Exemption from section 408.12 of the Canadian Aviation Regulations and clause (1)(a)(iii)(b) of schedules 4 and 6 of standard 428 – Conduct of flight tests

NCR-066-2020

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 examiners conducting flight tests for the issuance of Commercial Pilot Licences - Aeroplane or Helicopter from the requirements of section 408.12 of the Canadian Aviation Regulations (CARs) and clause (1)(a)(iii)(B) of Schedules 4 and 6 of Standard 428- Conduct of Flight Tests, subject to the conditions set out below.

Section 408.12 of the CARs states that, before conducting a flight test or partial re-test, the examiner shall ensure that they have received the documentation specified in section 1 of Schedules 1 to 18 to the flight testing standards, dated, if applicable, as specified in that section.

Schedule 4 - Flight Test for the issuance of a Commercial Pilot Licence - Aeroplane and Schedule 6 - Flight Test for the Issuance of a Commercial Pilot Licence - Helicopter of Standard 428 – Conduct of Flight Tests state that before conducting a flight test, the examiner shall receive a letter signed by the holder of a Flight Instructor Rating, dated within 30 days prior to the flight test, certifying that the candidate has successfully completed the required written examination and has an acceptable level of knowledge of the subject area(s) in which a deficiency was indicated by the Written Examination Results and Feedback Report.

Section 408.12 of the CARs, Schedules 4 and 6 of Standard 428 and section 421.14 of Standard 421 – Flight Crew Permits, Licences and Ratings are reproduced 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.

More specifically, the purpose of this exemption is to allow, until December 31, 2020, examiners conducting flight tests for commercial pilot licence candidates to accept the following candidates for Commercial Pilot Licences – Aeroplane or Helicopter that do not meet the pre-requisites for the written examination due to circumstances related to COVID-19:

• 1) Examination candidates who are unable to write the Transport Canada licensing examinations prior to attempting their flight test; or,
• 2) Candidates whose 24-month written exam validity will expire without having completed all of the training and checking required for application for a Commercial Pilot Licence.

Application

This exemption applies to examiners conducting flight tests for the issuance of Commercial Pilot Licences - Aeroplane or Helicopter.

This exemption ceases to apply to any examiner that does not respect a condition of this exemption.

Conditions

This exemption is subject to the following condition(s):

1. Examiners shall conduct a flight test for the issuance of a Commercial Pilot Licence – Aeroplane or Helicopter for candidates who have not yet successfully completed the written examination providing the candidate for the flight test has completed a minimum of 75% of the total flying experience required for the licence and produces a letter of recommendation from the holder of a flight instructor rating certifying that:

• (a) a pre-test skill evaluation (mock flight test) was conducted on the candidate;
• (b) the candidate is considered to have reached a sufficient level of competency to undertake a flight test for the issuance of the Commercial Pilot Licence; and
• (c) the candidate is recommended for the flight test.

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 other than with clauses (1)(a)(iii)(B) of Schedules 4 and 6 of Standard 428 – Conduct of Flight Tests.

Validity

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 16^th day of June, 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

Prerequisite for Flight Test

408.12 Before conducting a flight test or partial re-test, the examiner shall ensure that they have received the documentation specified in section 1 of Schedules 1 to 18 to the flight testing standards, dated, if applicable, as specified in that section.

Pertinent provisions of Standard 428 – Conduct Of Flight Tests

[...]

Schedule 4 - Flight Test for the issuance of a Commercial Pilot Licence - Aeroplane

1. Prerequisites for the Flight Test

• (a) Before conducting a flight test, the examiner shall receive the following documentation:
  • [...]
    (iii) a letter signed by the holder of a Flight Instructor Rating – Aeroplane, dated within 30 days prior to the flight test, certifying that:
    [...]
    • (B) the candidate has successfully completed the required written examination and has an acceptable level of knowledge of the subject area(s) in which a deficiency was indicated by the Written Examination Results and Feedback Report,
      [...]

Schedule 6 - Flight Test for the Issuance of a Commercial Pilot Licence - Helicopter

1. Prerequisites for the Flight Test

• (a) Before conducting a flight test, the examiner shall receive the following documentation:
  • [...]
    
    • (iii) a letter signed by the holder of a Flight Instructor Rating – Helicopter, dated within 30 days prior to the flight test, certifying that:
      • [...]
        (B) the candidate has successfully completed the required written examination and has an acceptable level of knowledge of the subject area(s) in which a deficiency was indicated by the Written Examination Results and Feedback
        Report,
        [...]