Regulations Amending the Canadian Aviation Regulations (Medical Certificate — Validity Period): SOR/2019-201

Canada Gazette, Part II, Volume 153, Number 13

Registration

SOR/2019-201 June 10, 2019

AERONAUTICS ACT

P.C. 2019-760 June 9, 2019

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 4.9 footnote a of the Aeronautics Act footnote b, makes the annexed Regulations Amending the Canadian Aviation Regulations (Medical Certificate — Validity Period).

Regulations Amending the Canadian Aviation Regulations (Medical Certificate — Validity Period)

Amendment

1 Subsection 404.04(9) of the Canadian Aviation Regulations footnote 1 is replaced by the following:

(9) The Minister shall endorse a shorter validity period on a medical certificate if

Coming into Force

2 These Regulations come into force on the day on which they are published in the Canada Gazette, Part II.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

The Standing Joint Committee for the Scrutiny of Regulations (SJCSR) has asserted that subsection 404.04(9) of the Canadian Aviation Regulations (CARs) provides the Minister with too much discretion in determining whether to endorse a Civil Aviation Medical Examiner’s (CAME) recommendation to shorten the validity period on a medical certificate. This discretion could potentially result in two pilots being treated differently in the same situation (i.e. one pilot might receive the shorter validity period while the other receives the standard validity period).

Background

Subpart 4 of Part IV of the CARs outlines the medical requirements for individuals who hold or who apply for the issuance or renewal of a medical certificate for the purposes of exercising the privileges of a permit, licence or rating described in section 404.10 (pilot’s licence, air traffic controller licence, student pilot permit, flight instructor rating, etc.). As part of the process, CAMEs conduct medical examinations of applicants for the issuance or renewal of medical certificates. A valid medical certificate indicates that the holder is medically fit and able to perform the duties associated with the permit, licence or rating. CAMEs are doctors (general practitioners) that are appointed by Transport Canada. Canadian medical examinations are done based on international medical standards for aviation.

Subsection 404.04(9) of the CARs allows the Minister the discretion, on the recommendation of a CAME, to shorten the validity period on a medical certificate (i.e. the Minister has the discretion to endorse the CAME’s recommendation to shorten the validity period) for applicants that may have a medical condition to allow them to exercise the privileges of their licence. In some cases, the Minister may attach restrictions to the licence pursuant to subsection 404.05(2) of the CARs (e.g. the applicant may be required to consult with their physician more often, or applicants may also be required to undergo regular medical examinations or tests). These restrictions, along with the shorter validity period, allow an applicant to maintain a valid licence in exceptional circumstances or where a licence would otherwise not be issued by the Department.

Under subsection 404.04(9) of the CARs, the Minister may endorse a shorter validity period on the medical certificate than the one prescribed by regulation if the CAME recommends it in their medical report. The subsection gives the Minister the discretion to determine whether or not to endorse the shorter validity period on the medical certificate. Departmental physicians, who have specialized aeromedical knowledge, assess the recommendations made by the CAME on behalf of the Minister.

The SJCSR has expressed concerns that subsection 404.04(9) of the CARs affords the Minister too broad a discretion in the event that no circumstances exist, other than those listed in subsection 404.04(9), by which the Minister could refuse to issue a shorter validity period on a medical certificate.

Objective

The objective of the amendment is to narrow the discretion afforded to the Minister in determining whether to endorse a shorter validity period on a medical certificate. The amendment will address concerns raised by the SJCSR.

Description

Transport Canada proposes to amend subsection 404.04(9) of the CARs so that the Minister must endorse a shorter validity period on a medical certificate if a CAME recommends the shorter validity period in their medical report and the shorter validity period is found to be warranted by the results of an assessment conducted under subsection 404.11(1). This amendment will remove the Minister’s discretion in determining whether to endorse the CAMEs recommendation to shorten the validity period of a medical certificate.

Regulatory development

Consultation

On August 17, 2018, a Notice of Proposed Amendment (NPA) was published on Transport Canada’s website. A notice was sent to stakeholders informing them that the NPA had been published with a 30-day comment period. One comment on this amendment was received from a stakeholder in which the stakeholder indicated support for the amendment.

The NPA proposed to amend subsection 404.04(9) of the CARs to clarify instances where the Minister may exercise his discretion by adding criteria to the provision that could be used by the Minister to decide whether to endorse a recommendation made by a CAME to shorten the validity period of a medical certificate.

The amendment has changed since the consultation on the NPA was undertaken. The current amendment will further reduce any ambiguity and require the Minister to endorse a recommendation made by a CAME to shorten the validity period on a medical certificate if the shorter validity period is found to be warranted by the results of an assessment. Transport Canada does not anticipate any stakeholder dissent related to this amendment as the removal of the Ministerial discretion will ensure that all valid recommendations are endorsed by the Minister (i.e. all pilots in the same situation will be treated the same).

Regulatory analysis

Costs and benefits

The amendment will have no costs as it simply clarifies that the Minister must endorse a shorter validity period on a medical certificate as recommended by a CAME if it is found to be warranted by the results of an assessment. The amendment will ensure a consistent approach by removing ministerial discretion and addresses an issue raised by the SJCSR.

Small business lens

The small business lens does not apply, as there are no associated impacts on businesses.

“One-for-One” Rule

The “One-for-One” Rule does not apply, as there is no incremental change in administrative burden on business.

Regulatory cooperation and alignment

Medical fitness requirements are defined by the International Civil Aviation Organization’s (ICAO) Convention on International Civil Aviation. The Canadian medical examinations are conducted based on international medical standards for aviation and comply with ICAO’s Standards and Recommended Practices.

Strategic environmental assessment

In accordance with The Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required.

Gender-based analysis plus

No gender-based analysis plus (GBA+) issues have been identified for this proposal.

Exemption from prepublication in the Canada Gazette, Part I

This amendment addresses an issue raised by the SJCSR whereby subsection 404.04(9) affords the Minister too broad a discretion. This amendment, which amends subsection 404.04(9) of the CARs, will narrow the Minister’s discretion in determining whether to endorse a shortened validity period on a medical certificate. Narrowing the Minister’s discretion will ensure a consistent approach in applying subsection 404.04(9). Stakeholders were consulted through an NPA and one comment was received in support of the amendment. In addition, there are no costs associated with the amendment.

Implementation, compliance and enforcement, and service standards

The amendment comes into force on the day on which it is published in the Canada Gazette, Part II.

Contact

Marie-Anne Dromaguet
Chief
Regulatory Affairs, Civil Aviation
Safety and Security, AARBH
Transport Canada
Place de Ville, Tower C
Ottawa, Ontario
K1A 0N5
Telephone: 613‑993‑7284 or 1-800‑305‑2059
Fax: 613‑990‑1198
Email: carrac@tc.gc.ca
Website: www.tc.gc.ca