Exemption from subsection 606.03(6) of the Canadian Aviation Regulations

NCR-048-2020

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 persons holding a flight simulator certificate or a flight training device certificate issued pursuant to subsection 606.03(2) of the Canadian Aviation Regulations (CARs), from the requirement set out in subsection 606.03(6) of the CARs, subject to the conditions set out below.

Subsection 606.03(6) of the CARs states:

Subject to subsection (7), the certificate referred to in subsection (5) remains in force

• (a) in the case of a flight simulator, until the first day of the seventh month following the month in which the flight simulator was evaluated; or
• (b) in the case of a flight training device, until the first day of the thirteenth month following the month in which the flight training device was evaluated.

The above-mentioned provisions are reproduced in Appendix A.

Purpose

The purpose of this global exemption is to provide holders of a flight simulator certificate or flight training device certificate issued pursuant to subsection 606.03(2) of the CARs with the temporary authority to extend the validity period of any flight simulator or flight training device certificate referred to in paragraph 606.03(2) of the CARs for an additional 180 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 crews following the declaration of a pandemic outbreak of novel coronavirus (COVID-19) by the World Health Organization (WHO) on March 11th, 2020.

Application

This global exemption applies to persons holding a flight simulator certificate or a flight training device certificate issued pursuant to subsection 606.03(2) of the CARs and allows certificate holders to extend the validity period in respect of which a flight simulator certificate or a flight training device certificate is in force for an additional 180 consecutive days as permitted by subsection 606.03(7) of the CARs.

This exemption ceases to apply to a simulator certificate holder who breaches a condition of this exemption. Transport Canada National Flight Operations may limit or prevent a certificate holder from 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 180 day extension shall only be applied to a flight simulator certificate or a flight training device certificate that is currently valid or has not expired prior to March 22nd, 2020;
2. The certificate holder shall provide the Minister with the quarterly Qualification Test Guide (QTG) results;
3. The certificate holder shall provide the Minister with a list of deficiencies of the full-flight simulator or flight training device that have been discovered or deferred; and
4. Users of this exemption shall comply with the CARs in all respects, and the CARs would 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:

• a) October 31st, 2020 at 23:59 (EDT); 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 22nd 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

Synthetic Flight Training Equipment

• 606.03 (1) Except in the case of a remotely piloted aircraft system, no person shall use synthetic flight training equipment to provide training or to conduct a skills assessment required under Part IV, this Part or Part VII, unless there is in force in respect of that equipment a flight simulator certificate or flight training device certificate issued under subsection (2) or an equivalent approval or certificate issued under the laws of a foreign state with which Canada has an agreement respecting such equipment.
• (2) The Minister shall, where it is determined that the synthetic flight training equipment meets the standards set out for that equipment in the Aeroplane and Rotorcraft Simulator Manual, issue to the operator of that equipment a flight simulator certificate or flight training device certificate.
• […]
• (5) A certificate issued pursuant to subsection (2) remains in force where the synthetic flight training equipment in respect of which the certificate has been issued is re-evaluated
  • (a) in the case of a flight simulator, at least every six months; or
  • (b) in the case of a flight training device, at least every 12 months.
• (6) Subject to subsection (7), the certificate referred to in subsection (5) remains in force
  • (a) in the case of a flight simulator, until the first day of the seventh month following the month in which the flight simulator was evaluated; or
  • (b) in the case of a flight training device, until the first day of the thirteenth month following the month in which the flight training device was evaluated.
• (7) The Minister may extend the period in respect of which a flight simulator certificate or a flight training device certificate is in force by up to 60 where the Minister is of the opinion that aviation safety is not likely to be affected.