Exemption from Section 401.30 of the Canadian Aviation Regulations and Subsection 421.30(5) of the Personnel Licensing and Training Standards

Pursuant to subsection 5.9(2) of the Aeronautics Actand after taking into consideration that the exemption is in the public interest and is not likely to affect aviation safety, I hereby exempt all persons who are graduates of a Commercial Pilot Licence – Aeroplane / Instrument Rating (CPL(A)IR) Integrated Course or an Airline Transport Pilot Licence (ATP(A)) Integrated Course and are applying for a commercial pilot licence - aeroplane from the obligation to successfully complete a flight test within the 12 months preceding the date of application for the licence, as outlined in subsection 421.30(5) of the Personnel Licensing and Training Standards made pursuant to Section 401.30 of the Canadian Aviation Regulations.

Subsection 421.30(5) of the Personnel Licensing and Training Standards requires that “Within the 12 months preceding the date of application for the licence, an applicant for a commercial pilot licence – aeroplane shall successfully complete a flight test to the standard outlined in the Flight Test Guide - Commercial Pilot Licence – Aeroplane  (TP13462E)”.

Purpose

The purpose of this ministerial exemption is to permit graduates of CPL(A)IR or ATP(A) integrated courses, conducted in accordance with section 426.75 of the Personnel Licensing and Training Standards, to apply for the commercial pilot licence - aeroplane when the 12 month time limit after the successful completion of the flight test required by 421.30(5) has passed.  These courses are approved with prescriptive time limits of 12 to 36 months and graduates are prevented from applying for the licence until they have received a course completion certificate.  Within the structure of these courses, the most logical and appropriate placement of the commercial pilot licence flight test is not necessarily within the 12-month period prior to licence application.

Application

This ministerial exemption applies to all persons who are graduates of CPL(A)IR or ATP (A) integrated courses and are applying for a commercial pilot licence – aeroplane when the 12-month time limit after the successful completion of the flight test required by 421.30(5) has passed.

Condition

This ministerial exemption is subject to the following condition:

  1. Graduates of a Commercial Pilot Licence – Aeroplane / Instrument Rating (CPL(A)IR) Integrated Course or an Airline Transport Pilot Licence (ATP(A)) Integrated Course must:
    1. apply for the commercial pilot licence – aeroplane no later than 12 months following the successful completion of a Commercial Pilot Licence – Aeroplane / Instrument Rating (CPL(A)IR) Integrated Course or the Airline Transport Pilot Licence (ATP(A)) Integrated Course; and
    2. submit proof of that completion with the Application for Flight Crew Permit/Licences.

Validity

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

  1. 23:59 EDT on September 1st, 2010;
  2. the date on which the condition set out in this exemption is breached;
  3. the date on which an amendment to the appropriate provisions of the CARs comes into effect; or
  4. 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 affect aviation safety.

 

Dated at Ottawa, Ontario, Canada, this 24th day of April, 2009, on behalf of the Minister of Transport, Infrastructure and Communities.

Original signed by Don Sherritt

Don Sherritt
Director
Standards Branch

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