Exemption from subsection 705.113(1) of the Canadian Aviation Regulations

NCR-038-2020

Pursuant to subsection 5.9(2) of the Aeronautics Act, and after having taken into account that this exemption is in the public interest and is not likely to adversely affect aviation safety or security, I hereby exempt Canadian air operators operating under Subpart 5 of Part VII of the Canadian Aviation Regulations (CARs), from the requirement set out in subsection 705.113(1) of the CARs, subject to the conditions set out below.

Subsection 705.113(1) of the CARs states that subject to subsections (4) and (5), 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.

Relevant provisions are reproduced in Appendix A.

Purpose

The purpose of this exemption is to provide Canadian air operators operating under Subpart 5 of Part VII of the CARs with the temporary authority to extend the validity period of any flight attendant training referred to in paragraph 705.124(2)(b) for an additional 90 consecutive days.

This exemption provides temporary measures in the public interest in response to travel restrictions and other impediments that air operators are encountering in the training of flight attendants following the declaration of a pandemic outbreak of novel coronavirus (COVID-19) by the World Health Organization (WHO) on March 11th, 2020.

Application

This exemption applies to Canadian air operators operating under Subpart 5 of Part VII of the CARs and allows an air operator to extend the validity period of any training referred to in paragraph 705.124(2)(b) for an additional 90 consecutive days when

• a) the air operator has no other option to complete the required annual flight attendant training; and
• b) there is an operational necessity to extend the associated validity date.

This exemption ceases to apply to the Canadian air operator who breaches a condition of this exemption. Transport Canada National Flight Operations or a regional Transport Canada Civil Aviation Authority may limit or prevent an air operator form using this exemption if they deem that an operational necessity has not been demonstrated or the conditions below are not being appropriately applied.

Conditions

This exemption is subject to the following condition:

1. The 90 day consecutive extension to annual training shall only be applied to annual training that is currently valid or has not been expired for more than 15 days.
2. The 90 day extension shall be added to the existing valid to date (original date, and not the valid to date of a 60 day extension) and will expire at 23:59 (EDT) on the 1st day of the month that immediately follows the 90 day extension.
3. This exemption shall only be used by an air operator that has no means to complete annual training and where there is an operational necessity to extend.
4. An air operator who uses this exemption shall incorporate risk mitigations and control measures to reduce risk to as a low as reasonably possible. Such measures should include, to the extent possible, minimizing or avoiding the paring of two or more flight attendants that have an extended valid-to-date (training) and avoiding extensions to training in situations where a flight attendant may lack proficiency because of an extended absence from flight attendant duties. Mitigations and other control measures shall be explained and documented by operator, distributed to affected flight attendants and provided to the air operator’s Principal Cabin Safety Inspector for approval.
5. The air operator shall provide the Principle Cabin Safety Inspector with a list of its flight attendants that will have their training validity extended in accordance with this exemption.
6. The validity period of the training referred to in paragraph 705.124(2)(b) shall expire on the first day of the month that immediately follows the 90 day extension.

Validity

This exemption is in effect until the earliest of the following:

• a) October 31st, 2020 at 23:59 (EDT): this is the last day than an extension can be granted for annual training, with the extension expiring no later than February 1st 2021; or
• b) The date on which the exemption is cancelled in writing by the Minister where he is of the opinion that it is no longer in the public interest or is likely to adversely affect aviation safety or security.

Dated at Ottawa, Ontario, this 3rd day of April, 2020, on behalf of the Minister of Transport.

“Original signed by”

Nicholas Robinson
Director General
Civil Aviation
Transport Canada

Appendix A

Pertinent provision of the Canadian Aviation Regulations

Validity period

• 705.113(1) Subject to subsections (4) and (5), 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.
• (2) Subject to subsections (4) and (5), 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;
  • (b) on the first day of the thirteenth month following the month in which the check was completed, where the pilot successfully completes the six-month recurrency training that has been approved by the Minister, in accordance with the Commercial Air Service Standards, as a substitute for the pilot proficiency check and that is identified in the company operations manual; or
  • (c) at the end of the validation period, where the air operator has an operations specification authorizing an advanced qualification program in accordance with the Commercial Air Service Standards and the pilot completes a proficiency evaluation within the evaluation period authorized for the air operator in the operations specification.
• (3) The validity period of a flight dispatcher competency check expires on the first day of the thirteenth month following the month in which the check was completed.
• (4) Where a pilot proficiency check, a flight dispatcher competency check, a line check or training is renewed within the last 90 days of its validity period, its validity period is extended by six or 12 months, as appropriate.
• (5) The Minister may extend the validity period of a pilot proficiency check, a flight dispatcher competency check, a line check or any training by up to 60 days where the Minister is of the opinion that aviation safety is not likely to be affected.
• (6) Subject to subsection (7), where the validity period of a pilot proficiency check, a line check, or annual or semi-annual training has been expired for 24 months or more, the person shall requalify by meeting the training requirements specified in the Commercial Air Service Standards.
• (7) Where the validity period of a flight dispatcher competency check or annual training has been expired for 12 months or more, the person shall requalify by meeting the training requirements specified in the Commercial Air Service Standards.

Training Program

• 705.124(1) Every air operator shall establish and maintain a training program that is
  • (a) designed to ensure that each person who receives training acquires the competence to perform the person’s assigned duties; and
  • (b) approved by the Minister in accordance with the Commercial Air Service Standards and, in respect of flight attendants, in accordance with the Commercial Air Service Standards and the Flight Attendant Training Standard.
• (2) An air operator’s training program shall include
  • (a) for flight crew members:
    • (i) company indoctrination training,
    • (ii) line indoctrination training,
    • (iii) upgrading training, where applicable, and
    • (iv) initial and annual training, including
      • (A) aircraft type training,
      • (B) aircraft servicing and ground handling training,
      • (C) emergency procedures training, and
      • (D) aircraft surface contamination training;
  • (b) for flight attendants:
    • (i) aviation indoctrination,
    • (ii) line indoctrination training,
    • (iii) in-charge training, where applicable, and
    • (iv) initial and annual training, including
      • (A) safety procedures training,
      • (B) aircraft type training,
      • (C) emergency procedures training,
      • (D) aircraft surface contamination training, and
      • (E) first aid training;
  • (c) for flight dispatchers:
    • (i) initial and annual aircraft type training,
    • (ii) on-the-job training, and
    • (iii) aircraft cockpit familiarization training;
  • (d) initial and annual aircraft surface contamination training for those operations personnel designated in the Commercial Air Service Standards; and
  • (e) any other training required to ensure a safe operation under this Subpart.
• (3) An air operator shall
  • (a) include a detailed syllabus of its training program in its company operations manual;
  • (b) ensure that adequate facilities and qualified personnel are provided for its training program, in accordance with the Commercial Air Service Standards; and
  • (c) establish and maintain a safety awareness program concerning the adverse effects of aircraft surface contamination and provide the program to all flight operations personnel who are not required to undergo the training described in paragraph (2)(d).
• (4) An air operator shall have a fatigue management training program for its flight crew members that contains
  • (a) personal fatigue management strategies relating to
    • (i) sleep hygiene,
    • (ii) lifestyle, exercise and diet, and
    • (iii) the consumption of alcohol and drugs;
  • (b) the impact of fatigue on aviation safety;
  • (c) sleep requirements and the science relating to fatigue;
  • (d) the causes and consequences of fatigue;
  • (e) how to recognize fatigue in themselves and in others;
  • (f) sleep disorders, their impact on aviation safety and treatment options; and
  • (g) human and organizational factors that may cause fatigue, including
    • (i) sleep quality and duration,
    • (ii) the impact of shift work and overtime,
    • (iii) the circadian rhythm, and
    • (iv) the effects of changes of time zones.