Exemption from Subsection 604.140(2) and Paragraph 604.143(1)(e) of the Canadian Aviation Regulations

From: Transport Canada

NCR-033-2016

Pursuant to subsection 5.9(2) of the Aeronautics Act, and after having determined that the exemption is in the public interest and is not likely to adversely affect aviation safety, I hereby exempt private operators and persons acting as pilot-in-command or second-in-command for a private operator from the requirements set out in subsection 604.140(2) and paragraph 604.143(1)(e) of the Canadian Aviation Regulations (CARs) pertaining to the requirement to successfully complete a competency check or pilot proficiency check, subject to the following application criteria and conditions .

Subsection 604.140(2) states:

“A person who will act as a flight crew member for a private operator, and who has successfully completed a pilot proficiency check with an air operator or a competency check with another private operator, meets the requirements of paragraph 604.143(1)(e) if

  1. the pilot proficiency check or competency check was conducted using an aircraft of the same type that the person will operate;
  2. the validity period of the pilot proficiency check or competency check has not expired; and
  3. the private operator provides the person with the training in respect of
    1. the processes, practices and procedures set out in the private operator’s operations manual,
    2. any differences between the equipment that is installed on the aircraft operated by the private operator and the equipment that is installed on the aircraft operated by the air operator or the other private operator, and
    3. any differences between the private operator’s operational procedures and those of the air operator or the other private operator.”

Paragraph 604.143(1)(e) states:

“No private operator shall permit a person to act — and no person shall act — as a pilot-in-command or second-in-command unless

(e) the person has successfully completed, in respect of the aircraft type that the person will operate, a competency check that meets the requirements of this section or a competency check or pilot proficiency check that meets the requirements of subsection 604.140(2), and the validity period of the competency check or pilot proficiency check has not expired;”

Purpose

This exemption provides an alternative means of compliance to the requirement to successfully complete a competency check or pilot proficiency check as required by subsection 604.140(2) and paragraph 604.143(1)(e) of the CARs, provided that the private operator and the person acting as pilot-in-command or second-in-command for a private operator meet the application criteria and conditions stated in this exemption.

Application Criteria

Private operators desiring to operate pursuant to this exemption and persons acting as pilot-in-command or second-in-command for these private operators shall meet the following criteria prior to operating pursuant to this exemption:

  1. Private operators utilizing this exemption shall:
    1. have an established safety management system, as demonstrated by the most recent review that meets the requirements of a review required under subsection 604.207(4) of the CARs;
    2. have an established quality assurance program, as demonstrated by the most recent audit that meets the requirements of an audit required under subsection 604.206(4) of the CARs;
    3. if converting from a subpart 604 of the CARs program to the program defined in this exemption, conduct a risk assessment to assess and mitigate the risks associated with the hazard of adopting a new training program;
    4. make available to Transport Canada, upon request, the results of:
      1. the review of the safety management system requested in 1) a) of this section;
      2. the audit of the quality assurance requested in 1) b) of this section; and
      3. the risk assessment requested in 1) c) of this section.
  2. Persons acting as pilot-in-command or second-in-command utilizing this exemption must hold a valid type rating for each type of aircraft for which certification of proficiency is accomplished under this exemption.

Conditions

This exemption is subject to the following conditions:

  1. Private operators utilizing this exemption shall:
    1. use a training program that:
      1. is operator specific, where all phases of training are based on the operator’s equipment, environment and activities;
      2. is designed to mitigate the risks to pilot aircraft operation training identified by the company risk profile required under subparagraph 604.203(1)(c)(ii) of the CARs;
      3. meets the knowledge and experience requirements currently required by subpart 604 Private Operators;
      4. consist of 3 phases where:
        1. Phase 1 consists of:
          1. a LOFT conducted in real time where pilots demonstrate a level of proficiency sufficient to successfully complete a competency check as described in subsection 604.143(3) of the CARs;
          2. additional training, as required, if pilots unable to demonstrate in the Phase 1 LOFT a level of proficiency sufficient to successfully complete a competency check as described in subsection 604.143(3) of the CARs;
          3. additional LOFT(s), until pilots demonstrate a level of proficiency sufficient to successfully complete a competency check as described in subsection 604.143(3) of the CARs;
        2. Phase 2 consists of:
          1. a review of the weak areas uncovered in Phase 1;
          2. a practice of manoeuvres required by Division IV-Flight Operations-Special Authorizations for the special authorizations issued to the private operator; and
          3. the management of threats derived from the company risk profile;
        3. Phase 3 consists of a LOFT conducted in real-time where flight crews demonstrate proficiency in those areas, manoeuvres and threats covered in Phase 2;
    2. utilize the services of a training provider that:
      1. has an established quality assurance system;
      2. utilizes the services of instructors/evaluators that meet the requirements of CAR paragraphs 604.143(4)(a), (b) and (c) of the CARs or subsection 604.143(5) of the CARs;
      3. utilizes level C or D simulators equipped and configured to match the aircraft used by the private operator or as otherwise permitted in subpart 604;
      4. ensures that any pilot that does not already hold a valid type rating or fails to demonstrate the level of proficiency required by Phase 1 of the training program completes all training requirements required by the exemptionand successfully completes apilot competency check that meets the requirements of paragraph 604.143(1)(e) of the CARs; and
      5. ensure that, by the end of phase 3, pilots are trained to proficiency; and
      6. provides to the private operator, at the successful conclusion of training, certification of pilot proficiency.
  2. Persons acting as pilot-in-command or second-in-command for a private operator using this exemption shall, for each type of aircraft for which these persons do not hold a valid type rating and for which this exemption is sought:
    1. complete the training required by this exemption; and
    2. successfully complete apilot competency check that meets the requirements of paragraph 604.143(1)(e) of the CARs.

Validity

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

  1. The date on which any conditions set out in this exemption is breached;
  2. The date on which an amendment to the appropriate provisions of the CARs modifying the subject-matters specifically addressed in this exemption, comes into effect;
  3. 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.

DATED at Ottawa, Ontario this 23rd day of August 2016 on behalf of the Minister of Transport.

“Original signed by”

Denis Guindon
Director General, Aviation Safety Oversight and Transformation
Civil Aviation

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