Exemption from paragraphs 404.17(a) and 404.18(a) of the Canadian Aviation Regulations and paragraph 424.17(1)(a) and subsection 424.17(4) of standard 424 – Medical requirements
NCR-061-2020
Pursuant to subsection 5.9(2) of the Aeronautics Act, and after having taken into account that the exemption is in the public interest and is not likely to adversely affect aviation safety or security, I hereby exempt Civil Aviation Medical Examiners (CAMEs) performing medical examinations to renew medical certificates (MC) from the requirements of paragraphs 404.17(a) and 404.18(a) of the Canadian Aviation Regulations (CARs) and paragraph 424.17(1)(a) and subsection 424.17(4) of Standard 424 –Medical Requirements subject to the conditions set out below.
The above mentioned provisions are reproduced in Appendix A.
Purpose
The purpose of this exemption is to adopt measures in the public interest to reduce the immediate and long-term regulatory demand on healthcare resources in Canada following the declaration of a pandemic outbreak of novel coronavirus (COVID-19) by the World Health Organization on March 11th, 2020 and reduce the unnecessary exposure of healthy medical certificate holders to potentially hazardous healthcare settings.
More specifically, the purpose of this exemption is to permit CAMEs to renew existing MCs via telemedicine consultation when the Civil Aviation Medical Examiner deems it sufficient.
Application
This exemption applies to Civil Aviation Medical Examiners referred to in paragraphs 404.16(a) and (b) of the CARs.
This exemption ceases to apply to a Civil Aviation Medical Examiner that does not respect a condition of this exemption.
Conditions
This exemption is subject to the following conditions:
- Civil Aviation Medical Examiners shall conduct medical examinations via telemedicine to renew medical certificates only.
- Physicians shall conduct the medical examination in accordance with telemedicine practices recognized by the physician’s medical licensing authority when they deem it sufficient.
- Subject to Conditions 4 and 5, below, the medical standards for the renewal of medical certificates of a category, where an in-person assessment is required by the CARs, shall be met by following a sufficiently thorough telemedicine examination conducted by the physician.
- Where the physician is incapable of reaching a conclusion regarding the fitness of an applicant and their ability to satisfy the medical requirements of their category of medical certificate based only upon the telemedicine examination conducted in accordance with this exemption, the physician shall conduct an in-person medical examination in accordance with Standard 424 – Medical Requirements prior to making any determination of the applicant’s medical fitness.
- When a telemedicine consultation is deemed sufficient to renew a medical certificate, the physician shall provide the applicant with a letter or an email setting out the applicant’s name, medical certificate number, date of the examination, attestation of “fit” and the physician’s name, contact information, and their Civil Aviation Medical Examiner number, and, if practicable, stamp.
- Civil Aviation Medical Examiners, pursuant to the terms and conditions of this exemption, shall comply with the CARs in all respects other than with paragraphs 404.17(a) and 404.18(a) of the CARs and paragraph 424.17(1)(a) and subsection 424.17(4) of Standard 424 – Medical Requirements as specified in this exemption and any other applicable exemption issued by the Minister of Transport.
Validity
This exemption is in effect until the earliest of the following:
- a. March 31, 2021, at 23:59 (EST); or
- b. The date on which this exemption is cancelled in writing by the Minister where he is of the opinion that it is no longer in the public interest or that it is likely to adversely affect aviation safety or security.
DATED at Ottawa, Ontario, this 21st 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 provisions of the Canadian Aviation Regulations
Responsibilities of Medical Examiner
404.17 Where a physician referred to in paragraph 404.16(a) or (b) conducts a medical examination of an applicant for the issuance or renewal of a medical certificate, the physician shall
- (a) conduct the medical examination in accordance with the procedures set out in the personnel licensing standards
[...]
Examination for Renewal of a Medical Certificate or for Permission to Continue to Exercise the Privileges of a Permit, Licence or Rating
404.18 When the holder of a medical certificate undergoes a medical examination by a physician referred to in paragraph 404.16(a) or (b) for the purpose of renewing his or her certificate or obtaining permission to continue to exercise the privileges of his or her permit, licence or rating, the physician shall
- (a) sign and date the medical certificate and stamp it with his or her official stamp indicating that the holder is “fit” and return the medical certificate to the holder
Pertinent provisions of Standard 424 – Medical Requirements
424.17 Responsibilities of Medical Examiner
(1) When conducting a medical examination of an applicant for the issuance or renewal of a medical certificate, the CAME shall:
- (a) examine the applicant in accordance with:
- (i) medical practice recognized by the medical profession, and
- (ii) the personnel licensing standards;
- (b) [...]
(4) Physical and Mental Requirements for Medical Categories
An applicant shall be granted the highest assessment possible on the basis of the finding recorded during the medical examination. An applicant desiring a medical category higher than that necessary for the type of permit, licence or rating requested shall so inform the Civil Aviation Medical Examiner. Where specialist examinations or laboratory tests are required to determine fitness for a higher assessment, these may be arranged by the Civil Aviation Medical Examiner, with the concurrence of the applicant.
The following indicates the standard an applicant must attain for the issuance of a Medical Certificate for each medical category: