Exemption from paragraph 401.14(e) of the Canadian Aviation Regulations and paragraph 421.14(3)(b) of Standard 421 – Flight Crew Permits, Licences and Ratings

NCR-067-2020

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 a Commercial Pilot Licence from the requirements of paragraph 401.14(e) of the Canadian Aviation Regulations (CARs) and paragraph 421.14(3)(b) of Standard 421 – Flight Crew permits, Licences and Ratings, subject to the conditions set out below.

Paragraph 401.14(e) of the CARs states that, 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, for applicants for a commercial pilot licence — aeroplane or helicopter, knowledge.

Paragraph 421.14(3)(b) of Standard 421 states that, except as stated in paragraphs (c) and (d), for admission to a flight test required for the issue of a permit, licence or rating, the candidate shall produce a recommendation dated within 30 days prior to the date of the flight test, according to certain conditions, specifically in the case of an applicant for a Commercial Pilot Licence, who is not enrolled in an approved integrated course, proof of having successfully completed the required written examination, and a letter from a flight instructor certifying that the applicant has satisfactory knowledge of the subject area or areas in which a deficiency was indicated by the feedback letter issued by the Flight Training and Aviation Examination (FTAE) computer system and meets the competency standard for issuance of the Commercial Pilot Licence;

Section 401.14 of the CARs and section 421.14 of Standard 421 are 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 in Canada following the declaration of a pandemic outbreak of novel coronavirus (COVID-19) by the World Health Organization (WHO) on March 11, 2020.

More specifically, the purpose of this exemption is to allow the following commercial pilot licence candidates to be accepted for their flight test for the issuance of Commercial Pilot Licences – Aeroplane or Helicopter until December 31, 2020 as a temporary measure:

  • 1) Candidates who are unable to write the Transport Canada licensing examinations prior to attempting their flight test; or
  • 2) Candidates whose 24-month written exam validity will expire without having completed all of the training and checking required for application for a commercial pilot licence.

Application

This exemption applies to the following commercial pilot licence candidates:

  • 1) Candidates who are unable to write the Transport Canada licensing examinations prior to attempting their flight test; or
  • 2) Candidates whose 24-month written exam validity will expire without having completed all of the training and checking required for application for a commercial pilot licence.

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 having completed a minimum of 75% of the total flying experience required for a commercial pilot licence shall produce a letter of recommendation for a flight test from the holder of a flight instructor rating certifying that:
    • (a) a pre-test evaluation (mock flight test) was conducted on the candidate;
    • (b) the candidate is considered to have reached a sufficient level of competency to undertake a flight test for the issuance of the Commercial Pilot Licence; and
    • (c) the candidate is recommended for the flight test.
  2. 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 401.14(e) of the CARs and paragraph 421.14(3)(b) 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) December 31, 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 16th 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

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

[…]

  • (3) Except as stated in paragraphs (c) and (d) below, for admission to a flight test required for the issue of a permit, licence or rating, the candidate shall produce a recommendation dated within 30 days prior to the date of the flight test, as follows:
    • […]
    • (b) in the case of an applicant for a Commercial Pilot Licence, who is not enrolled in an approved integrated course, proof of having successfully completed the required written examination, and a letter from a flight instructor certifying that the applicant has satisfactory knowledge of the subject area or areas in which a deficiency was indicated by the feedback letter issued by the Flight Training and Aviation Examination (FTAE) computer system and meets the competency standard for issuance of the Commercial Pilot Licence;
    • (c) Canadian Forces applicants who are qualified to pilot wings standard shall not be required to submit the letter referred to in paragraphs (a) and (b);
    • (d) holders of valid Private and Commercial Pilot Licences issued by a contracting state are not required to have the letter referred to in paragraphs (a) and (b), provided that the flight test is for the purpose of obtaining the equivalent Canadian licence;
    • […]
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