Exemption from subsection 401.05(3) of the Canadian Aviation Regulations

From: Transport Canada

NCR-052-2020

Pursuant to subsection 5.9(2) of the Aeronautics Act, and after having taken into account that this exemption is in the public interest and is not likely to adversely affect aviation safety or security, I hereby exempt all holders of pilot licences endorsed with an Instrument Rating validated by an initial flight test or by an Instrument Proficiency Check, from the requirements of subsection 401.05(3) of the Canadian Aviation Regulations (CARs), subject to the conditions set out below.

Subsection 401.05(3) of the CARs states in part that no holder of a Canadian pilot licence endorsed with an instrument rating or to which is attached instrument rating privileges shall exercise the privileges of the instrument rating unless the holder has successfully completed, within the 24 months preceding the flight, an instrument rating flight test in an aircraft or in a Level B, C or D simulator of the same group as the aircraft, a Canadian Forces instrument rating flight test or an instrument proficiency check that complies with the applicable requirements of subsection 421.05(1) of Standard 421 – Flight Crew Permits, Licences and Ratings.

The above mentioned provisions are reproduced in Appendix A.

Purpose

The purpose of this exemption is to adopt temporary measures in the public interest to reduce the potential of person to person transmission in Canada following the declaration of a pandemic outbreak of novel coronavirus (COVID-19) by the World Health Organization (WHO) on March 11, 2020.

The purpose of this exemption is to exempt all holders of pilot licences endorsed with an Instrument Rating validated by an initial flight test or by an Instrument Proficiency Check from the 24 month validity limitation of subsection 401.05(3) of the CARs and provide an extended period of validity for an additional 90 consecutive days.

Application

This exemption applies to all holders of pilot licences endorsed with an Instrument Rating validated by an initial flight test or by an Instrument Proficiency Check.

This exemption ceases to apply to any holder of a pilot licence endorsed with an Instrument Rating that does not respect the conditions of this exemption.

Conditions

This exemption is subject to the following conditions:

1. The 90 consecutive day extension shall only be applied to holders of a pilot licence endorsed with an Instrument Rating that was still valid on March 12, 2020;

2. The 90-day extension shall be added to the existing valid-to-date (original date) and shall expire at 23:59 (EDT) on the first day of the month that immediately follows the 90-day extension;

3. In the case of pilots employed by Air Operators (VFR Only), this exemption shall only be used by an air operator that has no means to complete annual training and checking on any company pilot or person with on-board duties and there is an operational necessity to extend the valid-to date;

4. Persons exercising the privileges of an IFR rating specified in an Aviation Document Booklet pursuant to the terms and conditions of this exemption shall comply with the CARs in all respects, and the CARs shall continue to apply in all respects other than the specific exemption set out herein, or any other applicable exemption issued by the Minister of Transport.

Validity

This exemption is in effect until the earliest of the following:

  • (a) November 13, 2020 at 23:59 (EDT); or
  • (b) The date on which any condition set out in this exemption is breached; or
  • (c) The date on which the exemption is cancelled in writing by the Minister where he is of the opinion that it is no longer in the public interest or is likely to adversely affect aviation safety or security.

DATED at Ottawa, Ontario, this 30th day of April 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

Recency Requirements

401.05 (1) Notwithstanding any other provision of this Subpart, no holder of a flight crew permit, licence or rating, other than the holder of a flight engineer licence, shall exercise the privileges of the permit, licence or rating unless

  • (a) the holder has acted as pilot-in-command or co-pilot of an aircraft within the five years preceding the flight; or
  • (b) within the 12 months preceding the flight
    • (i) the holder has completed a flight review, in accordance with the personnel licensing standards, conducted by the holder of a flight instructor rating for the same category of aircraft,
    • (ii) the flight instructor who conducted the flight review has certified in the holder’s personal log that the holder meets the skill requirements for the issuance of the permit or licence set out in the personnel licensing standards, and
    • (iii) the holder has successfully completed the appropriate examination specified in the personnel licensing standards.
  • (2) Notwithstanding any other provision of this Subpart, no holder of a flight crew permit or licence, other than the holder of a flight engineer licence, shall exercise the privileges of the permit or licence in an aircraft unless the holder
    • (a) has successfully completed a recurrent training program in accordance with the personnel licensing standards within the 24 months preceding the flight; and
    • (b) where a passenger other than a flight test examiner designated by the Minister is carried on board the aircraft, has completed, within the six months preceding the flight,
      • (i) in the case of an aircraft other than a glider or a balloon, in the same category and class of aircraft as the aircraft, or in a Level B, C or D simulator of the same category and class as the aircraft, at least
        • (A) five night or day take-offs and five night or day landings, if the flight is conducted wholly by day, or
        • (B) five night take-offs and five night landings, if the flight is conducted wholly or partly by night,
      • (ii) in the case of a glider, at least
        • (A) five take-offs and five landings in a glider, or
        • (B) two take-offs and two landings in a glider with the holder of a flight instructor rating — glider and obtained a certification of competence to carry passengers on board a glider from that holder in accordance with the personnel licensing standards, and
      • (iii) in the case of a balloon, at least
        • (A) five landings in a balloon by day and five take-offs in a balloon by day or night, if the flight is conducted by day, or
        • (B) five landings in a balloon by day and five take-offs in a balloon by night, if the flight is conducted partly by night.
  • (3) No holder of a Canadian pilot licence endorsed with an instrument rating or to which is attached instrument rating privileges shall exercise the privileges of the instrument rating unless the holder has successfully completed, within the 24 months preceding the flight, one of the following:
    • (a) an instrument rating flight test in an aircraft or in a Level B, C or D simulator of the same group as the aircraft;
    • (b) a Canadian Forces instrument rating flight test;
    • (c) an instrument proficiency check that complies with the applicable requirements of subsection 421.05(1) of Standard 421 – Flight Crew Permits, Licences and Ratings and that
      • (i) consisted of tasks representative of those required by sections 1 to 4 of section 5 of Schedule 8 of Standard 428 – Conduct of Flight Tests,
      • (ii) was conducted in
        • (A) an aircraft of the same group as set out in subsection 421.46(1) of Standard 421 that met the requirements of section 605.18, or
        • (B) a flight simulation training device that was approved for instrument rating flight tests and configured for aircraft of the same group as set out in subsection 421.46(1) of Standard 421, and
      • (iii) was conducted by any of the following persons who hold a valid instrument rating for aircraft of the same group as set out in subsection 421.46(1) of Standard 421:
        • (A) a pilot examiner authorized by the Minister to conduct instrument rating flight tests,
        • (B) an approved check pilot authorized by the Minister to conduct an instrument proficiency check for the specific type of aircraft on which the instrument proficiency check was conducted,
        • (C) a person who holds an authorization, issued by a contracting state having a reciprocal licensing agreement with Canada, that is equivalent to the authorization referred to in clause (A) or (B), or
        • (D) a Canadian Forces instrument check pilot, if the holder of a Canadian pilot licence being tested is a member of the Canadian Forces; or
    • (d) one of the following competency checks or pilot proficiency checks for which the validity period has not expired and that includes a portion on instrument procedures:
      • (i) a competency check conducted in accordance with the Flight Test Guide — Competency Check (Private Operators), published by the Minister, in the case of aircraft operated under Subpart 4 of Part VI,
      • (ii) a line operational evaluation from an approved advanced qualification program conducted by a Canadian Advanced Qualification Program Evaluator,
      • (iii) a foreign pilot proficiency or competency check that is approved by a contracting state and conducted by a foreign check pilot who is authorized to conduct instrument proficiency checks for commercial and private air operators of that state, if the holder is working for hire or reward for a foreign commercial or private air operator, or
      • (iv) a competency check or pilot proficiency check conducted in compliance with one of the following schedules to the Commercial Air Services Standards:
        • (A) Schedule I to section 722.65 of Standard 722 — Aerial Work, in the case of aeroplanes operated under Subpart 2 of Part VII,
        • (B) Schedule II to section 722.65 of Standard 722 — Aerial Work, in the case of helicopters operated under Subpart 2 of Part VII,
        • (C) Schedule I to section 723.88 of Standard 723 — Air Taxi — Aeroplanes, in the case of aeroplanes operated under Subpart 3 of Part VII,
        • (D) the schedule to section 723.88 of Standard 723 — Air Taxi — Helicopters, in the case of helicopters operated under Subpart 3 of Part VII,
        • (E) Schedule I or II to section 724.108 of Standard 724 — Commuter Operations — Aeroplanes, in the case of aeroplanes operated under Subpart 4 of Part VII,
        • (F) the schedule to section 724.108 of Standard 724 — Commuter Operations — Helicopters, in the case of helicopters operated under Subpart 4 of Part VII, or
        • (G) Schedule I, II or III to section 725.106 of Standard 725 — Airline Operations — Aeroplanes, in the case of aeroplanes operated under Subpart 5 of Part VII.

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