Policy Letter 173

Exemption from subparagraph 705.106(1)(b)(iii), paragraphs 705.106(1)(c) and (d), subsections 705.106(4) and 705.113(1) and paragraph 705.113(2)(a) of the Canadian Aviation Regulations and subsections 725.106(1), 725.106(2), 725.106(3) and 725.106(4) and 725.106(7) of the Commercial Air Service Standards

Whereas Canadian air operators and persons acting as pilot-in-command or second-in-command wish to participate in a Transition program and amend their company operations manual, with the approval of Transport Canada Civil Aviation, to introduce the procedures by which the conditions of this exemption will be met:

Pursuant to subsection 5.9(2) of the Aeronautics Act, and after taking into account that the exemption is in the public interest and is not likely to affect aviation safety, I hereby exempt Canadian air operators and persons acting as pilot-in-command or second-in-command from the requirements of subparagraph 705.106(1)(b)(iii), paragraphs 705.106(1)(c) and (d), subsections 705.106(4) and 705.113(1) and paragraph 705.113(2)(a) of the Canadian Aviation Regulations (CARs) and from the requirements of subsections 725.106(1), 725.106(2), 725.106(3), 725.106(4) and 725.106(7) of the Commercial Air Services Standards (CASS) for the purpose of obtaining training, checking, consolidation period, line indoctrination training, line check and validity period credits in order to transition from a base aeroplane to one or more applicable variants of the same type, common type or different type under an approved Transition program as set out in the air operator's company operations manual subject to the conditions of this exemption.

The details of the above provisions are attached at Appendix A.

PURPOSE

The purpose of this exemption is to allow Canadian air operators and persons acting as pilot-in-command or second-in-commandto obtain credits for training, checking, consolidation period requirements, line checks, line indoctrination and validity periods in order to transition from a base aeroplane to one or more applicable variants of the same type, common type or different type under an approved Transition program as set out in the air operator's company operations manual instead of having to duplicate the full requirements of the CARs and the CASS for each aeroplane.

APPLICATION

This exemption applies to Canadian air operators and persons acting as pilot-in-command or second-in-command operatingunder subpart 705 of the CARs to obtain credits for training, checking, consolidation period requirements, line checks, line indoctrination and validity periods in order to transition from a base aeroplane to one or more variants of the same type, common type or different type under an approved Transition program as set out in the air operator's company operations manual.

CONDITIONS

This exemption is subject to the following conditions:

  1. An air operator's Transition program shall be submitted to the Minister for approval.
     
  2. An air operator shall identify a base aeroplane.
     
  3. The air operator shall submit for approval, its Operator Difference Requirements (ODR) tables based on all the Master Difference Requirements (MDR) recommendations of the most recent applicable operational evaluation board report as the case may be, of the base aeroplane referred to in Condition 2 of this exemption and the applicable variant(s)s of the same type, common type or different type for which they wish to obtain training, checking or currency credits.
     
  4. The Principal Operating Inspector (POI) shall approve the OE to be used. Where two or more OE reports are available for a base aeroplane and the applicable variant(s) of the same type, common type or different type, the Transport Canada OEB report should be used. Where a Transport Canada OEB report is not available or where TC was not part of the OE, the OE report of the country of manufacturer should be used. Where none of the above is available, the OE report of the country that has the greatest communality with Canada should be used.
     
  5. An air operator may permit a person to act, and a person may act as a pilot-in-command or second-in-command, on a base aeroplane and/or one or more variants of the same type, common type or different type, provided conditions 6 to 11 of this exemption are met.
     
  6. Initial Training Requirements
     
    1. The person acting as pilot-in-command or second-in-command shall have completed the training requirements referred to in Subsection 725.106(1) of the Commercial Air Service Standards for the base aeroplane referred to in Condition 2 of this exemption, the validity period of which has not expired; and
       
    2. Once the requirements of clause A of Condition 6 of this exemption are met, the person acting as pilot-in-command or second-in-command shall meet with the training difference level requirements and method of compliance established in the approved Operator Difference Requirements (ODR) table referred to in Condition 3 of this exemption for the variant(s) of the same, common or different type referred to in Condition 3 of this exemption.
  1. Recurrent Training Requirements
     
    1. Subject to clause B and C of Condition 7 of this exemption, the air operator shall submit for approval an alternate recurrent training plan based on the recommendations of the most recent applicable operational evaluation board report, describing on which aeroplane, at what frequency training is required and how it will alternate between the base aeroplane and each applicable variant(s);
       
    2. The air operator's alternate recurrent training plan shall comply with the training requirements referred to in Subsection 725.106(1) of the Commercial Air Service Standards on either the base aeroplane referred to in Condition 2 of this exemption or the applicable variant(s)s of the same type, common type or different type referred to in Condition 3 of this exemption as the case may be; and
       
    3. Where applicable the air operator shall identify particular training items related to the base aeroplane referred to in Condition 2 of this exemption or the applicable variant(s) of the same type, common type or different type referred to in Condition 3 of this exemption, which must be covered in accordance with a specified periodicity and that can not alternate between the base aeroplane and one or more variants of the same, common or different type.
  1. Pilot Proficiency Check

    Initial
     
    1. The persons acting as pilot-in-command or second-in-command shall have completed a pilot proficiency check as per the requirements of subsection 725.106(2) of the Commercial Air Service Standards for the base aeroplane referred to in Condition 2 of this exemption the validity period of which has not expired;
       
    2. Subject to clause C of Condition 8 of this exemption, and once the requirement of clause A has been met, the persons acting as pilot-in-command or second-in-command shall comply, once the requirement of clause A of Condition 8 of this exemption have been met, with the checking difference levels and method of compliance established in the approved Operator Difference Requirements (ODR) table referred to in Condition 3 of this exemption for the variant(s) of the same, common or different type referred to as well in Condition 3 of this exemption; and
       
    3. If the level of checking required in clause B of Condition 8 of this exemption is determined to be other than level E which requires a full Pilot Proficiency Check as set out Schedule I or II referred to in subsection 725.106(2) of the Commercial Air Service Standards, the air operator shall submit for approval the process by which the alternate method of checking the elements of differences levels A, B, C or D is conducted and clearly identify what part of Schedule I or II need to be assessed.

    Consolidation Period

    Where a person acting as pilot-in-command or second-in-command has successfully completed an initial Pilot Proficiency Check on a base aeroplane and/or one or more variant of the same, common or different type, that person shall comply with an approved alternate consolidation period plan based on the recommendations of the applicable operational evaluation board report as the case may be, and ensure that the consolidation period of one of the aeroplane is completed as per the requirements of subsection 725.106(7) of the Commercial Air Service Standards prior to the beginning the second or subsequent one, if applicable.

    Recurrent

    1. Subject to clause B and C of the Recurrent section under Condition 8 of this exemption, the air operator shall submit for approval an alternate recurrent checking plan for the base aeroplane and the applicable variant(s) of the same, common or different type based on the recommendations of the most recent applicable operational evaluation board report, describing on what aeroplane, at what frequency checking is required and how it will alternate between the base aeroplane and each applicable variant(s);
       
    2. The air operator's approved alternate recurrent checking plan shall comply with the checking requirements referred to in Subsection 725.106(2) of the Commercial Air Service Standards on either the base aeroplane referred to in Condition 2 of this exemption or the applicable variant(s) of the same type, common type or different type referred to in Condition 3 of this exemption as the case may be; and
       
    3. Where applicable the air operator shall identify particular checking items related to the base aeroplane referred to in Condition 2 of this exemption or the applicable variant(s) of the same type, common type or different type referred to in Condition 3 of this exemption, which must be completed in accordance with a specified periodicity and that can not alternate between the base aeroplane and one or more variants of the same, common or different type.
  1. Line Checks

    The air operator shall ensure that a person acting as pilot-in-command or second-in-command shall;

    Initial line checks
     
    1. have successfully completed an initial line check the validity of which has not expired or be undergoing an initial line check where the line check is conducted in accordance with subsection 725.106(3) of the Commercial Air Service Standards on either the base aeroplane or the applicable variant(s) of the same, common or different type;
       
    2. subject to clause C of the Initial line check section of Condition 9 of this exemption, and once the requirements of clause A of the Initial line check section of Condition 9 of this exemption has been met, be allocated initial line checks credits, if applicable, as per the most recent recommendations of the applicable operational evaluation board report as the case may be or complete a initial line check in accordance with subsection 725.106(3) of the Commercial Air Service Standards on the remaining of the base aeroplane or the applicable variant(s); and
       
    3. have completed the initial line check on one aeroplane prior to the beginning of a line check or being allocated line check credits on the second, and subsequent aeroplane, if applicable.

    Recurrent line checks
     

    1. Subject to clause B and C of the Recurrent line check section of Condition 9 of this exemption, the air operator shall submit a alternate recurrent line check plan for the base aeroplane and the applicable variant(s) of the same, common or different type based on the recommendations of the most recent applicable operational evaluation board report, describing on what aeroplane, at what frequency line checks are to be conducted and how it will alternate between the base aeroplane and each applicable variant(s);
       
    2. The air operator's alternate recurrent line check plan comply with the requirements referred to in Subsection 725.106(3) of the Commercial Air Service Standards on either the base aeroplane referred to in Condition 2 of this exemption or the applicable variant(s) of the same type, common type or different type referred to in Condition 3 of this exemption as the case may be; and
       
    3. Where applicable the air operator shall identify particular line checks items related to the base aeroplane referred to in Condition 2 of this exemption or the applicable variant(s)s of the same type, common type or different type, referred to in Condition 3 of this exemption, which must be completed in accordance with a specified periodicity and that can not alternate between the base aeroplane and one or more variants of the same, common or different type.
  1. Line Indoctrination Training

    The air operator shall ensure that a person acting as pilot-in-command or second-in-command:
     
    1. Have successfully completed line indoctrination training or shall be undergoing line indoctrination training where the line indoctrination training is to be conducted in accordance with subsection 725.106(4) of the Commercial Air Service Standards on either the base aeroplane or the applicable variant(s);
       
    2. Subject to clause C of Condition 10 of this exemption and once the requirement of clause A of Condition 10 of this exemption is met, be allocated line indoctrination training credits, if applicable, as per the most recent recommendations of the applicable operational evaluation board report as the case may be or complete a line indoctrination training in accordance with subsection 725.106(4) of the Commercial Air Service Standards on the remaining of either the base aeroplane or the applicable variant(s); and
       
    3. Have completed the initial line indoctrination training on one aeroplane prior to the beginning of a line indoctrination training or being allocated line indoctrination training credits on the second, and subsequent aeroplane, if applicable
  1. The procedures by which an air operator will meet the conditions of this exemption and most recent recommendations of the applicable operational evaluation board report shall be detailed in the company operations manual.

VALIDITY

This exemption is in effect until the earliest of:

(a)  24:00 EDT on August 1st, 2007;

(b)  The date on which any condition set out in the exemption is breached;

(c)  The date on which an amendment to the appropriate provisions of the Canadian Aviation Regulations or related standards comes into effect; or

(d)  The date on which this exemption is cancelled in writing by the Minister where he is of the opinion that it is no longer in the public interest, or that it is likely to affect aviation safety.

DATEDat Ottawa, this 25th day of July 2005, on behalf of the Minister of Transport.

Hard copy by Jennifer Taylor for:

Merlin Preuss
Director General
Civil Aviation

Appendix A

705.106(1)(b)(iii)

Subparagraph 705.106(1)(b)(iii) prohibits an air operator from permitting a person to act, and prohibits a person from acting as a pilot-in-command, second-in-command, or cruise relief pilot of an aircraft unless the person:

Within the previous 90 days

(iii)  has fulfilled the training requirements set out in the Commercial Air Service Standards (CASS)

705.106(1)(c) and (d)

Paragraph 705.106(1)(c) prohibits an air operator from permitting a person to act, and prohibits a person from acting as a pilot-in-command, second-in-command, or cruise relief pilot of an aircraft unless the person:

(c)  has successfully completed a pilot proficiency check, the validity period of which has not expired, for that type of aircraft, in accordance with the Commercial Air Service Standards (CASS);

Paragraph 705.106(1)(d) prohibits an air operator from permitting a person to act, and prohibit a person from acting as a pilot-in-command, second-in-command, or cruise relief pilot of an aircraft unless:

(d)  the person has successfully completed or is undergoing a line check or line indoctrination training, the validity period of which has not expired, for that type of aircraft, in accordance with the Commercial Air Service Standards (CASS).

705.106(4)

Subsection 705.106(4) states a pilot shall, on successful completion of a pilot proficiency check, meet the requirements of the consolidation period in accordance with the Commercial Air Service Standards on each aeroplane type.

705.113(1)

Subsection 705.113(1) states that the validity period of a line check and of the training referred to in Section 705.124 expires on the first day of the thirteenth month following the month in which the check or training was completed.

705.113(2)(a)

Paragraph 705.113(2)(a) states that the validity period of a pilot proficiency check expires:

(a)  on the first day of the seventh month following the month in which the check was completed

725.106 Pilot Qualifications

(1)  Training Requirements(refers to subparagraph 705.106(1)(b)(iii) of the Canadian Aviation Regulations)

Training requirements specified in subparagraph 705.106(1)(b)(iii) Canadian Aviation Regulations are initial training on type, regaining competency training, or annual training.

(2)  Pilot Proficiency Check(refers to paragraph 705.106(1)(c) Canadian Aviation Regulations)

  1. The pilot proficiency check (PPC) shall be conducted in accordance with Schedule I, Schedule II or Schedule III of this Section.
     
  2. All of the manoeuvres required to satisfy renewal of an Instrument Rating shall be part of the pilot proficiency check.
     
  3. A pilot proficiency check shall be conducted in a manner that enables the pilot to demonstrate the knowledge and the skill respecting:
     
    1. the air operator's aeroplane, its systems and components;
       
    2. proper control of airspeed, direction, altitude, attitude and configuration of the aeroplane, in accordance with normal, abnormal and emergency procedures and limitations set out in the aeroplane flight manual, aeroplane operating manual, (if applicable), the air operator's standard operating procedures, the check list, and any other information relating to the operation of the aeroplane type;
       
    3. departure, enroute and arrival instrument procedures and other applicable procedures; and
       
    4. adherence to approved procedures.
  1. Initial and recurrent Pilot Proficiency Checks shall be conducted on a combination of a Flight Training Device certified to Level 4 or higher and a Full Flight Simulator or a combination of a Flight Training Device certified to Level 6 or higher and the aeroplane, if a simulator is available in North America.
     
  2. For turbo-jet aeroplanes of 50 or more seats initial and recurrent Pilot Proficiency Checks shall be conducted on a Full Flight Simulator or a combination of a Full Flight Simulator and a flight training device certified to Level 4 or higher. Location of the synthetic training device will not be considered in applying this standard.
     
  3. The synthetic training device level of checking shall be part of the training program approval for each aeroplane type. Checking procedures not approved for the synthetic training device shall be completed in the aeroplane. The configuration of the flight training device shall closely resemble that of the aeroplane used by the air operator.
     
  4. A proficiency check of a pilot-in-command shall be completed in the seat normally occupied by the pilot-in-command and a check of a second-in-command shall be completed in the seat normally occupied by the second-in-command. The pilot proficiency check shall consist of a demonstration of both pilot flying (PF) duties and pilot not flying (PNF) duties.
     
  5. The PPC shall not be conducted as an isolated group of emergency procedures and drills. It shall be constructed with minimum disruption in a logical continuous flow reflecting a normal flight profile. Normally the pilot proficiency check is a pre-programmed activity; however, the person conducting the check may require any manoeuvre or procedure from the appropriate Schedule, necessary to determine the proficiency of the crew and to confirm that the crew can operate the aeroplane safely.
     
  6. Where a pilot successfully completes the pilot proficiency check, the pilot is considered as having successfully completed the flight check requirements for the renewal of the applicable instrument rating.
     
  7. The PPC may be transferred from one air operator to the other when the conditions of subsection 725.124(28) of the training program, Transportability of Pilot Proficiency Check - Training Required, are met.

(3)  Line Checks(refers to paragraph 705.106(1)(d) of the Canadian Aviation Regulations)

  1. Pilot Line Check

    The pilot line check shall consist of at least the following conducted over a typical part of the air operator's route and shall not be less than one sector:
     
    1. Flight Preparation
       
      1. weather briefing;
      2. dispatch procedures;
      3. flight planning;
      4. weight and balance, and load control;
      5. aeroplane servicing and ramp safety;
      6. crew briefing; and
      7. pre-flight checks;
         
    1. Operation of the Flight
       
      1. pre-start safety;
      2. starting engines;
      3. after start checks;
      4. radio procedures and ATC clearance;
      5. pre-take-off checks and cabin security;
      6. taxiing and take-off;
      7. departure procedures;
      8. climb procedures;
      9. enroute procedures;
      10. descent procedures;
      11. approach procedures;
      12. shutdown;
      13. flight logs and records; and
      14. defect recording and clearing.
  1. Cruise Relief Pilot Line Check
     
    1. Flight Preparation
       
      1. weather briefing;
      2. dispatch procedures;
      3. flight planning;
      4. weight and balance; and
      5. crew briefing.
         
    1. Operation of the Flight
       
      1. enroute climb procedures;
      2. enroute procedures;
      3. enroute descent procedures;
      4. flight logs and records; and
      5. defect recording and clearing.

(4)  Line Indoctrination Training(refers to paragraph 705.106(1)(d) of the Canadian Aviation Regulations)

The standard for Line indoctrination training is in subsection 725.124(32) of the Commercial Air Services Standard.

(7)  Consolidation Period(refers to subsection 705.106(4) of the Canadian Aviation Regulations)

  1. The consolidation period shall take place in accordance with the time limits from the following sliding scale and shall begin upon successful completion of an initial Pilot Proficiency Check on each aeroplane type:
     
    1. 50 hours in 60 days;
    2. 75 hours in 90 days; or
    3. 100 hours in 120 days.
  1. If the consolidation period is not completed within 120 days, an extension to 150 days is permitted, at the air operator's discretion, under the following conditions:
     
    1. on or before the 120th day, the air operator shall make a ground evaluation of the pilot's level of proficiency;
    2. when the pilot is assessed as not possessing a satisfactory level of competence, the pilot shall undergo additional training, followed by a supervised line operating flight, after which the consolidation period may be extended to 150 days; and
    3. when the pilot's proficiency is judged satisfactory, the pilot shall be observed in a supervised line operating flight, after which the consolidation period may be extended to 150 days.
  1. If at any time before the consolidation period ends a pilot is assigned to another aeroplane type, the pilot shall undergo refresher training with a training pilot or check pilot before resuming the consolidation process.
     
  2. If the pilot fails to complete the consolidation requirements in the maximum time of 150 days allowed, the complete line indoctrination and consolidation period requirements must be repeated.

Schedule I - Pilot Proficiency Check (PPC) - Synthetic Training Device

Schedule II - Pilot Proficiency Check (PPC) - Aeroplane

Schedule III - Pilot Proficiency Check (PPC) - Cruise Relief Pilot (CRP)

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