Exemption from paragraphs 705.113(1) and 705.113(2) of the Canadian Aviation Regulations

NCR-037-2020

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 Canadian air operators conducting flight operations under Subpart 5 of Part VII of the Canadian Aviation Regulations (CARs) from the requirements of subsection 705.113(1) and (2) of the CARs, subject to the conditions set out below.

Paragraph 705.113(1) of the CARs states that subject to subsections (4) and (5), the validity period of a line check and of the training referred to in section 705.124 expires on the first day of the thirteenth month following the month in which the check or training was completed.

Paragraph 705.113(2) of the CARs states that subject to subsections (4) and (5), the validity period of a pilot proficiency check expires

(a) on the first day of the seventh month following the month in which the check was completed;
(b) on the first day of the thirteenth month following the month in which the check was completed, where the pilot successfully completes the six-month recurrency training that has been approved by the Minister, in accordance with the Commercial Air Service Standards, as a substitute for the pilot proficiency check and that is identified in the company operations manual; or
(c) at the end of the validation period, where the air operator has an operations specification authorizing an advanced qualification program in accordance with the Commercial Air Service Standards and the pilot completes a proficiency evaluation within the evaluation period authorized for the air operator in the operations specification.

The above-mentioned provisions are reproduced in Appendix A.

Purpose

The purpose of this exemption is to provide a Canadian air operator with the temporary authority to extend the valid-to date of the line check referred to in 705.113(1) or the equivalent on-line evaluation (OE) under an Advanced Qualification Program and/or the training referred to in 705.124 ; and to extend the valid-to-date of the a Pilot Proficiency Check (PPC) referred to in 705.113(2) or the equivalent Line Operational Evaluation (LOE) under an Advanced Qualification Program, of any company pilot assigned to perform duties on-board an aircraft for an additional 90 consecutive days.

This exemption provides temporary measures in the public interest in response to travel restrictions, limited access to training facilities, isolation measures, and other impediments that air operators are encountering in the training and checking of flight crew following the declaration of a pandemic outbreak of novel coronavirus (COVID-19) by the World Health Organization (WHO) on March 11th, 2020.

Application

This exemption applies to a Canadian air operator conducting flight operations under Subpart 5 of Part VII of the CARs and allows an air operator to extend the valid-to date of a PPC, LOE, line check, OE and/or training identified in 705.124 for any company pilot assigned to perform duties on-board an aircraft for an additional 90 consecutive days. The extension of a valid-to-date of a PPC or LOE results in the same-period extension of the training and checking of any Special Authorization and privilege associated with the PPC or LOE.

This exemption ceases to apply to an air operator that does not respect a condition of this exemption. National Flight Operations or a regional Transport Canada Civil Aviation authority may limit or prevent an air operator from using this exemption if they deem that an operational necessity has not been demonstrated; or one or more of the conditions below are not being appropriately applied.

Conditions

This exemption is subject to the following conditions:

The 90 consecutive day extension to a PPC, LOE, line check, OE and/or training identified in 705.124 can only be applied to a PPC, LOE, line check and/or training that is currently valid or has not been expired for more than 15 days. The 90-day extension is to be added to the existing valid-to date and will expire at 23:59 (EDT) on the 1st day of the month that immediately follows the 90-day extension.
This exemption shall only be used by an air operator that has no means to complete training and checking requirements for any company pilot assigned on-board duties because of current public health restrictions put in place by government authorities, and there is an operational necessity to extend the valid-to-date.
An air operator that uses this exemption shall incorporate risk mitigation and control measures to reduce risk to as low as reasonably possible. Such measures should include, to the extent possible, minimizing or avoiding the pairing of two or more flight crew members that have an extended valid-to date (training and/or checking) and avoiding extensions to training and checking in situations where a flight crew member may lack proficiency because of an extended absence from flight duties. Mitigations and other control measures shall be explained and documented by the operator, distributed to affected flight crew members and provided to the air operator’s Principal Operations Inspector (POI) for approval.
An air operator shall provide their POI with a list of company personnel that will be conducting flight operations with an extension to a PPC, LOE, line check, OE and/or training identified in 705.124.
An air operator that conducts training and checking in an aircraft is eligible to use this exemption if training and checking is not possible and there is a demonstrated operational necessity to use this exemption.
An air operator that normally conducts training and checking in a flight simulator and has limited or no access to a flight simulator is not obligated to conduct training and checking in an aircraft, should that option be available.

Validity

This exemption is in effect until the earliest of the following:

a) October 31st, 2020 at 23:59 (EDT). This is the last day that an extension can be granted for a PPC, LOE, line check, OE and/or training identified in 705.124 with the extension expiring no later than February 1st ,2021; or
b) 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, Canada this 3rd 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 provision of the Canadian Aviation Regulations

Validity Period

705.113(1) Subject to subsections (4) and (5), the validity period of a line check and of the training referred to in section 705.124 expires on the first day of the thirteenth month following the month in which the check or training was completed.
(2) Subject to subsections (4) and (5), the validity period of a pilot proficiency check expires
- (a) on the first day of the seventh month following the month in which the check was completed;
- (b) on the first day of the thirteenth month following the month in which the check was completed, where the pilot successfully completes the six-month recurrency training that has been approved by the Minister, in accordance with the Commercial Air Service Standards, as a substitute for the pilot proficiency check and that is identified in the company operations manual; or
- (c) at the end of the validation period, where the air operator has an operations specification authorizing an advanced qualification program in accordance with the Commercial Air Service Standards and the pilot completes a proficiency evaluation within the evaluation period authorized for the air operator in the operations specification.
(3) The validity period of a flight dispatcher competency check expires on the first day of the thirteenth month following the month in which the check was completed.
(4) Where a pilot proficiency check, a flight dispatcher competency check, a line check or training is renewed within the last 90 days of its validity period, its validity period is extended by six or 12 months, as appropriate.
(5) The Minister may extend the validity period of a pilot proficiency check, a flight dispatcher competency check, a line check or any training by up to 60 days where the Minister is of the opinion that aviation safety is not likely to be affected.
(6) Subject to subsection (7), where the validity period of a pilot proficiency check, a line check, or annual or semi-annual training has been expired for 24 months or more, the person shall requalify by meeting the training requirements specified in the Commercial Air Service Standards.
(7) Where the validity period of a flight dispatcher competency check or annual training has been expired for 12 months or more, the person shall requalify by meeting the training requirements specified in the Commercial Air Service Standards.

Training Program

705.124(1) Every air operator shall establish and maintain a 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 and, in respect of flight attendants, in accordance with the Commercial Air Service Standards and the Flight Attendant Training Standard.
(2) An air operator’s training program shall include
- (a) for flight crew members:
  - (i) company indoctrination training,
  - (ii) line indoctrination training,
  - (iii) upgrading training, where applicable, and
  - (iv) initial and annual training, including
    - (A) aircraft type training,
    - (B) aircraft servicing and ground handling training,
    - (C) emergency procedures training, and
    - (D) aircraft surface contamination training;
- (b) for flight attendants:
  - (i) aviation indoctrination,
  - (ii) line indoctrination training,
  - (iii) in-charge training, where applicable, and
  - (iv) initial and annual training, including
    - (A) safety procedures training,
    - (B) aircraft type training,
    - (C) emergency procedures training,
    - (D) aircraft surface contamination training, and
    - (E) first aid training
- (c) for flight dispatchers:
  - (i) initial and annual aircraft type training,
  - (ii) on-the-job training, and
  - (iii) aircraft cockpit familiarization training;
- (d) initial and annual aircraft surface contamination training for those operations personnel designated in the Commercial Air Service Standards; and
- (e) any other training required to ensure a safe operation under this Subpart.
(3) An air operator shall
- (a) include a detailed syllabus of its training program in its company operations manual;
- (b) ensure that adequate facilities and qualified personnel are provided for its training program, in accordance with the Commercial Air Service Standards; and
- (c) establish and maintain a safety awareness program concerning the adverse effects of aircraft surface contamination and provide the program to all flight operations personnel who are not required to undergo the training described in paragraph (2)(d).
(4) An air operator shall have a fatigue management training program for its flight crew members that contains
- (a) personal fatigue management strategies relating to
  - (i) sleep hygiene,
  - (ii) lifestyle, exercise and diet, and
  - (iii) the consumption of alcohol and drugs;
- (b) the impact of fatigue on aviation safety;
- (c) sleep requirements and the science relating to fatigue;
- (d) the causes and consequences of fatigue;
- (e) how to recognize fatigue in themselves and in others;
- (f) sleep disorders, their impact on aviation safety and treatment options; and
- (g) human and organizational factors that may cause fatigue, including
  - (i) sleep quality and duration,
  - (ii) the impact of shift work and overtime,
  - (iii) the circadian rhythm, and
  - (iv) the effects of changes of time zones.

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Date modified:: 2020-04-03