EXEMPTION FROM SUBPARAGRAPH 703.88(1)(c)(ii) OF THE CANADIAN AVIATION REGULATIONS

From: Transport Canada

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 and pilots-in-command of single-engined helicopters operating in Visual Flight Rules (VFR) conditions from the requirement of subparagraph 703.88(1)(c)(ii) of the Canadian Aviation Regulations (CARs), subject to the following conditions.

Subparagraph 703.88(1)(c)(ii) of the CARs states as follows:

703.88(1) Subject to subsections (6) and (7), 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

  1. …
  2. …
  3. Has successfully completed a Pilot Proficiency Check (PPC) or competency check for that type of aircraft, the validity period of which has not expired, in accordance with the Commercial Air Service Standards (CASS) as follows:
    1. …
    2. In the case of the pilot-in-command of a single-engined helicopter, a pilot proficiency check on one of the types of single-engined helicopters operated by the air operator,
    3. …
    4. …

PURPOSE

The purpose of this exemption is to authorize a Pilot-In-Command (PIC) of a single-engined helicopter, operating under VFR, to act as a flight crew member without completing a PPC for one of the single-engined helicopters operated by the air operator, while conforming to the conditions of this exemption.

APPLICATION

This exemption applies to an air operator who wishes to permit a PIC to act as a flight crew member on a VFR flight and a PIC who wishes to act as a flight crew member on a VFR flight without completing a PPC for one of the single-engined helicopters operated by the air operator when carrying 9 or less persons not including flight crew members.

CONDITIONS

This exemption is subject to the following condition:

  1. The Pilot-In-Command (PIC) shall:
    1. Complete annual recurrent training to proficiency while completing the approved company training program on each type to be flown;
    2. Complete a Pilot Competency Check (PCC) flight that consists of all applicable VFR PPC items for single-engine helicopters contained in the “723 Schedule Pilot Proficiency Check – Helicopters”, annually.   This flight shall be conducted by the Chief Pilot or a designate on one of the types to be flown annually; and
  2. The Chief Pilot and designates, that conduct PCCs shall:
    1. Endorse annually the competency of all company PICs for one of the types to be flown;
    2. Complete the ”Self Study Course for VFR Rotorcraft Competency Program” initially and every 5 years thereafter;
    3. Complete an annual PPC conducted by Transport Canada or an Approved Check Pilot (ACP) for one of the types operated by the air operator; and
  3. The air operator shall:
    1. Establish a system to maintain training files including notations on pilot performance during training and PCCs.  The system shall among other things indicate remedial training completed to address weaknesses found in a pilot’s performance; and
    2. Establish, through a systems approach including risk assessment, minimum qualifications, including, flight time (no less than 500 hours PIC helicopters) and operational experience, for training pilots in their Company Operations Manual.

VALIDITY

This exemption is in effect until the earliest of:

  1. The date on which amendments to the appropriate provisions of the CARsand related standards come into effect;
  2. The date on which any condition 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 it is no longer in the public interest or that it is likely to affect aviation safety.

EXEMPTION CANCELLATION

The exemption from subparagraph 703.88(1)(c)(ii) of the CARs, issued to Canadian air operators and pilots-in-command of single-engined helicopters operating in VFR conditions on the 9th of January, 2006, at Ottawa, by the Director General Civil Aviation, is hereby cancelled because it is the opinion of the Minister that it is no longer in the public interest or is likely to affect aviation safety.

Dated at Ottawa (Ontario), Canada, this 16th day of March, 2006, on behalf of the Minister of Transport.

Original signed by

Merlin Preuss
Director General
Civil Aviation

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