Exemption from subsection 401.12(2) of the Canadian Aviation Regulations

NCR-041-2020

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 all holders of valid Canadian Aviation Document Booklets, from the requirements of subsection 401.12(2) of the Canadian Aviation Regulations (CARs), subject to the conditions set out below.

Subsection 401.12(2) of the CARs states that the validity period of a flight crew permit or licence that is issued in the form of a booklet label starts on the day on which it is issued and ends on the expiry date of the aviation document booklet in which it is affixed.

The above mentioned provisions are reproduced in Appendix A.

Purpose

The purpose of this exemption is to adopt temporary measures in the public interest to enable all holders of valid Canadian Aviation Document Booklets to continue operations in the environment created by the COVID-19 pandemic

More specifically, this exemption will allow all holders of Canadian Aviation Document Booklets that were still valid on March 12, 2020 to continue exercising the privileges stated in their booklet for a period of 90 days beyond the original expiry date affixed in the booklet as the limiting of on-site personnel to critical services will impair the processing and issuance of licences and Aviation Document Booklets prior to their Expiration.

Application

This exemption applies only to holders of Aviation Document Booklets that were still valid on March 12, 2020.

This exemption ceases to apply to a holder of a valid Aviation Document Booklet that that does not respect the condition of this exemption.

Conditions

This exemption is subject to the following condition:

1. The 90 consecutive day extension to Canadian Aviation Document Booklets identified in subsection 401.12(2) of the CARs shall be applied to those booklets that were still valid on March 12, 2020. The extension is to be added to the existing valid-to date and will expire on the 90th day at 23:59 (EDT)
2. Persons exercising the privileges of a permit, licence or rating specified in an Aviation Document Booklet pursuant to the terms and conditions of this exemption shall comply with the CARs in all respects, and the CARs shall continue to apply in all respects other than the specific exemption set out herein, or any other applicable exemption issued by the Minister of Transport.

Validity:

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

1. July 1^st, 2020 at 23:59 (EDT); This is the last day that an extension can be granted for an Aviation Document Booklet, with the extension expiring no later than September 29, 2020 at 23:59 (EDT); or
2. 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 8th 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 provisions of the Canadian Aviation Regulations

Validity of Flight Crew Permits and Licences

401.12 (1) A flight crew permit or licence that is issued in the form of a booklet label is not valid unless:

• (a) the label is affixed in an aviation document booklet;
• (b) the booklet number displayed on the label matches the number of the booklet; and
• (c) the booklet is signed by the holder.

(2) The validity period of a flight crew permit or licence that is issued in the form of a booklet label starts on the day on which it is issued and ends on the expiry date of the aviation document booklet in which it is affixed.

(3) The expiry date of an aviation document booklet that has a flight crew permit affixed in it but does not have a flight crew licence affixed in it is the first day of the 121st month following the day on which the booklet was issued.

(4) The expiry date of an aviation document booklet that has a flight crew licence affixed in it is:

• (a) the first day of the 121st month following the day on which the booklet was issued, if the application for the licence included documentation establishing that the holder demonstrated an expert level ability during their language proficiency evaluation; or
• (b) the first day of the 121st month  following the day on which the holder’s language proficiency evaluation was conducted, if the application for the licence included documentation establishing that the holder demonstrated an operational level ability during the evaluation.

(5) A flight crew permit or licence that was not issued in the form of a booklet label and is listed in column 1 of the table this subsection is valid until the day set out in column 2.

Table