| GAPL 2003-03 |
| 2003-10-10 |
Subject
Credits for Foreign Applicants
Reference
Canadian Aviation Regulations (CARs) Part IV - Personnel Licensing and Training, Standard 421 - Flight Crew Permits, Licences and Ratings, Division VII - Commercial Pilot Licence, 421.30(9) Aeroplanes - Requirements and 421.31(9) Helicopter - Requirements
Notice of Proposed Amendments (NPA) 2003-155 and 2003-157.
Purpose
To ensure national standardization in the application of requirements of subsections 421.30(9) and 421.31(9) in the interim period awaiting publication of NPA's 2003-155 and 2003-157.
Background
As a matter of common practice and consistent with a logical interpretation of the noted standard, pilots holding foreign International Civil Aviation Organization (ICAO) Commercial Pilot Licences were allowed to credit foreign flight experience towards the requirements of subsections 421.30(4) and 421.31(4) as applicable. However, the current standard as written can also be interpreted in such a manner that the credit is not permitted. Specific regions have elected to adopt this 'alternative' interpretation in spite of the fact that this represents a dramatic change in the application of the standards. In effect, it means that holders of foreign commercial pilot licenses would be required to complete the full Canadian Commercial Pilot Licence training requirements under the supervision of a Canadian Instructor.
As noted above, this was never the intent of subsections 421.30(4) and 421.31(4). This fact was confirmed by regional inquiries and further substantiated by the total absence of regional comments or dissents to the two NPAs that were circulated in May 2003 as a part of the consultation prior to the Part IV CARAC meeting of June 25-26, 2003.
Action
NPAs 2003-155 and 2003-157 were approved by CARAC at the June 2003 meeting. Until the Standards are amended, the following are to be applied:
NPA 2003-155 (change in italic)
Commercial Pilots Licence
421.30 Aeroplanes - Requirements
(9) Credits for Foreign Applicants
Provided that the applicant has met the flight time requirements specified in subsection (4), the holder of a commercial or higher type pilot licence in the aeroplane category issued by a Contracting State shall be considered to have met the ground school instruction requirement and the experience requirements of subsection 421.30(4):
NPA 2003-157 (change in italic)
Commercial Pilots Licence
421.31 Helicopters - Requirements
(9) Credits for Foreign Applicants
Provided that the applicant has met the flight time requirements specified in subsection (4), the holder of a Commercial or higher type pilot licence in the helicopter category issued by a Contracting State shall be considered to have met the ground school instruction requirement and the experience requirements of subsection 4.
Effective Date
October 14, 2003
Expiry
This policy letter will expire once this change is incorporated in the CAR Standards.
Manzur Huq
Director
General Aviation