EXEMPTION FROM PARAGRAPHS 705.106(1)(c) AND (d) OF THE CANADIAN AVIATION REGULATIONS

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 affect aviation safety, I hereby exempt Canadian Air Operators, conducting operations under Subpart 5 of Part VII of the Canadian Aviation Regulations (CARs), which use an advanced qualification program (AQP) approved by the Minister and the flight crew members employed by these Canadian Air Operators that are trained, evaluated and qualified under that AQP from the requirements set out in paragraphs 705.106(1)(c) and (d) of the CARs, subject to the conditions specified in this exemption.

Paragraphs 705.106(1)(c) and (d) stipulate that no air operator shall permit a person to act and no person shall act as the pilot-in-command, second-in-command or cruise relief pilot of an aircraft unless the person:

1. c) has successfully completed a pilot proficiency check (PPC), the validity period of which has not expired, for that type of aircraft, in accordance with the Commercial Air Services Standards; and
2. d) has successfully completed or is undergoing a line check or line indoctrination training, the validity period of which has not expired, for that type of aircraft, in accordance with the Commercial Air Services Standards.

PURPOSE

The purpose of this exemption is to provide Canadian Air Operators conducting operations under Subpart 5 of Part VII of the CARs with an opportunity to develop, implement and use an alternate training, evaluation and qualification regime to the one currently prescribed by the CARs, hereby referred to as AQP.

More precisely, the purpose of this exemption is to relieve Canadian Air Operators, conducting operations under Subpart 5 of Part VII of the CARs, from the requirement to conduct PPCs, line checks and line indoctrination on their flight crew members being trained, evaluated and qualified under AQP, since AQP mandates similar requirements in the form of line operational evaluations, online evaluations and initial operating experience.  The terms and conditions of these specific requirements are all found in the conditions attached to this exemption and make up part of the overall program requirements under AQP.

APPLICATION

This exemption applies to Canadian Air Operators, conducting operations under Subpart 5 of Part VII of the CARs, which use an AQP approved by the Minister and the flight crew members employed by those Canadian Air Operators that are assigned to an aircraft type for which training, evaluation and qualification are authorized in accordance with that AQP.

CONDITIONS

This exemption is subject to the following condition:

The Air Operator shall develop and implement an AQP which meets the requirements set out in Appendix A of this exemption.

VALIDITY

This exemption is in effect until the earliest of:

1. The date on which the appropriate amendment to the CARs and associated standards comes into effect;
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 it is likely to affect aviation safety.

Dated at Ottawa, this 29th day of March 2007, on behalf of the Minister of Transport, Infrastructure and Communities.

OSB Merlin Preuss

Merlin Preuss
Director General
Civil Aviation

APPENDIX “A”

The air operator’s advanced qualification program shall meet the following standards:

(i) Management documents, as follows:

1. 1. Program Development and Maintenance
   1. The program must be implemented in accordance with the following five-phase development process, and approval must be obtained from the Minister in order to move on to the next phase:
   1. 1. An application phase, where an application to develop and implement an AQP must be submitted to the Minister
      2. A curriculum development phase, where curriculum development includes the following:
         1. (A) A job task analysis, comprising the development of a job task list and the analysis of all job tasks translated into proficiency objectives
         2. (B) Qualification standards, defining the performance standards required for each proficiency objective for every duty position, addressing training, evaluation and qualification requirements of Parts IV, VI and VII of the CARs under AQP, and providing a testing, validation, evaluation and remediation methodology
         3. (C) An instructional systems development methodology, specified for each AQP curriculum
         4. (D) Curriculum outlines, providing a detailed description and planned duration of the training and evaluation activities scheduled to take place within each curriculum
         5. (E) An implementation and operations plan for each individual curriculum
   1. 3. An implementation phase, where the program implementation process includes qualifying instructors and evaluators, conducting small group try-outs and providing details of a process by which the operator would revert to a traditional training program should it become desirable or necessary
      4. An initial operations phase, where the air operator must collect and analyze performance and proficiency data to assess curriculum effectiveness and validate curriculum changes, and must produce an annual reporting document
      5. A continuing operations phase, where the air operator can adjust curriculum contents and modify training period and evaluation period intervals, based on effective program quality assurance and acceptable collection and analysis of program data and other information sources with respect to flight crew performance and procedures if applicable, and must produce an annual reporting document
   2. The following documentation must be developed and, except for the annual reporting document found in (iii), maintained in a current status throughout the life of the program using an acceptable revision control methodology:

(A) An Application and Administration document, that provides the terms of reference under which the program will operate

(B) An Instructional System Development Methodology document, that identifies the rationale, justification and subsequent documentation to be used throughout the development and maintenance process of all curricula

(C) An Implementation and Operations Plan document, that provides a schedule for Phase III training and evaluation activities, and outlines Phases IV and V strategies for program maintenance, crew pairing policy, First Look Manoeuvre administration, instructor and evaluator requirements, and a data management plan

(ii) Database documents, as follows:

(A) A Job Task Analysis document, that comprises a job task list and the analysis of all job tasks translated into proficiency objectives

(B) A Qualification Standards document, that contains the performance standards required for each proficiency objective for every duty position, a regulatory comparison listing all training, evaluation and qualification requirements under Parts IV, VI and VII and identifying any deviation thereof under AQP, and a testing, validation, evaluation and remediation methodology

(C) A Curriculum Outlines document, that provides detailed description and the planned duration of the training and evaluation activities scheduled to take place within each curriculum

(iii) An annual reporting document submitted to the Minister, highlighting changes within the program based on feedback and analysis of applicable information from the Performance/Proficiency Data Base (PPDB) and other appropriate information sources that relate to flight crew performance and procedures.

1.  General Program Requirements

1. EQUIVALENT LEVEL OF SAFETY –Any deviation from the training, evaluation and qualification requirements of Parts IV, VI and VII of the CARS must provide at least an equivalent level of safety.
2. INTEGRATION OF CREW RESOURCE MANAGEMENT – Training and evaluation of crew resource management concepts and skills must be integrated in all applicable levels of the program.
3. USE OF SIMULATION TOOLS – Advanced flight training equipment, such as but not limited to computer-based training devices, flight training devices, fixed-base simulators and level C or D full flight simulators, must be integrated in all applicable levels of the program.
4. DATA COLLECTION – Acceptable data collection, analysis and reporting processes must be established in order to provide to the Minister, on a regular basis, de-identified performance information about its flight crew members, instructors and evaluators, enabling it to demonstrate that the form and content of training and evaluation activities satisfactorily accomplish the overall objective of any particular curriculum.
5. LICENSING - Successful completion of the applicable manoeuvres validation and a line operational evaluation is confirmation that all requirements for the issuance of a type rating and an instrument rating have been met.
6. CONTINUING QUALIFICATION – An online evaluation of each flight crew member must be conducted within the intervals approved by the Minister.
7. VALIDITY PERIOD, RENEWAL AND EXTENSION – Provided the candidate successfully completes the required training before the first day of the month following the end of the previous training period, the validity period of a line operational evaluation expires on:
   1. the 1st day of the 13th month following the month in which the evaluation is completed; or
   2. the 1st day of the month following the end of the evaluation period where the air operator is approved for an evaluation period greater than 12 months, based on the air operator’s demonstration of an equivalent level of safety and validated by the air operator’s data collection and analysis.

The validity period of an online evaluation expires on:

1. 1. the 1st day of the 13th month following the month in which the evaluation is completed; or
   2. the 1st day of the month following the end of a validity period deemed acceptable by the Minister, provided the online evaluation is carried out in a manner that provides a more effective method to evaluate a flight crew member’s ability to perform his duties effectively as part of a crew.

Where a line operational evaluation, online evaluation or required training is renewed within the last 90 days of its validity period if the operator maintains 6-month training and 12-month evaluation periods or within 60 days of its validity period if the operator maintains training and evaluation periods greater than 6 and 12 months respectively, its validity period is extended by the time interval associated with evaluation periods, online evaluations or training periods, as applicable. 

The validity period of a line operational evaluation, online evaluation or required training may be extended, provided the Minister is of the opinion that aviation safety is not likely to be affected, by up to 60 days if the operator maintains 6-month training and 12-month evaluation periods or by up to 30 days if the operator maintains training and evaluation periods greater than 6 and 12 months respectively.

8. FIRST LOOK MANOEUVRES– De-identified data from flight crew members must be collected within the continuing qualification cycle following the performance of a sample of first look tasks, procedures or manoeuvres in accordance with approved program documentation, as a means of assessing performance and proficiency on designated tasks, procedures or flight manoeuvres before any briefing or training has taken place, in order to determine trends of degraded proficiency, if any, within the fleet’s flight crew member group as a whole.
9. OPERATION OF AIRCRAFT VARIANTS - With respect to the operation of aircraft variants, an operational evaluation acceptable to the Minister and applicable operator differences requirements tables must be used in order to develop training, evaluation and qualification requirements between aircraft variants under AQP.

 (3) Minimum Curriculum Requirements

1. 3. Qualification curriculum

1. 1. 1. 1. Training requirements for flight crew members
            1. Training on all required proficiency objectives based on knowledge requirements, job skills, and qualification standards
            2. Aircraft- and equipment-specific training activities to qualify a person in a newly assigned duty position
            3. Integrated crew resource management ground and if appropriate flight training activities
            4. Approved training on skills and proficiency in the use of crew resource management and technical skills in a simulated scenario conducted in an approved flight training device or full flight simulator, such as but not limited to line-oriented flight training and special purpose operational training
            5. Training not identified in the qualification standards but required as additional training under Parts IV, VI and VII, as applicable
            6. Appropriate training when required, in accordance with operating experience, currency requirements, evaluation and remediation strategies, and provisions for special tracking
            7. Initial operating experience conducted to proficiency during line operations with a qualified training captain

1. 1. 1. 2. Training requirements for instructors

1. 1. 1. 1. 1. Training on all required proficiency objectives based on knowledge requirements, job skills, and qualification standards
            2. Aircraft- and equipment-specific training activities to qualify a person to conduct instruction on how to operate a particular make and model of aircraft
            3. Appropriate training when required, in accordance with operating experience, currency requirements, evaluation and remediation strategies, and provisions for special tracking

1. 1. 1. 3. Training requirements for evaluators

1. 1. 1. 1. 1. Training on all required proficiency objectives based on knowledge requirements, job skills, and qualification standards
            2. Aircraft- and equipment-specific training activities to qualify a person to conduct instruction on how to operate a particular make and model of aircraft
            3. Aircraft- and equipment-specific training activities to qualify a person to assess the performance of persons who operate a particular make and model of aircraft
            4. Appropriate training when required, in accordance with operating experience, currency requirements, evaluation and remediation strategies, and provisions for special tracking

1. 1. 1. 4. Evaluation requirements for flight crew members

1. 1. 1. 1. 1. Aircraft- and equipment-specific validation activities to qualify a person in a newly assigned duty position, such as but not limited to a systems knowledge validation, a procedures validation and a manoeuvres proficiency validation
            2. Line operational evaluation
            3. Online evaluation

1. 1. 1. 5. Evaluation requirements for instructors

1. 1. 1. 1. 1. Evaluation activities to qualify a person to conduct instruction on how to operate a particular make and model of aircraft
            2. Line operational evaluation if the instructor is not a line-qualified flight crew member

1. 1. 1. 6. Evaluation requirements for evaluators

1. 1. 1. 1. 1. Evaluation activities to qualify a person to conduct instruction on how to operate a particular make and model of aircraft
            2. Aircraft- and equipment-specific evaluation activities to qualify a person to assess the performance of persons who operate a particular make and model of aircraft
            3. Line operational evaluation if the evaluator is not a line-qualified flight crew member

1. 2. Continuing qualification curriculum, based on a continuing qualification cycle comprised of two or more evaluation periods of equal duration and during which each person qualified under an AQP must receive a mix of training and evaluation activities on all events and subjects necessary to maintain the proficiency level required for initial qualification

1. 1. 1. 1. Training requirements for flight crew members

1. 1. 1. 1. 1. Recurrent ground training to enhance, upgrade and maintain each flight crew member’s knowledge and skills required for the satisfactory performance of his duties
            2. Training to proficiency in an aircraft, flight training device or flight simulator on normal, abnormal and emergency flight procedures and manoeuvres, such as but not limited to manoeuvres training and line oriented flight training
            3. Training not identified in the qualification standards but required as additional training under Parts IV, VI and VII, as applicable
            4. Appropriate training when required, in accordance with operating experience, currency requirements, evaluation and remediation strategies, and provisions for special tracking

1. 1. 1. 2. Training requirements for instructors

1. 1. 1. 1. 1. Recurrent ground and, if applicable, flight training to enhance, upgrade and maintain each instructor’s knowledge, skills and abilities required for the satisfactory performance of his duties
            2. Appropriate training when required, in accordance with operating experience, currency requirements, evaluation and remediation strategies, and provisions for special tracking

1. 1. 1. 3. Training requirements for evaluators

1. 1. 1. 1. 1. Recurrent ground and, if applicable, flight training to enhance, upgrade and maintain each evaluator’s knowledge, skills and abilities required for the satisfactory performance of his duties
            2. Appropriate training when required, in accordance with operating experience, currency requirements, evaluation and remediation strategies, and provisions for special tracking

1. 1. 1. 4. Evaluation requirements for flight crew members

1. 1. 1. 1. 1. Evaluation of proficiency, such as but not limited to a manoeuvres and training validation, and a line operational evaluation, portions of which may be conducted in an aircraft, flight simulator or approved flight training device

1. 1. 1. 5. Evaluation requirements for instructors

1. 1. 1. 1. 1. Line operational evaluation if the instructor is not a line-qualified flight crew member

1. 1. 1. 6. Evaluation requirements for evaluators

1. 1. 1. 1. 1. Line operational evaluation if the evaluator is not a line-qualified flight crew member

The following definitions shall apply:

“Advanced Qualification Program” means a voluntary program and alternative method of training, evaluating and qualifying flight crew members, instructors and evaluators, that uses a systematic methodology for developing proficiency-based training and evaluation programs in lieu of traditional training programs.

“Continuing Qualification Cycle”, with respect to an Advanced Qualification Program, means the time period during which training and evaluation on all proficiency objectives have been accomplished by all flight crew members, instructors or evaluators as applicable.

“Curriculum” means a portion of an Advanced Qualification Program that covers one of two program areas:  Qualification or Continuing Qualification.  The Qualification and Continuing Qualification programs address the required training, evaluation and qualification activities for each aircraft (or variant) and for a specific duty position. Qualification and Continuing Qualification program areas may include but are not limited to upgrade, transition, differences and re-qualification curricula.

“Evaluation period”, with respect to an Advanced Qualification Program, means a period within the Continuing Qualification Cycle in which each person must receive training and an evaluation on all critical proficiency objectives, during a minimum of one training session and a Manoeuvre Training and Validation/Line Operational Evaluation (MTV/LOE).

“Evaluator”, with respect to an Advanced Qualification Program, means a person delegated by the Minister who has satisfactorily met approved AQP evaluator training and evaluation requirements that qualify that person to evaluate the performance of flight crew members, instructors, or other evaluators.

“Instructor”, with respect to an Advanced Qualification Program, means a person who has satisfactorily met approved AQP instructor training and evaluation requirements that qualify that person to conduct instruction to flight crew members, instructors or evaluators.

“Line Operational Evaluation”, with respect to an Advanced Qualification Program, means a proficiency evaluation conducted by a qualified evaluator in an approved simulation device that addresses an individual’s ability to demonstrate technical and Crew Resource Management (CRM) skills appropriate to job requirements in a full mission scenario environment.

“Online Evaluation”, with respect to an Advanced Qualification Program, means an evaluation conducted by a qualified evaluator during normal flight operations that assesses the candidate’s proficiency with respect to the particular aircraft, crew position and type of operations, and his or her skill and ability to operate effectively as part of a crew.

“Performance/Proficiency Data Base”, with respect to an Advanced Qualification Program, means a database that collects results of performance and proficiency evaluations, and is used to assess the effectiveness of training programs.

“Proficiency Objective”, with respect to an Advanced Qualification Program, means a statement describing precisely what behaviour must be exhibited by the candidate, the conditions under which the behaviour will be demonstrated, and the minimum standard of acceptable behaviour.  A learning objective (usually an enabling objective) can be demonstrated in a classroom or academic type setting, while a performance objective (usually a terminal or supporting proficiency objective), must be demonstrated in an environment equivalent to the operational environment.
 
“Training Period”, with respect to an Advanced Qualification Program, means at least one period scheduled at the mid-point of each Evaluation Period where training activities are provided for each person under AQP. 

“Validation”, with respect to an Advanced Qualification Program, means a determination that required results with regards to learning and performance objectives were produced.

“Variant”, with respect to an Advanced Qualification Program, means an aeroplane or a group of aeroplanes sharing similar characteristics but having pertinent differences from a base aeroplane. Pertinent differences are those that require different or additional flight crew member knowledge, skills and/or abilities that affect flight safety.

Date de modification :

2007-03-2