Exemption from paragraph 401.13(1)(a) of the Canadian Aviation Regulations and paragraph 421.13(1)(a) of Standard 421-Flight Crew Permits, Licences and Ratings

NCR-059-2020

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 candidates attempting to write the Transport Canada written examinations for the issuance of a Commercial Pilot Licence, Airline Transport Pilot Licence or Flight Instructor Rating from the requirements of paragraph 421.13(4)(a) of Standard 421 – Flight Crew Permits, Licences and Ratings made pursuant to paragraph 401.13(1)(a) of the Canadian Aviation Regulations (CARs) subject to the conditions set out below.

The above mentioned provisions are reproduced in full in Appendix A.

Purpose

The purpose of this exemption is to adopt temporary measures in the public interest to reduce the potential of person to person transmission in Canada following the declaration of a pandemic outbreak of novel coronavirus (COVID-19) by the World Health Organization (WHO) on March 11th, 2020. Consequently, most Civil Aviation Medical Examiners have temporarily closed their offices thus rendering the ability to undergo Civil Aviation medical examinations unavailable.

The purpose of this exemption is to allow candidates whose Category 1 medical certificates issued or renewed by the Minister of Transport under subsections 404.04(1) and (1.1) of the CARs, who no longer meet the validity period of a Commercial Pilot Licence yet still have validity for a Private pilot licence or who now hold a valid Category 3 Medical certificate to attempt written examinations for the Commercial Pilot Licence, Airline Transport Pilot Licence or Flight Instructor Rating for a period of 4 months, as a temporary measure.

Application

This exemption applies to all candidates, who have held a valid Category 1 medical certificate for a Commercial Pilot Licence or currently hold a valid Category 3 Medical Certificate valid for a Private pilot licence, attempting the written examinations for the issuance of a Commercial Pilot Licence, Airline Transport Pilot Licence or Flight Instructor Rating.

This exemption ceases to apply to any candidate attempting to write the Transport Canada written examinations for the issuance of a Commercial Pilot Licence, Airline Transport Pilot Licence or Flight Instructor Rating who breaches a condition of this exemption.

Conditions

This exemption is subject to the following conditions:

  1. Persons attempting to write the Transport Canada written examinations for the issuance of Commercial Pilot Licences, Airline Transport Pilot Licences or Flight Instructor Ratings shall hold a Category 3 Medical certificate or at least hold a Category 1 Medical Certificate who no longer meets the validity period of a Commercial Pilot Licence yet still has validity for a Private pilot licence.
  2. Persons exercising the privileges of a permit, licence or rating subject 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:

  • a) August 31, 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 1st day of May 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

Examination Prerequisites

  • 401.13 (1) Prior to taking a written examination, an applicant for a flight crew permit, licence or rating shall meet the prerequisites for the examination set out in the personnel licensing standards with respect to:
    • (a) medical fitness;
    • (b) identification;
    • (c) a recommendation from the flight instructor who is responsible for the training of the applicant; and
    • (d) experience.
  • […]

Pertinent provision of Standard 421 – Flight Crew Permits, Licences and Ratings

421.13 Examination Prerequisites

  • (1) For admission to a written examination required for the issue of a permit, licence or rating an applicant shall have met the medical standards for the issue of the permit, licence or rating and shall produce proof of medical fitness in one of the following forms:
    • (a) a Medical Certificate in the appropriate medical category;
    • (b) a Medical Assessment Letter (Form 26-0417) in the appropriate medical category;
    • (c) in the case of a Student Pilot Permit - Aeroplane, Pilot Permit - Ultra-light Aeroplane or Pilot Licence - Glider, a Civil Aviation Medical Declaration (Form 26-0297);
    • (d) a temporary Medical Certificate in the appropriate medical category; or
    • (e) a Medical Examination Report assessed to the appropriate medical category by the Regional Aviation Medical Officer.
  • (2) […]
  • (3) […]
  • (4) […]
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