Failure of a Flight Test
Failure to achieve the minimum pass mark (39) or the failure of any flight test item on the flight test report constitutes a failure of the flight test.
The failure of any ground item will require a complete re-test and precludes the air portion of the flight test. Ground items are not eligible for a partial flight test.
If one air item is failed, the candidate will be eligible for a partial flight test on that item and the failure of a second air item will require a complete re-test.
If not satisfied with the outcome of the flight test, a candidate may wish to file a written complaint regarding the conduct of a flight test or the performance of an examiner with the Transport Canada Regional Office responsible for that examiner. In order to succeed with a complaint, the applicant will have to satisfy Transport Canada that the test was not properly conducted. Mere dissatisfaction with the flight test result is not enough. After due consideration of the individual case, the Regional Superintendent/TTL, may authorize a re-test to be conducted, without prejudice (with a clean record in regard to the disputed flight test), by a Civil Aviation Inspector or an alternate pilot examiner. Should the complaint not be addressed to the candidate's satisfaction, the procedure to be followed is outlined in Civil Aviation Issues Reporting System (CAIRS). The document can be found at: http://www.tc.gc.ca/eng/civilaviation/opssvs/secretariat-cairs-menu-209.htm
NOTE: DO NOT STRIKETHROUGH ANY PRIVILEGE ON A CANADIAN AVIATION DOCUMENT.
A pilot licence, including any ratings or endorsements attached to that licence, is a Canadian Aviation Document (CAD). The powers to suspend, cancel or refuse to renew a CAD or any of its additional privileges, are set out in the Aeronautics Act.
In the event of the failure of a flight test to renew a valid instrument rating, the Minister is bound by CAR subsection 401.17(1) to suspend the rating. The examiner will initiate the suspension process by contacting the Transport Canada Regional Office no later than the next working day to report the failure. The Regional Office will then issue a formal Notice of Suspension in accordance with Staff Instruction SI-SUR-016.
Section 6.8 of the Aeronautics Act states: In addition to any ground referred to in any of sections 6.71, 6.9 to 7.1 and 7.21, the Minister may suspend, cancel, refuse to issue, amend or renew a Canadian Aviation Document in the circumstances and on the grounds prescribed by regulation of the Governor in Council. [R.S., 1985, c. 33 (1st Supp.), s. 1; 2001, c. 29, s. 34.]
CAR section 401.17 is therefore supported by Section 6.8 of the Aeronautics Act, which has no provision for appeal before the Transportation Appeal Tribunal of Canada. The only avenue for appeal of a failure for which a candidate has not reached a resolution with Transport Canada is an appeal before the Federal Court of Canada.
The Federal Court may be contacted at: Federal Court, Ottawa, Ontario, Canada K1A 0H9.
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