Exemption from paragraph 401.14(a) of the Canadian Aviation Regulations and subsection 421.14(1) of Standard 421 – Flight Crew Permits, Licences and Ratings

NCR 058-2020

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, Airline Transport Pilot Licence or Flight Instructor Rating from the requirements of paragraph 401.14(a) of the Canadian Aviation Regulations (CARs) and subsection 421.14(1) of Standard 421 – Flight Crew Permits, Licences and Ratings , subject to the conditions set out below.

Paragraph 401.14(a) 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 medical fitness.

Subsection 421.14(1) of Standard 421-Flight Crew Permits, Licences and Ratings states that for admission to the flight test for a permit, licence or rating, the applicant shall have met the medical standards and hold a valid medical certificate appropriate to the permit, licence or rating for which application is made.

Section 401.14 of the CARs and subsection 421.14(1) of Standard 421-Flight Crew Permits, Licences and Ratings are reproduced 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 11th, 2020. Consequently, most Civil Aviation Medical Examiners have temporarily closed their offices thus rendering the ability to undergo Civil Aviation medical examinations unavailable.

More specifically, this exemption is to allow candidates whose Category 1 medical certificates issued or renewed by the Minister of Transport who no longer meet the validity period for a Commercial licence yet still have validity for a Private licence or who now hold a valid Category 3 Medical certificate to attempt a flight test for the Commercial Pilot Licence, Airline Transport Pilot Licence or Flight Instructor Rating until August 31, 2020, as a temporary measure.

Application

This exemption applies to all candidates, who hold a valid Category 1 medical certificate for a Commercial licence or currently hold a valid Category 3 Medical Certificate valid for a Private licence, attempting the flight test for the issuance of a Commercial Pilot Licence, Airline Transport Pilot Licence or Flight Instructor 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 condition(s):

1. Persons attempting a flight test for the issuance of Commercial Pilot Licences, Airline Transport Pilot Licences or Flight Instructor Ratings shall hold a Category 3 Medical certificate hold a Category 1 Medical Certificate that no longer meets the validity period of a Commercial licence yet still has validity for a Private licence.
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(a) of the CARs and subsection 421.14(1) 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) August 31, 2020 at 23:59 (EDT); 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 13th day of May, 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 provision of Standard 421 – Flight Crew Permits, Licences and Ratings

421.14 Flight Test Prerequisites

• (1) For admission to the flight test for a permit, licence or rating, the applicant shall have met the medical standards and hold a valid medical certificate appropriate to the permit, licence or rating for which application is made.
  (amended 2006/12/14)
• (2) […]
• (3) […]
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