EXEMPTION FROM SUBSECTION 402.01(2) OF THE CANADIAN AVIATION REGULATIONS AND PARAGRAPH 422.03 GENERAL (1)(b) AND SUBPARAGRAPHS RATINGS (1)(b)(i), (2)(b)(i), (3)(b)(i) AND (4)(b)(i) OF SUBPART 422 – PERSONNEL LICENCING AND TRAINING STANDARDS RESPECTIN...

Pursuant to subsection 5.9(2) of the Aeronautics Act, and after having taken into account that the exemption is  in the public interest and is not likely to affect aviation safety, I hereby exempt NAV CANADA, 77 Metcalfe Street, Ottawa, Ontario K1P 5L6 and all air traffic controllers working for hire or reward for NAV CANADA from the requirements of the Personnel Licencing And Training Standards Respecting Air Traffic Controller Licences And Ratings paragraph 422.03 General (1)(b) and subparagraphs Ratings (1)(b)(i), (2)(b)(i), (3)(b)(i) and (4)(b)(i) made pursuant to subsection 402.01(2) of the Canadian Aviation Regulations (CARs), subject to the following conditions.

The text of the above mentioned provisions are attached at  Appendix 1 to this exemption.

PURPOSE

This exemption permits NAV CANADA and all air traffic controllers working for hire or reward for NAV CANADA to:

1. obtain an ATC licence without completing the tests and examinations of ATC training courses during the 12 month period immediately preceding the date of issue of a licence, or
2. the endorsement of an Airport Control Rating, a Terminal Control Rating, an Area Control Rating or an Oceanic Control Rating having successfully completed ATC training courses administered by an institution that is recognized by the Minister as being qualified to administer such training without the limitation of completing this training within 12 months of receiving the endorsement.

APPLICATION

This exemption applies to NAV CANADA and all air traffic controllers working for hire or reward for NAV CANADA if obtaining licences with endorsements or endorsements for Airport Control Rating, Terminal Control Rating, Area Control Rating or Oceanic Control Rating.

CONDITIONS

The exemption is subject to the following conditions:

1. All tests and examinations shall be completed prior to the issuance of a licence,
2. After successful completion of the ATC training courses, continuous knowledge and skill shall be achieved and maintained in the unit qualification training program,
3. Proof of such knowledge and skill maintenance must be demonstrated, and,
4. There shall not be any continuous break in the unit qualification training program of more than 3 months.

VALIDITY

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

1. June 30, 2008 at 23:59 EDT;
2. The date on which the amendment to the appropriate provisions of the Canadian Aviation Regulations or related standards come into effect;
3. The date on which any of the conditions set out in this exemption is breached;
4. The date on which this exemption is cancelled, in writing, by the Minister of Transport, where he is of the opinion that it is no longer in the public interest or that it is likely to affect aviation safety.

DATED at Ottawa, Ontario, Canada, this 3rd day of novembre, 2006, on behalf of the Minister of Transport, Infrastructure and Communities.

Original signed by D. Sherritt

D. B. Sherritt
Director
Aerodromes and Air Navigation
Civil Aviation
Transport Canada

APPENDIX 1

402.01 (2) Any reference in this Subpart to the personnel licensing standards is a reference to the Personnel Licensing and Training Standards Respecting Air Traffic Controller Licences and Ratings.

422.03 Issue and Endorsement of Air Traffic Controller Licences and Ratings

General

(1) An applicant shall, during the twelve month period immediately preceding the date of issue of a licence:

2. complete all tests and examinations for issuance of a licence.

Ratings

An applicant shall demonstrate the level of knowledge, judgement, experience and skill for the endorsement of the Rating applied for as follows:

(1) Airport Control Rating

2. Experience

During the twelve months preceding the endorsement of an Airport Control Rating, the applicant shall have:

1. successfully completed Air Traffic Control training courses administered by an institution that is recognized by the Minister as being qualified to administer such training pursuant to the appropriate training document; and

(2) Terminal Control Rating

2. Experience

During the twelve months preceding the endorsement of a Terminal Control Rating, the applicant shall have:

1. successfully completed ATC training courses administered by an institution that is recognized by the Minister as being qualified to administer such training; and

(3) Area Control Rating

2. Experience

During the twelve months preceding the endorsement of an Area Control Rating, the applicant shall have:

1. successfully completed ATC training courses administered by an institution that is recognized by the Minister as being qualified to administer such training; and

(4) Oceanic Control Rating

2. Experience

During the twelve months preceding the endorsement of an Oceanic Control Rating, the applicant shall have:

1. successfully completed ATC training courses administered by an institution that is recognized by the Minister as being qualified to administer such training;