EXEMPTION FROM SUBSECTION 402.01(2) OF THE CANADIAN AVIATION REGULATIONS AND PARAGRAPH 422.03 GENERAL (1)(b) AND SUBPARAGRAPHS RATINGS (1)(b)(i), (2)(b)(i), (3)(b)(i) AND (4)(b)(i)

From: Transport Canada

EXEMPTION FROM SUBSECTION 402.01(2) OF THE CANADIAN AVIATION REGULATIONS AND PARAGRAPH 422.03 GENERAL (1)(b) AND SUBPARAGRAPHS RATINGS (1)(b)(i), (2)(b)(i), (3)(b)(i) AND (4)(b)(i) OF SUBPART 422 – PERSONNEL LICENCING AND TRAINING STANDARDS RESPECTING AIR TRAFFIC CONTROLLER LICENCES AND RATINGS

Pursuant to subsection 5.9(2) of the Aeronautics Act, and after having taken into account that the exemption is  in the public interest and is not likely to affect aviation safety, I hereby exempt all applicants for air traffic controller licences and ratings from the requirements of the Personnel Licencing And Training Standards Respecting Air Traffic Controller Licences And Ratings paragraph 422.03 General (1)(b) and subparagraphs Ratings (1)(b)(i), (2)(b)(i), (3)(b)(i) and (4)(b)(i) made pursuant to subsection 402.01(2) of the Canadian Aviation Regulations (CARs), subject to the following conditions.

The text of the above mentioned provisions are attached at  Appendix 1 to this exemption.

Purpose

This exemption permits all applicants for air traffic controller licences and ratings to:

  1. obtain an air traffic controller (ATC) licence without completing the tests and examinations of ATC training courses during the 12 month period immediately preceding the date of issue of a licence; or
  2.  receive an endorsement of an Airport Control Rating, a Terminal Control Rating, an Area Control Rating or an Oceanic Control Rating having successfully completed ATC training courses administered by an institution that is recognized by the Minister of Transport, Infrastructure and Communities as being qualified to administer such training without the limitation of completing this training within 12 months of receiving the endorsement.

APPLICATION

This exemption applies to all applicants for air traffic controller licences and ratings if obtaining licences with endorsements or endorsements for Airport Control Rating, Terminal Control Rating, Area Control Rating or Oceanic Control Rating.

CONDITIONS

The exemption is subject to the following conditions:

  1. All applicants for air traffic controller licences and ratings shall:
    1. complete all tests and examinations prior to the issuance of a licence;
    2. achieve and maintain knowledge and skill in the unit qualification training program after successful completion of the ATC training courses;
    3. demonstrate maintenance of knowledge and skill in the unit qualification training program; and
    4. ensure that there is no continuous break in the unit qualification training program of more than 3 months.

VALIDITY 

The exemption will be effective July 1, 2008 at 00:00 EST and shall be in effect until the earliest of the following:

  1.  October 31, 2009 at 23:59 EST;
  2. The date on which the amendment to the appropriate provisions of the Canadian Aviation Regulations or related standards come into effect;
  3. The date on which any of the conditions set out in this exemption is breached; or
  4. The date on which this exemption is cancelled, in writing, by the Minister of Transport, Infrastructure and Communities 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 21st day of May, 2008, on behalf of the Minister of Transport, Infrastructure and Communities.

Original signed by

D. B. Sherritt
Director
Standards
Civil Aviation
Transport Canada

APPENDIX 1

402.01 (2) Any reference in this Subpart to the personnel licensing standards is a reference to the Personnel Licensing and Training Standards Respecting Air Traffic Controller Licences and Ratings.

422.03 Issue and Endorsement of Air Traffic Controller Licences and Ratings

General

(1) An applicant shall, during the twelve month period immediately preceding the date of issue of a licence:

[…]

 (b) complete all tests and examinations for issuance of a licence.

[…]

Ratings

An applicant shall demonstrate the level of knowledge, judgement, experience and skill for the endorsement of the Rating applied for as follows:

(1) Airport Control Rating

[…]

b) Experience

During the twelve months preceding the endorsement of an Airport Control Rating, the applicant shall have:

(i) successfully completed Air Traffic Control training courses administered by an institution that is recognized by the Minister as being qualified to administer such training pursuant to the appropriate training document; and

[…]

(2) Terminal Control Rating

[…]

b) Experience

During the twelve months preceding the endorsement of a Terminal Control Rating, the applicant shall have:

(i) successfully completed ATC training courses administered by an institution that is recognized by the Minister as being qualified to administer such training; and

[…]

(3) Area Control Rating

[…]

(b) Experience

During the twelve months preceding the endorsement of an Area Control Rating, the applicant shall have:

(i) successfully completed ATC training courses administered by an institution that is recognized by the Minister as being qualified to administer such training; and

[…]

(4) Oceanic Control Rating

[…]

(b) Experience

During the twelve months preceding the endorsement of an Oceanic Control Rating, the applicant shall have:

(i) successfully completed ATC training courses administered by an institution that is recognized by the Minister as being qualified to administer such training;

[…]

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