Exemption from subparagraph 421.19(2)(c)(i) of standard 421 – Flight crew permits, licences and ratings made pursuant to subparagraph 401.06(1)(b)(ii) of the Canadian Aviation Regulations

NCR-069-2020

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 applicants for a Student Pilot Permit - Gyroplane, Balloon, or Helicopter category, from the requirements of subparagraph 421.19(2)(c)(i) of Standard 421 – Flight Crew Permits, Licences and Ratings, subject to the conditions set out below.

Subparagraph 421.19(2)(c)(i) requires applicants for a student pilot permit for gyroplane, balloon, or helicopter to be in possession of a medical assessment letter (category 1 or 3) or a medical certificate (category 1 or 3).

The details of the above provisions are reproduced in Appendix A.

Purpose

As the COVID-19 situation continues to evolve and the closing of all flight schools and social distancing has been ordered by Provincial and Municipal governments, the offices of the delegated Civil Aviation Medical Examiners (CAME) are closed until the lifting of the health prohibitions, rendering medical examinations unavailable for an approximate potential of 1,500 student pilot permit applicants requiring initial medical certificates or the renewal of medical certificates in order to continue training, including solo training practice.

The purpose of this exemption is to allow Student Pilot Permit - Gyroplane, Balloon and Helicopter category applicants to also possess a Civil Aviation Medical Declaration (Form 26-0297) with Part B completed by the applicant and Part C completed by a physician licensed to practice in Canada or a Category 4 Medical Certificate, as is already allowed for applicants for a Student Pilot Permit – Aeroplane category for a period of six (6) months ending November 30, 2020, as a temporary measure.

Application

This exemption applies only to applicants for a Student Pilot Permit - Gyroplane, Balloon, or Helicopter category.

This exemption ceases to apply to a licensing applicant that breaches the conditions of this exemption.

Conditions

This exemption is subject to the following conditions:

  1. Applicants for a Student Pilot Permit – Gyroplane, Balloon or Helicopter category shall possess one of the following documents:
    • (a) a Civil Aviation Medical Declaration (Form 26-0297) with Part B completed by the applicant and Part C completed by a physician licensed to practice in Canada;
    • (b) a Medical Certificate (Form 26-0055), Category 1, 3 or 4; or
    • (c) a Medical Assessment Letter (Form 26-0417), Category 1, 3 or 4.
  2. A routine electro-cardiograph report shall form part of the heart examination of an applicant:
    • (a) at the first examination after the applicant has attained the age of forty years;
    • (b) at the first examination after the applicant has attained the age of fifty years; and subsequently
    • (c) within the four years preceding the next renewal medical examination.
  3. 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 subparagraph 421.19(2)(c)(ii) 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) November 30, 2020, 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 11th 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 provisions of the Canadian Aviation Regulations

Issuance and Endorsement of Flight Crew Permits, Licences and Ratings

401.06 (1) Subject to section 6.71 of the Act, the Minister shall, on receipt of an application submitted in the form and manner specified in the personnel licensing standards, issue a flight crew permit or licence to the applicant or endorse the applicant’s flight crew permit or licence with a rating if the applicant provides documentation to the Minister that establishes

  • (a) the applicant’s citizenship;
  • (b) that the applicant meets the applicable requirements set out in the personnel licensing standards in respect of
    • (i) minimum age,
    • (ii) medical fitness,
    • (iii) knowledge,
    • (iv) experience, and
    • (v) skill; and
  • (c) that the applicant has successfully completed, within the applicable period specified in the personnel licensing standards preceding the date of application for the permit, licence or rating, a flight test in accordance with the personnel licensing standards.

(1.1) An application shall also include

  • (a) in the case of a licence or a permit, one photograph of the applicant that meets the requirements of subsection 421.06(3) of the personnel licensing standards; and
  • (b) in the case of a licence, documentation establishing that the applicant demonstrated, by means of an evaluation, their ability to speak and understand English or French, or both, at the operational or expert level in accordance with the language proficiency scale set out in the table to subsection 421.06(4) of the personnel licensing standards.

(2) The certification of additional privileges on a permit or licence expires at the end of the period specified on the licence or permit or on receipt of a new permit or licence granting those privileges, whichever is earlier.

(3) The Minister shall extend the validity period of a flight instructor rating for a period of not more than 90 days beginning on the day on which the rating would otherwise expire, if

  • (a) the application for extension of the rating is made while the rating is still valid; and
  • (b) the applicant demonstrates that there has been no reasonable opportunity to renew the rating within the 90 days before the day on which the rating would otherwise expire.

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

421.19 Student Pilot Permit - Requirements

(2) Requirements for Issue of a Student Pilot Permit

An applicant for a Student Pilot Permit shall meet the following requirements:

[...]

  • (c) Medical Fitness
    • (i) An applicant for a Student Pilot Permit - Gyroplane, Balloon, or Helicopter category shall be in possession of one of the following:
      • (A) a Medical Assessment Letter (Form 26-0417), Category 1 or 3; or
      • (B) a Medical Certificate (Form 26-0055), Category 1 or 3.
    • (ii) An applicant for a Student Pilot Permit - Aeroplane category shall be in possession of one of the following:
      • (A) a Civil Aviation Medical Declaration (Form 26-0297) with Part B completed by the applicant and Part C completed by a physician licensed to practice in Canada,
      • (B) a Medical Certificate (Form 26-0055), Category 1, 3 or 4, or
      • (C) a Medical Assessment Letter (Form 26-0417), Category 1, 3 or 4.
    • (iii) An applicant for a Student Pilot Permit - Ultra-Light Aeroplane, or a Student Pilot Permit - Glider shall be in possession of one of the following:
      • (A) a Civil Aviation Medical Declaration (Form 26-0297) with Part B completed by the applicant;
      • (B) a Medical Certificate (Form 26-0055), Category 1, 3 or 4, or
      • (C) a Medical Assessment Letter (Form 26-0417), Category 1, 3 or 4.
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