Exemption from subparagraph 408.17(b)(ii) of the Canadian Aviation Regulations

NCR-034-2020

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 all flight test candidates with outstanding incomplete flight tests on March 11, 2020, from the requirements of subparagraph 408.17(b)(ii) of the Canadian Aviation Regulations (CARs), subject to the conditions set out below.

Subparagraph 408.17(b)(ii) of the CARs states that if the candidate has successfully completed some of the items during a flight test but the flight test cannot be completed for reasons beyond the candidate’s control, the subsequent flight test shall meet certain requirements, notably the one outlining that the candidate shall take the subsequent flight test within 30 days after the date of the incomplete flight test, in the case of a flight test described in Schedules 2 to 18 of the flight testing standards.

The above mentioned provision is reproduced in full in Appendix A.

Purpose

The purpose of this exemption is to adopt temporary measures in the public interest to reduce the potential of person to person transmission following the declaration of a pandemic outbreak of COVID-19 by the World Health Organization (WHO) on March 11, 2020.

As the novel coronavirus (COVID-19) situation continues to evolve and the closing of all flight schools and social distancing has been ordered by Provincial and Municipal governments, this exemption will allow all flight test candidates with incomplete flight tests to complete the flight tests beyond the 30-day limitation imposed by subparagraph 408.17(b)(ii) of the CARs.

Application

This exemption applies only to flight test candidates with outstanding incomplete flight tests on March 11, 2020.

This exemption ceases to apply to a flight test candidate that breaches a condition of this exemption.

Conditions

This exemption is subject to the following conditions:

1. Flight test candidates with outstanding incomplete flight tests on March 11, 2020 shall complete their flight tests within the 90 days following the rescinding of municipal and provincial government prohibitions or orders concerning COVID-19, but in any case no later than March 31, 2021.
2. Following the rescinding of said prohibitions or orders, candidates shall be allowed additional or remedial training to regain competency prior to attempting to complete their flight tests.
3. Candidates shall produce a letter of recommendation dated within 30 days prior to the date of completion of the flight test from a holder of a Flight Instructor Rating, where required for the permit, licence or rating sought.
4. Flight test candidates with outstanding incomplete flight tests, pursuant to the terms and conditions of this exemption, shall comply with the CARs in all respects. The CARs shall continue to apply in all respects other than the specific exemption set out herein, or any other applicable exemption issued by the Minister of Transport.

Validity

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

• (a) March 31, 2021, at 23:59 (EDT);
• (b) The 90th day following the rescinding of flight school closures and social distancing orders authorized by governmental bodies, at 23:59 (EDT); or
• (c) 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, this 25th of May, 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

Incomplete Flight Test

• 408.17 If the candidate has successfully completed some of the items during a flight test but the flight test cannot be completed for reasons beyond the candidate’s control, the subsequent flight test shall meet the following requirements:
  • (a) only the items that the candidate could not perform during the initial flight test shall be performed;
  • (b) the candidate shall take the subsequent flight test within
    • (i) 60 days after the date of the incomplete flight test, in the case of a flight test described in Schedule 1 to the flight testing standards, or
    • (ii) 30 days after the date of the incomplete flight test, in the case of a flight test described in Schedules 2 to 18 to the flight testing standards; and
  • (c) in the case of a flight test conducted in accordance with Schedule 8 to the flight testing standards, the subsequent flight test shall be conducted using an aircraft in the same instrument rating group as the aircraft used in the initial flight test.