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Part IV - Personnel Licensing and Training

Canadian Aviation Regulations (CARs) 2011-2

Subpart 0 - General

Content last revised: 2011/12/01

DIVISION I - GENERAL

Interpretation

400.01(1) In this Part,

(amended 2001/03/01; previous version)

"aeroplane" - does not include an ultra-light aeroplane; (avion)

“aviation document booklet” means a booklet issued by the Minister in which certain documents issued under this Part can be affixed. (carnet de documents d’aviation)
(amended 2010/02/02; no previous version)

"balloon" - includes any lighter-than-air aircraft; (ballon)

“booklet label” means a label that is intended to be affixed in an aviation document booklet. (étiquette de carnet)
(amended 2010/02/02; no previous version)

“complex aeroplane” means an aeroplane that has flaps and a constant-speed propeller and, except in the case of a seaplane, retractable landing gear; (avion complexe)
(amended 2006/12/14; no previous version)

"dual instruction flight time" means the flight time during which a person is receiving flight instruction from a person qualified in accordance with section 425.21 of the Personnel Licensing and Training Standards respecting Flight Training; (temps d’instruction de vol en double commande)
(amended 2003/06/01; no previous version)

“employed on a full-time basis” means working for a flight training unit on a continuous basis for at least the number of hours required to carry out the duties of the position intended to ensure the safe operation of the flight training service; (employé à temps plein)
(amended 2006/12/14; no previous version)

"examination" - means any written examination or written practical qualifications examination required by the personnel licensing standards for the issuance of a permit or licence or for the endorsement of a permit or licence with a rating; (examen)

“flight following” means the monitoring of a flight's progress, the provision of any operational information that might be requested by the pilot-in-command, and the notification of the flight training unit and search-and-rescue authorities if the flight is overdue or missing; (suivi de vol)
(amended 2006/12/14; no previous version)

"flight instructor experience", with respect to the experience requirements for a flight instructor rating for an aeroplane or helicopter, means the flight time accumulated in an aeroplane or helicopter
(amended 2005/12/01; no previous version)

(a) by a holder of a flight instructor rating while providing dual flight instruction to applicants for

(i) a pilot permit — recreational,

(ii) a private or commercial pilot licence, or

(iii) a night rating, VFR OTT rating, flight instructor rating — aeroplane, flight instructor rating — helicopter or flight instructor rating — aeroplane — aerobatic,

(b) by a holder of a foreign flight instructor rating issued by a contracting state, while providing dual flight instruction to an applicant for a permit, licence or rating equivalent to one of those referred to in paragraph (a), and

(c) by a Canadian Forces qualified flying instructor while providing dual flight instruction to persons undergoing initial flight training in the Canadian Forces; (expérience d’instructeur de vol)

“flight watch” means maintaining current information on the progress of a flight and monitoring all factors and conditions that might affect the flight; (surveillance de vol)
(amended 2006/12/14; no previous version)

"foreign licence validation certificate" - means a certificate issued by the Minister pursuant to subsection 401.07(1); (certificat de validation de licence étrangère)

"glider" - includes a powered glider; (planeur)

"ground school instruction" - means classroom-type instruction generally given to one or more persons and covering an organized program of lectures, homework or self-paced study that adheres to an approved training program; (instruction théorique au sol)
(amended 2001/03/01; previous version)

"high-performance aeroplane", with respect to a rating, means
(amended 2001/03/01; no previous version)

(a) an aeroplane that is specified in the minimum flight crew document as requiring only one pilot and that has a maximum speed (Vne) of 250 KIAS or greater or a stall speed (Vso) of 80 KIAS or greater, or

(b) an amateur-built aeroplane that has a wing loading greater than that specified in section 549.103 of the Airworthiness Manual; (avion à hautes performances)

"instrument time" means
(amended 2001/03/01; no previous version)

(a) instrument ground time,

(b) actual instrument flight time, or

(c) simulated instrument flight time; (temps aux instruments)

“integrated course” means a course of pilot training developed using the principles of instructional systems design, in which all instructional stages are completed as one continuous course and the flight training elements are interrelated and sequenced to provide for the efficient achievement of the learning objectives; (cours intégré)
(amended 2006/12/14; no previous version)

"invigilator" - means a person who is designated by the Minister to supervise a written examination; (surveillant)

"main base" - means a location at which a flight training unit has personnel, aircraft and facilities for the operation of a flight training service and that is established as the principal place of business of the flight training unit; (base principale)

"minimum flight crew document" - means a document, issued by the Minister, the Government of the United States or an aircraft manufacturer, that relates to an aircraft and that specifies the number of pilots required to operate the aircraft, but does not include an air operator certificate; (document relatif à l'équipage de conduite minimal)

"operational control” means the exercise of authority over the initiation, continuation, diversion or termination of a flight in the interest of the safety of the aircraft and the regularity and efficiency of the flight; (contrôle d’exploitation)
(amended 2006/12/14; previous version)

"operations specifications" - in respect of a flight training unit, means the operations specifications set out in a flight training unit operator certificate, and includes any amendment to the conditions of operation; (spécifications d'exploitation)

“pilot's self-dispatch” means a flight where the pilot-in-command is solely responsible for flight watch; (régulation du vol par le pilote)
(amended 2006/12/14; no previous version)

"pre-flight briefing" - means a one-to-one practical briefing that is conducted just prior to a training flight for the purpose of ensuring that the trainee understands exactly what will take place during the flight; (exposé avant vol)

"preparatory ground instruction" - means classroom-type instruction, generally on a one-to-one basis but not excluding group instruction, that is based on lesson plans contained in or developed from the applicable flight instructor guide; (instruction au sol avant vol)

"satellite base" - means a location at which a flight training unit has personnel, aircraft and facilities for the operation of a flight training service on a temporary basis; (base satellite)

"solo flight time" means, with respect to the flight time necessary to acquire a permit, licence or rating,
(amended 2003/06/01; no previous version)

(a) in the case of a pilot, the flight time during which the pilot is the sole flight crew member, and

(b) in the case of a student pilot permit holder, the flight time during which the holder is the sole occupant of an aircraft while under the direction and supervision of the holder of an instructor rating for the appropriate category of aircraft; (temps de vol en solo)

“sub-base” means a location at which a flight training unit positions aircraft and personnel and from which operational control is exercised in accordance with the flight training operations manual and operational control system; (base secondaire)
(amended 2006/12/14; no previous version)

"training flight" - means a dual instruction flight or a solo practice flight that is conducted under the direction and supervision of a flight instructor; (vol d'entraînement)

"ultra-light aeroplane" - includes a powered parachute and a powered para-glider. (avion ultra-léger)

(2) Any reference in this Part to a permit, licence, rating or foreign licence validation certificate is a reference to a valid Canadian permit, licence, rating or foreign licence validation certificate.

(3) Any reference in this Part to "military" is a reference to the Canadian Forces.
(amended 2001/03/01; no previous version)

DIVISION II - EXAMINATIONS

Examination Rules

400.02(1) Except as authorized by an invigilator, no person shall, or shall attempt to, in respect of a written examination,

(a) copy or remove from any place all or any portion of the text of the examination;

(b) give to or accept from any person a copy of all or any portion of the text of the examination;

(c) give help to or accept help from any person during the examination;

(d) complete all or any portion of the examination on behalf of any other person; or

(e) use any aid or written material during the examination.

(2) A person who commits an act prohibited under subsection (1) fails the examination and may not take any other examination for a period of one year.
(amended 2005/12/01; previous version)

(3) A person who uses a hand-held calculator during an examination shall use a hand-held calculator whose memory is cleared before and after the examination in the presence of the invigilator.

(4) A person who uses a hand-held electronic computer during an examination shall use a hand-held electronic computer

(a) that has been specifically designed for flight operations;

(b) that has been approved by the Minister for examination purposes; and

(c) whose memory is cleared before and after the examination in the presence of the invigilator.

Time Limits

400.03(1) Subject to subsection (3), written examinations, including all sections of a sectionalized examination, that are required for the issuance of a permit or licence or for the endorsement of a permit or licence with a rating shall be completed during the 24‑month period preceding the date of the application for the permit, licence or rating.
(amended 2012/02/19; previous version)

(2) Subsection (1) does not apply in respect of examinations that are required for the issuance of
(amended 2001/03/01; previous version)

(a) a student pilot permit; or
(amended 2001/03/01; previous version)

(b) an airline transport pilot licence if examinations were previously written
(amended 2001/03/01; previous version)

(i) for the endorsement of a type rating, a mark of 70 per cent or higher was obtained on the examination and the type rating was issued;
(amended 2001/03/01; previous version)

(ii) for the issuance of the former senior commercial pilot licence, a mark of 70 per cent or higher was obtained on the examination and the senior commercial pilot licence was issued; or
(amended 2001/03/01; previous version)

(iii) for the issuance of an airline transport pilot licence — aeroplane, an airline transport pilot licence — aeroplane integrated course was successfully completed during the 5-year period preceding the date of the application for the licence and a course completion certificate was issued.
(amended 2006/12/14; no previous version)

(3) The regulatory requirements examination referred to in subsection 566.03(5) of Standard 566 - Aircraft Maintenance Engineer Licensing and Training that is required for the issuance of an aircraft maintenance engineer (AME) licence shall be completed during the 12-month period immediately following the date on which the application for the licence is accepted by the Minister.
(amended 2003/06/01; no previous version)

Rewriting of Examinations

400.04(1) Subject to subsections (2) and (6), a person who fails an examination or a section of a sectionalized examination required for the issuance of a flight crew permit, licence, rating or foreign licence validation certificate is ineligible to rewrite the examination or the failed section for a period of
(amended 2001/03/01; previous version)

(a) in the case of a first failure, 14 days;

(b) in the case of a second failure, 30 days; and

(c) in the case of a third or subsequent failure, 30 days plus an additional 30 days for each failure in excess of two failures, up to a maximum of 180 days.

(2) A person who fails the Student Pilot Permit or Private Pilot Licence for Foreign and Military Applicants, Aviation Regulations (PSTAR) examination is eligible to rewrite the examination at any time after the person has received notice of the failure and has reviewed their weak knowledge areas.
(amended 2001/03/01; previous version)

(3) A person who fails an examination required for the issuance of an aircraft maintenance engineer (AME) licence or rating is eligible to rewrite the examination in accordance with the criteria specified in Chapter 566 of the Airworthiness Manual.

(4) A person who passes a sectionalized examination but fails one or more Sections of that examination shall rewrite the failed Section or Sections in one sitting.

(5) Where a person requests to rewrite an examination, the Minister shall inform the person in writing of the date on which the person may rewrite the examination and whether the person is required to provide evidence of further study or instruction before rewriting the examination.

(6) If a person submits a request to the Minister to shorten the period between examination attempts, the Minister shall grant the request on receipt of confirmation that the person has reviewed their weak knowledge areas.
(amended 2001/03/01; no previous version)

DIVISION III - FLIGHT TRAINING SERVICE

Authorization to Operate Flight Training Service under NAFTA

400.05(1) A person who is a citizen, permanent resident or corporation of the United States of America or Mexico and who is eligible to operate a flight training service in Canada in accordance with Chapter 12 and Annex I - Canada of the North American Free Trade Agreement shall, prior to operating the service, obtain from the Minister an authorization to operate the service. The request for the authorization shall be in the form and shall contain the information specified in the Personnel Licensing and Training Standards Respecting Flight Training Units.

(2) Subject to Section 6.71 of the Act, the Minister shall, on receipt of a request referred to in subsection (1) and where the requirements of the Personnel Licensing and Training Standards Respecting Flight Training Units are met, issue an authorization containing the conditions under which the flight training service may be operated.

(3) An authorization referred to in subsection (1) is required in addition to a flight training unit operator certificate for those persons who are required to hold a flight training unit operator certificate pursuant to Subpart 6.

DIVISION IV - RESERVED

(amended 2008/05/01; previous version)

DIVISION V - CHANGE OF INFORMATION

Change of Address

400.07 The holder of a permit or licence shall notify the Department of Transport of any change of permanent address within seven days after the change.
(amended 2001/03/01; previous version)

400.08

Reserved
(amended 1998/12/01; previous version)

Date modified:
2011-12-21