Exemption from paragraphs 725.106(2)(d) and (e) of standard 725 – Airline operations – Aeroplanes (Standard 725) of the Commercial Air Service Standards (CASS) made pursuant to section 705.106 of the Canadian Aviation Regulations (CARs) and paragraphs 725.124(8)(b) and (c) of standard 725 of the CASS made pursuant to section 705.124 of the CARs

NCR-077-2020

Pursuant to subsection 5.9(2) of the Aeronautics Act, and after taking into account that the exemption is in the public interest and is not likely to adversely affect aviation safety or security, I hereby exempt an air operator conducting operations pursuant to Subpart 5 of Part VII of the Canadian Aviation Regulations (CARs) from the requirements of paragraphs 725.106(2)(d) and (e) of Standard 725 – Airline Operations — Aeroplanes (Standard 725) of the Commercial Air Service Standards (CASS) made pursuant to section 705.106 of the CARs and paragraphs 725.124(8)(b) and(c) of Standard 725 of the CASS made pursuant to section 705.124 of the CARs, subject to the conditions stated below.

The above mentioned provisions of the CARs and the CASS are reproduced in Appendix A.

Purpose

The purpose of this exemption is to allow an air operator conducting operations pursuant to Subpart 5 of Part VII of the CARs to substitute aeroplane only training and checking where there is a requirement that the training and checking is done in a flight simulation training device (FSTD).

Application

This exemption applies to an air operator conducting operations pursuant to Subpart 5 of Part VII of the CARs that carries out pilot proficiency checks (PPC), which must be completed in an FSTD. An air operator that currently cannot gain access to an FSTD may conduct PPCs in an aeroplane.

This exemption also applies to an air operator conducting operations pursuant to Subpart 5 of Part VII of the CARs that has established a flight training program approved by the Minister, which requires flight training to be completed in an FSTD. An air operator that currently cannot gain access to an FSTD may submit an aeroplane only flight training program for approval by the Minister that complies with subsection 725.124(13) of the CASS.

This exemption applies to recurrent training only.

This exemption ceases to apply to an air operator conducting operations pursuant to Subpart 5 of Part VII of the CARs who breaches a condition of the exemption.

Conditions

This exemption is subject to the following conditions:

  1. The air operator shall establish and maintain an Aeroplane only Flight Training Program approved by the Minister in accordance with subsection 725.124(13) of Standard 725 of the CASS.
  2. Where a Specific Approval (SA) for an Operations Specification requires training, that can only be accomplished in an FSTD, no person who has not met the conditions of issuance of the SA shall use the privileges of that SA.
  3. Training pilots shall follow the guidance on safe training and checking practices contained in Appendix A of Transport Canada Publication TP6533 Approved Check Pilot Manual and in item H of the Approved Check Pilot (ACP) / Advanced Qualification Program (AQP) Evaluator Bulletin - No. 03/20.

Validity

This exemption is in effect until the earliest of the following:

  • a) December 1, 2020 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 is likely to adversely affect aviation safety or security.

DATED at Ottawa, Ontario, this 17th day of June, 2020 on behalf of the Minister of Transport.

Nicholas Robinson,
Director General
Civil Aviation
Transport Canada

Appendix A

Relevant provisions of the Canadian Aviation Regulations

Pilot Qualifications

705.106 (1) Subject to subsection (3), no air operator shall permit a person to act and no person shall act as the pilot-in-command, second-in-command or cruise relief pilot of an aircraft unless the person:

[...]

  • (c) has successfully completed a pilot proficiency check, the validity period of which has not expired, for that type of aircraft, in accordance with the Commercial Air Service Standards;

[...]

Training Program

705.124 (1) Every air operator shall establish and maintain a training program that is

[...]

  • (b) approved by the Minister in accordance with the Commercial Air Service Standards...

[...]

Relevant provisions of the Commercial Air Service Standards

DIVISION VII – PERSONNEL REQUIREMENTS

725.106 Pilot Qualifications

(1) [...]

(2) Pilot Proficiency Check

[...]

(d) Initial and recurrent Pilot Proficiency Checks shall be conducted on a combination of a Flight Training Device certified to Level 4 or higher and a Full Flight Simulator or a combination of a Flight Training Device certified to Level 6 or higher and the aeroplane, if a simulator is available in North America.

(e) For turbo-jet aeroplanes of 50 or more seats initial and recurrent Pilot Proficiency Checks shall be conducted on a Full Flight Simulator or a combination of a Full Flight Simulator and a flight training device certified to Level 4 or higher. Location of the synthetic training device will not be considered in applying this standard.

[...]

DIVISION VIII – TRAINING

725.124 Training Program

The air operator training program syllabus shall include all applicable subsections of this standard.

[...]

(8) Synthetic Flight Training Device

  • (b) All initial and recurrent flight training shall be conducted on a combination of FTD certificated to Level 4 or higher and an FFS or a combination of FTD certificated to Level 6 or higher and the aeroplane.
  • (c) For turbo-jet aeroplanes of 50 or more seats, with the exception of airborne training authorized under this standard, all initial and recurrent training shall be conducted on an FFS or on a combination of FFS and FTD certified to Level 4 or higher.

[...]

(13) Aeroplane only Flight Training Program

  • (a) An aeroplane only flight training program will only be approved:
    • (i) for a reciprocating powered aeroplane;
    • (ii) for a turbo-jet aeroplane, if no simulator exists; or
    • (iii) for a turbo-prop aeroplane, if no simulator exists within North America.
  • (b) Any simulated failure of aeroplane systems shall only take place under operating conditions which do not jeopardize safety of flight.
  • (c) The training program shall include Standard Operating Procedures for normal, abnormal and emergency operation of the aeroplane systems and components with the following:
    • (i) use of aeroplane checklists including interior and exterior pre-flight checks;
    • (ii) manoeuvring of the aeroplane on the ground;
    • (iii) aspects of flight and cabin crew co-operation, command and co-ordination;
    • (iv) normal take-off, visual circuit, approach and landing which, for initial training, shall be conducted by day and by night;
    • (v) simulated aeroplane and cargo fire on the ground and while airborne;
    • (vi) simulated engine fire and failure;
    • (vii) briefings on effects of airframe and engine icing and anti-ice operation;
    • (viii) take-off, landing and flight with the critical engine simulated inoperative, including driftdown and engine inoperative performance capabilities;
    • (ix) on 3- and 4-engine aeroplanes inflight procedures including approach and landing with 2 engines simulated inoperative (applies to pilot-in-command only);
    • (x) simulated loss of pressurization and emergency descent;
    • (xi) no electronic glide slope approach and landing;
    • (xii) simulated hydraulic, electrical and other system failures;
    • (xiii) simulated flight control failures and degraded states of operation, while in-flight, and during take-off and landing; (as applicable)
    • (xiv) simulated failure of navigation and communication equipment;
    • (xv) simulated pilot incapacitation - recognition and response;
    • (xvi) briefing on recovery from turbulence and windshear on take-off and approach;
    • (xvii) approach to the stall and recovery procedure simulating ground contact imminent and ground contact not a factor (clean, takeoff and landing configuration);
    • (xviii) buffet onset boundary, steep turns (45° of bank) and other flight characteristics (as applicable for initial and upgrade only);
    • (xix) aeroplane performance for climb, cruise, holding, descent and landing;
    • (xx) normal and performance limited take-offs;
    • (xxi) crosswind take-off and landing, and briefing on contaminated runway take-off and landing;
    • (xxii) take-off and landing data calculations;
    • (xxiii) simulated rejected take-off procedures (at or below 60 kts) and rejected landings;
    • (xxiv) briefing on crew and passenger evacuation procedures; and
    • (xxv) other specialized aeroplane equipment (where applicable).
  • (d) Where the air operator is authorized for VFR flight at night or flight in IMC, the training program shall also include flight planning and instrument flight procedures with the following:
    • (i) departure, enroute, holding and arrival; and
    • (ii) all types of instrument approaches and missed approaches in simulated minimum visibility conditions, including circling approaches (where applicable) using all levels of automation available (as applicable).
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