Staff Instruction (SI) No. SUR-020

Pilot Examiner Monitoring Procedures

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Issuing Office: Civil Aviation Document No.: SI SUR-020
File Classification No.: Z 5000-32 Issue No.: 01
RDIMS No.: 7417044-V4 Effective Date: 2013-01-23

1.0 INTRODUCTION

1.1 Purpose

  1. The purpose of this Staff Instruction (SI) is to:
    1. provide the national standards and procedures for conducting monitoring activities related to Pilot Examiners (PEs); and
    2. ensure that the minimum standards established by the PE Manual and the appointment of delegates with PE responsibilities are consistently measured and applied.

1.2 Applicability

  1. This document is applicable to Transport Canada Civil Aviation (TCCA) Headquarters and Regional personnel involved in Pilot Examiner activities.

1.3 Description of Changes

  1. Not applicable.

2.0 REFERENCES AND REQUIREMENTS

2.1 Reference Documents

  1. It is intended that the following reference materials be used in conjunction with this document:

    1. Aeronautics Act (R.S., 1985, c. A-2);

    2. Subpart 408 of the Canadian Aviation Regulations (CARs) — Flight Testing;

    3. Standard 428 of the CARsConduct of Flight Tests;

    4. Advisory Circular (AC) 408-001 — Pilot Examiner Monitoring Procedures;

    5. Staff Instruction (SI) QUA-008 — Risk Management Process for Aviation Safety Activities;

    6. SI SUR-014 — Suspension or Cancellation of Canadian Aviation Documents for Safety Reasons;

    7. Transport Canada Publication (TP), 14277E, April 2010 — Pilot Examiner Manual;

    8. TP 12475 — Recreational Pilot Permit - Aeroplane Flight Test Guide;

    9. TP 13723 — Private Pilot Licence Flight Test Guide – Aeroplane;

    10. TP 3077 — Private and Commercial Pilot Licence Flight Test Guide – Helicopter;

    11. TP 13462 — Commercial Pilot Licence Flight Test Guide – Aeroplane;

    12. TP 219 — Multi-Engine Class Rating – Aeroplane Flight Test Guide;

    13. TP 9939 — Instrument Rating – Groups 1, 2 and 3 Flight Test Guide;

    14. TP 15099 — Instrument Rating – Group 4 Flight Test Guide;

    15. TP 5537 — Flight Instructor Rating – Aeroplane, Helicopter, Aerobatic;

    16. Transport Canada Form Number 26-0083 — Application for Endorsement of a Rating;

    17. Records Document and Information Management Systems (RDIMS) 4179408 — Approved Check Pilot Risk Indicator Table;

    18. RDIMS 6666875 — Sample Letter of Accreditation for PE Delegation; and

    19. Authorized Person's Guidelines and Personnel Licensing and Procedures Manual.

2.2 Cancelled Documents

  1. Not applicable.

  2. By default, it is understood that the publication of a new issue of a document automatically renders any earlier issues of the same document null and void.

2.3 Definitions and Abbreviations

  1. The following definitions are used in this document:

    1. ccmMercury: a workflow and document tracking system;
    2. Issuing Authority: A Civil Aviation Manager, Technical Team Leader or Associate Director that holds the appropriate delegation to issue a PE delegation, or issue notices of refusal to issue, suspension, refusal to renew or cancellation of a PE delegation;
    3. Pilot Examiner: Within the context of this SI, it means a person holding a delegated pilot examiner accreditation, a delegated pilot examiner that is applying for revision to their delegation, or an applicant who is applying for a pilot examiner delegation; and
    4. Work Plan: The established monitor cycle for a specific PE.
  2. The following abbreviations are used in this document:

    1. PE: Pilot Examiner;
    2. ARASS: Activity Reporting and Standards System;
    3. CAI: authorized Civil Aviation Inspector;
    4. CAP: Corrective Action Plan;
    5. CAR: Canadian Aviation Regulation;
    6. CRM: Crew Resource Management;
    7. DIS: Delegation Information System;
    8. EMIS : Enforcement Management Information System;
    9. FTAE: Flight Training and Aviation Education System;
    10. NACIS: National Aviation Company Information System;
    11. RDIMS: Record Document Information Management System;
    12. TATC: Transportation Appeal Tribunal of Canada;
    13. TCC: Transport Canada Centre;
    14. TCCA: Transport Canada Civil Aviation; and
    15. TTL: Technical Team Lead.

3.0 BACKGROUND

  1. The purpose of recurrent monitoring is to verify that a uniform standard is applied during the conduct of flight tests and the evaluation of a candidate's skills. Monitoring checks may be conducted in an aircraft or in an appropriate flight simulation training device (FSTD).

  2. Where a PE is authorized to conduct flight tests for more than one group of licences or ratings, the test on which the monitor is conducted will be at the discretion of the Issuing Authority. One monitoring event will cover all licences and ratings, unless the Issuing Authority requests otherwise.

  3. A monitoring event will be completed during the first year of accreditation. After the first year of accreditation, the validity period of a PE monitor expires on the first day of the twenty-fifth month following the month in which the PE monitor was completed. Where a PE monitor is renewed within the last 90 days of its validity period, the validity period is extended by 24 months from the original expiry date.

  4. Pilot examiners are required to contact an authorized Civil Aviation Inspector (CAI) within 90 days prior to expiration for completion of a monitoring event. The pilot examiner will arrange, with the inspector, a mutually convenient date and time. Should the pilot examiner not be able to make the necessary arrangements, the inspector will arrange a monitoring event.

4.0 INITIAL APPLICATION

  1. An application for Initial PE authority should be submitted to Transport Canada Civil Aviation (TCCA) in accordance with PE Manual.

4.1 Application Review

  1. The application will be reviewed in accordance with the PE Manual to ensure the applicant meets the following requirements:

    1. Qualifications;

    2. Experience;

    3. The testing authorities requested; and

    4. The need for specific flight testing services for a particular area.

  2. The Issuing Authority may approve an applicant not meeting certain experience requirements. Justification provided in the PE applicant's resume (that accompanies the application form) may be considered in making this determination.  Deviations from policies described in the PE Manual must be subjected to a Risk Assessment in accordance with SI QUA-008 - Risk Management Process for Aviation Safety Activities.

  3. A written recommendation from a CAI, with similar qualifications and experience on the same category of aircraft who is authorized to conduct flight tests pursuant to Part 4 of the CARs, and who has been personally acquainted with the examiner candidate's work, standards and integrity for at least one year, must be part of the application package.

  4. An Enforcement Check of the applicant's personnel record must be conducted in relation to:

    1. Any conviction under subsection 7.3(1) of the Aeronautics Act; or

    2. Two or more convictions, occurring during separate unrelated events, under the CARs.

  5. When the review is successful, the applicant shall be notified to arrange a meeting for the knowledge assessment.

  6. When the review is unsuccessful, the applicant shall be notified in writing, identifying the requirements or qualifications that were not met.  This may be in the form of a requirement letter or, in some rare cases, a "Notice of Refusal to Issue" may be necessary.

5.0 KNOWLEDGE ASSESSMENT

  1. Prior to the issuance of a PE delegation, applicants must complete an open-book assignment pertaining to the content of the PE Manual, the AC - Pilot Examiner Monitoring Procedures and the pertinent Flight Test Guides.  A TCCA assessment is intended to verify that the PE applicant has a sufficient understanding of the following:

    1. The ministerial delegation;

    2. Procedures specific to certain operations; and

    3. Conducting flight tests on behalf of the Minister.

  2. The assigned CAI will assess and supplement the PE applicant's knowledge in accordance with the requirements outlined in the PE Manual. This will provide an opportunity for the PE applicant to meet the acceptable requirements promulgated in the AC - Pilot Examiner Monitoring Procedures and the PE Manual.

  3. When the CAI determines that the applicant has successfully completed the knowledge assessment, they will proceed with a monitoring event.

  4. When the CAI determines that the applicant does not meet an acceptable level of knowledge, the following will be conducted:

    1. During the first attempt - debrief the applicant on the area(s) that require further study;

    2. After the second attempt - direct the applicant to contact another PE to seek remedial training;

    3. After the third attempt – where an unacceptable performance is evaluated in accordance with the AC - Pilot Examiner Monitoring Procedures, make a recommendation for issuance of a "Notice of Refusal to Issue" in accordance with 6.71 of the Aeronautics Act using a process similar to SI SUR-014.

6.0 PILOT EXAMINER MONITOR

  1. TCCA is responsible for conducting the following types of PE monitors:

    1. Initial monitor(s) for new PE applicants;

    2. Revision monitor(s) for PEs revising their delegated authority;

    3. Recurrent monitor(s) for delegated PEs; and

    4. Special Monitoring.

  2. The intent of the monitor is to observe a PE performing a flight test to ascertain his/her ability to perform the delegated duties.

  3. For initial monitors, where an applicant is requesting the authority to conduct flight tests in both an aircraft and a simulator, monitors on both are required (two flight tests will be conducted).

  4. For recurrent monitors, where the PE conducts flight tests in both aircraft and simulator, only one monitor is required, however, it is expected that the monitoring event will alternate between an aircraft and a simulator (i.e. when the previous monitor is conducted on an aircraft, the next monitor must be conducted in a simulator).  Deviations from this expectation must be discussed with the Issuing Authority.

  5. The validity period of an initial PE monitor expires on the first day of the thirteenth month following the month in which the PE monitor was completed.

  6. The validity period of a recurrent PE monitor expires on the first day of the twenty-fifth month following the month in which the PE monitor was completed. Where a PE monitor is renewed within the last 90 days of its validity period, the existing validity period is extended by 24 months.

  7. Where a PE has requested a monitor prior to the expiration of the previous monitor, the Issuing Authority may extend the validity period of a PE monitor once (only 1 extension) between monitors in accordance with one of the following:

    1. a period of up to 90 days; or

    2. a period of up to 24 months, after due consideration of a performance review of data from the previous two years of flight testing activities and a risk management process in accordance with SI QUA-008.

    Note: At no time shall dual monitoring of a PE's conduct of a flight test occur. (A CAI monitoring another CAI who is monitoring the PE.) Monitored check rides for the renewal of PE delegations are necessary to ensure that the level of expertise and the application of flight test standards are kept uniform and consistent. However, an already stressful situation is certainly compounded when a monitored test occurs and even more so when dual monitoring occurs. The key is for candidates to be able to perform to the best of their ability and it is in the interest of all to ensure that levels of performance, evaluation and assessment remain consistent.

6.1 Preparing for the Monitor

  1. In preparation for a monitor, the assigned CAI must accomplish the following items:

    1. Verify completion of the history of Enforcement check;

    2. For recurrent monitors, verify the PE holds the currency and the authority to conduct the flight test on the particular aircraft type(s).  This information can be found in Flight Training and Aviation Education System (FTAE) and Distributed Air Personnel Licensing (DAPLS); and

    3. Obtain a copy of the flight test script or the PE's plan-of-action for airborne flight tests from the PE.  The CAI will review this to ensure adherence to the applicable guide and to provide feedback prior to the monitor.

  2. For recurrent or revision monitors, the CAI will also conduct the following:

    1. Consult FTAE database for a printout of the PE's Flight Test record and remarks entered in support of assessments of sections 7.0(1) and 7.0(2) of this SI;

    2. Check the performance of the PE in comparison to the relevant flight tests, conducted on a national basis with other PEs and with CAIs in regard to adherence to flight test standards and review the use of the marking scale and the remarks for assessments of 7.0(1) and 7.0(2) of this SI;

    3. Review any significant changes in the PE program over the past one or two years, including any current AC with the PE;

    4. Advise the PE, prior to the monitor, that they may be required to produce their PE records for verification during the monitor; and

    5. Complete the Risk Indicator Table – ACP (Records Document and Information Management Systems (RDIMS) 4179408). (Refer to section 8.0 of this SI).

6.2 Pre-Monitor Briefing

  1. The CAI will arrange to meet with the PE before the flight test to conduct the pre-monitor briefing.

  2. The pre-monitor briefing must be conducted in the following manner regardless of how many times the PE has been monitored.

    Note:  When scheduling the pre-monitor briefing, allow sufficient time prior to the flight test pre-briefing. This will provide the opportunity for the CAI and the PE to discuss and answer any questions or concerns the PE has without being rushed.  

  3. The intent of the pre-monitor briefing is for the CAI to:

    1. explain the purpose of the PE monitor;

    2. review the six (6) phases of the monitor, and their elements, as listed on the PE Monitor Report (Appendix A of AC –408-001);

    3. advise that notes will be taken during the monitor;

    4. define the extent of the CAI's input (i.e. resource, but cannot make decisions for the PE);

    5. advise that a debrief meeting will be conducted after the in-flight monitor to discuss the post-flight briefing points;

    6. discuss any significant changes to the PE program, including any current ACs;

    7. ensure the PE has the current PE Manual and applicable Flight Test Guide;

    8. for recurrent monitors, ask the PE if there were any failures or issues since the last monitor and discuss;

    9. discuss the flight test script, plan-of-action, or scenario items as applicable;

    10. for flight tests in an aircraft, review the aircraft documents, weather, Notices to Airmen (NOTAMs) and aircraft deferred defects, the applicable Journey Log and Minimum Equipment List;

    11. discuss Air Traffic Control (ATC) considerations; and

    12. for flight tests in a FSTD, review simulator unserviceabilities and deferred defects in accordance with the Simulator Component Inoperative Guide (SCIG).

  4. The CAI will confirm the PE's Aviation Document and Medical validity.

  5. For recurrent or revision monitors, the CAI will conduct the following, as applicable:

    1. Review the PE's records to ensure the following is being maintained:

      1. The last date the PE attended a PE Workshop and when the next recurrent PE Workshop is due;

      2. The last date the PE was monitored by TCCA and when their next PE Monitor is due;

      3. A list of flight tests conducted by the PE; and

      4. The PE's Delegation of Authority letter.  Ensure the letter version complies with the latest version on their 5802 file in RDIMS. (Template available in RDIMS 6666875)

    2. Discuss any areas of concern with the FTAE Flight Test Record and flight test comments; and

    3. Discuss any areas of concern with the Risk Indicator Table.

    Note: A PE is required to maintain personnel records for a period of at least two years. At the discretion of the CAI, the PE may be required to produce these records for review.

6.3 Pre-Flight Briefing with the Candidate

  1. Refer to Section 8.0 of AC 408-001 – PE Monitoring Procedures – Aeroplane and Helicopter regarding role-playing by a CAI or the use of a mock candidate for PE training and monitoring.

  2. Before the PE conducts the briefing with the flight test candidate, the CAI will:

    1. Greet the candidate and introduce him/herself;

    2. Explain that his/her role during the flight test is a passive observer of the PE's performance and that the PE is conducting the flight test as if the CAI is not present; and

    3. Inform the candidate that once the flight test is completed, the PE and the CAI will require time to validate the flight test assessment prior to conducting the post-flight briefing.

  3. While the PE is conducting their briefing with the candidate, the CAI will only intervene when there are issues with the briefing that could negatively affect the outcome.

6.4 The In-flight Monitor

  1. During the in-flight monitor, the CAI is to take a passive role to the greatest extent possible.  This allows the CAI to assess how the PE conducts the flight test and adapts to unexpected variables.

  2. While the PE is conducting the flight test, the CAI will:

    1. Observe the PE and ensure conformance to the:

      1. applicable Flight Test Guide; and

      2. PE Manual.

    2. Avoid intervening during the in-flight portion unless asked to, or unless incorrect information is being provided that could affect safety or the outcome of the flight test;

    3. Where an assessment of "Unacceptable" is made on the PE, the monitor will be assessed as fail and the flight test should:

      1. Be discontinued; or

      2. In extenuating circumstances, the CAI may take on the role of the PE with their delegation to complete the flight test to minimize the impact on the candidate.

    4. If there is disparity between the CAI and PE on the overall outcome (i.e. pass/fail) of the flight test, the candidate will not be informed until the CAI and PE have met privately to agree on the decision. (See section 6.5 of this SI)

    5. Upon completion of the flight test, an agreement of the overall outcome of the candidate's performance (i.e. pass/fail) will be made and the candidate advised; (See section 6.6 of this SI)

6.5 Debrief Meeting

  1. Upon completion of the flight test, the CAI and the PE will meet privately to validate the PE's assessments on the Flight Test Report.

  2. The CAI will review the following with the PE at the debrief meeting:

    1. The items to be discussed at the post-flight briefing;

    2. The PE's justification for any item(s) assessed/not assessed in accordance with the relevant Flight Test Guide and the PE Manual; and

    3. The method to be used for the post-flight debriefing.

  3. When there is a disagreement on one or more assessments, the CAI's evaluation will take precedence over the PE's and will be used to debrief the candidate.

6.6 Post-Flight Debriefing with the Candidate

  1. When the PE is conducting the post-flight debriefing, the CAI will not intervene unless asked to, or unless incorrect information is being provided that could impact the outcome of the flight test.

  2. Afterwards, the CAI and PE will review the PE's completed forms in private for content and accuracy to include:

    1. Remarks for assessments recorded on the Flight Test Report concur with the requirements of the marking scale;

    2. Remarks for assessments not written with wording that do not support the mark awarded; and

  3. Accuracy and completeness of the Flight Test Report,Application for Endorsement of a Rating (Form #26-0083), and all other required documents.

6.7 Successful Pilot Examiner Monitor Debrief Procedure

  1. The CAI will conduct the debrief with the PE in private with no interruptions, and will include:

    1. A review of the overall performance using the PE Monitor Report Form highlighting strengths, weaknesses, and suggestions for improvement;

    2. Advise the PE of the next steps for the monitor.  This is especially important for initial and revision monitors and that the PE may NOT conduct any flight test until they have received their Delegation of Authority document;

    3. For Initial PE appointment, inform the PE of the requirement for an annual monitor prior to the first day of the 13th month.

    4. For recurrent monitors inform the PE of the requirement for a biennial monitor prior to the first day of the 25th month.

  2. The CAI will remind the PE that it is his/her responsibility to notify Transport Canada within 90 days of their expiry date to book a recurrent monitor and will ask for any questions and whether they have any feedback for you.

6.8 Unsuccessful Pilot Examiner Monitor Debrief Procedure

  1. The CAI will conduct the debrief with the PE in private with no interruptions, and will include:

    1. A review of the overall performance using the PE Monitor Report Form and highlighting strengths, weaknesses, and suggestions for improvement which may include additional training;

    2. For an initial or recurrent monitor, indicate to the PE that with 2 or more assessment grades of (A/B), a need for additional or remedial training will be required through follow-up action by the CAI. "Remedial Training Required" will be indicated on the PE Monitor Report;

    3. For an initial monitor, indicate to the PE that with an assessment grade of (U), a "Refusal to Issue" will be issued in accordance with 6.71 of the Aeronautics Act and a process similar to SI SUR-014;

    4. For a recurrent monitor, indicate to the PE that with an assessment grade of (U), a "Notice of Suspension" will be issued in accordance with 7.1(1) of the Aeronautics Act and the process outlined in SI SUR-014; and

    5. Advise the PE of the right to appeal before the TATC for a failed monitor.

6.9 Completion of Documents for Initial or Recurrent Pilot Examiner Monitors

  1. As the PE does not yet hold the applicable signing authority, the CAI will:

    1. Ensure the CAI's name is shown as the Pilot Examiner conducting the flight test on all applicable forms;

    2. Sign the applicable Flight Test Report and annotate "Initial or Recurrent PE Monitor for – PE Name and Licence Number" in the remarks section;

    3. Sign the Application for Endorsement of a Rating (Form #26-0083);

    4. Sign the Candidate's licence, if required;

    5. Ensure the fee(s) for additional ratings have been paid;

    6. Complete the PE Monitor Report form (Appendix A of AC 408-001) and provide a copy to the PE as soon as practicable; and

    7. Retain all the applicable forms for processing.

7.0 FLIGHT TRAINING AVIATION EDUCATION RECORDS

  1. The FTAE database will be used to collect, print, and review a PE's previous year's performance.

  2. When preparing the report, a date range should be selected, and criteria should be entered to generate a statistical report.

  3. The "Exercise Remarks" should also be printed and reviewed. These are the comments the PE writes on the flight test reports when the candidate receives a mark of one or two.

  4. For comparison, national statistics for PEs and for CAIs should be collected and printed. Once the data is collected, look for possible trends in evaluation errors as outlined in the PE Manual. In addition, review the PE's Flight Test Report remarks to ensure that they substantiate the mark awarded, state the facts supporting evaluations of major or critical errors and are linked to the performance criteria outlined in the relevant Flight Test Guide.

8.0 RISK INDICATOR TABLE – APPROVED CHECK PILOTS

  1. The Risk Indicator Table – ACP (RDIMS 4179408) is a tool to be used to determine the TCCA monitoring work plan for a PE based on the risk profile (i.e. special monitoring and recurrent monitor cycle).

  2. For recurrent monitors, the Risk Indicator Table should be completed prior to the monitor. In some cases, the table will require consultation with the PE, and may necessarily be conducted during or after the monitoring.

  3. Numerical values are added for each known risk indicator and the spreadsheet will calculate a percentage of risk.

  4. Risk areas that are unknown can be left at zero, the spreadsheet will average out the remaining risk indicators.

  5. The higher the risk factor the more time the CAI allocates to monitoring the PE. Presently, the amount of risk is arbitrarily set at 33% and 66%, which means:

    1. A risk amount of up to 33% is acceptable;

    2. A risk amount from 34% to 66% turns the box yellow to suggest that special monitoring and/or remedial training may be required. Due to the variables involved and the outcome of the monitor, the plan of action will be determined by the Issuing Authority; and

    3. A risk amount of 67% or more turns the box red to indicate that special monitoring and/or remedial training is required. The plan of action will be determined by the Issuing Authority.

9.0 DELEGATION ISSUANCE

  1. When issuing a PE Delegation of Authority (initial, revision, or renewal), the following shall be conducted:

    1. The Delegation of Authority letter will be drafted for the Issuing Authority's signature along with an "Agreement with the Minister" (RDIMS 6666875) in accordance with the requirements of the PE Manual. (The Issuing Authority will sign the agreement and upon receipt and acceptance the PE will sign the top copy, return it to the Issuing Authority.);

    2. Include a pad of the applicable flight test forms for Initial PE's; and

    3. Update FTAE and the Delegation Information System (DIS) database.

10.0 PILOT EXAMINER RENEWAL

  1. The PE is responsible to notify TCCA in writing 90 days prior to the expiry date, advising of their intention to renew their PE delegation.

  2. When the renewal notification is received, a review of the request will be conducted to determine if it's only a renewal, or if it includes a revision to their current authority.

  3. When the request only identifies a renewal of an existing authority, proceed to the Delegation Issuance section 9.0 of this SI.

  4. When the request also identifies a revision to their existing authority, TCCA will determine if an authority for revision will be required in accordance with section 11.0 of this SI.

11.0 AUTHORITY REVISION REQUEST

  1. A PE revision request may be to add an additional flight test authority, add an aircraft type or to amend their Delegation of Authority letter.

  2. When the request is to add an additional licence or rating testing authority, an assessment of need and the applicant's eligibility must be determined, and the results shall be identified to the applicant.

  3. When the PE is eligible to have the revision added, it must be determined if a monitor is required:

    1. When a monitor is required, the applicant shall be notified and a CAI will be assigned to conduct the PE monitor in accordance with section 6.0 of this SI; or

    2. When a monitor is not required, the revision to the Delegation of Authority letter shall be issued.

  4. When the request is to amend the Delegation of Authority letter for other reasons (i.e. simulator only, loss of medical, change of address or employment or resignation), a letter administratively modifying the delegation shall be issued to the PE.

  5. When the PE is not eligible to have the revision added, the applicant will be notified in writing, stating which requirement(s) was/were not met.

12.0 PILOT EXAMINER EXTENSIONS

  1. A PE may submit a written request to TCCA for a monitor extension. The reason for the request shall be assessed once it has been confirmed that the PE is eligible for the extension.

  2. When the decision is made to grant or deny the extension in accordance with the PE Manual, the PE shall be notified in writing. When the request is being denied, the letter should include the reason(s) for denial.

13.0 SPECIAL MONITORING

  1. The purpose of special monitoring is to ensure that the PE is complying with the PE Manual and the Flight test Guide(s).

  2. The requirement for special monitoring of a PE may arise from areas of concern which may include, but are not limited to:

    1. pass rates consistently well above or below the national averages for PEs and for CAIs;

    2. flight test times that are consistently much shorter or longer than the national averages for PEs and for CAIs;

    3. flight test remarks that do not support the mark awarded;

    4. being the subject of a substantiated public complaint regarding their competence or their conduct of a flight test; and

    5. involvement in an accident, incident or a violation under the CARs or the Aeronautics Act.

  3. On a periodic basis, TCCA will conduct a review of the PE's performance, which may include, but is not limited to:

    1. an Enforcement Check of the applicant's personnel record, relating to:

      1. any conviction under subsection 7.3(1) of the Aeronautics Act; or

      2. two or more convictions, occurring during separate unrelated events, under the CARs.

    2. a review of Flight Test Statistics and remarks in FTAE; or

    3. a review of FTAE remarks and RDIMS for any PE findings.

  4. The assigned CAI will review the results to determine if further action is required. When further action is required, the CAI will consult with the Issuing Authority to determine an appropriate follow-up.

14.0 DRAFTING PILOT EXAMINER OBSERVATIONS

14.1 General

  1. Observations form the basis for the special monitoring of individual PEs. They may also be used as evidence to support a decision for remedial training, a TCCA-initiated PE monitor, suspension, cancellation or refusal to renew the PE's Delegation of Authority.

  2. PE observations may be generated based on, but not limited to:

    1. a PE Monitor;

    2. a special monitoring activity;

    3. a PE conducting flight tests with an expired monitor and/or expired authority;

    4. a Civil Aviation Issues Reporting System (CAIRS), if known; or

    5. non-compliance with regulations or non-conformance with policies and procedures specific to the conduct of flight tests.

  3. When a CAI has discovered a deficiency or concern that may warrant writing an observation, the Issuing Authority will be contacted to discuss the issue.

14.2 Drafting An Observation

  1. Where a PE's conduct requires a documented corrective action, the CAI will conduct the following:

    1. Draft the observation and cover letter;

      Note: Observations should be sent to the PE within 10 calendar days from the date the issue was discovered.

    2. Ensure that the observation report includes the following:

      1. Identification of the decision or deficiencies that require correction;

      2. Reference the applicable regulation or policy, providing example(s) and the applicable expectation(s) that was(were) not satisfied; and

      3. A request for a Corrective Action Plan normally with a 30 day deadline (this time may be reduced subject to individual circumstances).

    3. Update FTAE in the remarks tab.

14.3 Corrective Action Plan Submission

  1. When a CAP submission is received, the assigned CAI will review the CAP submission and determine if it is acceptable or unacceptable.

  2. When the CAP submission is found acceptable, the PE will be notified in writing.

  3. When the CAP submission is found unacceptable, the PE will be notified in writing, stating the reason(s) for rejection and a new target due date.

  4. Copies of all documents shall be saved into the PE's 5802 file and a note shall be identified in FTAE.

  5. Where the PE fails to submit a CAP within the specified time frame:

    1. TCCA will attempt to contact the PE for reasons why the CAP is delayed. If acceptable, the CAP due date may be extended under extenuating circumstances; or

    2. If the reason is unacceptable, discuss the next course of action with the Issuing Authority.

15.0 REFUSAL TO ISSUE, SUSPENSION, REFUSAL TO RENEW, CANCELLATION

  1. Pursuant to 7.1(1) of the Aeronautics Act, the Issuing Authority may cancel a PE's Delegation of Authority on the basis of any of the following:

    1. a record of conviction of an offence punishable on summary conviction under 7.3 of the Aeronautics Act or the CARs; or

    2. evidence of malpractice or fraudulent use of the delegation of authority.

  2. Pursuant to 7.1(1) of the Aeronautics Act, the Issuing Authority may suspend or refuse to renew a PE's Delegation of Authority on the basis of any of the following:

    1. upon the written request of the PE;

    2. when there is no longer a need for the PE's service;

    3. a record of violation of the CARs resulting in one or both of the following penalties:

      1. an administrative monetary penalty assessed in accordance with sections 7.6 to 8.2 of the Aeronautics Act, where there has been a violation of a designated provision; or

      2. the suspension of a Canadian Aviation Document in accordance with section 6.9 of the Aeronautics Act, in respect of any contravention of a provision of Part 1 of the Aeronautics Act.

    4. the need to investigate the circumstances following an incident or accident in which the PE is implicated;

    5. the PE no longer complies with the conditions of the Delegation of Authority;

    6. failure to attend required PE Workshops;

    7. in the case of a PE with an ultra-light authority, failure to maintain a Flight Instructor Rating – Ultra-light Aeroplane;

    8. in the case of a PE with RPP(A), PPL, CPL or Flight Instructor Rating authority, failure to maintain a Class 1 Flight Instructor Rating;

    9. failure to maintain an Instrument Rating, if authorized to conduct Instrument Rating flight tests;

    10. the need for repeated direction in the proper conduct and administration of flight tests;

    11. unacceptable performance in any phase of PE duties or responsibilities, including the inability to accept or carry out the supervising Issuing Authority's instructions;

    12. failure to conduct flight tests in accordance with the instructions, techniques and procedures set forth in PE Manual (TP14277) and the applicable Flight Test Guide(s);

    13. failure to comply with the terms and conditions set forth and agreed upon in the "Agreement with the Minister" and the Letter of Delegation of Authority; or

    14. for any reason the Issuing Authority considers appropriate and in the public interest.

16.0 DATABASE UPDATES

16.1 Flight Training and Aviation Education System

  1. The FTAE database should be updated after completion of the following PE activities:

    1. A Monitor;

    2. Initial Issuance of Letter of Delegation of Authority;

    3. Revision of Letter of Delegation of Authority;

    4. Renewal;

    5. Monitor Extensions; and

    6. Observations and CAPs.

17.0 INFORMATION MANAGEMENT

  1. All PE documents that are electronically created must be saved into RDIMS using the appropriate subject file classification and naming conventions.

  2. Hardcopy documents that support the PE activity are scanned and saved into RDIMS or paper profiled.

18.0 DOCUMENT HISTORY

  1. Not applicable.

19.0 CONTACT OFFICE

For more information, please contact the:

Chief, Commercial Flight Standards (AARTF)
Phone: 613-990-1022
Fax: 613-990-6215
E-mail: arlo.speer@tc.gc.ca

Suggestions for amendment to this document are invited, and should be submitted via: AARTinfodoc@tc.gc.ca

Original signed by Arlo Speer for

Aaron McCrorie
Director, Standards
Civil Aviation
Transport Canada

Transport Canada documents or intranet pages mentioned in this documents are available upon request through the Contact Office

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