EXEMPTION FROM SUBPARAGRAPHS 705.106(1)(b)(i) and (ii), and PARAGRAPHS 705.106(1)(c) and 705.106(1)(d), SUBSECTION 705.113(1), PARAGRAPH 705.113(2)(a) OF THE CANADIAN AVIATION REGULATIONS and PARAGRAPHS 725.106(2)(a to i), SUBSECTION 725.106(3) and...

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 Air Canada, PO Box 14000, Station Airport, Dorval, Quebec, H4Y 1H4 and their Airbus A330 and A340 qualified pilots-in-command, seconds-in-command and cruise relief pilots operating both aircraft types under a Mixed Fleet Flying (MFF) program, as set out in the air operator’s company operations manual, from the requirements of subparagraphs 705.106(1)(b)(i) and (ii), paragraphs 705.106(1)(c) and 705.106(1)(d), subsection 705.113(1) and paragraph 705.113(2)(a) of the Canadian Aviation Regulations (CARs) and paragraphs 725.106(2)(a to i), subsections 725.106(3) and (4) of the Commercial Air Service Standards made pursuant to paragraphs 705.106(1)(c) and (d) of the CARs subject to the following conditions.

The details of the above provisions are attached at Appendix A.

PURPOSE

The purpose of this exemption is to allow Air Canada and their A330 and A340 qualified pilots operating both aircraft types under a MFF program to maintain their currency qualifications, on both the Airbus A330 and the Airbus A340 aircraft types by considering take-offs, landings and sectors on one type to provide the same currency qualifications on the other type.  This exemption also will allow Air Canada and their A330 and A340 qualified pilots to complete a pilot proficiency check (PPC) and line check on either the Airbus A330 or Airbus A340 aircraft type and be deemed to have met the PPC requirements and line check requirements for the other aircraft type, in accordance with the CASS.

For the purpose of this exemption, “Mixed Fleet Flying” is operation of a base aircraft and one or more variants of the same type, common type, related type or a different type by one or more flight crewmembers, between training or checking events.

APPLICATION

This exemption applies to Air Canada operating pursuant to subpart 705 of the CARs and their qualified pilots‑in‑command, seconds-in-command, and cruise relief pilots operating Airbus A330 and Airbus A340 aircraft under a MFF program over similar intercontinental and transoceanic sectors.

CONDITIONS

This exemption is subject to the following conditions:

  1. Air Canada shall not permit a person to act, and no person shall act as a pilot‑in‑command, second-in-command, or cruise relief pilot of an Airbus A330 or Airbus A340, unless the person:
    1. within the previous 90 days;
      1. has completed at least three take-offs and three landings as the pilot at the controls and one sector assigned to duty as a flight crew member in either an Airbus A330 or an Airbus A340 aircraft, or a combination thereof, or
        has completed five sectors assigned to duty as a flight crew member in either an Airbus A330 or an Airbus A340 aircraft, or a combination thereof, and
    2. has successfully completed or is undergoing a line check or line indoctrination training, the validity period of which has not expired, for the Airbus A330 or the Airbus A340 aircraft, in accordance with the Commercial Air Service Standards (CASS).
  2. Pilots‑in‑command, seconds-in-command, and cruise relief pilots also shall complete a PPC in accordance with subsection 725.106 (2) Schedule I or III of the CASS, as applicable, every six months, and the PPC shall alternate between the A330 and the A340 during successive six-month periods.
  3. When a PPC is conducted on one type of aircraft as specified in condition 2 above, the PPC requirements for the other type of aircraft shall be deemed to have been met.
  4. When a line check is conducted on one type of aircraft, the line check requirements for the other type of aircraft shall be deemed to have been met.
  5. The line check for each flight crew member referred to in (2) shall be conducted over a “typical part of the air operator's route” and,
    1. for cruise relief pilots, it shall be completed in either the Airbus A330 or the Airbus A340;
    2. for pilot-in-command or second-in-command that have flown at least one sector in both the Airbus A330 and the Airbus A340 within the ninety days prior to the line check, it shall be completed in either the Airbus A330 or the Airbus A340;
    3. for pilot-in-command or second-in-command that have not flown at least one sector in both the Airbus A330 and the Airbus A340 within the ninety days prior to the line check, it shall be completed in the aircraft type that was not flown during the 90 day period prior to the line check.
  6. The affected pilot-in-command, second-in-command, or cruise relief pilot shall operate the Airbus A330 and Airbus A340 aircraft types under a MFF program, as described in the company operations manual, and in accordance with the terms and conditions established in this exemption, over similar sectors.
  7. Air Canada shall verify periodically that the ratio of overseas line checks to domestic line checks is approximately proportional to the ratio of overseas/domestic flights in the schedule.
  8. Air Canada shall implement a requirement for pilot self-review of A330 / A340 differences prior to operating a flight in a type where the pilot has not operated a sector or received training on that type within the 90 days prior to the flight.
  9. Candidates’ knowledge of ETOPS procedures, rules and requirements, and their practical application shall be verified during line checks on all pilots in the MFF program, irrespective of the aircraft type on which the line check is completed or the geographical area over which the line check is flown.
  10. The verification of ETOPS knowledge shall be conducted in the form of a discussion by the check pilot using a questionnaire that is acceptable to Transport Canada, to help identify and correct any deficiencies in candidates’ ETOPS knowledge.

VALIDITY

This exemption comes into effect on July 1, 2006 at 23:59 EDT and is in effect until the earliest of the following:

  1. October 1st, 2006 at 23:59 EDT;
  2. the date on which any condition set out in this exemption is breached;
  3. the date on which an amendment to the appropriate provisions of the Canadian Aviation Regulations or related standards comes into effect; or
  4. 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 that it is likely to affect aviation safety.

Dated at Ottawa, Ontario, Canada this 23rd day of June 2006, on behalf of the Minister of Transport.

OSB – Merlin Preuss

Merlin Preuss
Director General
Civil Aviation

Appendix A

705.106 (1) Subject to subsection (3), 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. (…)
  2. within the previous 90 days,
    1. has completed at least three take-offs and three landings as the pilot at the controls and one sector assigned to duty as a flight crew member in an aircraft of that type,
    2. has completed five sectors assigned to duty as a flight crew member in an aircraft of that type, or
    3. (…)
  3. 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;
  4. 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 Service Standards; and

705.113 (1) Subject to subsections (4) and (5), the validity period of a line check and of the training referred to in Section 705.124 expires on the first day of the thirteenth month following the month in which the check or training was completed.

(2) Subject to subsections (4) and (5), the validity period of a pilot proficiency check expires

  1. on the first day of the seventh month following the month in which the check was completed;
  2. (…)

Pilot Qualifications

725.106(2) Pilot Proficiency Check (refers to paragraph 705.106(1)(c) Canadian Aviation Regulations)

  1. The pilot proficiency check (PPC) shall be conducted in accordance with Schedule I, Schedule II or Schedule III of this Section.
  2. All of the manoeuvres required to satisfy renewal of an Instrument Rating shall be part of the pilot proficiency check.
  3. A pilot proficiency check shall be conducted in a manner that enables the pilot to demonstrate the knowledge and the skill respecting:
    1. the air operator's aeroplane, its systems and components;
    2. proper control of airspeed, direction, altitude, attitude and configuration of the aeroplane, in accordance with normal, abnormal and emergency procedures and limitations set out in the aeroplane flight manual, aeroplane operating manual, (if applicable), the air operator's standard operating procedures, the check list, and any other information relating to the operation of the aeroplane type;
    3. departure, enroute and arrival instrument procedures and other applicable procedures; and
    4. adherence to approved procedures.
  4. Initial and recurrent Pilot Proficiency Checks shall be conducted on a combination of a Flight Training Device certified to Level 4 or higher and a Full Flight Simulator or a combination of a Flight Training Device certified to Level 6 or higher and the aeroplane, if a simulator is available in North America.
  5. For turbo-jet aeroplanes of 50 or more seats initial and recurrent Pilot Proficiency Checks shall be conducted on a Full Flight Simulator or a combination of a Full Flight Simulator and a flight training device certified to Level 4 or higher. Location of the synthetic training device will not be considered in applying this standard.
  6. The synthetic training device level of checking shall be part of the training program approval for each aeroplane type. Checking procedures not approved for the synthetic training device shall be completed in the aeroplane. The configuration of the flight training device shall closely resemble that of the aeroplane used by the air operator.
  7. A proficiency check of a pilot-in-command shall be completed in the seat normally occupied by the pilot-in-command and a check of a second-in-command shall be completed in the seat normally occupied by the second-in-command. The pilot proficiency check shall consist of a demonstration of both pilot flying (PF) duties and pilot not flying (PNF) duties.
  8. The PPC shall not be conducted as an isolated group of emergency procedures and drills. It shall be constructed with minimum disruption in a logical continuous flow reflecting a normal flight profile. Normally the pilot proficiency check is a pre-programmed activity; however, the person conducting the check may require any manoeuvre or procedure from the appropriate Schedule, necessary to determine the proficiency of the crew and to confirm that the crew can operate the aeroplane safely.
    1. Where a pilot successfully completes the pilot proficiency check, the pilot is considered as having successfully completed the flight check requirements for the renewal of the applicable instrument rating.
    2. (…)

(3) Line Checks (refers to paragraph 705.106(1)(d) of the Canadian Aviation Regulations)

  1. Pilot Line Check

    The pilot line check shall consist of at least the following conducted over a typical part of the air operator's route and shall not be less than one sector:

  1. Flight Preparation
    1. weather briefing;
    2. dispatch procedures;
    3. flight planning;
    4. weight and balance, and load control;
    5. aeroplane servicing and ramp safety;
    6. crew briefing; and
    7. pre-flight checks;
  2. Operation of the Flight
    1. pre-start safety;
    2. starting engines;
    3. after start checks;
    4. radio procedures and ATC clearance;
    5. pre-take-off checks and cabin security;
    6. taxiing and take-off;
    7. departure procedures;
    8. climb procedures;
    9. enroute procedures;
    10. descent procedures;
    11. approach procedures;
    12. shutdown;
    13. flight logs and records; and
    14. defect recording and clearing.
  1. Cruise Relief Pilot Line Check
    1. Flight Preparation
      1. weather briefing;
      2. dispatch procedures;
      3. flight planning;
      4. weight and balance; and
      5. crew briefing.
    2. Operation of the Flight
      1. enroute climb procedures;
      2. enroute procedures;
      3. enroute descent procedures;
      4. flight logs and records; and
      5. defect recording and clearing.

(4) Line Indoctrination Training (refers to paragraph 705.106(1)(d) of the Canadian Aviation Regulations)
The standard for Line indoctrination training is in subsection 725.124(32) of the Commercial Air Services Standard.

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