Exemption from subsection 704.115(1) of the Canadian Aviation Regulations and paragraph 724.115(31)(a) of the Commercial Air Service Standards – Commuter Operations - Aeroplanes

NCR-033-2019

Pursuant to subsection 5.9(2) of the Aeronautics Act, and after taking into account that the exemption is in public interest and is not likely to adversely affect aviation safety or security, I hereby exempt Canadian air operators identified in the “Application” section of this document, from the training time requirements for aeroplanes that are certificated for 20 or more passenger seats – listed in Tables 1 and 2 of paragraph 724.115(31)(a) of the Commercial Air Service Standards (CASS) – Commuter Operations – Aeroplanes, made pursuant to subsection 704.115(1) of the Canadian Aviation Regulations (CARs), subject to the following conditions.

Subsection 704.115(1) of the CARs, paragraph 724.115(31)(a) of the CASS and Tables I and II are reproduced in Appendix A.

Purpose

The purpose of this exemption is to standardize the application of minimum training time requirements for Canadian air operators conducting operations under Subpart 704 of the CARs when utilizing aeroplane types identified in the "Application" section of this document.  This exemption allows these air operators to use the training times specified for Multi-engine aircraft 10-19 passenger seats in Table 1 and Table 2 of paragraph 724.115(31)(a) of the CASS.

Application

This exemption applies to Canadian air operators conducting operations under Subpart 704 of the CARs utilizing propeller driven aeroplane types that initially had models certificated for 19 or less passenger seats, excluding normal flight crew member seats, and later included models, of the same type, that were certificated for 20 or more passenger seats.  For the purpose of this exemption, these aeroplanes shall be operated in a configuration to carry no more than 19 passengers.

This exemption ceases to apply to Canadian air operators identified in the “Application” section of this document who breaches any of the conditions of this exemption.

Conditions

This exemption is subject to the following conditions:

1. For the purpose of initial and recurrent pilot training, the air operator shall utilize the minimum training times specified for Multi-engine aircraft certificated for 10 to 19 passenger seats, as listed in Table 1 Minimum Amount of Hours of Initial Training and in Table 2 Minimum Amount of Hours of Recurrent Training (Annual) of paragraph 724.115(31)(a) of the CASS pursuant to subsection 704.115(1) of the CARs;
2. The aircraft must be a multi-engine propeller-driven aeroplane type, having a MCTOW of 19,000 lbs (8 618 kg) or less, that was originally certificated for 19 or less passenger seats, and later included models, of the same type, that were certificated for 20 or more passenger seats;
3. The aircraft must be operated in a configuration to carry no more than 19 passengers; and
4. The air operator shall submit revisions to its initial and recurrent pilot training programs resulting from this exemption to Transport Canada Civil Aviation, and obtain the Minister's approval of such changes, in accordance with Subsection 704.115(1) of the CARs.

Validity

This exemption is in effect from April 1, 2020 until the earliest of the following:

• a) March 31, 2025 at 23:59 (EDT);
• b) the date on which an amendment to the CARs or related standards, modifying the subject-matter specifically addressed in this exemption, comes into effect;
• c) 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 adversely affect aviation safety or security.

Dated at Ottawa, Ontario, Canada this 1^st day of April, 2020, on behalf of the Minister of Transport.

“Original signed by”

Nicholas Robinson
Director General
Civil Aviation
Transport Canada

Appendix A

Canadian Aviation Regulations(CARs)

Training Program

704.115 (1) Every air operator shall establish and maintain a ground and flight training program that is

(a) designed to ensure that each person who receives training acquires the competence to perform the person’s assigned duties; and

(b) approved by the Minister in accordance with the Commercial Air Service Standards.

Commercial Air Service Standards

724.115 Training Programs

[…]

(31) Training Program - Minimum Training Times - Aeroplanes

(a) In this subsection, table 1 provides the minimum initial training times for aeroplanes equipped with engines as described therein and table 2 provides the minimum annual recurrent training for aeroplanes equipped with engines as described therein.

[…]

Table 1
(per paragraph 724.115(31)(a))

* Denotes the number of passenger seats for which the aeroplane was certificated.

¹ Training on aircraft required.

² The minimum aircraft training required.

Table 2
(per paragraph 724.115(31)(a))

* Denotes the number of passenger seats for which the aircraft was certificated.

++ Included since certain aeroplanes certificated for 20+ passengers are regulated by CAR 704 (e.g., Twin Otter)

¹ Amount of hours of additional training required on aircraft if the operator does not have an approved Level A or higher Training Program authorizing recurrent training only on a full flight simulator.