Exemption from subsection 401.06(2) of the Canadian Aviation Regulations
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 permits or licences endorsed with the certification of temporary additional privileges, from the requirements of subsection 401.06(2) of the Canadian Aviation Regulations (CARs), subject to the conditions set out below.
The above mentioned provision is reproduced in Appendix A.
The purpose of this exemption is to allow the certification of additional privileges endorsed on a permit or licence to only expire upon receipt of a new permit or licence granting those privileges, instead of the normally prescribed period of 90 days for a temporary endorsement.
The purpose of this exemption is to adopt temporary measures in the public interest to reduce the potential of person to person transmission in air traffic control units in Canada following the declaration of a pandemic outbreak of novel coronavirus (COVID-19) by the World Health Organization (WHO) on March 11th, 2020.
This exemption applies to all holders of permits or licences endorsed with the certification of temporary additional privileges;
This exemption ceases to apply to a holder of a permit or licence who breaches a condition of this exemption.
This exemption is subject to the following conditions:
- The certification of additional privileges on a permit or licence expires on receipt of a new permit or licence granting those privileges.
- Persons exercising the privileges of a permit, licence or rating 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.
This exemption is in effect until the earliest of the following:
- a) December 31, 2020 at 23:59 (EST); 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 4th day of June 2020, on behalf of the Minister of Transport.
“Original signed by”
Director General, Civil Aviation
Pertinent provision of the Canadian Aviation Regulations
Issuance and Endorsement of Flight Crew Permits, Licences and Ratings
- 401.06 (1) Subject to section 6.71 of the Act, the Minister shall, on receipt of an application submitted in the form and manner specified in the personnel licensing standards, issue a flight crew permit or licence to the applicant or endorse the applicant’s flight crew permit or licence with a rating if the applicant provides documentation to the Minister that establishes
- (a) the applicant’s citizenship;
- (b) that the applicant meets the applicable requirements set out in the personnel licensing standards in respect of
- (i) minimum age,
- (ii) medical fitness,
- (iii) knowledge,
- (iv) experience, and
- (v) skill; and
- (c) that the applicant has successfully completed, within the applicable period specified in the personnel licensing standards preceding the date of application for the permit, licence or rating, a flight test in accordance with the personnel licensing standards.
- (1.1) An application shall also include
- (a) in the case of a licence or a permit, one photograph of the applicant that meets the requirements of subsection 421.06(3) of the personnel licensing standards; and
- (b) in the case of a licence, documentation establishing that the applicant demonstrated, by means of an evaluation, their ability to speak and understand English or French, or both, at the operational or expert level in accordance with the language proficiency scale set out in the table to subsection 421.06(4) of the personnel licensing standards.
- (2) The certification of additional privileges on a permit or licence expires at the end of the period specified on the licence or permit or on receipt of a new permit or licence granting those privileges, whichever is earlier.
- (3) The Minister shall extend the validity period of a flight instructor rating for a period of not more than 90 days beginning on the day on which the rating would otherwise expire, if
- (a) the application for extension of the rating is made while the rating is still valid; and
- (b) the applicant demonstrates that there has been no reasonable opportunity to renew the rating within the 90 days before the day on which the rating would otherwise expire.