Exemption from paragraph 421.11(5)(b) of Standard 421– Flight Crew Permits, Licences and Ratings made pursuant to section 401.11 of the Canadian Aviation Regulations

NCR-072-2020

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 the Airline Transport Pilot Licence that received and recorded Pilot-in-command-Under-Supervision experience during the 12 months prior to March 12, 2020 from the requirements of paragraph 421.11(5)(b) of Standard 421 – Flight Crew Permits, Licences and Ratings made pursuant to section 401.11 of the Canadian Aviation Regulations (CARs), subject to the conditions set out below.

The above mentioned provisions are reproduced in Appendix A.

Purpose

This exemption will extend the validity period of the Pilot-in-command-Under-Supervision (PICUS) experience that was on record and still valid on March 12, 2020, for a period of 6 months, extending validity from 12 months to 18 months, as a temporary measure.

This exemption will allow temporary measures in the public interest to reduce the regulatory demand on applicants for an Airline Transport Pilot Licence by retaining the validity of PICUS experience on record and valid on March 12, 2020 for an extended period. It will also ease the unnecessary risk of exposing healthy applicants to potentially hazardous settings in Canada, following the declaration of a pandemic outbreak of COVID-19 by the World Health Organization on March 11, 2020.

Application

The exemption shall apply to all applicants for the Airline Transport Pilot Licence that received and recorded Pilot-in-command-Under-Supervision experience during the 12 months prior to March 12, 2020.

This exemption ceases to apply to an applicant who breached a condition of this exemption.

Conditions

This exemption is subject to the following conditions:

  1. The exemption shall only apply to the Pilot-in-command-Under-Supervision (PICUS) experience that was on record and still valid on March 12, 2020.
  2. Applicants for the Airline Transport Pilot Licence that received and recorded Pilot-in-command-Under-Supervision experience during the 12 months prior to March 12, 2020 shall comply with the CARs in all respects, and the CARs shall continue to apply in all respects other than the specific exemption set out herein, or any other applicable exemption issued by the Minister of Transport.

Validity

This exemption is in effect to 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 4th 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

Airline Transport Licence — Training Program and Recording of Time

  • 401.11 (1) No person shall record in a personal log the flight time acquired by a co-pilot while acting as pilot-in-command under supervision, unless the flight time
    • (a) was acquired in accordance with an airline transport pilot licence training program approved by the Minister pursuant to subsection (2) and carried out in accordance with the personnel licensing standards; and
    • (b) is recorded in the personal log in accordance with the personnel licensing standards.
  • (2) The Minister shall approve a training program referred to in paragraph (1)(a) if the applicable requirements set out in the personnel licensing standards are met.

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

421.11 Airline Transport Licence Training (Pilot-in-command Under Supervision)

  • (1) All air operators using large aeroplanes may institute programs of supervision to allow co-pilots to credit flight time as pilot-in-command time.
  • (2) Air operators using small aeroplanes and Air operators using helicopters may institute a program of supervision referred to in subsection (1) provided that they have received authorization to do so from the Minister based on the operator’s ability to institute such a program in a safe and effective manner.
  • (3) The training program shall be conducted in accordance with the following:
    • (a) the operator shall ensure that the supervisory pilots are briefed on these procedures by the Minister; and
    • (b) the pilot-in-command under supervision flight time may be acquired in the co-pilot's seat provided the pilot-in-command functions described in clauses (i) and (ii) can be performed from the seat. Otherwise, the pilot-in-command under supervision flight time shall include a minimum of ten hours in the pilot-in-command seat. The pilot-in-command under supervision flight time shall include:
      • (i) with the exception of taxiing, at least all the flight functions of a pilot-in-command including flight planning, takeoff, landing, en route flying and approach; and
      • (ii) a minimum of one takeoff and one landing for each ten hours of flight time.
  • (4) The conditions for crediting an applicant's flight time are as follows:
    • (a) An applicant for an Airline Transport Pilot Licence - Aeroplane shall be given credit for up to 100 hours of pilot-in-command flight time under supervision, provided the applicant:
      • (i) holds a Commercial Pilot Licence - Aeroplane with a multi-engine rating and the aeroplane type rating in which the flight time is acquired;
      • (ii) has a Group I instrument rating; and
      • (iii) has accumulated a minimum of 150 hours pilot-in-command flight time in aeroplanes.
    • (b) An applicant for an Airline Transport Pilot Licence - Helicopter shall be given credit for up to 150 hours of pilot-in-command flight time under supervision, provided the applicant:
      • (i) holds a Commercial Pilot Licence - Helicopter with the helicopter type rating in which the flight time is acquired; and
      • (ii) has accumulated a minimum of 100 hours pilot-in- command flight time in helicopters.
  • (5) An applicant shall be credited flight time as follows:
    • (a) not more than 50% of the pilot-in-command under supervision flight time for a total of up to 100 hours in the case of an Airline Transport Pilot Licence - Aeroplane and up to 150 hours in the case of an Airline Transport Pilot Licence - Helicopter may be credited toward pilot-in-command experience requirements; and
    • (b) Pilot-in-command under supervision flight time, provided such flight time is acquired within the 12 months preceding the date of application for the licence for which the flight time is to be credited.
  • (6) When an application for an Airline Transport Pilot Licence is based in part on pilot-in-command under supervision flight time, the applicant shall:
    • (a) submit a personal log or other reliable record that contains a summary of the pilot-in-command under supervision flight time and the number of takeoffs and landings; and
    • (b) enter a notation on the application form showing the portion of pilot-in-command flight time that was done under supervision.
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