EXEMPTION FROM SUBSECTION 703.91(1) OF THE CANADIAN AVIATION REGULATIONS

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 Canadian air operators and flight crew members from subsection 703.91(1) of the Canadian Aviation Regulations (CARs), subject to the following conditions. 

This subsection stipulates that, subject to subsections 703.91(2) and 703.91(3), the validity period of a Pilot Proficiency Check (PPC), a Competency Check and the Annual Training referred to in section 703.98 of the CARs, expires on the first (1st) day of the thirteenth (13th) month following the month in which the PPC, the Competency Check or the Annual Training was completed.

PURPOSE

The purpose of this exemption is to provide a transition period during which air operators engaged in operations regulated under Subpart 703 of the Canadian Aviation Regulations will be able to structure their pilot training and checking programmes to revert back to the annual requirements specified in Subpart 703 of the regulations.

This transitional exemption permits “training in lieu” of a PPC to continue until 15 June 2011 or the date on which the validity period of a PPC expires whichever date comes first in a manner similar to that provided in the exemption to CAR 703.91(1) dated 04 December 2008. Upon the expiry of this exemption, all air operators subject to Subpart 703 will be required to meet the annual PPC requirements as specified in the Canadian Aviation Regulations.

APPLICATION

This exemption applies to Canadian air operators and to flight crew members engaged in providing a commercial air service under Subpart 703 who hold a valid PPC completed prior to June 15, 2010.

CONDITIONS

This exemption is subject to the following conditions:

  1. The validity period for PPCs conducted after 15 June 2010 expires on the first day of the thirteenth month following the month in which the pilot proficiency check is completed. 
  2. Subject to condition 4, the validity period for PPCs conducted on or before to 15 June 2010 will expire on the first day of the twenty-fifth month following the month in which the PPC was completed.  Where an air operator has been authorized aeroplane groupings for PPCs (renewal only), the validity period of the PPC grouping based on a PPC conducted on or before to 15 June 2010 shall be to the first day of the twenty-fifth month following the month in which the PPC was completed.
  3. Annual training shall continue to be required in accordance with section 703.98 of the CARs, section 723.98 of the Commercial Air Service Standards (CASS) and, for aeroplanes, subparagraph 723.88(1)(i)(ii) of the CASS.
  4. In addition to the training specified in condition 3, to retain validity of the PPC beyond the first day of the thirteenth month following the PPC, a training flight of 1.0 to 1.5 hours shall be completed on and before June 15, 2011. All training in lieu of a PPC must be completed within ninety days prior to the first day of the thirteenth month following the month in which the PPC was completed. 
  5. Operators conducting only Visual Flight Rules (VFR) operations should use this training flight to focus on areas of identified weakness for each pilot.
  6. Operators conducting Instrument Flight Rules (IFR) operations must place emphasis on:
    • non precision approaches;
    • holds;
    • precision approaches; and
    • missed approaches with power loss.
  7. The Chief Pilot shall be responsible for the training required by this exemption.  Where a pilot has not demonstrated competency on one or more items in the training program, supplementary training shall be provided. The supplementary training shall be sufficient to ensure the pilot has demonstrated competency in all required items. The Chief Pilot, or a pilot delegated by the Chief Pilot, shall certify the competency of each pilot for all items contained in Schedule I of section 723.88 of the CASS (Aeroplane) or the schedule in section 723.88 of the CASS (Helicopter) upon completion of the training.
  8. The air operator shall provide flight crew members with documentary proof of pilot qualifications signed by the Chief Pilot or a pilot delegated by the Chief Pilot to confirm that “a training flight has been completed in lieu of a PPC.” and carried at all times while a pilot is exercising the privileges granted by this exemption. This record should be included on pages 13 and 14 of the pilot’s Aviation Document Booklet or in the form of a card that lists, at the minimum, the type of aircraft, the name and licence number of the pilot who certifies competency, and the expiry date of the PPC. Additional training information may be included on the card if desired. A sample “Flight Crew Member Record of Training” card is attached at Appendix “A” to this exemption.
  9. Extensions in accordance with subsection 703.91(3) of the CARs to the validity period of a PPC, a Competency Check and the annual training shall not be permitted for any PPC for which the validity period extends beyond the first day of the thirteenth month following the month in which the PPC was completed.

VALIDITY

This exemption comes into effect on June 16, 2010 at 00:01 EST until the earliest of the following:

  1. June 15, 2011 at 23:59 EDT;
  2.  the date on which any of the conditions set out in this exemption is breached;
  3.  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 that it is likely to affect aviation safety.

Dated at Ottawa, Ontario, Canada this _____th day of ______ , 2010, on behalf of the Minister of Transport.

[original signed by Martin J. Eley on June 15th 2010]

Martin J. Eley
Director General
Civil Aviation

Attach.


 

 

APPENDIX “A”

 

FLIGHT CREW MEMBER
RECORD OF TRAINING
This record shall be available for review when engaged in Flight Operations

Name:

 

 

 

 

Licence No.

 

 

 

Employer:

 

 

 

 

 

 

 

 

Date Valid to
  Y        M        D

Aircraft Type

PPC

CAR 703 Training in Lieu of PPC

CAR 703 Competency Check

Check Pilot Name

Licence No.

ACP/TC

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ACP: Approved Check Pilot

TC: Transport Canada Check Pilot

PPC: Pilot Proficiency Check

NOTE: This card is a sample only.  Air operators are free to create a training record form, which contains additional information or use a different format provided that the minimum information required for the type of operation is included.

Date de modification :