Exemption from subsections 722.76(24), 723.98(33) – Aeroplanes, 723.98(25) - Helicopters, 724.115(38) - Aeroplanes, 724.115(28) - Helicopters and 725.124(39) of the Commercial Air Service Standards made pursuant to subsection 702.76(1), subparagraph 70...

NCR-003-2019

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 Canadian air operators operating pursuant to Subparts 702, 703, 704 or 705 of the Canadian Aviation Regulations (CARs) from the requirements of subsections 722.76(24), 723.98(33) – Aeroplanes, 723.98(25) – Helicopters, 724.115(38) – Aeroplanes, 724.115(28) – Helicopters and 725.124(39) of the Commercial Air Service Standards (CASS) made pursuant to subsection 702.76(1), subparagraph 702.76(2)(d)(vi), subsection 703.98(1), paragraph 703.98(2)(d), subsection 704.115(1), paragraph 704.115(2)(e), subsection 705.124(1) and paragraph 705.124(2)(e) of the CARs, subject to the conditions set out below.

Related provisions of the CARs and CASS are reproduced in Appendix A.

Subsection 725.124(39) of the CASS, as they read immediately before January 31, 2019, is reproduced in Appendix B.

Purpose

The purpose of this exemption is to delay the implementation date of the Crew Resource Management (CRM) Standards from January 31, 2019, to September 30, 2019, to provide Canadian air operators operating pursuant to Subparts 702, 703, 704 or 705 of the CARs with sufficient time to implement their CRM training program in order to be in full compliance with the new CRM Standards.

Application

This exemption applies to Canadian air operators operating pursuant to Subparts 702, 703, 704 or 705 of the CARs that have not fully completed the implementation of their CRM training program by January 31, 2019.

Conditions

This exemption is subject to the following conditions:

  1. The air operator may immediately begin to provide their CRM training program in accordance with the new CRM Standards prior to approval by Transport Canada.
  2. The air operator shall submit their CRM training documentation to Transport Canada for approval no later than September 30, 2019.
  3. The air operator shall ensure that all applicable crews are trained to the new CRM Standards by September 30, 2019.
  4. Subpart 705 air operators shall continue to comply with the requirements of subsection 725.124(39) of the CASS, as they read immediately before January 31, 2019, and as set out in Appendix B, until September 30, 2019, or until the date on which they become fully compliant with the new CRM requirements, whichever date comes first.

Validity

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

  • a) September 30, 2019, at 23:59 EDT;
  • b) the date on which any of the conditions 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, on this 31st day of January 2019, on behalf of the Minister of Transport.

“Original signed by Joseph Szwalek (for)”

Nicholas Robinson
Director General, Civil Aviation

Appendix A

Relevant provisions of the Canadian Aviation Regulations (CARs)

Training Program

  • 702.76 (1) Every air operator shall establish and maintain a ground and flight training program that is
    • (a) designed to ensure that each person who receives training acquires the competence to perform the person’s assigned duties; and
    • (b) approved by the Minister in accordance with the Commercial Air Service Standards.
  • (2) An air operator’s ground and flight training program shall include
    • […]
    • (d) initial and annual training, including
      • […]
      • (vi) any other training required to ensure a safe operation under this Subpart.

Training Program

  • 703.98 (1) Every air operator shall establish and maintain a ground and flight training program that is
    • (a) designed to ensure that each person who receives training acquires the competence to perform the person’s assigned duties; and
    • (b) approved by the Minister in accordance with the Commercial Air Service Standards.
  • (2) An air operator’s ground and flight training program shall include
    • […]
    • (d) any other training required to ensure a safe operation under this Subpart.

Training Program

  • 704.115 (1) Every air operator shall establish and maintain a ground and flight training program that is
    • (a) designed to ensure that each person who receives training acquires the competence to perform the person’s assigned duties; and
    • (b) approved by the Minister in accordance with the Commercial Air Service Standards.
  • (2) An air operator’s ground and flight training program shall include
    • […]
    • (e) any other training required to ensure a safe operation under this Subpart.

Training Program

  • 705.124 (1) Every air operator shall establish and maintain a training program that is
    • (a) designed to ensure that each person who receives training acquires the competence to perform the person’s assigned duties; and
    • (b) approved by the Minister in accordance with the Commercial Air Service Standards and, in respect of flight attendants, in accordance with the Commercial Air Service Standards and the Flight Attendant Training Standard.
  • (2) An air operator’s training program shall include
    • […]
    • (e) any other training required to ensure a safe operation under this Subpart.

Relevant provisions of the Commercial Air Service Standards (CASS)

722.76(24) Crew Resource Management Training

An air operator shall provide Crew Resource Management Training (CRM) to flight crew, flight attendants, dispatchers/flight followers, ground crew and maintenance personnel, as applicable, in accordance with paragraphs (a) and (b) of this subsection.

Information Note: The training described in this subsection will be tailored to the needs and size of the organization. CRM training should cover the operator’s safety culture, its company culture, the type of operations and the associated procedures of the operator. This should include areas of operations that may lead to particular difficulties or involve unusual hazards.

  • (a) Initial training is to be conducted every three years and shall cover all the elements in paragraphs (a) and (b) below:
    • (i) threat and error management;
    • (ii) communications;
    • (iii) situational awareness;
    • (iv) pressures and stress;
    • (v) fatigue;
    • (vi) workload management;
    • (vii) decision making;
    • (viii) leadership and team building;
    • (ix) automation and technology management; and
    • (x) relevant case study.
  • (b) Annual training in safety and emergency procedures shall comprise of a joint participation of flight crew, flight attendants, dispatchers/flight followers, ground crew and maintenance personnel, as applicable, and shall cover the following items:
    • (i) threat and error management;
    • (ii) an in-depth review of a minimum of three additional core elements as found in subparagraphs (a)(ii) through (a)(ix);
    • (iii) relevant case study;
    • (iv) a review and discussion of current safety trends within the operator’s specific operation(s) and industry; and
    • (v) crew member evacuation drills, including debriefing.

723.98(33) Crew Resource Management Training – Aeroplanes

An air operator shall provide Crew Resource Management Training (CRM) to flight crew, flight attendants, dispatchers/flight followers, ground crew and maintenance personnel, as applicable, in accordance with paragraphs (a) and (b) of this subsection.

Information Note: The training described in this subsection will be tailored to the needs and size of the organization. CRM training should cover the operator’s safety culture, its company culture, the type of operations and the associated procedures of the operator. This should include areas of operations that may lead to particular difficulties or involve unusual hazards.

  • (a) Initial training is to be conducted every three years and shall cover all the elements in paragraphs (a) and (b) below:
    • (i) threat and error management;
    • (ii) communications;
    • (iii) situational awareness;
    • (iv) pressures and stress;
    • (v) fatigue;
    • (vi) workload management;
    • (vii) decision making;
    • (viii) leadership and team building;
    • (ix) automation and technology management; and
    • (x) relevant case study.
  • (b) Annual training in safety and emergency procedures shall comprise of a joint participation of flight crew, flight attendants, dispatchers/flight followers, ground crew and maintenance personnel, as applicable, and shall cover the following items:
    • (i) threat and error management;
    • (ii) an in-depth review of a minimum of three additional core elements as found in subparagraphs (a)(ii) through (a)(ix);
    • (iii) relevant case study;
    • (iv) a review and discussion of current safety trends within the operator’s specific operation(s) and industry; and
    • (v) crew member evacuation drills, including debriefing.

723.98(25) Crew Resource Management Training - Helicopters

An air operator shall provide Crew Resource Management Training (CRM) to flight crew, flight attendants, dispatchers/flight followers, ground crew and maintenance personnel, as applicable, in accordance with paragraphs (a) and (b) of this subsection.

Information Note: The training described in this subsection will be tailored to the needs and size of the organization. CRM training should cover the operator’s safety culture, its company culture, the type of operations and the associated procedures of the operator. This should include areas of operations that may lead to particular difficulties or involve unusual hazards.

  • (a) Initial training is to be conducted every three years and shall cover all the elements in paragraphs (a) and (b) below:
    • (i) threat and error management;
    • (ii) communications;
    • (iii) situational awareness;
    • (iv) pressures and stress;
    • (v) fatigue;
    • (vi) workload management;
    • (vii) decision making;
    • (viii) leadership and team building;
    • (ix) automation and technology management; and
    • (x) relevant case study.
  • (b) Annual training in safety and emergency procedures shall comprise of a joint participation of flight crew, flight attendants, dispatchers/flight followers, ground crew and maintenance personnel, as applicable, and shall cover the following items:
    • (i) threat and error management;
    • (ii) an in-depth review of a minimum of three additional core elements as found in subparagraphs (a)(ii) through (a)(ix);
    • (iii) relevant case study;
    • (iv) a review and discussion of current safety trends within the operator’s specific operation(s) and industry; and
    • (v) crew member evacuation drills, including debriefing.

724.115(38) Crew Resource Management Training - Aeroplanes

An air operator shall provide Crew Resource Management Training (CRM) to flight crew, flight attendants, dispatchers/flight followers, ground crew and maintenance personnel, as applicable, in accordance with paragraphs (a) and (b) of this subsection.

Information Note: The training described in this subsection will be tailored to the needs and size of the organization. CRM training should cover the operator’s safety culture, its company culture, the type of operations and the associated procedures of the operator. This should include areas of operations that may lead to particular difficulties or involve unusual hazards.

  • (a) Initial training is to be conducted every three years and shall cover all the elements in paragraphs (a) and (b) below:
    • (i) threat and error management;
    • (ii) communications;
    • (iii) situational awareness;
    • (iv) pressures and stress;
    • (v) fatigue;
    • (vi) workload management;
    • (vii) decision making;
    • (viii) leadership and team building;
    • (ix) automation and technology management; and
    • (x) relevant case study.
  • (b) Annual training in safety and emergency procedures shall comprise of a joint participation of flight crew, flight attendants, dispatchers/flight followers, ground crew and maintenance personnel, as applicable, and shall cover the following items:
    • (i) threat and error management;
    • (ii) an in-depth review of a minimum of three additional core elements as found in subparagraphs (a)(ii) through (a)(ix);
    • (iii) relevant case study;
    • (iv) a review and discussion of current safety trends within the operator’s specific operation(s) and industry; and
    • (v) crew member evacuation drills, including debriefing.

724.115(28) Crew Resource Management Training - Helicopters

An air operator shall provide Crew Resource Management Training (CRM) to flight crew, flight attendants, dispatchers/flight followers, ground crew and maintenance personnel, as applicable, in accordance with paragraphs (a) and (b) of this subsection.

Information Note: The training described in this subsection will be tailored to the needs and size of the organization. CRM training should cover the operator’s safety culture, its company culture, the type of operations and the associated procedures of the operator. This should include areas of operations that may lead to particular difficulties or involve unusual hazards.

  • (a) Initial training is to be conducted every three years and shall cover all the elements in paragraphs (a) and (b) below:
    • (i) threat and error management;
    • (ii) communications;
    • (iii) situational awareness;
    • (iv) pressures and stress;
    • (v) fatigue;
    • (vi) workload management;
    • (vii) decision making;
    • (viii) leadership and team building;
    • (ix) automation and technology management; and
    • (x) relevant case study.
  • (b) Annual training in safety and emergency procedures shall comprise of a joint participation of flight crew, flight attendants, dispatchers/flight followers, ground crew and maintenance personnel, as applicable, and shall cover the following items:
    • (i) threat and error management;
    • (ii) an in-depth review of a minimum of three additional core elements as found in subparagraphs (a)(ii) through (a)(ix);
    • (iii) relevant case study;
    • (iv) a review and discussion of current safety trends within the operator’s specific operation(s) and industry; and
    • (v) crew member evacuation drills, including debriefing.

725.124(39) Crew Resource Management Training

An air operator shall provide Crew Resource Management Training (CRM) to flight crew, flight attendants, dispatchers/flight followers, ground crew and maintenance personnel, in accordance with paragraphs (a) and (b) of this subsection.

Information Note: The training described in this subsection will be tailored to the needs and size of the organization. CRM training should cover the operator’s safety culture, its company culture, the type of operations and the associated procedures of the operator. This should include areas of operations that may lead to particular difficulties or involve unusual hazards.

  • (a) Initial training is to be conducted every three years and shall cover all the elements in paragraphs (a) and (b) below:
    • (i) threat and error management;
    • (ii) communications;
    • (iii) situational awareness;
    • (iv) pressures and stress;
    • (v) fatigue;
    • (vi) workload management;
    • (vii) decision making;
    • (viii) leadership and team building;
    • (ix) automation and technology management; and
    • (x) relevant case study.
  • (b) Annual training in safety and emergency procedures shall comprise of a joint participation of flight crew, flight attendants, dispatchers/flight followers, ground crew and maintenance personnel, as applicable, and shall cover the following items:
    • (i) threat and error management;
    • (ii) an in-depth review of a minimum of three additional core elements as found in subparagraphs (a)(ii) through (a)(ix);
    • (iii) relevant case study;
    • (iv) a review and discussion of current safety trends within the operator’s specific operation(s) and industry; and
    • (v) crew member evacuation drills, including debriefing.

Appendix B

Subsection 725.124(39) of the Commercial Air Service Standards (CASS) as they read immediately before January 31, 2019

725.124(39) Crew Resource Management Training for Crew Members

An air operator shall provide Crew Resource Management Training (CRM) in accordance with the following:

  • (a) Initial training is required for all crew members and shall cover the subjects in both (a) and (b):
    • (i) attitudes and behaviours;
    • (ii) communication skills;
    • (iii) problem solving;
    • (iv) human factors;
    • (v) conflict resolution;
    • (vi) decision making;
    • (vii) team building and maintenance; and
    • (viii) workload management.
  • (b) Annual training in safety and emergency procedures. It shall include, as applicable, joint participation of pilots and flight attendants and cover the following items:
    • (i) relationship of crew members;
    • (ii) review of accidents/incidents of air operators;
    • (iii) presentation and discussion of selected coordinated emergency procedures (practice of CRM skills); and
    • (iv) crew member evacuation drills, including debriefing.
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