Conversion between U.S. and Canadian Pilot Licences
IMPLEMENTATION PROCEDURES FOR LICENSING
Under the Agreement for the Promotion of Aviation Safety dated 12 June 2000 between the Government of the United States of America and the Government of Canada
CHAPTER IV - MUTUAL COOPERATION
4.0 Periodic Meetings
The FAA and TCCA agree to meet to discuss these Implementation Procedures when considered necessary by either party, but not less than once a year. The meetings will address on-going projects, changes in the FAA or TCCA organizations, any revisions to FAA or TCCA requirements, or any other relevant matters relating to these Implementation Procedures. The frequency of these meetings will depend on the resources available to each authority, as well as the significance of any outstanding issues.
The FAA and TCCA will provide each other information and assistance regarding the licences and certificates of pilots under the terms of these Implementation Procedures, and will develop appropriate documentation and circulate these documents in the customary manner in their respective countries to:
- (a) inform the public of the terms of these Implementation Procedures and subsequent amendments; and
- (b) explain the procedures to be followed by pilots interested in applying for the conversion of a licence or certificate.
4.2 Technical Evaluation Assistance
The FAA and TCCA agree to provide technical evaluation assistance to each other, upon request, to further the purposes and objectives of these Implementation Procedures. Such areas of mutual assistance may include, but are not limited to:
- (a) Providing verification of authenticity for a licence or certificate that is the basis for an application for a conversion licence or certificate.
- (b) Providing a list of pilot licences or certificates converted under these Implementation Procedures at least annually.
- (c) Providing recommendations relating to evaluations conducted by the FAA or TCCA.
- (d) Performing surveillance and providing reports regarding pilots’ continued compliance with the requirements described in these Implementation Procedures.
- (e) Conducting and reporting on investigations and enforcement actions.
- (f) Obtaining and providing data for reports regarding pilot licensing or certification upon request.
4.3 Exchange of Information
The FAA and TCCA will provide each other with their regulations, policies, guidance, practices and interpretations relevant to these Implementation Procedures, and will update such documents in a timely manner. In addition, any FAA or TCCA proposal to amend such documents will be provided to the other authority for review prior to the amendment taking effect, consistent with their national laws and administrative procedures.
4.4 Establishing and Amending Regulations, Policies, and Guidelines
To the extent permitted by their national laws and administrative procedures, the FAA and the TCCA agree to provide technical assistance to each other in the development and issuance of regulations, policies, guidance, practices, and interpretations relevant to these Implementation Procedures.
4.5 Urgent or Unusual Situations
When urgent or unusual situations develop that are within the scope of, but not specifically addressed by these Implementation Procedures, the FAA and TCCA will consult, and take appropriate action, including developing amendments to these Implementation Procedures, including the Appendices, if required, as set forth under paragraph 1.3.
4.6 Notification of Non-compliance and Safety Issues
(a) In the case of a pilot who has converted an FAA pilot certificate to a TCCA pilot licence under these Implementation Procedures:
- 1. TCCA agrees to notify the FAA of each case of non-compliance with TCCA’s regulations that affect the validity of the TCCA pilot licence; and
- 2. the FAA agrees to notify TCCA of each case of non-compliance with FAA’s regulations that affect the validity of the FAA pilot certificate.
- (b) In the case of a pilot who has converted a TCCA pilot licence to an FAA pilot certificate under these Implementation Procedures:
1. the FAA agrees to notify TCCA of each case of non-compliance with FAA’s regulations that affect the validity of the FAA pilot certificate; and
- 2. TCCA agrees to notify the FAA of each case of non-compliance with TCCA’s regulations that affect the validity of the TCCA pilot licence.
- (c) TCCA and FAA agree to review the listing identified in paragraph 4.2(b) prior to providing notification of non-compliance under paragraph 4.6.b. Such notification will be sent to the other authority’s representative of the office identified in paragraph 1.5(b). The obligation to send such a notification will provide critical data to assist in measuring the safety performance of this IPL agreement.
- (d) The FAA and TCCA retain the right to take enforcement action, as appropriate, against their respective certificate or licence holders. Any enforcement action will follow existing national prescribed procedures. In some cases, where permitted under the applicable laws governing an authority, the authority may choose to defer to an enforcement action taken by the other authority. The enforcement consultation process under these Implementation Procedures will be subject to a regular joint review by both the FAA and TCCA.
4.7 Protection of Proprietary Data and United States Freedom of Information Act (FOIA) or Canadian Access to Information Act (AIA) Requests
- (a) Proprietary Data. Both authorities recognize that certain data contained in a pilot’s profile or data submitted by a training organization may be the property of that facility or another person and release of that data by the FAA or TCCA may be restricted under their national laws. The FAA and TCCA agree that, subject to any applicable laws that would require the release of the information, they will not copy, release, or show such proprietary data obtained from either authority to anyone outside of the FAA or TCCA without written consent of the owner of the proprietary data.
- (b) FOIA Requests. The FAA often receives requests from the public under the United States Freedom of Information Act to release information that the FAA may have in its possession. Such requests must be honored unless they fall within certain exceptions, including trade secrets, or financial or commercial data that would be considered confidential or privileged. When the FAA receives such a request for the release of information related to a certificate or licence holder located in Canada and covered by these Implementation Procedures, the FAA will advise TCCA of any information received from TCCA and submitted to the FAA that might be released. The FAA also may request TCCA for assistance in determining if the person submitting the information would agree to its release and if applicable, which portions of the submitted information or such information, if generated by TCCA, might be withheld under any applicable FOIA exceptions.
- (c) AIA Requests. public under the Access to Information Act (AIA) to release information that TCCA has in its possession. Any information in TCCA’s control must be disclosed under the AIA unless it falls within certain exceptions, including personal information, and trade secrets, financial, commercial, scientific or technical information, received from a third party which the third party consistently treats as confidential, where disclosure could reasonably be expected to result in tangible financial loss or gain to the third party or could reasonably be expected to interfere with a third party’s contractual or other negotiations. TCCA must also refuse to disclose any information that was obtained in confidence from a government of a foreign state or an institution thereof. When TCCA receives such a request for the release of information related to a certificate or licence holder located in the United States and covered by these Implementation Procedures, TCCA will advise the FAA of any information received from the FAA and submitted to TCCA that might be released. TCCA also may request the FAA for assistance in determining if the person submitting the information would agree to its release and if applicable, which portions of the submitted information or such information, if provided by the FAA, should not be released under any applicable AIA exceptions.
4.8 Accident and Incident Investigation Requests
When the FAA or TCCA need information concerning pilot licences or certificates in connection with the investigation of accidents or incidents, the request for information should be directed to the office identified in paragraph 1.5(b). The other authority will, subject to any law that would prohibit the disclosure of the information, provide the requested information in a timely manner.