EXEMPTION FROM SUBSECTION 705.113(4) AND PARAGRAPH 705.113(2)(c) OF THE CANADIAN AVIATION REGULATIONS AND FROM PARAGRAPHS 725.34(2)(h), 725.124(26)(c) AND 725.124(37)(c) OF THE COMMERCIAL AIR SERVICES STANDARDS AND PARAGRAPH 3.4.2(d) OF THE MANUAL OF...

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 Canadian Air Operators, operating under Subpart 5 of Part VII of the Canadian Aviation Regulations (CARs), which have an approved Advanced Qualification Program (AQP) and the flight crew employed by these Canadian Air Operators that are trained and qualified under that AQP from:

  1. The validity period of the Pilot Proficiency Check (PPC) stipulated in paragraph 705.113(2)(c) of the CARs;
  2. The extension of the validity period of the PPC as stipulated in subsection 705.113 (4) of the CARs;
  3. Paragraph 3.4.2(d) of the Manual of All Weather Operations (Catergory II and III);
  4. The checking interval stipulated in Paragraph 725.34(2)(h) of the Commercial Air Service Standards (CASS) made pursuant to Paragraph 705.34(3)(b) of the CARs;
  5. The requirement for a training interval of 6 months as stipulated in Paragraph 725.124(26)(c) of the CASS made pursuant to Section 705.124 of the CARs;
  6. The requirement for annual training as stipulated in Paragraph 725.124(37)(c) of the CASS made pursuant to Section 705.124 of the CARs.

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

Purpose

The purpose of this exemption is to provide and alternate training and qualifying regime to the one currently prescribed by the CARs for Canadian Air Operators operating under Subpart 5 of part VII of the CARs.

More precisely, the purpose of this exemption is to allow Canadian Air Operators, operating under Subpart 5 of part VII of the CARs, to deviate from the traditional six-month and twelve-month requirements for training and checking intervals as currently prescribed by the CARs. This exemption will allow these Canadian Air Operators to operate with training and checking periods that are specified in their approved AQP. The training periods specified in a Canadian Air Operator’s AQP cannot be any longer than 8 months and evaluation periods cannot be any longer than 16 months.

Application

This exemption applies to Canadian Air Operators, operating under Subpart 5 of part VII of the CARs, which have an approved AQP and the flight crew employed by those Canadian Air Operators that are assigned to an aircraft type for which training is authorized in accordance with that approved AQP.

Conditions

This exemption is subject to the following conditions:

  1. The Canadian Air Operator shall have an AQP approved by the Minister which meets the requirements as set out in Appendix "B" of this exemption;
  2. Where a flight crew member’s evaluation or training is renewed within 60 days of its validity period, that validity period shall be extended by the training or evaluation period authorized in the Canadian Air Operator’s approved AQP;
  3. Where an Air Operator is authorized in its approved AQP for more than 6 and 12 months training or evaluation period, an air operator shall not be extended for more than 30 days in either case; and
  4. Notwithstanding the extensions provided herein with respect to checking and training intervals, all other requirements stipulated in the CARs shall continue to apply.

Validity

This exemption is in effect until the earliest of:

  1. 23:59 EST on April 1, 2007;
  2. The date on which an amendment to the appropriate provision of the CARs and associated Standards comes 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 canceled in writing by the Minister, where he is of the opinion that it is no longer in the public interest, or it is likely to affect aviation safety.

Dated

 at Ottawa, this 30th day of March 2005, on behalf of the Minister of Transport.

Original signed by Gilles Bourgeois

For (scanned signature can be found in RDIMS 1131528)

Merlin Preuss
Director General
Civil Aviation

Appendix "A"

Provisions of the Canadian Aviation Regulations:

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

(a)

 on the first day of the seventh month following the month in which the check was completed;

(b)

 on the first day of the thirteenth month following the month in which the check was completed, where the pilot successfully completes the six-month recurrency training that has been approved by the Minister, in accordance with the Commercial Air Service Standards, as a substitute for the pilot proficiency check and that is identified in the company operations manual; or

(c)

 at the end of the validation period, where the air operator has an operations specification authorizing an advanced qualification program in accordance with the Commercial Air Service Standards and the pilot completes a proficiency evaluation within the evaluation period authorized for the air operator in the operations specification.

705.113(4)

 Where a pilot proficiency check, a flight dispatcher competency check, a line check or training is renewed within the last 90 days of its validity period, its validity period is extended by six or 12 months, as appropriate.

725.34 Take-off Minima

The standard for take-off in IMC below the take-off weather minima specified in the Canada Air Pilot, in the equivalent foreign publication, or in the route and approach inventory or the instrument approach procedure referred to in the air operator certificate is:

(2)

 Take-off Minima - Reported Visibility - RVR 600 feet

h)

 the pilot-in-command, and the second-in-command if authorized by the air operator for lower than normal take-off minima, shall be checked within the preceding 12 months in an approved synthetic training device by an approved company check pilot or a Transport Canada - Civil Aviation inspector and shall be certified in their pilot training files as competent to conduct an RVR 600 feet take-off;

STANDARD 725 - AIRLINE OPERATIONS - AEROPLANES

725.124 Training Program

The air operator training program syllabus shall include all applicable subsections of this standard.

26)

 Lower than Standard Take-Off Weather Minima

Reported Visibility - RVR 1200 Feet (1/4 Mile), RVR 600 Feet

Training is required for the pilot-in-command only. If the air operator authorizes, in the operations manual, the second-in-command to conduct take-offs in lower than standard weather minima, the second-in-command shall undergo the same training as the pilot-in-command.

(c)

 Initial and Recurrent Training to be conducted every six months

  1. a minimum of one completed take-off at RVR 600 or 1200 feet (as applicable) with a failure of the critical engine at V1; and
  2. one rejected take-off at RVR 600 or 1200 feet (as applicable) immediately prior to V1.

The following provision of the Manual of All Weather Operations (Categories II and III):

3.4.2

 When preparatory requirements have been met, arrangements will be made between the applicant and DGAR for crew evaluation. Details of the evaluation procedure will be determined by TCAG specialists, but the following general criteria will apply:

(d)

 the period of certification will be for six months; renewal tests may be combined with semi-annual pilot proficiency checks or during an approved LOFT program;

Appendix "B"

1. The air operator’s advanced qualification program must be approved by Transport Canada and shall meet the following standards:

  1. the air operator shall demonstrate to the Minister that the AQP meets an equivalent level of safety to that required by 705.124(2);
  2. the air operator shall develop an AQP using the following five-phase development process which is approved by the Minister prior to making the transition to the next phase:
    1. AQP application;
    2. Syllabus development;
    3. Implementation;
    4. Initial operations; and
    5. Continuous operations;
  3. An air operator who wishes to develop, implement and operate an AQP shall submit an AQP application for approval. This application shall specify the air operator’s systematic syllabus design methodology for developing an AQP for all its intended aircraft types, instructors and evaluators and non-type-specific syllabi;
  4. In addition to the supporting documents and manuals of a traditional training program, the air operator shall create an AQP program audit database (PADB), which consists of six documents. These six documents shall be maintained throughout the life of the AQP and include:
    1. Management documents:
      1. Application;
      2. Syllabus Development Methodology; and
      3. Implementation and Operations Plan;
    2. Database documents maintained in an interactive database:
      1. Job Task Analysis;
      2. Qualification Standards; and
      3. Syllabus Outlines;
  5. The Implementation and Operations Plan shall include a plan on how the air operator would return to a traditional training program should it become necessary or desirable at some later date;
  6. Each AQP shall have separate syllabi for indoctrination, qualification, and continuing qualification for every flight crew position, instructor and evaluator position. Each syllabus shall be approved by the Minister and may include any part of an air operator’s training program required by 705.124(2);
  7. Each syllabus approved under AQP shall specify the aircraft type and series (or variant) and each flight crew, instructor, and evaluator position;
  8. Indoctrination syllabus shall consist of air operator and flight crew position specific training;
  9. Qualification
    10.  syllabus shall consist of type specific ground and flight operations training for a newly assigned flight crew position;
  10. Continuing qualification
    11.  syllabus shall consist of type specific ground and flight operations training for presently held flight crew positions;
  11. The continuing qualification cycle shall be a, maximum of 36 months duration and all currency proficiency objectives shall be accomplished during each continuing qualification cycle
  12. The continuing qualification cycle shall be divided into evaluation periods. All critical proficiency objectives shall be evaluated during each evaluation period. During the operations phase, the training period shall not be longer than 8 months and the evaluation period shall not be longer than 16 months;
  13. The air operator shall reduce the evaluation period if the AQP data analysis or any other evidence demonstrates that safety is not being maintained;
  14. The air operator shall train and evaluate instructors and evaluators for all flight crew positions. AQP specific training shall be provided for instructors and evaluators, together with explicit training and evaluation strategies to verify the proficiency and standardization of such personnel for crew-oriented, scenario-based training and evaluation tasks;
  15. The air operator shall provide training and evaluation in a crew environment, and shall integrate the training and evaluation of crew resource management (CRM) during all applicable phases of the syllabus;
  16. Qualification
    17.  and continuing qualification syllabi shall include a line operational evaluation (LOE), which will consist of a full flight scenario systematically designed to evaluate maneuver-oriented flying skills, technical knowledge and CRM skills. Successful completion of an LOE is confirmation that the student has met all of the requirements for the issuance of a type rating and an instrument rating;
  17. The air operator shall integrate the use of advanced flight training equipment, including computer-based training (CBT), flight training devices (FTD), fixed based simulator (FBS), and level C or D full flight simulators (FFS);
  18. The air operator shall collect and retain AQP performance proficiency data on all flight crew, instructors, and evaluators for a minimum period of 5 years. The air operator shall, as a minimum, annually conduct an internal analysis of this data along with other relevant data for the purpose of syllabus development and validation. The air operator shall make available to the Minister AQP performance data in a format acceptable to the Minister;
  19. The CAT II/III certification of the pilot-in-command is valid for the period authorized in the air operator’s AQP up to 8 months and shall be accomplished during an MPV, LOE, LOFT or SPOT;
  20. Where both CAT II and CAT III approaches are authorized in the air operator certificate, the CAT II and CAT III re-certification shall be done in an approved simulator and, subject to subparagraph (u), may be alternated between successive MT/LOFT and MTV/ LOE sessions, as the case may be. In this case, the re–certification of one will re-validate the certification of the other to the same date.
  21. Alternating Cat II and Cat III re-certification on successive MT/LOFT and MTV/LOE sessions is permitted only when the same aircraft equipment, such as auto-flight or HUD, is used for both category of approach.
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