Exemption from section 402.05 of the Canadian Aviation Regulations
NCR-078-2020
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 persons exercising the privileges of an air traffic controller licence who cease to have the authorization to exercise that privilege solely because of the expiry of the validity period of their proficiency check, from the requirements of section 402.05 of the Canadian Aviation Regulations (CARs), subject to the conditions set out below.
Section 402.05 of the CARs states that the holder of an air traffic controller licence shall not exercise the privileges of that licence at an air traffic control unit unless the holder has successfully completed a proficiency check within the preceding 12 months.
The above mentioned provision and other relevant provisions cited in the conditions below 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 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.
More specifically, the exemption will add 270 days to the validity period of the proficiency checks for all air traffic controllers providing air traffic services under the CARs.
Application
This exemption applies only to holders of currently valid air traffic control licences and ratings whose proficiency checks were valid as of March 12, 2020 and have a validity period that will end on or before September 30th 2020.
This exemption ceases to apply to a holder of a currently valid air traffic controller licence or rating who breaches a condition of the exemption.
Conditions
This exemption is subject to the following conditions:
- Persons exercising the privileges of an air traffic controller 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.
- The holder of an air traffic controller licence who exercises this exemption shall be required to successfully complete a proficiency check in accordance with the program established in accordance with paragraph 107.03(d) of the CARs no later than 270 days after the date on which the validity period of the proficiency check expired.
- Any instances of non-conformance to applicable rules and procedures shall be documented and addressed at the time of occurrence and corrected in a manner approved by the applicable Air Traffic Services (ATS) unit manager.
- Any documentation arising from circumstances described in condition 3 above shall be retained in the manner and for the duration specified in the program established in accordance with paragraph 107.03(d) of the CARs.
- This exemption does not apply to air traffic controllers who have newly qualified after March 11th 2020.
- The holder of an air traffic controller licence may exercise this exemption one time only.
Cancellation Clause
Exemption NCR-025-2020 from section 402.05 of the CARs signed on March 24, 2020 by Nicholas Robinson the Director General, Civil Aviation on behalf of the Minister of Transport is hereby cancelled because it is in the opinion of the Minister that it is no longer in the public interest or is likely to adversely affect aviation safety or security.
Validity
This exemption is in effect until the earliest of the following:
- a) June 30th, 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 affect aviation safety or security.
Dated at Ottawa, Ontario, Canada 2020 this 17th day of June, on behalf of the Minister of Transport.
Nicholas Robinson
Director General,
Civil Aviation
Transport Canada
Appendix A
Pertinent provisions of the Canadian Aviation Regulations
Application
- 107.01 […]
- (2) This Subpart applies to an applicant for, or a holder of, one of the following certificates:
- […]
- (b) an ATS operations certificate issued under section 801.05.
- […]
Safety Management System
- 107.03 A safety management system shall include
- […]
- (d) a process for ensuring that personnel are trained and competent to perform their duties;
- […]
Recency Requirements
- 402.05 The holder of an air traffic controller licence shall not exercise the privileges of that licence at an air traffic control unit unless the holder has successfully completed a proficiency check within the preceding 12 months.