulator was evaluated; or
- (b) in the case of a flight training device, until the first day of the thirteenth month following the month in which the flight training device was evaluated.
- (7) The Minister may extend the period in respect of which a flight simulator certificate or a flight training device certificate is in force by up to 60 days where the Minister is of the opinion that aviation safety is not likely to be affected.