EXEMPTION FROM SUBSECTION 703.91(1) OF THE CANADIAN AVIATION REGULATIONS

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 Canadian air operators and flight crew members from subsection 703.91(1) of the Canadian Aviation Regulations (CARs), subject to the following conditions. This subsection stipulates that the validity period of a Pilot Proficiency Check (PPC), a Competency Check and the Annual Training, expires on the first day of the thirteenth month following the month in which the PPC, the Competency Check or the Annual Training was completed.

PURPOSE

The purpose of this exemption is to change the validity period of a PPC to the first day of the twenty fifth month following the month in which the Proficiency Check was completed.

APPLICATION

This exemption applies to Canadian air operators and flight crew members holding a valid PPC completed on or after July 1, 1999 for aircraft operated pursuant to subpart 703 of the CARs.

This exemption also applies where an air operator has been authorized aeroplane groupings for PPCs (renewal only) for aeroplanes operated pursuant to subpart 703 of the CARs.

CONDITIONS

This exemption is subject to the following conditions:

  1. extensions in accordance with CAR 703.91(3) to the validity period of a PPC, a Competency Check and the annual training shall not be permitted;

  2. where an air operator has been authorized aeroplane grouping for PPCs (renewal only), the validity period of the PPC grouping shall be to the first day of the twenty fifth month following the month in which the proficiency check was completed, subject to condition 3;

  3. annual training shall be required in accordance with section 703.98, section 723.98 and, for aeroplanes, subparagraph 723.88(1)(i)(ii) of the CARs;

  4. in addition to the training specified in condition 3, a training flight of 1.0 to 1.5 hours shall be completed. Operators conducting only VFR operations should use this training flight to focus on areas of identified weakness for each pilot. For IFR operators, emphasis shall be placed on:

    • non precision approaches;

    • holds;
    • precision approaches; and
    • missed approaches with power loss.
  5. the Chief Pilot shall be responsible for the training required by this exemption. Where a pilot has not demonstrated competency on one or more items in the training program, supplementary training shall be provided. The supplementary training shall be sufficient to ensure the pilot has demonstrated competency in all required items. The Chief Pilot, or a pilot delegated by the Chief Pilot, shall certify the competence of each pilot for all items contained in schedule I of 723.88 (Aeroplane) or the schedule in 723.88 (Helicopter) upon completion of the training;

    1. for the purpose of this exemption, this certification shall be deemed to mean Pilot Competency CERTIFICATION (PCC); and
    2. all training shall be completed within ninety days prior to the first day of the thirteenth month of the validity period.
  6. the air operator shall provide flight crew members with documentary proof of pilot qualifications in a format that is easily available for review while engaged in flight operations. This record should be in the form of a card which lists, at the minimum, the type of aircraft, the name and license number of the pilot certifying competency as per condition 7 below, and the date until which the PPC is valid. Additional training information may be included on the card if desired. A sample "Flight Crew Member Record of Training" card is attached at Appendix "A"; and

  7. the pilots’ Flight Crew Member Record of Training card shall be signed by the Chief Pilot or a pilot delegated by the Chief Pilot to confirm that "a PCC has been completed in lieu of a PPC." The documentary proof of pilot qualifications shall be carried at all times while exercising the privileges granted by this exemption.

VALIDITY

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

  1. 23:59 EST on 30 June, 2003;

  2. the date on which any of the conditions set out in this exemption is breached; or

  3. 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 affect aviation safety.

Dated at Ottawa, this 5th day of July, 2002, on behalf of the Minister of Transport.

Hard copy signed on July 5th, 2002 by:

Merlin Preuss
Director General
Civil Aviation

 

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