EXEMPTION FROM SUBPARAGRAPH 421.40(3)(a)(iii) OF THE FLIGHT CREW PERMITS, LICENCES AND RATINGS STANDARDS MADE PURSUANT TO SECTION 401.40 OF THE CANADIAN AVIATION REGULATIONS (CARS)

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 affect aviation safety, I hereby exempt the applicants for an individual type rating who are employed by the holder of a private operator certificate issued by the Canadian Business Aviation Association (CBAA), from the requirements of subparagraph 421.40(3)(a)(iii) of the Flight Crew Permits, Licences and Ratings Standards made pursuant to section 401.40 of the Canadian Aviation Regulations (CARs). This exemption is subject to the following conditions.

Subparagraph 421.40 (3)(a)(iii) of the Flight Crew Permits, Licences and Ratings Standards states that an applicant shall have passed a pilot proficiency check conducted in accordance with Part VI or Part VII of the CARs for that aeroplane type within the 12 months preceding the application for the rating or passed a pilot proficiency check acceptable to the Minister for that aeroplane type within 12 months preceding the application for the rating.

Purpose

The purpose of this exemption is to allow applicants for an individual type rating to demonstrate the skill requirement through the completion of a pilot training and proficiency system program approved by the CBAA and conducted in accordance with the operational safety standards contained in the Canadian Business Aviation Association Private Operator Certificate Procedures Manual.

Application

This exemption applies only to the pilots employed by a private operator who holds a Private Operator Certificate (POC) issued by the CBAA and who has an approved pilot training and proficiency system program.

Conditions

This exemption is subject to the following conditions:

1. In order to have an individual type rating endorsed on his or her pilot licence, the pilot shall successfully complete the pilot training and proficiency system program approved by the CBAA.
2. This program shall be completed within 12 months preceding the application for the individual type rating.
3. The chief pilot designated by the private operator shall certify to the CBAA that the pilot is proficient in accordance with the requirements of the CBAA Private Operator Certificate Procedures Manual.
4. The chief pilot designated by the private operator shall forward the certification and appropriate documentation to the CBAA Director of Technical Services in accordance with the procedures established in the CBAA Private Operator Certificate Manual and the CBAA Policy & Internal Procedures Manual.
5. The CBAA director of Technical Services shall certify that the training and licensing standards are met and forward the appropriate documentation to the Minister. This will constitute the formal application for an individual type rating.

Validity

This exemption comes into effect on January 1, 2004, and is in effect until the earliest of the following:

1. 23:59 (EST) on January 31, 2005;
2. the date on which any one of the conditions set out in this exemption is breached;
3. the date on which an amendment to the appropriate provisions of the Canadian Aviation Regulations comes into effect; or
4. the date on which this exemption is cancelled in writing by the Minister, where he is of the opinion it is no longer in the public interest, or is likely to have an adverse affect on aviation safety.

Dated at Ottawa, Canada this 17^th day of November 2003,on behalf of the Minister of Transport.

 

Original signed by Franz Reinhardt

for

Merlin Preuss
Director General
Civil Aviation

Date de modification :

2005-05-1