Exemption from subparagraph 704.108(1)(b)(i), paragraph 704.108(1)(c) and clause 704.115(2)(a)(v)(A) of the Canadian Aviation Regulations and paragraphs 724.108(2)(a) and (b) of the Commercial Air Service Standards

NCR-023-2019

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 or security, I hereby exempt Canadian air operators and their respective flight crew members from the requirements of subparagraph 704.108(1)(b)(i), paragraph 704.108(1)(c) and clause 704.115(2)(a)(v)(A) of the Canadian Aviation Regulations (CARs), and from paragraphs 724.108(2)(a) and (b) of the Commercial Air Service Standards (CASS) made pursuant to subsection 704.108(2) of the CARs, subject to the conditions set out below.

The requirements of subparagraph 704.108(1)(b)(i), paragraph 704.108(l)(c), 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 proposed exemption permits Canadian air operators who operate both the British Aerospace Jetstream 3100 and Jetstream 3200 aircraft types to treat them as a single type for the purpose of initial and recurrent training, with initial and recurrent pilot proficiency checks (PPCs) required on only one of the types, and initial and recurrent transition ground training on the other type.

Application

This exemption applies to Subpart 704 Canadian air operators who operate both the Jetstream models 3100 and 3200 aircraft, and have been authorized to group them as one type for the purposes of renewal of the Pilot Proficiency Check (PPC), as per subsections 704.108(2) of the CARs and 724.108(2) of the CASS and under the authority of Operations Specification (Ops Spec) 704-032-Operation Specification-Aeroplane Grouping for PPC purposes.

Conditions

This exemption is subject to the following conditions:

1. The Canadian air operator shall have obtained Ops Spec 704-032 authorizing the grouping of Jetstream 3100 and Jetstream 3200 aircraft types for the purposes of PPC as per paragraph 704.108(2)(a) of the CARs;
2. The Canadian air operator shall implement an established and approved initial ground and flight training program for either the Jetstream 3100 or Jetstream 3200 with transition ground training for the other type, in accordance with section 704.115 of the CARs;
3. In order to obtain a Type Rating for both aircraft types, the flight crew member shall successfully complete the following:
   • a) Initial Training in accordance with section 724.115 of the CASS on one of the aircraft type;
   • b) An Initial PPC in accordance with Standard 724.108, Schedule I or Schedule II on the aircraft type on which the initial training was imparted; and
   • c) The approved Initial Transition ground training of the air operator for the second aircraft type.
4. In order to maintain the validity of the PPC for both aircraft types, the flight crew member shall successfully complete the following:
   • a) Annual Recurrent Training in accordance with section 724.115 of the CASS on one of the two aircraft types;
   • b) Approved Recurrent Transition Ground Training for the second aircraft type;
   • c) A Recurrent PPC on the aeroplane type or the approved flight simulator for the type for which recurrent training had been received; and
   • d) The aircraft type shall be rotated each year in accordance with paragraph 724.108(2)(c) of the CASS.

Validity

This exemption is in effect from October 2, 2019 until the earliest of:

• a) October 1, 2024, 23:59 (EDT);
• b) The date on which any of the conditions set out in this exemption is breached; or
• c) 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 or security.

Dated at Ottawa, Ontario, Canada this 30th day of September, 2019, on behalf of the Minister of Transport.

“Original signed by”

Nick Robinson
Director General
Civil Aviation
Transport Canada

Appendix A

Relevant excerpts of the Canadian Aviation Regulations and Commercial 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

• (a) [...]
• (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
• (d) [...]

704.108 (2) An air operator may group similar aircraft as a single type for the purposes of the pilot proficiency check referred to in paragraph (1)(c) if the air operator

• (a) is authorized to do so in its air operator certificate; and
• (b) complies with the Commercial Air Service Standards.

[...]

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:
  • (i) to (iv) [...]
  • (v) initial and annual training, including
    • (A) aircraft type training,

[...]

Commercial Air Service Standards

Flight Crew Member Qualifications

724.108 (1) – Pilot Proficiency Check

[...]

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.

• (a) 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)
• (b) 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;
• (c) 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;

[...]