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Part IV - Personnel Licensing and Training

Canadian Aviation Regulations (CARs) 2011-2

Subpart 4 - Medical Requirements

Content last revised: 2008/06/30

DIVISION I - GENERAL

Interpretation

404.01 (1) In this Subpart, "CAME" means a Civil Aviation Medical Examiner appointed by the Minister to conduct medical examinations of applicants for the issuance or renewal of medical certificates pursuant to subsection 404.04(1).

(2) Any reference in this Subpart to the personnel licensing standards is a reference to the Personnel Licensing and Training Standards respecting Medical Requirements.

Application

404.02 This Subpart applies to

(a) persons who hold or who apply for the issuance or renewal of a medical certificate for the purpose of exercising the privileges of a permit, licence or rating referred to in Section 404.10; and

(b) the physicians referred to in Section 404.16.

DIVISION II - MEDICAL CERTIFICATE

Requirement to Hold a Medical Certificate

 404.03 (1) No person shall exercise or attempt to exercise the privileges of a permit, licence or rating unless the person holds a valid medical certificate of a category that is appropriate for that permit, licence or rating, as specified in section 404.10.
(amended 2010/02/02; previous version)

(2) A medical certificate that is issued in the form of a booklet label is not valid unless
(amended 2010/02/02; previous version)

(a) the label is affixed in an aviation document booklet;
(amended 2010/02/02; previous version)

(b) the booklet number displayed on the label matches the number of the booklet; and
(amended 2010/02/02; previous version)

(c) the booklet is signed by the holder.
(amended 2010/02/02; previous version)

Issuance, Renewal, Validity Period and Extension of a Medical Certificate
(amended 2008/05/01; previous version)

404.04 (1) Subject to subsection (2) and subsection 404.05(1), the Minister shall issue or renew a medical certificate on receipt of an application therefor if

(a) where the applicant is applying for a medical certificate in connection with an application for a student pilot permit-aeroplane, pilot permit - recreational, pilot or student pilot permit - ultra-light aeroplane, a pilot licence - glider or student pilot permit - glider, the applicant has completed and submitted a medical declaration, in accordance with the personnel licensing standards, that attests to the fact that the applicant is medically fit to exercise the privileges of the permit or licence that is applied for; or

(b) in any case not referred to in paragraph (a), it is established, by means of a medical examination conducted by a physician referred to in Section 404.16, that the applicant meets the medical fitness requirements specified in the personnel licensing standards.

(1.1) A medical certificate is also renewed if it is signed, dated and stamped in accordance with paragraph 404.18(a).
(amended 2007/12/30; no previous version)

(2) The Minister

(a) may request an applicant for the issuance or renewal of a medical certificate to undergo, before a specified date, any medical tests or examinations that are necessary to determine whether the applicant meets the medical fitness requirements specified in the personnel licensing standards;

(b) shall not issue or renew a medical certificate until the applicant has undergone all of the tests and examinations requested by the Minister pursuant to paragraph (a); and

(c) may suspend, or refuse to issue or renew, the applicant's medical certificate if the applicant fails to comply with the request referred to in paragraph (a) before the specified date.

(3) The Minister may

(a) request the holder of a medical certificate to undergo, before a specified date, any medical tests or examinations or provide any additional medical information, as necessary to determine whether the holder continues to meet the medical fitness requirements specified in the personnel licensing standards; and

(b) suspend, or refuse to renew, the holder's medical certificate if the holder fails to comply with the request referred to in paragraph (a) before the specified date.

(4) A medical certificate is subject to any restrictions or limitations that have been endorsed on the certificate in accordance with subsection 404.05(2).

(5) A medical certificate is valid starting on the day on which the applicant signs the medical declaration submitted for the issuance or renewal of the certificate or on the day on which the medical examination for the issuance or renewal of the certificate is conducted until the earliest of
(amended 2007/12/30; previous version)

(a) the end of the validity period set out in the table to subsection (6) for the certificate,
(amended 2007/12/30; previous version)

(b) the end of any shorter validity period endorsed on the certificate by the Minister, and
(amended 2007/12/30; previous version)

(c) the day on which a new medical certificate is issued to the holder.
(amended 2007/12/30; previous version)

(6) Subject to subsection (9), the validity period of a medical certificate for a permit, licence or rating that is set out in column 1 of the table to this subsection is set out in column 2 if the holder of the permit, licence or rating is less than 40 years of age and in column 3 if the holder of the permit, licence or rating is 40 years of age or older.
(amended 2007/12/30; previous version)

TABLE
(amended 2007/12/30; no previous version)

  Column 1 Column 2 Column 3
Item Licence, permit or rating Medical certificate validity period if the holder is less than 40 years of age Medical certificate validity period if the holder is 40 years of age or older
1 Airline transport pilot licence  —  aeroplane 12 months 6 months
2 Airline transport pilot licence  —  helicopter 12 months 6 months
3 Commercial pilot licence  —  aeroplane 12 months 6 months
4 Commercial pilot licence  —  helicopter 12 months 6 months
5 Private pilot licence  —  aeroplane 60 months 24 months
6 Private pilot licence  —  helicopter 60 months 24 months
7 Pilot licence  —  glider 60 months 60 months
8 Pilot licence  —  balloon 60 months 24 months
9 Pilot permit  —  recreational 60 months 24 months
10 Pilot permit  —  gyroplane 60 months 24 months
11 Pilot permit —  ultra-light aeroplane 60 months 60 months
12 Flight instructor rating  —  glider 60 months 60 months
13 Flight instructor rating  —  ultra-light aeroplane 60 months 60 months
14 Flight engineer licence 12 months 12 months
15 Air traffic controller licence 24 months 12 months
16 Student pilot permit  —  aeroplane 60 months 60 months
17 Student pilot permit  —  helicopter 60 months 60 months
18 Student pilot permit  —  glider 60 months 60 months
19 Student pilot permit  —  gyroplane 60 months 60 months
20 Student pilot permit  —  balloon 60 months 60 months
21 Student pilot permit  —  ultra-light aeroplane 60 months 60 months

(7) The end of the validity period of a medical certificate that is issued or renewed under subsection (1) is calculated from the first day of the month following
(amended 2007/12/30; no previous version)

(a) the day on which the applicant signs the medical declaration submitted for the issuance or renewal of the certificate; or
(amended 2007/12/30; no previous version)

(b) the day on which the medical examination for the issuance or renewal of the certificate is conducted.
(amended 2007/12/30; no previous version)

(8) The end of the validity period of a medical certificate that is renewed in accordance with subsection (1.1) is calculated from
(amended 2007/12/30; no previous version)

(a) the day on which the preceding validity period ends if the medical examination for the renewal of the certificate is conducted within 90 days before the end of that validity period; or
(amended 2007/12/30; no previous version)

(b) the first day of the month following the day on which the medical examination for the renewal of the certificate is conducted if the examination is conducted more than 90 days before the end of the preceding validity period.
(amended 2007/12/30; no previous version)

(9) The Minister may endorse a shorter validity period on a medical certificate if a physician referred to in section 404.16 recommends the shorter validity period in their medical report.
(amended 2007/12/30; no previous version)

(10) Despite subsection (6), the Minister shall extend the validity period of a medical certificate for a period of not more than 60 days beginning on the day on which the certificate would otherwise expire, if
(amended 2008/05/01; no previous version)

(a) the application for extension of the certificate is made while the certificate is still valid; and
(amended 2008/05/01; no previous version)

(b) the applicant demonstrates that there has been no reasonable opportunity to undergo a medical examination within the 90 days before the day on which the certificate would otherwise expire.
(amended 2008/05/01; no previous version)

Medical Standards Flexibility - Limitations and Restrictions

404.05 (1) The Minister may, in accordance with the personnel licensing standards, issue a medical certificate to an applicant who does not meet the requirements referred to in subsection 404.04(1) where it is in the public interest and is not likely to affect aviation safety.

(2) Where the Minister issues a medical certificate under subsection (1), the Minister shall endorse the certificate with any limitation or restriction that is necessary to ensure aviation safety.

(3) The Minister may amend or remove any limitation or restriction referred to in subsection (2) when it is no longer required to ensure aviation safety.

(4) The Minister may suspend or cancel a medical certificate if the applicant fails to comply with any limitation or restriction referred to in subsection (2).

(5) Before issuing a medical certificate under subsection (1), the Minister may require an applicant to undergo any practical test in respect of the functions of a flight crew member or air traffic controller, as appropriate, or any medical examination that is necessary to determine whether the applicant meets the medical fitness requirements specified in the personnel licensing standards.

(6) For the purposes of a practical test in respect of the functions of a flight crew member, the Minister may designate as a testing officer any person who holds

(a) a flight crew licence endorsed with a flight instructor rating that is valid for the category of aircraft to be used during the practical test; or

(b) a flight crew licence and has the qualifications required to conduct the practical test.

(7) For the purposes of a practical test in respect of the functions of an air traffic controller, the test shall be conducted in an actual operational environment under the supervision of an Air Traffic Services manager, a regional aviation medical officer, an aviation medical officer or a CAME, in accordance with the procedures set out in the personnel licensing standards.

Prohibition Regarding Exercise of Privileges

404.06 (1) Subject to subsection (3), no holder of a permit, licence or rating shall exercise the privileges of the permit, licence or rating if

(a) one of the following circumstances exists and could impair the holder's ability to exercise those privileges safely:

(i) the holder suffers from an illness, injury or disability,

(ii) the holder is taking a drug, or

(iii) the holder is receiving medical treatment;

(b) the holder has been involved in an aircraft accident that is wholly or partially the result of any of the circumstances referred to in paragraph (a);

(c) the holder has entered the thirtieth week of pregnancy, unless the medical certificate is issued in connection with an air traffic controller licence, in which case the holder may exercise the privileges of the permit, licence or rating until the onset of labour; or

(d) the holder has given birth in the preceding six weeks.

(2) No holder of a permit, licence or rating who is referred to in paragraph (1)(b), (c) or (d) shall exercise the privileges of the permit, licence or rating unless

(a) the holder has undergone a medical examination referred to in Section 404.18; and

(b) the medical examiner has indicated on the holder's medical certificate that the holder is medically fit to exercise the privileges of the permit, licence or rating.

(3) The Minister may, in writing, authorize the holder of a medical certificate to exercise, under the circumstances described in paragraph (1)(a) or (d), the privileges of the permit, licence or rating to which the medical certificate relates if such authorization is in the public interest and is not likely to affect aviation safety.

404.07 to 404.09 Reserved

DIVISION III - MEDICAL CERTIFICATE REQUIREMENTS

Medical Certificate Requirements for Personnel Licences

404.10 (1) A Category 1 medical certificate is required for the following licences:

(a) commercial pilot licence - aeroplane or helicopter;

(b) airline transport pilot licence - aeroplane or helicopter; and

(c) flight engineer licence.
(amended 2007/12/30; no previous version)

(2) A Category 1 or 2 medical certificate is required for an air traffic controller licence.
(amended 2007/12/30; previous version)

(3) A Category 1 or 3 medical certificate is required for the following permits, licences and ratings:

(a) student pilot permit - helicopter;

(b) pilot permit - gyroplane;

(b.1) student pilot permit — gyroplane or balloon;
(amended 2007/12/30; no previous version)

(c) private pilot licence - aeroplane or helicopter;

(d) pilot licence - balloon;

(e) flight instructor rating - glider; and

(f) flight instructor rating - ultra-light aeroplane.

(4) A Category 1, 3 or 4 medical certificate is required for the following permits and licences:

(a) student pilot permit - aeroplane;

(b) pilot permit - recreational;

(c) student pilot permit or pilot permit - ultra-light aeroplane;

(d) student pilot permit - glider; and

(e) pilot licence - glider.

DIVISION IV - MEDICAL FITNESS

Minister's Assessment

404.11 (1) The Minister shall assess any medical reports submitted pursuant to paragraph 404.17(b) to determine whether an applicant for the issuance or renewal of a medical certificate meets the medical fitness requirements set out in the personnel licensing standards that are necessary for the issuance or renewal of the medical certificate.

(2) The Minister shall, by personal service or by registered mail sent to the applicant at the latest known address of the applicant, immediately

(a) notify the applicant of the result of an assessment, and

(b) in the case of an application for the renewal of a medical certificate, inform the applicant that the Minister will, no earlier than 30 days after the date that the applicant receives the notification, make a decision pursuant to subsection 7.1(1) of the Act, based on the result of the assessment.

Reconsideration of Assessment

404.12 (1) An applicant for the renewal of a medical certificate who is assessed by the Minister as not meeting the requirements referred to in subsection 404.11(1) may, within 30 days after the date that the applicant receives the notification referred to in subsection 404.11(2),

(a) request the Minister to reconsider the assessment; and

(b) submit additional information to the Minister regarding the medical fitness of the applicant in support of the request.

(2) Where the Minister is requested to reconsider an assessment pursuant to subsection (1), the Minister shall

(a) take into consideration any additional information regarding the medical fitness of the applicant; and

(b) immediately notify the applicant in writing of the result of the reconsideration of the assessment.

404.13 to 404.15 Reserved

DIVISION V - MEDICAL EXAMINERS

Authority to Conduct Medical Examinations

404.16 No physician shall conduct a medical examination of an applicant for the issuance or renewal of a medical certificate unless the physician conducts the medical examination in the region in which the physician is licensed to practise and
(amended 2007/12/30; previous version)

(a) the physician is appointed by the Minister as a CAME;

(b) where the applicant is a regular member of the Canadian Forces or an air cadet, the physician is a Canadian Forces flight surgeon; or

(c) where the applicant resides or is examined in a contracting state other than Canada, the physician is authorized by the licensing authority of the contracting state to conduct such examinations.

Responsibilities of Medical Examiner

404.17 Where a physician referred to in paragraph 404.16(a) or (b) conducts a medical examination of an applicant for the issuance or renewal of a medical certificate, the physician shall

(a) conduct the medical examination in accordance with the procedures set out in the personnel licensing standards; and

(b) submit a medical report to the Minister that specifies the results of the medical examination and contains, if warranted by those results, the physician’s recommendation that the medical certificate be restricted to a validity period that is shorter than the validity period set out in the table to subsection 404.04(6) for the certificate.
(amended 2007/12/30; previous version)

Examination for Renewal of a Medical Certificate or for Permission to Continue to Exercise the Privileges of a Permit, Licence or Rating
 (amended 2007/12/30; previous version)

404.18 When the holder of a medical certificate undergoes a medical examination by a physician referred to in paragraph 404.16(a) or (b) for the purpose of renewing his or her certificate or obtaining permission to continue to exercise the privileges of his or her permit, licence or rating, the physician shall
(amended 2007/12/30; previous version)

(a) sign and date the medical certificate and stamp it with his or her official stamp indicating that the holder is “fit” and return the medical certificate to the holder; or
(amended 2007/12/30; previous version)

(b) advise the holder that he or she is “unfit” and return the medical certificate to the holder.
(amended 2007/12/30; previous version)

Date modified:
2012-01-23