Exemption from paragraph 421.14(4)(d) of Standard 421 – Flight Crew Permits, Licences and Ratings made pursuant to section 401.14 of the Canadian Aviation Regulations

NCR-076-2020

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 candidates attempting a flight test for the issuance of an Instrument Rating, or any of the initial Flight Instructor Ratings, from the requirements of paragraph 421.14(4)(d) of Standard 421 – Flight Crew permits, Licences and Ratings, subject to the conditions set out below.

Paragraph 421.14(4)(d) of Standard 421 states that an applicant for an instrument or instructor rating flight test shall have met all the applicable knowledge and experience requirements set out in Division XIV, Division XVIII or Division XIX of Subpart 401 for the particular rating applied for prior to the flight test.

The above mentioned provisions are reproduced in Appendix A.

Purpose

The purpose of the exemption is to allow candidates that have not yet written the requisite written examination for an Instrument Rating, or any of the initial Flight Instructor Ratings to be accepted to attempt the flight test required for the issuance of an Instrument Rating, or any of the initial Flight Instructor Ratings until January 15, 2021, as a temporary measure.

The purpose of this exemption is to adopt temporary measures in the public interest to reduce the potential of person to person transmission in Canada 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 candidates for an initial Instrument Rating, or any of the initial Flight Instructor Ratings, who have not yet written the requisite written examination for the rating sought attempting the flight test required for the issuance of that rating.

This exemption ceases to apply to any candidate that does not respect a condition of this exemption.

Conditions

This exemption is subject to the following conditions:

  1. Candidates for initial Flight Instructor Ratings shall have completed in aeroplanes or helicopters a minimum of 30 hours of dual flight instruction on overall pilot proficiency and the presentation of all exercises set forth in the Flight Instructor Guide and shall include a minimum of 5 hours of training in the teaching of instrument flight skills.
  2. Candidates for initial Flight Instructor Ratings Class 2 – Aerobatic shall have completed a minimum of 15 hours of Aerobatic Instructor Rating ground school instruction and have completed in aeroplanes a minimum of 10 hours of dual flight instruction on the teaching of aerobatic manoeuvres listed in the personnel licensing standards.
  3. Candidates for initial Flight Instructor Ratings shall produce a letter signed by the holder of a Flight Instructor Rating – Class 1 dated within 30 days prior to the flight test, certifying that:
    • (a) the candidate has reached a sufficient level of competency to complete the flight test required for the issuance of the desired flight instructor rating;
    • (b) the candidate is recommended for the flight test; and.
    • (c) I am qualified through the privileges of my pilot licence to make this recommendation.
  4. Candidates for initial Instrument Ratings shall produce a letter of recommendation dated within 30 days prior to the flight test from the holder of Commercial Pilot or Airline Transport Pilot Licence qualified in accordance with subsection 425.21(9) of the Standards certifying that:
    • (a) I, the undersigned, certify that the above named candidate meets the minimum experience requirements of section 421.46 of Standard 421 of the Personnel Licensing and Training Standards.
    • (b) I consider the candidate to have reached a sufficient level of competency to complete the flight test required for the issuance of an Instrument Rating.
    • (c) I further certify that I am qualified in accordance with subsection 425.21(9) of Standards and the privileges of my pilot licence to make this recommendation for a flight test.
  5. Persons exercising the privileges of a permit, licence or rating subject to the terms and conditions of this exemption shall comply with the CARs in all respects other than with paragraph 421.14(4)(d) of Standard 421, Flight Crew Permits, Licences and Ratings, as specified in this exemption.

Validity

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

  • a) January 15, 2021 at 23:59 (EST); 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, this 9th day of June, 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

Flight Test Prerequisites

  • 401.14 Prior to taking a flight test, an applicant for a flight crew permit, licence or rating shall meet the prerequisites for the test set out in the personnel licensing standards with respect to
    • (a) medical fitness;
    • (b) identification;
    • (c) a recommendation from the flight instructor who is responsible for the training of the applicant;
    • (d) experience; and
    • (e) for applicants for a commercial pilot licence — aeroplane or helicopter, knowledge.

Pertinent provisions of Standard 421 – Flight Crew Permits, Licences and Ratings

421.14 Flight Test Prerequisites

  • […]
  • (4) To be eligible to attempt a flight test required for the issue of a permit, licence or rating:
    • (a) an applicant for a Pilot Permit - Gyroplane or a Private Pilot Licence shall have completed a minimum of 35 hours of the total flying experience required for that permit or licence;
    • (b) an applicant for a Passenger Carrying Rating – Ultra-light Aeroplane or Pilot Permit - Recreational - Aeroplane shall have met all of the experience requirements required for the rating or permit;
    • (c) an applicant for a permit or licence, other than a Pilot Permit - Gyroplane, Pilot Permit - Recreational - Aeroplane or Private Pilot Licence, shall have completed a minimum of 75% of the total flying experience required for that permit or licence;
    • (d) except as specified in paragraph (e) below, an applicant for an instrument or instructor rating flight test shall have met all the applicable knowledge and experience requirements set out in Division XIV, Division XVIII or Division XIX of Subpart 401 for the particular rating applied for prior to the flight test;
    • (e) an applicant for a Flight Instructor Rating – Ultra-light Aeroplane, shall have completed a minimum of 25 hours of the total flying experience required for the rating.
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