Exemption from subsection 421.35(5) of the Personnel Licensing and Training Standards Respecting Flight Crew Permits, Licences and Ratings and section 401.35 of the Canadian Aviation Regulations

From: Transport Canada

NCR-026-2018

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 adversely affect aviation safety or security, I hereby exempt applicants for an Airline Transport Pilot Licence – Helicopter (ATPL-H) from the requirement to use a helicopter type that is certified as requiring a co-pilot for the purposes of the ATPL-H skill test as required by subsection 421.35(5) of Standard 421 – Flight Crew Permits, Licences and Ratings made pursuant to section 401.35 of the Canadian Aviation Regulations (CARs), subject to the following conditions.

Subsection 421.35(5) states that within the 12 months preceding the date of application for the licence, an applicant shall demonstrate in flight and on the ground familiarity with and the ability to perform, as a pilot-in-command of a helicopter required to be operated with a co-pilot, both normal and emergency procedures and manoeuvres appropriate to the privileges of an Airline Transport Pilot Licence – Helicopter.

Purpose

The purpose of this exemption is to allow applicants of an Airline Transport Pilot Licence – Helicopter (ATPL-H) to complete the skill test using a helicopter certified for single pilot operations only when the applicant is employed by a Subpart 703 or Subpart 704 commercial air operator that operates the helicopter in both IFR and night operations with a complement of two pilots as opposed to one pilot as is set out in the helicopter’s type certificate.

Application

The exemption applies to applicants for an Airline Transport Pilot Licence – Helicopter (ATPL-H) who are employed by a Subpart 703 or Subpart 704 commercial air operator that operates in a two pilot environment, a multi-engine helicopter which is certified as single pilot, is certified as Instrument Flight Rules (IFR) and is configured for two pilots.

This exemption ceases to apply to the applicant who breaches a condition of the exemption.

Conditions

This exemption is subject to the following conditions:

  1. The applicant shall hold a commercial pilot licence – helicopter not restricted to daylight flying and shall hold a group 4 instrument rating.
  2. The applicant shall be employed by a Subpart 703 or 704 commercial air operator that conducts IFR and night operations using the multi-engine helicopter with a pilot-in command and a co-pilot who are both IFR rated and type qualified and in accordance with the approved Company Operations Manual (COM) and applicable Standard Operating Procedures (SOPs).
  3. The applicant’s employer’s Company Operations Manual shall document that all IFR and night operations are to be conducted with a minimum flight crew of two pilots.
  4. Within the 12 months preceding the date of application for an ATPL-H, the applicant shall have demonstrated in flight and on the ground familiarity with and the ability to perform, as a pilot-in-command of the multi-engine helicopter, both normal and emergency procedures and manoeuvres appropriate to the privileges of an Airline Transport Pilot Licence – Helicopter.
  5. The ATPL-H skill test conducted by the applicant’s employer and successfully completed by the applicant shall include the instrument procedures portion outlined in either Standard 723 Schedule – Pilot Proficiency Check – Helicopter referred to in paragraph 723.88(1)(g) or in Standard 724 Helicopter Schedule – Pilot Proficiency Check referred to in paragraph 724.108(1)(f), as the applicable case may be.
  6. The multi-engine helicopter used to conduct the ATPL-H skill test shall be certified for Instrument Flight Rules (IFR) and shall be configured for two pilots.

Validity

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

  • a) October 1, 2023 at 23:59 EDT;
  • b) the date on which any condition set out in this exemption is breached; or
  • c) 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 adversely affect aviation safety or security.

Dated at Ottawa, Ontario, this 26th day of October, 2018, on behalf of the Minister of Transport.

“Original signed by Joseph Szwalek (for)”

Nicholas Robinson
Director General
Civil Aviation

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