Exemption from paragraphs 404.03(2)(a) and (b) and 404.04(1)(b) of the Canadian Aviation Regulations

NCR-062-2020

Pursuant to subsection 5.9(2) of the Aeronautics Act, and after having taken into account that the exemption is in the public interest and is not likely to adversely affect aviation safety or security, I hereby exempt holders of medical certificates Category 1, 2, or 3 with a validity period ending between March 17, 2020 and March 31, 2021 from the requirements of paragraphs 404.03(2)(a) and (b) and 404.04(1)(b) of the Canadian Aviation Regulations (CARs) subject to the conditions set out below:

The above mentioned provisions are reproduced in Appendix C.

Purpose

The purpose of this exemption is to adopt measures in the public interest to reduce the immediate and longer-term regulatory demand on healthcare resources in Canada following the declaration of a pandemic outbreak of novel coronavirus (COVID-19) by the World Health Organization on March 11, 2020 and reduce the unnecessary exposure of healthy medical certificate holders to potentially hazardous healthcare settings.

More specifically, this exemption will allow holders of medical certificates Category 1, 2, or 3 with a validity period ending between March 17, 2020 and March 31, 2021 to renew their certificate by attestation of fitness or via telemedicine consultation, subject to the conditions set out below.

Application

This exemption applies to holders of medical certificates Category 1, 2, or 3 with a validity period ending between March 17, 2020 and March 31, 2021.

This exemption does not apply to the initial issuance of a medical certificate.

This exemption ceases to apply to a medical certificate holder who breaches a condition of this exemption.

Conditions

This exemption is subject to the following conditions.

Renewal of a medical certificate by attestation of fitness

  • 1. The renewal by attestation of fitness shall only be applied to a medical certificate if the following conditions are met:
    • a) The medical certificate does not bear any limitation or restriction set out in Appendix B of this document; and
    • b) The health status of the holder of the medical certificate has not changed since his or her preceding medical examination.
  • 2. The renewal shall be added to the existing valid-to-date and shall expire on the first day of the month that immediately follows the end of the validity period of the medical certificate as specified under subsection 404.04(6) of the CARs.
  • 3. The holder of the medical certificate shall retain a copy of the completed attestation of fitness with his or her original medical certificate or aviation document booklet.
  • 4. The holder of a medical certificate using this exemption to renew a medical certificate by attestation of fitness shall submit the completed and signed attestation of fitness, found in Appendix A of this document, to the Minister:
    • a) By August 1, 2020 if the medical certificate expires between March 17, 2020 and August 1, 2020; or
    • b) Within 90 days prior to the expiry of the valid medical certificate, if the medical certificate expires after August 1, 2020.

Renewal of a medical certificate via telemedicine consultation

  • 5. The holder of a medical certificate shall have a telemedicine consultation with a Civil Aviation Medical Examiner (CAME).
  • 6. The renewal by telemedicine consultation shall only be applied to a medical certificate if one of the following conditions are met:
    • a) The medical certificate bears at least one limitation or restriction set out in Appendix B of this document; or
    • b) The health status of the holder of the medical certificate has changed since his or her preceding medical examination.
  • 7. The holder shall retain a copy of the letter or email from the CAME who conducted the medical examination via telemedicine, confirming that the holder is fit, with their original medical certificate or aviation document booklet.

All persons exercising the privileges of a medical certificate pursuant to the terms and conditions of this exemption

  • 8. The validity period of the medical certificate can be renewed as follow:
    • a) For holders of a medical certificate subject to section 404.10 of the CARs (reproduced in appendix C) until the date one (1) year after the day on which their medical certificate validity period originally expired;
    • b) For holders of a medical certificate subject to subsection 404.04(6.2) of the CARs (reproduced in appendix C) until the date six (6) months after the day on which the medical certificate validity period originally expired.
  • 9. Persons exercising the privileges of a medical certificate pursuant to the terms and conditions of this exemption shall comply with the CARs in all respects, and 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 (EST); or
  • b) 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 3rd day of June 2020, on behalf of the Minister of Transport.

“Original signed by”

Nicholas Robinson
Director General, Civil Aviation
Transport Canada

Appendix A

Attestation of fitness for civil aviation for exemption NCR-062-2020

Appendix B

Limitations and Restrictions

Holders of medical certificates bearing any of the following limitations or restrictions are required to undergo a medical examination pursuant to the conditions of this exemption:

  • a) License restricted;
  • b) Permit restricted;
  • c) 3 months only;
  • d) 6 months only;
  • e) 9 months only;
  • f) 12 months only;
  • g) 24 months only;
  • h) Subject to letter dated;
  • i) Private Pilot License (PPL) privileges – 12 months only;
  • j) Valid only when another air traffic controller available and competent to assume your duties;
  • k) With an accompanying pilot;
  • l) Not valid for Civil Aviation Medical Examiner (CAME) renewal.

Appendix C

Pertinent provisions of the Canadian Aviation Regulations

Division II — Medical Certificate

Requirement to Hold a Medical Certificate

404.03 (1) No person shall exercise or attempt to exercise the privileges of a permit, licence or rating unless the person holds a valid medical certificate of a category that is appropriate for that permit, licence or rating, as specified in section 404.10.

(2) A medical certificate that is issued in the form of a booklet label is not valid unless

  • (a) the label is affixed in an aviation document booklet;
  • (b) the booklet number displayed on the label matches the number of the booklet; and
  • (c) the booklet is signed by the holder.

Issuance, Renewal, Validity Period and Extension of a Medical Certificate

404.04 (1) Subject to subsection (2) and subsection 404.05(1), the Minister shall issue or renew a medical certificate on receipt of an application therefor if

  • (a) where the applicant is applying for a medical certificate in connection with an application for a student pilot permit-aeroplane, pilot permit — recreational, pilot or student pilot permit — ultra-light aeroplane, a pilot licence — glider or student pilot permit — glider, the applicant has completed and submitted a medical declaration, in accordance with the personnel licensing standards, that attests to the fact that the applicant is medically fit to exercise the privileges of the permit or licence that is applied for; or
  • (b) in any case not referred to in paragraph (a), it is established, by means of a medical examination conducted by a physician referred to in section 404.16, that the applicant meets the medical fitness requirements specified in the personnel licensing standards.

[...]

(2) The Minister

  • (a) may request an applicant for the issuance or renewal of a medical certificate to undergo, before a specified date, any medical tests or examinations that are necessary to determine whether the applicant meets the medical fitness requirements specified in the personnel licensing standards;
  • (b) shall not issue or renew a medical certificate until the applicant has undergone all of the tests and examinations requested by the Minister pursuant to paragraph (a); and
  • (c) may suspend, or refuse to issue or renew, the applicant’s medical certificate if the applicant fails to comply with the request referred to in paragraph (a) before the specified date.

[...]

(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 60 months
9 Passenger-carrying rating — ultra-light aeroplane 60 months 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.

[...]

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

  • (a) a physician referred to in section 404.16 recommends the shorter validity period in their medical report; and
  • (b) it is warranted by the results of an assessment conducted in accordance with subsection 404.11(1).

[...]

Medical Standards Flexibility — Limitations and Restrictions

404.05 (1) The Minister may, in accordance with the personnel licensing standards, issue a medical certificate to an applicant who does not meet the requirements referred to in subsection 404.04(1) where it is in the public interest and is not likely to affect aviation safety.

[...]

Division III — Medical Certificate Requirements

Medical Certificate Requirements for Personnel Licences

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.

(2) A Category 1 or 2 medical certificate is required for an air traffic controller licence

(3) A Category 1 or 3 medical certificate is required for the following permits, licences and ratings:

  • (a) student pilot permit — helicopter;
  • (b) pilot permit — gyroplane;
  • (b.1) student pilot permit — gyroplane or balloon;
  • (c) private pilot licence — aeroplane or helicopter;
  • (d) pilot licence — balloon;
  • (e) flight instructor rating — glider; and
  • (f) flight instructor rating — ultra-light aeroplane.

(4) A Category 1, 3 or 4 medical certificate is required for the following permits and licences:

  • (a) student pilot permit - aeroplane;
  • (b) pilot permit — recreational;
  • (c) student pilot permit or pilot permit — ultra-light aeroplane;
  • (d) student pilot permit — glider; and
  • (e) pilot licence — glider

Division IV — Medical Fitness

Minister’s Assessment

404.11 (1) The Minister shall assess any medical reports submitted pursuant to paragraph 404.17(b) to determine whether an applicant for the issuance or renewal of a medical certificate meets the medical fitness requirements set out in the personnel licensing standards that are necessary for the issuance or renewal of the medical certificate.

[...]

Division V — Medical Examiners

Authority to Conduct Medical Examinations

404.16 No physician shall conduct a medical examination of an applicant for the issuance or renewal of a medical certificate unless the physician conducts the medical examination in the region in which the physician is licensed to practise and

  • (a) the physician is appointed by the Minister as a CAME;
  • (b) where the applicant is a regular member of the Canadian Forces or an air cadet, the physician is a Canadian Forces flight surgeon; or
  • (c) where the applicant resides or is examined in a contracting state other than Canada, the physician is authorized by the licensing authority of the contracting state to conduct such examinations.

Responsibilities of Medical Examiner

404.17 Where a physician referred to in paragraph 404.16(a) or (b) conducts a medical examination of an applicant for the issuance or renewal of a medical certificate, the physician shall

  • (a) conduct the medical examination in accordance with the procedures set out in the personnel licensing standards; and
  • (b) submit a medical report to the Minister that specifies the results of the medical examination and contains, if warranted by those results, the physician’s recommendation that the medical certificate be restricted to a validity period that is shorter than the validity period set out in the table to subsection 404.04(6) for the certificate.
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