EXEMPTION FROM SUBSECTIONS 421.44(2),(3) and(4) OF THE PERSONEL LICENSING AND TRAINING STANDARDS RESPECTING FLIGHT CREW PERMITS, LICENCES AND RATINGS MADE PURSUANT TO SECTION 401.06 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 all applicants, holders of a valid FAA Pilot Certificate endorsed with an Instrument Rating in the Airplane Category, availing themselves of the Agreement for the Promotion of Aviation Safety between the Government of the United States and the Government of Canada to apply for a Canadian VFR Over the Top Rating in the Aeroplane Category, from the requirements set out in subsections 421.44(2), (3) and (4) of the Personnel Licensing and Training Standards Respecting Flight Crew Permits, Licences and Ratings, made pursuant to section 401.06 of the Canadian Aviation Regulations (CARs) subject to the conditions set out below.

Purpose

The purpose of this exemption is to permit holders of a valid FAA Pilot Certificate endorsed with an Instrument Rating in the Airplane Category to add a VFR Over The Top Rating to their Canadian Pilot Licence-Aeroplane Category without having to complete the knowledge, experience and skill requirements of subsections 421.44(2), (3) and (4) of the Personnel Licensing and Training Standards Respecting Flight Crew Permits, Licences and Ratings.

 This VFR Over The Top Rating Conversion process recognizes the completion of comparable knowledge, experience and skill for holders of a FAA Pilot Certificate and is conducted in accordance with the Implementation Procedures for Licensing (IPL) agreement signed on August 31, 2006 between Transport Canada and the Federal Aviation Administration.

Application

This exemption applies to all applicants for a Canadian VFR Over The Top Rating in the Aeroplane Category who hold a valid FAA Pilot Certificate endorsed with an Instrument Rating in the Airplane Category.

Conditions

This exemption is subject to the following conditions:

1. An applicant for a Canadian VFR Over-The-Top Rating in the aeroplane category, shall hold a valid FAA Private, Commercial or Airline Transport Pilot Certificate that is not under an order of revocation, cancellation or suspension;
2. The FAA Pilot Certificate shall not have been issued on the basis of another foreign licence
3. Applicants for a Canadian VFR Over The Top Rating in the Aeroplane Category shall hold a valid FAA Pilot Certificate endorsed with an Instrument Rating in the Airplane Category; and
4. All other requirements of the CARs and incorporated standards not covered in this exemption, shall be applicable.

Validity

This exemption shall be in effect until the earliest of:

1. April 01, 2008, at 23:59 EST;
2. the date on which an amendment to the appropriate provision of the Canadian Aviation Regulations comes into effect;
3. the date on which any condition set out in this exemption is breached; or
4. 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 is likely to affect aviation safety.

Dated at Ottawa, Ontario, this 25th day of January 2007, on behalf of the Minister of Transport., Infrastructure and Communities.

Original signed by Jim Dow for

Manzur Huq
Director
General Aviation

Date de modification :

2007-03-2