Exemption from subsection 604.139(1) of the Canadian Aviation Regulations

NCR-039-2020

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 private operators conducting flight operations under Subpart 4 of Part VI of the Canadian Aviation Regulations (CARs) from the requirements of subsection 604.139(1) of the CARs, subject to the conditions set out below.

Subsection 604.139(1) of the CARs is reproduced in full in Appendix A.

Purpose

The purpose of this exemption is to provide a private operator with the temporary authority to extend the valid-to date of a Pilot Proficiency Check (PPC), competency check and the annual training of any company pilot, flight attendant or person assigned to perform duties on-board an aircraft for an additional 90 consecutive days.

This exemption provides temporary measures in the public interest in response to travel restrictions, limited access to training facilities, isolation measures, and other impediments that private operator operators are encountering in the training and checking of flight and cabin crew 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 a private operator conducting flight operations under Subpart 4 of Part VI of the CARs and allows a private operator to extend the valid-to date of a PPC, competency check and the annual training of any company pilot, flight attendant or person assigned to perform duties on-board an aircraft for an additional 90 consecutive days. Training that is only required to be completed every second or third year and is due for inclusion in the next annual training cycle can be deferred until the 90-day extension period granted by this exemption has ended. The extension of a valid-to date of a PPC or competency check results in the same-period extension of the training and checking of any Special Authorization and privilege associated with the PPC or competency check.

This exemption ceases to apply to a private operator that does not respect a condition of this exemption. A regional Transport Canada Civil Aviation authority may limit or prevent a private operator from using this exemption if the regional authority deems that an operational necessity has not been demonstrated or the conditions below are not being appropriately applied.

A private operator that conducts training and checking in an aircraft is eligible to use this exemption if training and checking is not possible and there is an operational necessity to use this exemption.

Conditions

This exemption is subject to the following conditions:

  1. The 90 consecutive day extension to a PPC, competency check and annual training shall only be applied to a PPC, competency check and annual training that is currently valid or has not been expired for more than 15 days.
  2. The 90-day extension shall be added to the existing valid-to date (original date, and not the valid-to date of a 60 day extension, if applicable) and will expire at 23:59 (EDT) on the 1st day of the month that immediately follows the 90-day extension.
  3. This exemption shall only be used by a private operator that has no means to complete annual training and checking on any company pilot, flight attendant or person assigned to perform duties on-board an aircraft and there is an operational necessity to extend the valid-to date.
  4. A private operator that uses this exemption shall incorporate risk mitigation and control measures to reduce risk to as low as reasonably possible. Such measures should include, to the extent possible, minimizing or avoiding the pairing of two or more crew members that have an extended valid-to date (training and/or checking) and avoiding extensions to training and checking in situations where a crew member may lack proficiency because of an extended absence from flight duties. Mitigations and other control measures shall be explained and documented by the operator, distributed to affected crew members and provided to the private operator’s Principal Operations Inspector (POI) for approval.
  5. A private operator shall provide their POI with a list of company personnel that will be conducting flight operations with an extension to a PPC, competency check and/or annual training.
  6. A private operator that normally conducts training and checking in a flight simulator and has limited or no access to a flight simulator shall not be obligated to conduct training and checking in an aircraft, should that option be available.

Validity

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

  • a) October 31, 2020 at 23:59 (EDT); This is the last day that an extension can be granted for a PPC and annual training, with the extension expiring no later than February 1st 2021; 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 3rd day of April 2020, on behalf of the Minister of Transport.

“Original signed by”

Nicholas Robinson
Director General, Civil Aviation
Transport Canada Transport Canada

Appendix A

Pertinent provision of the Canadian Aviation Regulations

Validity period

  • 604.139 (1) Subject to subsections (2) and (3), for the purposes of this Division and Division IV, the validity period of any training, any competency check or any pilot proficiency check expires on
    • (a) in the case of training in the performance of the emergency procedures referred to in subsection 604.169(2) and in subparagraphs 604.179(z)(viii) and (ix), and the high altitude indoctrination training referred to in section 604.176, the first day of the thirty- seventh month after the month in which the training was completed;
    • (b) in the case of all other training, the first day of the thirteenth month after the month in which the training was completed; and
    • (c) in the case of a competency check or pilot proficiency check, the first day of the twenty-fifth month after the month in which the competency check or pilot proficiency check was successfully completed.
  • (2) If any training, competency check or pilot proficiency check is renewed within the last 90 days of its validity period, its validity period is extended by
    • (a) 36 months, in the case of training in the performance of the emergency procedures referred to in subsection 604.169(2) and in subparagraphs 604.179(z)(viii) and (ix), and the high altitude indoctrination training referred to in section 604.176;
    • (b) 12 months, in the case of all other training; and
    • (c) 24 months, in the case of a competency check or pilot proficiency check.
  • (3) The validity period of a flight dispatcher competency check expires on the first day of the thirteenth month following the month in which the check was completed.
    • (a) the application for extension is made during the validity period; and
    • (b) the applicant demonstrates that there has been no reasonable opportunity to renew the training, competency check or pilot proficiency check within the 90 days before the day on which the training, competency check or pilot proficiency check would otherwise expire.

Flight Crew Members - Ground Instruction

  • 604.169 […]
  • (2) The ground instruction component of the training program for flight crew members shall include training in the performance of the following emergency procedures:
    • (a) the use of fire extinguishers;
    • (b) the operation and use of emergency exits;
    • (c) passenger preparation for an emergency landing or ditching;
    • (d) emergency evacuation procedures;
    • (e) if the flight crew members will be assigned to aircraft equipped with life preservers, the donning and inflation of life preservers;
    • (f) if the flight crew members will be assigned to aircraft equipped with life rafts, the removal of life rafts from the stowage compartment, and the deployment, inflation and boarding of life rafts; and
    • (g) procedures for dealing with pilot incapacitation.
    • […]

Flight Attendants

  • 604.179 The component of the training program for flight attendants shall include the following elements:
    • […]
    • (z) training that includes the performance of the following emergency procedures:
      • […]
      • (viii) if the flight attendants will be assigned to an aircraft equipped with life rafts, the removal of life rafts from the stowage compartment and the deployment, inflation and boarding of life rafts, and
      • (ix) fire fighting, including the use of a fire extinguisher on an actual fire.
Date modified: