Exemption from sections 602.41, 603.66 and paragraphs 901.64(c) & 901.83(c) of the Canadian Aviation Regulations

From: Transport Canada

NCR-001-2019

Pursuant to subsection 5.9(2) of the Aeronautics Act, and after taking into account that the exemption is both in the public interest and is not likely to adversely affect aviation safety or security, I hereby exempt remotely piloted aircraft system (RPAS) pilots and flight reviewers from the requirements of sections 602.41 and 603.66, and paragraphs 901.64(c) and 901.93(c) of the Canadian Aviation Regulations as set out in the attached Appendix A, subject to the conditions set out below.

Purpose

The purpose of this exemption is to establish an initial cadre of flight reviewers necessary to implement the regulations amending the Canadian Aviation Regulations (CARs) - Part IX – Remotely Piloted Aircraft Systems (RPAS). The exemption will facilitate the certification of pilots for advanced operations and their respective flight reviewer ratings by exempting these persons from the requirements in CARs 901.64(c) and 901.83(c) such that they can act as flight reviewers under CARs 901.82. In creating a class of flight reviewers capable of conducting flight reviews, Canadians seeking to be certified to conduct advanced operations can do so in advance of the full coming into force date of the regulations on June 1st, 2019.

This exemption will also enable individual RPAS pilots and flight reviewers to operate RPAS as part of the flight review process without having to obtain a Special Flight Operations Certificate (SFOC). Transport Canada (TC) is specifically exempting all RPAS operations conducted for the purposes of a flight review, notwithstanding existing exemptions to CARs 602.41 and 603.66 which currently apply.

Application

This exemption applies to flight reviewers affiliated with training providers who self-declare to Transport Canada as per the requirements of section 921.05 of Standard 921 – Small Remotely Piloted Aircraft in Visual Line-of-Sight (VLOS). Self-declared schools will have the opportunity to employ flight reviewers that will be exempt from the regulatory requirements of 901.64(c) & 901.83(c).

The exemption also applies to flight reviewers and pilots operating RPAS for the purposes of a flight review without requiring an SFOC, as per CARs 602.41 and 603.66.

Conditions

This exemption is subject to the following conditions:

  1. No person shall operate an RPAS under this exemption for a purpose other than a flight review under CARs 901.64(c) or performing the duties of a flight reviewer.
  2. Training Providers must satisfy CARs 901.86 and have submitted their declaration as per 921.05 of Standard 921 — Small Remotely Piloted Aircraft in Visual Line-of-Sight (VLOS).
  3. Flight reviewers conducting a flight review for the purposes of CARs 901.64(c) must comply with CARs 901.82 and 901.87.
  4. A pilot applying for a flight reviewer rating pursuant to CARs 901.83 must satisfy paragraphs (a), (b) and (d).
  5. Operations in controlled airspace shall be authorized by the air traffic services unit responsible for supplying air traffic services for the area of operation.
  6. Pilots completing a flight review for the purposes of CARs 901.64(c) must be tested as per section 921.02 of Standard 921 — Small Remotely Piloted Aircraft in Visual Line-of-Sight (VLOS).
  7. No person conducting a flight review for the purposes of CARs 901. 64(c) shall operate an RPAS above 400 feet above ground level (AGL) and shall not operate at a distance of less than 100 feet (30m) from another person, measured horizontally and at any altitude, except from a crew member or other person involved in the operation.

Validity

This exemption is in effect from January 9, 2019 at 00:01 EST, until December 31st, 2019, subject to the following:

  1. Flight reviewers and pilots cease to be exempt from CARs 602.41 and 603.66 on May 31, 2019.
  2. 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 adversely affect aviation safety or security.

DATED at Ottawa, Ontario on this 4th day of January 2019, on behalf of the Minister of Transport

“Original signed by François Collins (for)”

Nicholas Robinson
Director General, Civil Aviation

Appendix A

Relevant provisions of the Canadian Aviation Regulations

Unmanned Air Vehicles

602.41 No person shall operate an unmanned air vehicle in flight except in accordance with a special flight operations certificate or an air operator certificate.

Certification Requirements
603.66 No person shall conduct a flight operation referred to in section 603.65 unless the person complies with the provisions of a special flight operations certificate issued by the Minister pursuant to section 603.67.

Issuance of Pilot Certificate — Small Remotely Piloted Aircraft (VLOS) — Advanced Operations

901.64 The Minister shall, on receipt of an application, issue a pilot certificate — small remotely piloted aircraft (VLOS) — advanced operations if the applicant demonstrates to the Minister that the applicant

  • (a) is at least 16 years of age;
  • (b) has successfully completed the examination “Remotely Piloted Aircraft Systems — Advanced Operations” which is based on the standard entitled Knowledge Requirements for Pilots of Remotely Piloted Aircraft Systems, 250 g up to and including 25 kg, Operating within Visual Line-of-Sight (VLOS), TP 15263, published by the Minister and covers the subjects set out in section 921.02 of Standard 921 — Small Remotely Piloted Aircraft in Visual Line-of-Sight (VLOS); and
  • (c) has, within 12 months before the date of application, successfully completed a flight review in accordance with section 921.02 of Standard 921 — Small Remotely Piloted Aircraft in Visual Line-of-Sight (VLOS) conducted by a person qualified to conduct flight reviews under section 901.82.
Flight Reviewer Rating

901.83 The Minister shall, on receipt of an application, endorse the applicant’s pilot certificate with a flight reviewer rating if the applicant demonstrates to the Minister that the applicant

  • (a) is at least 18 years of age;
  • (b) holds a pilot certificate — small remotely piloted aircraft (VLOS) — advanced operations issued under section 901.64 and meets the recency requirements set out in section 901.65;
  • (c) has held the certificate referred to in paragraph (b) for at least six months immediately before the date of application; and
  • (d) has successfully completed the examination “Remotely Piloted Aircraft Systems — Flight Reviewers” which is based on the standard entitled Knowledge Requirements for Pilots of Remotely Piloted Aircraft Systems, 250 g up to and including 25 kg, Operating within Visual Line-of-Sight (VLOS), TP 15263, published by the Minister and covers the subjects set out in section 921.03 of Standard 921 — Small Remotely Piloted Aircraft in Visual Line-of-Sight (VLOS).
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