Canada Gazette, Part I, Volume 147, Number 8: Regulations Amending the Canadian Aviation Regulations (Part IV)

February 23, 2013

Statutory authority

Aeronautics Act

Sponsoring department

Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues and objectives

In recognition of the significant advances in technology and the increased complexity of pilots' work environment, the International Civil Aviation Organization (ICAO) amended its personnel licensing standards and recommended practices in 2006 to introduce a new competency-based commercial pilot licence, the multi-crew pilot licence — aeroplane, which permits holders to act as co-pilots for an air carrier while operating complex modern transport category aircraft.

Other civil aviation authorities have already amended their regulations (e.g. the United Kingdom, Germany, Sweden, Switzerland) to allow multi-crew pilot licence — aeroplane training. Foreign flight training operators are already providing training towards this licence to their commercial pilot candidates and to international candidates.

Currently, the Canadian Aviation Regulations do not allow Canadian flight training operators to provide this alternative path to a commercial pilot licence. Canadian flight training operators providing commercial training to foreign candidates are unable to compete with foreign operators and risk losing a segment of their industry.

These proposed amendments would introduce the multi-crew pilot licence — aeroplane in Subpart 401 of the Canadian Aviation Regulations.

The International Civil Aviation Organization has also revised its standards regarding the validity periods of medical certificates used to validate the commercial pilot licence and the airline transport pilot licence for pilots under 60 years of age. The current Regulations are not in line with the ICAO standards for validity periods of these medical certificates.

The medical certificate validity periods table in subsection 404.04(6) was not updated when the passenger-carrying rating — ultra-light aeroplane was introduced in 2005.

Currently, under section 401.10 Crediting of Flight Time Acquired by a Co-pilot, the holder of a pilot licence cannot be credited more than 50% of co-pilot flight time towards the total flight time required for the issuance of a higher class of pilot licence. ICAO's standards allow the crediting in full of co-pilot flight time towards the total flight time required for the issuance of a higher class of pilot licence. These proposed amendments would align the Canadian regulation regarding the crediting of flight time acquired by a co-pilot to ICAO's standards.

Description and rationale

The proposed amendments to Part ⅠV Personnel Licensing and Training of the Canadian Aviation Regulations would

  • — introduce a new flight crew licence in Subpart 401, which would provide a modern alternative to current flight training practices and provide the Canadian flight training sector that provides commercial pilot training to foreign students with access to this segment of the market;
  • — extend the validity period from 6 months to 12 months for a category 1 medical certificate that is used to validate a commercial pilot licence or an airline transport pilot licence for a multi-crew operation when the pilot is 40 years of age or more and under 60 years of age;
  • — extend the validity period from 6 months to 12 months for a category 1 medical certificate that is used to validate a commercial pilot licence or an airline transport pilot licence for a single pilot operation without passengers on board when the pilot is 40 years of age or more and under 60 years of age;
  • — insert the validity period for the medical certificate used to validate the passenger-carrying rating — ultra-light aeroplane in the medical certificate validity periods table in subsection 404.04(6); and
  • — repeal section 401.10 so as to allow the Minister to credit the holder of a pilot licence for 100% of co-pilot flight time towards the total flight time required for the issuance of a higher class of pilot licence and harmonize Canadian requirements with the ICAO's equivalent standards.

The changes to category 1 medical certificate validity periods are necessary to meet ICAO's medical certificate validity period standards.

There is no change to the six-month medical validity period for a category 1 medical certificate that is used to validate a commercial pilot licence or an airline transport pilot licence that is used in a single pilot operation with passengers on board when the pilot is over 40 years of age.

Consultation

These proposed amendments were presented to a special meeting of the Personnel Licensing and Training Technical Committee of the Canadian Aviation Regulation Advisory Council (CARAC) in September 2008. Members of this committee include representatives of Government, aircraft manufacturers (e.g. Boeing), training organizations (e.g. CAE), pilot associations (e.g. Air Line Pilots Association [ALPA]; the Canadian Owners and Pilots Association [COPA]; the Ultralight Pilots Association of Canada [UPAC]), unions (e.g. Teamsters Canada), and operator associations (e.g. Air Transport Association of Canada [ATAC]). Following discussions, the proposed amendments received a unanimous acceptance by all in attendance.

“One-for-One” Rule

The “One-for-One” Rule does not apply to this proposal, as there is no change in administrative costs to business.

Implementation, enforcement and service standards

These proposed amendments would come into force 60 days after the day on which they would be published in the Canada Gazette, Part Ⅱ.

These proposed amendments would be enforced through suspension or cancellation of a Canadian aviation document or through judicial action introduced by way of summary conviction as per section 7.3 of the Aeronautics Act.

Contact

Chief
Regulatory Affairs (AARBH)
Safety and Security
Transport Canada
Place de Ville, Tower C
Ottawa, Ontario
K1A 0N5
Telephone (general inquiries): 613-993-7284 or 1-800-305-2059
Fax: 613-990-1198
Web site: www.tc.gc.ca

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council, pursuant to section 4.9 (see footnote a) of the Aeronautics Act (see footnote b), proposes to make the annexed Regulations Amending the Canadian Aviation Regulations (Part ⅠV).

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice. Each representation must be in writing and be sent to the Chief, Regulatory Affairs (AARBH), Civil Aviation, Safety and Security Group, Department of Transport, Place de Ville, Tower C, 330 Sparks Street, Ottawa, Ontario K1A 0N5 (general inquiries — tel.: 613-993-7284 or 1-800-305-2059; fax: 613-990-1198; Internet address: http://www.tc.gc.ca).

Ottawa, February 14, 2013

JURICA ČAPKUN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE CANADIAN
AVIATION REGULATIONS (PART IV)

AMENDMENTS

1. Section 401.02 of the Canadian Aviation Regulations (see footnote 1) and the heading before it are replaced by the following:

[401.02 reserved]

2. Paragraph 401.03(2)(b) of the Regulations is replaced by the following:

  • (b) no passenger is carried on board the aircraft.

3. Section 401.10 of the Regulations and the heading before it are replaced by the following:

[401.10 reserved]

4. Section 401.19 of the Regulations is replaced by the following:

401.19 (1) The holder of a student pilot permit may act as pilot-in-command of an aircraft of the category for which the permit is endorsed if

  • (a) the flight is conducted for the purpose of the holder's flight training;
  • (b) the flight is conducted in Canada;
  • (c) the flight is conducted under day VFR;
  • (d) the flight is conducted under the direction and supervision of a person qualified to provide training toward the permit, licence or rating for which the pilot-in-command experience is required; and
  • (e) no passenger is carried on board.

(2) Despite paragraph (1)(c), the holder of a student pilot permit who is enrolled in an integrated course may act as pilot-in-command during a flight that is conducted under day or night VFR.

5. Clause 401.20(b)(ii)(B) of the Regulations is replaced by the following:

  • (B) no passenger is carried on board.

6. Clause 401.21(d)(ii)(B) of the Regulations is replaced by the following:

  • (B) no passenger is carried on board.

7. Clause 401.22(c)(ii)(B) of the Regulations is replaced by the following:

  • (B) no passenger is carried on board.

8. Clause 401.23(b)(ii)(B) of the Regulations is replaced by the following:

  • (B) no passenger is carried on board.

9. Clause 401.24(c)(ii)(B) of the Regulations is replaced by the following:

  • (B) no passenger is carried on board.

10. Clause 401.25(b)(ii)(B) of the Regulations is replaced by the following:

  • (B) no passenger is carried on board; and

11. Clause 401.26(c)(ii)(B) of the Regulations is replaced by the following:

  • (B) no passenger is carried on board.

12. Clause 401.27(b)(ii)(B) of the Regulations is replaced by the following:

  • (B) no passenger is carried on board.

13. The reference “[401.32 and 401.33 reserved]” after section 401.31 of the Regulations is replaced by the following:

Division VII.1 — Multi-crew Pilot Licence

Aeroplanes — Privileges

401.32 (1) The holder of a multi-crew pilot licence — aeroplane may act as co-pilot of a turbine-powered aeroplane that is operated day or night, under VFR, VFR OTT or IFR, if the aeroplane

  • (a) is a transport category aircraft;
  • (b) is an aeroplane for which a minimum flight crew document has been issued that specifies a minimum flight crew of two pilots;
  • (c) is of a type in respect of which the holder's licence is endorsed with a rating; and
  • (d) is operated under subpart 4 of Part VI or under Part VII.

(2) The holder of a multi-crew pilot licence — aeroplane may act as pilot-in-command of any aircraft for the purpose of the holder's flight training if the flight training is conducted in accordance with section 401.19.

[401.33 reserved]

14. Section 401.52 of the Regulations is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):

  • (c) multi-crew pilot licence — aeroplane.

15. Subsection 404.04(6) of the Regulations is replaced by the following:

(6) Subject to subsection (9), the validity period of a medical certificate for a permit, licence or rating that is set out in column 1 of the table to this subsection is set out in column 2 if the holder of the permit, licence or rating is under 40 years of age and in column 3 if the holder of the permit, licence or rating is 40 years of age or older.

TABLE
Item

Column 1

Permit, licence or rating

Column 2

Under 40
years of age

Column 3

40 years of
age or older
1. Private pilot licence 60 months 24 months
2. Pilot licence — glider 60 months 60 months
3. Pilot licence — balloon 60 months 24 months
4. Pilot permit — recreational 60 months 24 months
5. Pilot permit — gyroplane 60 months 24 months
6. Pilot permit — ultra-light aeroplane 60 months 60 months
7. Flight instructor rating — glider 60 months 60 months
8. Flight instructor rating — ultra-light aeroplane 60 months 60 months
9. Passenger-carrying rating — ultra-light aeroplane 60 months 24 months
10. Flight engineer licence 12 months 12 months
11. Air traffic controller licence 24 months 12 months
12. Student pilot permit  60 months 60 months

(6.1) The validity period of a medical certificate for a commercial pilot licence, a multi-crew pilot licence — aeroplane and an airline transport pilot licence, if the holder of the licence is acting as a flight crew member for hire or reward, is 12 months.

(6.2) However, the validity period of a medical certificate referred to in subsection (6.1) is reduced to 6 months if

  • (a) the holder of the licence is 40 years of age or older and is conducting a single-pilot operation with passengers on board; or
  • (b) the holder of the licence is 60 years of age or older.

(6.3) The holder of a commercial pilot licence or an airline transport pilot licence may exercise the privileges of a private pilot licence until the end of the applicable validity period for the private pilot licence specified in subsection (6).

16. Subsection 404.10(1) of the Regulations is replaced by the following:

404.10 (1) A Category 1 medical certificate is required for the following licences:

  • (a) commercial pilot licence — aeroplane or helicopter;
  • (b) multi-crew pilot licence — aeroplane;
  • (c) airline transport pilot licence — aeroplane or helicopter; and
  • (d) flight engineer licence.

COMING INTO FORCE

17. These Regulations come into force 60 days after the day on which they are published in the Canada Gazette, Part Ⅱ.

[8-1-o]