NCR-045-2020
Pursuant to subsection 5.9(2) of the Aeronautics Act, and after having taken into account that this exemption is in the public interest and is not likely to adversely affect aviation safety or security, I hereby exempt all flight test candidates with outstanding or uncompleted partial flight tests on March 11, 2020, from the requirements of subsections 408.18(2) and (3) of the Canadian Aviation Regulations (CARs), subject to the conditions set out below.
Subsection 408.18(2) of the CARs states that a candidate who fails not more than two air flight test items described in Schedules 1 to 7 to the flight testing standards may take a re-test of each failed item within either 60 days after the date of the failed test, in the case of a flight test described in Schedule 1 to those standards, or 30 days after the date of the failed test, in the case of a flight test described in Schedules 2 to 7 to those standards.
Subsection 408.18(3) of the CARs states that a candidate who fails not more than one air flight test item described in Schedule 8 to the flight testing standards may take a re-test of the failed item within 30 days after the date of the failed test.
The above mentioned provisions are reproduced in full in Appendix A.
Purpose
As the COVID-19 situation continues to evolve and the closing of all flight schools and social distancing has been ordered by Provincial and Municipal governments, this exemption would allow all flight test candidates with uncompleted partial flight tests to complete the partial flight tests beyond the 30-day limitation imposed by subsections 408.18(2) or (3) of the CARs, as applicable. Partial flight tests may be conducted within the 30 days following the rescinding of said prohibitions or orders, but in any case no later than September 1, 2020.
The purpose of this global exemption is to adopt temporary measures in the public interest to reduce the potential of person to person transmission following the declaration of a pandemic outbreak of novel coronavirus (COVID-19) by the World Health Organization (WHO) on March 11, 2020.
Application
This global exemption applies only to flight test candidates with outstanding or uncompleted partial flight tests on March 11, 2020.
This global exemption ceases to apply to a flight test candidate that breaches the conditions of this exemption.
Conditions:
This global exemption is subject to the following condition(s):
- Flight test candidates with outstanding uncompleted partial flight tests, pursuant to the terms and conditions of this exemption, shall comply with the CARs in all respects. The CARs shall continue to apply in all respects other than the specific exemption set out herein, or any other applicable exemption issued by the Minister of Transport.
- Following the rescinding of prohibitions or orders concerning the COVID-19 virus, a candidate for a partial flight test item shall receive additional or remedial training prior to the conduct of a partial flight test.
- Partial flight tests shall be conducted within the 30 days following the rescinding of said prohibitions or orders, but in any case no later than September 1, 2020.
Validity:
This exemption is in effect until the earliest of the following:
- September 1, 2020, at 23:59 (EDT); or
- The 30th day following the rescinding/cancellation of flight school closures and social distancing recommendations authorized by governmental bodies, at 23:59 (EDT);
- The date on which the 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 or security.
DATED at Ottawa, Ontario, this 9th day of April, 2020, on behalf of the Minister of Transport.
“Original signed by”
Nicholas Robinson
Director General, Civil Aviation, Transport Canada
Appendix A
Pertinent provisions of the Canadian Aviation Regulations
Failure and Re-test — Schedules 1 to 8 to Flight Testing Standards
408.18 (1) In the case of a flight test conducted in accordance with Schedules 1 to 8 to the flight testing standards, a candidate fails the flight test if
- (a) the candidate’s performance of an item includes deviations that are repeated or that the candidate either does not recognize or does not correct in a timely manner;
- (b) the candidate’s handling of the aircraft is rough or includes uncorrected or excessive deviations from specified tolerances;
- (c) the candidate, as a result of a pilot error or faulty handling of the aircraft, exceeds by more than double the deviation tolerances specified in the table to section 4 of Schedules 1 to 8 of those standards, even if a correction is made;
- (d) the candidate does not demonstrate the level of technical proficiency or knowledge necessary to carry out the functions of a holder of a licence, permit or rating;
- (e) the candidate has lapses in situational awareness that are not identified or corrected;
- (f) the candidate’s flight management skills are ineffective; or
- (g) the safety of the flight is compromised.
(2) A candidate who fails not more than two air flight test items described in Schedules 1 to 7 to the flight testing standards may take a re-test of each failed item within:
- (a) 60 days after the date of the failed test, in the case of a flight test described in Schedule 1 to those standards; or
- (b) 30 days after the date of the failed test, in the case of a flight test described in Schedules 2 to 7 to those standards.
(3) [...]
(4) [...]