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More about Approved Training Organizations

A New Approach

Recent changes adopted by the International Civil Aviation Organization (ICAO) underpin the need for member states to have national certification programs for all flight training institutions that provide training leading towards a multi-crew pilot licence (MPL). Some of these countries already have legislation in place, which may satisfy this requirement. Canada currently does not have a regulatory framework that adequately addresses all of the issues associated with either the MPL or the transport category aeroplane type-rating training environment. To that end, legislation is currently being drafted that will more closely align the Canadian Aviation Regulations (CAR) with those internationally-accepted standards recently published in Annex 1 to the Convention on International Civil Aviation.

An approved training organization-multi-crew pilot licence (ATO-MPL) implementation team has been studying several different models in use by other national aviation authorities (NAA) in an attempt to integrate all their best practices into a new performance-based regulatory structure currently being designed for Canadian-certified ATOs. Furthermore, on-going discussions with established airline-focused training centres and other potentially interested training institutions continue to be very helpful. The team's objective is to introduce enduring policies that will be receptive to evolving technologies and industry-driven efficiencies. This effort has generated a proposed new subpart to Part IV of the CARs entitled, Approved Training Organizations, which is already gaining significant international attention. It is anticipated that its publication will serve as a blueprint for regulating operations within a performance-based environment.

Performance-based regulations, therefore, are those that are focused on achieving desired outcomes rather than prescriptively defining how outcomes must be achieved. In other words, the new regulations and their standards will define the "whats" and not necessarily the "hows". The emphasis will be on stakeholders adopting procedures and processes that are designed to guarantee excellence. As a general statement, qualitative requirements will be imbedded in these new regulations rather than invoking quantitative prerequisites, which are traditionally found in prescriptive NAA rules.

Underlying Principles

Although the over-riding priority was to create a safe and effective training environment, the design of the proposed new subpart to the Canadian Aviation Regulations (CARs) was based on three assumptions:

  1. that Transport Canada's expertise and responsibility lies in developing codes of conduct for safe operations, and not necessarily in determining the most efficient approach to conducting business
  2. that any new rules need to encourage innovation and efficiencies
  3. that a mechanism be invoked by which the rules remain responsive to advances in technology and processes

The first assumption has generated the requirement for an applicant to prove through the approved training organization (ATO) pre-certification processes that it possesses robust data-driven and outcomes-focused policies and procedures. This pre-certification process is expected to engender a rigorous assessment process that may even include scenario-based events designed to test the organization's ability to effectively deal with internal and external challenges. The functional attributes of an ATO will indeed be higher than what is traditionally required of training institutions. This requirement is considered absolutely essential to operate in the performance-based regulatory environment that is envisioned for Canadian ATOs. It should also be understood that along with the attainment of an ATO certificate would come a set of unique "enabling" opportunities.

The second assumption is a natural by-product of operating in a less-prescriptive environment. In a performance-based world, ATOs will be more readily able to define their own methodologies in arriving at desired outcomes. The idea is somewhat analogous to being introduced to the playing field, explained the rules of conduct on how to play the game, the consequences of violating the rules, and then allowing the team to develop their own playbook and execute their game plan towards eventually winning. From a regulator's perspective that approach can be difficult to put into practice. Nevertheless, the intention to do so is there.

The final assumption is the biggest single "enabler" to this new legislation. It permits an ATO to demonstrate to Transport Canada, through a proof-of-concept trial, that they have an alternative means of complying with a provision than what is currently prescribed through regulation. The applicant, to deviate from a prescribed requirement, will need to demonstrate that their suggestion leads to a better outcome, does not invoke a greater degree of risk, and meets the original intent of the regulation. If all those conditions are met to the satisfaction of the Minister of Transport, then an "alternative means of compliance" approval will be granted and will be indicated on the ATO's certificate. Basically, they must demonstrate that they have designed, built, and tested a better mousetrap. Not only does this approach represent a powerful tool for business, but it also ensures that the proposed ATO rules remain resilient to change.

Certification

The requirement to hold an approved training organization (ATO) certificate will apply to all those entities providing training leading towards a MPL or those conducting training designed to satisfy type-rating requirements for a transport-category aeroplane. There are a few exceptions to this requirement; including one for holders of an air operator's certificate (AOC) undergoing their own approved training program that is provided by the employee of an AOC holder. Notwithstanding that these regulations are designed for a very specific flight training organization, nothing prohibits a holder of a flight training unit (FTU) operator certificate from becoming an ATO. And there may be some very compelling reasons why certain FTUs might want to investigate the potential advantages of doing so.

The envisioned regulatory framework that is currently under development has been subjected to the Canadian Aviation Regulation Advisory Council (CARAC) consultation process and was successfully presented to a special technical committee review, where it received unanimous support. All changes and new regulations are expected to come into full effect in early 2010.

More Information

Transport Canada has published a comprehensive guide (Approved Training Organization Certification Guide) for those seeking to become an approved training organization (a requirement to conduct MPL training). The guide should be consulted for those issues requiring greater detail or where clarification is necessary.

Please email us for a copy of the document.

Finally, some other documents that might be helpful to those curious about how other national aviation authorities (NAAs) have developed rules governing approved training organizations are:

  • ICAO's, Manual on the Approval of Flight Crew Training Organizations, Doc 9841 - AN/456
  • Joint Aviation Requirements FCL, Criteria for the Approval of Type Rating Training Organisations – UK CAA Standards Doc 34
  • United States' Federal Aviation Regulations, Part 142 Training Centers
Date modified:
2010-05-03