Exemption from paragraphs 606.03(5)a) and 606.03(6)a) of the Canadian Aviation Regulations and paragraphs 2.4.1 and 4.4.2 of the Aeroplane and Rotorcraft Simulator Manual (TP 9685)

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 affect aviation safety, I hereby exempt operators of flight simulator and flight training device equipment (hereinafter referred to as "the operators") from the requirements of paragraphs 606.03(5)(a) and (6)(a) of the Canadian Aviation Regulations (CARs) and paragraphs 2.4.1 and 4.4.2 of the Aeroplane and Rotorcraft Simulator Manual (TP9685) made pursuant to subsection 606.03(2) of the CARs, subject to the conditions stipulated herein.
The requirements of paragraphs 606.03(5)(a) and (6)(a) of the CARs and paragraphs 2.4.1 and 4.4.2 of the Aeroplane and Rotorcraft Simulator Manual (TP9685) are detailed in Appendix A to this exemption.

PURPOSE

The purpose of this exemption is:

1. To increase the validity period of a flight simulator certificate or flight training device certificate issued pursuant to subsection 606.03(2) of the CARs, and held by the operators from 6 to 12 months, and
2. To allow recurrent evaluations to be conducted annually instead of every six months for both simulators and flight training device.

APPLICATION

This exemption applies to the operators holding a flight simulator certificate or a flight training device certificate pursuant to subsection 606.03(2) of the CARs, where the flight simulator or flight training device is operated and maintained in accordance with a fully implemented and independently audited Quality Program that has been recognized, and approved by the:

1. Federal Aviation Administration (FAA) pursuant to Federal Aviation Requirements (FAR) Part 60 Amendment 1 and subsequent amendments; or
2. Joint Aviation Authorities (JAA) pursuant to Joint Aviation Requirements (JAR) STD 1A, Change 1 and subsequent amendments.

CONDITIONS

This exemption is subject to the following conditions:

1. The operators shall provide documented evidence their Quality Program has been audited by the FAA, JAA, and/or an independent “third-party” audit agency recognized by the FAA and/or JAA;
2. The operators shall provide documented evidence that their Quality Program has been approved by the FAA and/or JAA as being compliant with the FAR Part 60.5, Amendment 1 and/or the JAR STD 1A.025, Change 1 or subsequent amendments;
3. The operators shall identify which devices are subject to their FAA and/or JAA approved Quality Program or are operated and maintained under the procedures and practices of that program;
4. The operators shall provide a minimum six (6) hours access to the device during normal working hours for the conduct of a TC annual re-evaluation;
5. Annual re-evaluations shall consist of:
   1. A review of a sampling of Qualification Test Guide (QTG) recurrent validation tests run on the device by the operators during the preceding year,
   2. Re-runs on the device of up to 20% of the QTG validation tests to include both automatic and manual testing, and
   3. A minimum of three (3) hours of subjective evaluation of the device;
6. The operators shall forward performance measurement reports, as submitted to the FAA and/or JAA, to the Manager, Simulator Program or any other reports with respect to those performance measurement reports requested by the Manager, Simulator Program;
7. The operators shall provide access to, or copies of defect logs for the device in a manner that is acceptable to the Manager, Simulator Program for periodic reviews;
8. The operators shall forward, in a timely manner, any audit findings pertaining to their Quality Program or the results of any recurrent and/or special evaluation conducted on any device by the FAA and/or JAA to the Manager, Simulator Program;
9. The operators’ Quality Program procedures, practices, processes and documentation may be subject to periodic, and possibly no-notice reviews by TC at times other than those scheduled for re-evaluations;
10. The operators shall provide access to any scheduled pilot training session in a device for the purpose of assessing the operation and performance of that device.  Such assessments will be conducted on a non-interference basis but may be no-notice;
11. The requirements for TC upgrade-evaluations are not affected by this exemption;
12. During the period of this exemption, TC shall not conduct any audit of the operators’ Quality Program on behalf of the FAA and/or JAA; and
13. No other requirements of CAR 606.03 and/or TP9685 are affected by this exemption and remain in effect.
14. Flight simulator and flight training device certificates subject to this exemption shall remain in force until the first day of the thirteenth month following the month in which the flight simulator or flight-training device was evaluated.

VALIDITY

This exemption is in effect until the earliest of:

1. The date on which Revision 3 of the Aeroplane And Rotorcraft Simulator Manual (TP9685) comes into effect;
2. The date on which an amendment related to the subject matter and purpose of this exemption modifying paragraphs 606.03(5)(a) and (6)(a) of the Canadian Aviation Regulations (CARs) and paragraphs 2.4.1 and 4.4.2 of the Aeroplane and Rotorcraft Simulator Manual (TP9685) or other related sections of the CARs or standard come into effect;
3. The date on which any of the conditions set out in this exemption is breached; or
4. The date on which this exemption is canceled in writing by the Minister, where he is of the opinion that it is no longer in the public interest, or it is likely to affect aviation safety.

Dated at Ottawa, this 14th day of July 2006, on behalf of the Minister of Transport, Infrastructure and Communities.

Original signed by J. Rutherford for
Merlin Preuss
Director General
Civil Aviation

APPENDIX A

606.03 Synthetic Flight Training Equipment

606.03 (1) No person shall use synthetic flight training equipment for pilot training or a pilot proficiency check required pursuant to Part IV, this Part or Part VII unless there is in force in respect of that equipment a flight simulator certificate or flight training device certificate issued pursuant to subsection (2) or an equivalent approval or certificate issued under the laws of a foreign state with which Canada has an agreement respecting such equipment.

(2) The Minister shall, where it is determined that the synthetic flight training equipment meets the standards set out for that equipment in the Aeroplane and Rotorcraft Simulator Manual, issue to the operator of that equipment a flight simulator certificate or flight training device certificate.

(3) A certificate issued pursuant to subsection (2) shall set out the following information:

1. the name of the operator of the synthetic flight training equipment;
2. the type, model or series number of aircraft represented;
3. the qualification level of the synthetic flight training equipment; and
4. the date of issuance of the certificate.

(4) No certificate issued pursuant to subsection (2) remains in force unless the synthetic flight training equipment in respect of which the certificate has been issued

1. maintains the performance, function and other characteristics that are required for the issuance of the certificate, except in the cases set out in the Simulator Component Inoperative Guide  (SCIG);
2. is maintained in accordance with the procedures set out in the Aeroplane and Rotorcraft Simulator Manual; and
3. is changed as required, where the aircraft type, model or series number represented by the synthetic flight training equipment undergoes a change as a result of the issuance of an airworthiness directive or an amendment to this Part or Part VII that affects the training being conducted.

(5) A certificate issued pursuant to subsection (2) remains in force where the synthetic flight training equipment in respect of which the certificate has been issued is re-evaluated

1. in the case of a flight simulator, at least every six months; or
2. in the case of a flight training device, at least every 12 months.

(6) Subject to subsection (7), the certificate referred to in subsection (5) remains in force

1. in the case of a flight simulator, until the first day of the seventh month following the month in which the flight simulator was evaluated; or
2. in the case of a flight training device, until the first day of the thirteenth month following the month in which the flight training device was evaluated.

(7) The Minister may extend the period in respect of which a flight simulator certificate or a flight training device certificate is in force by up to 60 days where the Minister is of the opinion that aviation safety is not likely to be affected.

Aeroplane and Rotorcraft Simulator Manual (TP9685)

2.4.1 For a simulator to retain its qualification, it shall be evaluated on a recurring basis using the currently approved MQTG. Recurrent evaluations shall be accomplished every six months by TC. This schedule relies on operator-conducted, quarterly checks which include approximately one fourth of the validation tests in the MQTG each quarter. These quarterly validation tests should be accomplished on an evenly distributed basis throughout the quarter. However, in certain circumstances, alternate arrangements may be authorized after coordination with th e MSP. The tests accomplished during the quarter in which the evaluation is to occur, and those accomplished in the previous quarter, will be attested to by the operator and reviewed by the Evaluation Specialist at the outset of each scheduled recurrent evaluation. This ensures that the MQTG will be completed annually.

4.4.2 The recurrent evaluations will be planned for every six months with approximately one-half of the validation tests in the MQTG accomplished each time. This will allow all MQTG tests to be accomplished annually. For levels 2, 3 and 4, the interval may be based on annual evaluations by TC with all MQTG tests accomplished at each successive evaluation.

Date de modification :

2007-03-2