Advisory Circulars

Commercial & Business Aviation

AIR CARRIER ADVISORY CIRCULAR


No. 0112

1997.03.03

Pilot Check Reports and Approved Check Pilot Approval Documents - Canadian Aviation Documents

INTRODUCTION

The purpose of this Air Carrier Advisory Circular (ACAC) is to advise air operators and Company Check Pilots that the Pilot Check Report form (26-0249) and Company Check Pilot approval documents will now be treated as Canadian Aviation Documents (CAD).

BACKGROUND

A recent case before the Federal Court of Canada found that Designated Flight Test Examiners are, by virtue of the delegation to them by the Minister, holders of CADs under the Aeronautics Act and, as such, are entitled to the procedural safeguards contained in the Act, including recourse to the Civil Aviation Tribunal (CAT). CAD means any licence, permit, accreditation, certificate or other document issued by the Minister under Part I to or with respect to any person or in respect of any aeronautical product, aerodrome, facility or service.

Transport Canada has decided, on a policy basis, that the interpretation of a CAD by the Federal Court will be extended to the Company Check Pilot (CCP) delegations. Additionally, it has been decided that Pilot Check Reports (26-0249 report form) will also be treated as CADs. For references in CARs see CARs 604.67, 702.66, 703.90, 704.110, and 705.112.

DETAILS

The applicable sections of the Aeronautics Act that discuss CADs are 6.9 to 7.1, which give the Minister the ability to suspend, cancel or refuse to renew any CAD. The seven key points relating to CADs are:

  1. refusal to issue a document if the Minister is of the opinion that the public interest warrants it (6.71);
     
  2. suspend, cancel or refuse to renew on any grounds prescribed by regulation (6.8);
     
  3. suspend or cancel for contravention of the Act or regulations (6.9);
     
  4. suspend due to an immediate threat to aviation safety (7);
     
  5. suspend, cancel or refuse renewal on medical grounds (7.1(1)(a));
     
  6. suspend or cancel for incompetence or ceasing to meet the conditions of issuance (7.1(1)(b));
     
  7. suspend or cancel for public interest (7.1(1)(c)).

There are different procedures to be followed by Transport Canada depending upon the grounds for suspension or cancellation. For example, a suspension or cancellation for contravention of the regulations (pursuant to 6.9) does not take effect until 30 days after notice of the decision is sent to the document holder and may be stayed until the CAT makes a determination. On the other hand, a suspension made on the basis of an immediate threat to aviation safety (pursuant to 7.0) or a suspension or cancellation made on medical (pursuant to 7.1(1)(a)), incompetency or failure to qualify (pursuant to 7.1(1)(b)), or public interest (pursuant to 7.1(1)(c)) may operate from the moment it is made (thus, before a hearing) and cannot be stayed pending review.

In every case, where a CAD is to be cancelled or suspended, a Notice of Suspension must be issued. The appropriate Transport Canada Regional Office is responsible for issuing the notice after receiving notification of a failure from a CCP.

The Notice for a failed PPC will be issued under 7.1(1)(b) of the Act. It will suspend the original Pilot Check Report and reference to it will be made in the Notice of Suspension. A CCP delegation will usually be suspended or cancelled under 7.1(1)(b) as well and will reference the CCP approval document.

It is important to note that a CAD will not necessarily be renewed on expiry of the term and the onus is on the applicant to re-apply.

Another important change as a result of this policy deals with the CCP document. The delegated authority conferred on a check pilot by the CAD is now exclusively held by the check pilot and not the air operator. This delegated authority remains in effect until it expires or is suspended or cancelled for failure to meet or maintain qualifying conditions as outlined in the new Approved Check Pilot Manual.

CONCLUSION

This ACAC brings to the attention of air operators and CCPs changes to the status of Pilot Check Reports and Company Check Pilot approval documents.

A.J. LaFlamme
Director
Commercial and Business Aviation

Commercial & Business Aviation Advisory Circulars (CBAAC) are intended to provide information and guidance regarding operational matters. A CBAAC may describe an acceptable, but not the only, means of demonstrating compliance with existing regulations. CBAACs in and of themselves do not change, create any additional, authorize changes in, or permit deviations from regulatory requirements.

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