EXEMPTION FROM SUBSECTION 421.49(1) OF THE FLIGHT CREW PERMITS, LICENCES AND RATINGS STANDARDS MADE PURSUANT TO SECTION 401.49 OF THE CANADIAN AVIATION REGULATIONS

Pursuant to Subsection 5.9(2) of the Aeronautics Act, and after having determined that the exemption is in the public interest and is not likely to affect aviation safety, I hereby exempt the applicants for the renewal of an instrument rating who are employed by the holder of a private operator certificate issued by the Canadian Business Aviation Association (CBAA) from the requirements of subsection 421.49(1) of the Flight Crew Permits, Licences and Ratings Standards made pursuant to section 401.49 of the Canadian Aviation Regulations (CARs). This exemption is subject to the following conditions.

Subsection 421.49(1) of the Flight Crew Permits, Licences and Ratings Standards states that an applicant for the renewal of an instrument rating shall successfully complete the flight test referred to in paragraph 421.46(2)(c) of the CARs.

Purpose

The purpose of this exemption is to allow applicants for the renewal of an instrument rating to demonstrate the skill requirements through the completion of a pilot training and proficiency system program approved by the CBAA and conducted in accordance with the operational safety standards contained in the Canadian Business Aviation Association Private Operator Certificate Procedures Manual.

Application

This exemption applies only to the pilots employed by a private operator who holds a Private Operator Certificate (POC) issued by the CBAA and who has an approved pilot training and proficiency system program.

Conditions

This exemption is subject to the following conditions:

  1. In order to renew his or her instrument rating, the pilot shall successfully complete the pilot training and proficiency system program approved by the CBAA.

  2. The chief pilot designated by the private operator shall certify to the CBAA that the pilot is proficient in accordance with the requirements of the CBAA Private Operator Certificate Procedures Manual.
  3. The chief pilot designated by the private operator shall forward the certification and appropriate documentation to the CBAA Director of Technical Services in accordance with the procedures established in the CBAA Private Operator Certificate Procedures Manual and the CBAA Policy & Internal Procedures Manual.
  4. The CBAA director of Technical Services shall certify that the training and licensing standards are met and forward the appropriate documentation to the Minister. This will constitute the formal application for renewing an instrument rating.

Validity

This exemption comes into effect on February 1, 2005, and is in effect until the earliest of the following:

  1. 23:59 (EDT) on JULY 31,2006;
  2. the date on which anyone of the conditions set out in this exemption is breached;
  3. the date on which an amendment to the appropriate provisions of the Canadian Aviation Regulations comes into effect; or
  4. 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 is likely to have an adverse affect on aviation safety.

Dated at Ottawa, Ontario, Canada this 7th day of January 2005, on behalf of the Minister of Transport.

Manzur Huq
Director, General Aviation
Civil Aviation

 

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