Vol. 133, No. 49 — December 4, 1999

Regulations Amending the Canadian Aviation Regulations (Part IV)

Statutory Authority

Aeronautics Act

Sponsoring Department

Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

Description

General

These proposed Regulations Amending the Canadian Aviation Regulations (Part IV) — Personnel Licensing and Training include amendments to Subpart 0 (General), Subpart 1 (Flight Crew Permits, Licences and Ratings) and Subpart 6 (Flight Training Units). Part IV of the Canadian Aviation Regulations (CARs) also includes Subpart 2 (Air Traffic Controller Licences and Ratings), Subpart 3 (Aircraft Maintenance Engineer Licences and Ratings), Subpart 4 (Medical Requirements) and Subpart 5 (Flight Training) which are not being amended at this time. Part IV of the CARs deals with the personnel licensing and training rules which apply to all aircraft operations, both commercial and private.

The 28 regulations to which amendments are proposed are listed in the following table.

Subpart 0	General
400.01	Interpretation
400.03	Time Limits
400.04	Rewriting of Examinations
400.07	Change of Address
Subpart 1	Flight Crew Permits, Licences and Ratings
401.05	Recency Requirements
401.07	Validation of Foreign Licences
401.08	Personal Logs
401.13	Examination Prerequisites
401.15	Conduct of a Flight Test
401.20	Pilot Permits — Gyroplanes — Privileges
401.21	Pilot Permits — Ultra-light Aeroplanes — Privileges
401.22	Pilot Permits — Recreational — Aeroplanes — Privileges
401.23	Pilot Permits — Recreational — Helicopters — Privileges
401.24	Pilot Licence — Gliders — Privileges
401.25	Pilot Licence — Balloons — Privileges
401.26	Private Pilot Licence — Aeroplanes — Privileges
401.27	Private Pilot Licence — Helicopters — Privileges
401.30	Commercial Pilot Licence — Aeroplane — Privileges
401.31	Commercial Pilot Licence — Helicopter — Privileges
401.34	Airline Transport Pilot Licence — Aeroplane — Privileges
401.53	Second Officer Rating — Privileges
401.62	Flight Instructor Ratings — Aeroplane and Helicopter — Class 4 Supervision Requirement
401.69	Flight Instructor Rating — Aeroplane — Class 4 — Privileges
401.77	Flight Instructor Rating — Helicopter — Class 4 — Privileges
401.83	Flight Instructor Ratings — Glider, Balloon and Gyroplane — Balloons — Privileges
401.89	Flight Instructor Rating — Ultra-light Aeroplane — Period of Validity
Subpart 6	Flight Training Units
406.13	General Conditions of Issuance of a Flight Training Unit Operator Certificate
406.31	Aircraft Registration Requirements

These proposed amendments will incorporate editorial changes to improve the clarity of the regulations; will correct inadvertent omissions and errors; will extend and clarify the privileges attaching to certain permits, licences or ratings, and will make a variety of other revisions which will remove ambiguities and enhance regulatory compliance. Some regulations will be subject to more than one modification. Within this Regulatory Impact Analysis Statement regulations with similar proposed amendments have been grouped, for ease of discussion and reference, under the following four headings: Editorial Changes; Correction of Omissions and Errors; Privileges Attaching to Permits, Licences or Ratings, and Other Proposed Amendments.

Specific

EDITORIAL CHANGES

Proposed amendments to:

CAR 401.08 (Personal Logs),

CAR 401.22 (Pilot Permits — Recreational — Aeroplanes — Privileges),

CAR 406.13 (General Conditions of Issuance of a Flight Training Unit Operator Certificate), and

CAR 406.31 (Aircraft Registration Requirements)

contain only minor editorial changes to improve the clarity of the regulations.

The same proposed editorial amendment to each of:

CAR 401.20 (Pilot Permits — Gyroplanes — Privileges),

CAR 401.22 (Pilot Permits — Recreational — Aeroplanes — Privileges),

CAR 401.23 (Pilot Permits — Recreational — Helicopters — Privileges),

CAR 401.24 (Pilot Licence — Gliders — Privileges),

CAR 401.25 (Pilot Licence — Balloons — Privileges),

CAR 401.26 (Private Pilot Licence — Aeroplanes — Privileges), and

CAR 401.27 (Private Pilot Licence — Helicopters — Privileges)

will replace the phrase, in each regulation, allowing the holder of the relevant permit or licence to act as pilot-in-command or co-pilot of an aircraft for the sole purpose of the holder's flight training or flight test where, in the case of flight training, it is conducted "under the direction and supervision of the holder of a flight instructor rating for that category of aircraft," with a similar phrase referring to the standard which governs instructor qualifications for all flight training. Potential confusion from using different wording, in different CARs, for the same qualifications will be eliminated.

CORRECTION OF OMISSIONS AND ERRORS

The proposed amendments contained in:

CAR 400.01 (Interpretation),

CAR 400.03 (Time Limits),

CAR 400.04 (Rewriting of Examinations),

CAR 400.07 (Change of Address),

CAR 401.13 (Examination Prerequisites),

CAR 401.83 (Flight Instructor Ratings — Glider, Balloon and Gyroplane — Balloons — Privileges), and

CAR 401.89 (Flight Instructor Rating — Ultra-light Aeroplane — Period of Validity)

will introduce items inadvertently omitted from the Canadian Aviation Regulations.

Proposed amendments to CAR 400.01 (Interpretation) will remove the definition of "aerobatic manoeuvre" from Part IV; will add a definition "military" as meaning "Canadian Forces" to clarify the application of various regulations involving this term; will correct the definition of "glider" to exclude hang gliders, and will clarify the meaning of the definition of "ground school instruction." Additional proposed amendments will incorporate definitions of "high performance aeroplane," and "instrument time" which were previously contained in the Personnel Licensing Handbook prior to the implementation of the CARs in October 1996. No changes to these definitions have been made. The deletion of the definition of "aerobatic manoeuvre" from Part IV will eliminate duplication with Part I in which this definition already resides. The change to the definition of "military" will clarify that personnel licensing and training regulations which apply to military experience (for example, the crediting of experience gained during military service toward experience requirements for a Canadian aviation licence or permit) do not apply to non-Canadian military experience unless specifically so stated. The exclusion of hang gliders from the definition of "glider" will ensure that no personnel licensing or training rules apply to hang glider operations. "Ground school instruction" will be revised grammatically to clarify the intended meaning of the term.

CAR 400.03 (Time Limits) establishes a 24-month time period, within which all requirements for issue of a permit or licence or for the endorsement of a permit or licence with a rating must be completed. The proposed modifications of CAR 400.03 (Time Limits) will exempt candidates who have completed Airline Transport Pilot Licence written examinations for issue of a type rating endorsement (if the examination was required for the endorsement, if a mark of 70 percent or higher was attained and if the type rating was issued) or who have written examinations for the issue of the former Senior Commercial Pilot Licence (if a mark of 70 percent or higher was attained and if the Senior Commercial Pilot Licence was issued) from the 24-month requirement for completion of all tests, skill letters and examinations which would otherwise necessitate their rewriting these examinations.

CAR 400.04 (Rewriting of Examinations) deals with the conditions under which a candidate may rewrite a failed examination or a failed section of an examination. The proposed changes to this regulation include an editorial correction to 400.04 (1) adding subsection (6) [a new subsection] to the list of exceptions to the generic restrictions on rewriting examinations contained in subsection (1) and an editorial correction to subsection (2) changing "...Air Regulations..." to "...Aviation Regulations..." The proposed new subsection (6) will provide for the Minister to authorize the shortening of the interval between examination attempts, under extenuating circumstances. If the interval is reduced, confirmation that the person's weak areas have been reviewed shall be required prior to the rewriting.

CAR 400.07 (Change of Address) will introduce into CARs the requirement that a person who holds a personnel permit or licence must notify Transport Canada of any change of permanent address within seven days following the change.

The proposed change to CAR 401.13 (Examination Prerequisites) will require that an applicant for a flight crew permit, licence or rating must be able to read the examination questions and to write the answers in either English or French without assistance.

The amendment to CAR 401.83 (Flight Instructor Ratings — Glider, Balloon and Gyroplane — Balloons — Privileges) will add the privilege of conducting dual flight instruction for the issue of a pilot licence — balloon to the other privileges already enjoyed by the holder of a flight instructor rating — balloon. As well, a proposed editorial revision to 401.83(b) will specify that the flight instructor rating — balloon endorsement being sought would be to a pilot licence — balloon.

The proposed amendment to CAR 401.89 (Flight Instructor Rating — Ultra-light Aeroplane — Period of Validity) will correct an inadvertent error in the CARs. The maximum period of validity for a flight instructor rating — ultra-light aeroplane was intended to be no longer than 61 months. CAR 401.89 incorrectly gave this maximum period as not to exceed 37 months.

PRIVILEGES ATTACHING TO PERMITS, LICENCES OR RATINGS

CAR 401.21 (Pilot Permits — Ultra-light Aeroplanes — Privileges)

The proposed amendment to CAR 401.21 (Pilot Permits — Ultra-light Aeroplanes — Privileges) will extend the privileges of the holder of a pilot permit — ultra-light aeroplanes. At present, the holder of such a permit may act as pilot-in-command during day visual flight rules operations of only an ultra-light aeroplane with no passengers on board. The proposed change will allow the holder of such a permit to also act as pilot-in-command (under the same conditions) of any single engine aeroplane with a maximum take-off weight not exceeding 544 kg (1 200 lbs) and with a stall speed in the landing configuration of not more than 39 kts. A holder of an ultra-light pilot permit will also be allowed to operate either an ultra-light aeroplane or an aeroplane as described above with another person, who also holds a valid pilot document (other than a student pilot permit), allowing them to act as pilot-in-command of an ultra-light aeroplane, on board. This revision will fulfill a commitment, made at the time of the implementation of the Canadian Aviation Regulations, to amend CARs to incorporate the policy, in place then, with respect to the privileges enjoyed by the holder of a Pilot Permit — Ultra-light Aeroplane. It is now proposed to amend CAR 401.21 to formalize this policy as a regulation.

CAR 401.30 (Commercial Pilot Licence — Aeroplanes — Privileges) and CAR 401.31 (Commercial Pilot Licence — Helicopters — Privileges)

Amendments to CAR 401.30 (Commercial Pilot Licence — Aeroplanes — Privileges) and to CAR 401.31 (Commercial Pilot Licence — Helicopters — Privileges) will make explicit that a holder of a commercial pilot licence may conduct flight instruction, when qualified to do so, without further licensing requirements. This is consistent with CAR 401.61 (Flight Instructor Ratings — Aeroplane and Helicopter — Rating) in which an applicant for a flight instructor rating for either aeroplane or helicopter must hold a valid commercial pilot licence. Current industry practice and regulatory requirements enforced prior to the introduction of the Canadian Aviation Regulations in October 1996 reflect this privilege of holders of commercial pilot licences.

CAR 401.34 (Airline Transport Pilot Licence — Aeroplanes — Privileges)

The proposed amendment to CAR 401.34 (Airline Transport Pilot Licence — Aeroplanes — Privileges) will require the holder of an airline transport pilot licence (ATPL) to also hold a Group I Instrument Rating while exercising the privileges specific to the airline transport pilot licence. This amendment will rectify an unintended oversight whereby the requirement for the licence to be endorsed for instrument flight, for the purpose of providing a commercial air service, previously in Air Navigation Order (ANO) IV, No. 2 (Flight Crew Member Licences Privileges Order), was omitted from the CARs. An airline transport pilot licence is the most senior pilot licence. The holder of such a licence is entitled to exercise the privileges of the less senior private and commercial pilot licences as well as specific privileges unique to the airline transport licence. The privileges unique to the ATPL are, while engaged in providing a commercial air service by means of an aeroplane of a class and type in respect of which the licence is endorsed with ratings, to act as pilot-in-command of the aeroplane, where the aircraft certification requires a minimum flight crew of two pilots and to act as co-pilot of the aeroplane. This proposed amendment will specify that these unique ATPL privileges may only be exercised when the licence is endorsed with a Group I Instrument Rating.

CAR 401.53 (Second Officer Rating — Privileges)

CAR 401.53 (Second Officer Rating — Privileges) will be amended to grant the holder of a second officer rating the privilege of acting as a flight engineer in any aeroplane of a type to which the rating applies. This proposed amendment will acknowledge the commonality between the requirements for the flight engineer licence and the second officer rating and between the duties of the two positions. Personnel Licensing and Training Standard 421.37 (Flight Engineer Licence — Requirements) which details the requirements for the issue of a Flight Engineer Licence states "The holder of a Commercial or higher licence with a Second Officer rating for the applicable aircraft type shall be deemed to have met the knowledge, experience and skill requirements provided the applicant: (a) is, or has been within the three months preceding the date of application, assigned as a second officer, and (b) has, within the 12 months preceding the date of application acquired a minimum of 50 hours flight time in the performance of the duties of a flight engineer." The proposed change to CAR 401.53 supports the acceptance of the second officer's training and experience implied in Standard 421.37 by extending the privilege of acting as a flight engineer to the holder of a Second Officer Rating for the applicable aircraft type.

CAR 401.69 (Flight Instructor Rating — Aeroplane — Class 4 — Privileges) and CAR 401.77 (Flight Instructor Rating — Helicopter — Class 4 — Privileges)

Amendments to CAR 401.69 (Flight Instructor Rating — Aeroplane — Class 4 — Privileges) and to CAR 401.77 (Flight Instructor Rating — Helicopter — Class 4 — Privileges) will extend the privileges of conducting dual flight instruction for issue of a pilot permit — recreational or the endorsement of a VFR OTT (VFR Over the Top) rating in either aeroplanes (CAR 401.69) or helicopters (CAR 401.77) to the holder of a Class 4 Flight Instructor Rating. They will also allow a class 4 flight instructor to recommend a trainee for a flight test for a pilot permit — recreational or for the endorsement of the trainee's licence with a VFR OTT rating. These privileges for class 4 flight instructors were inadvertently omitted from the Canadian Aviation Regulations when the new pilot permit — recreational and the new endorsement for VFR OTT were introduced.

OTHER PROPOSED AMENDMENTS

CAR 401.05 (Recency Requirements)

A change to CAR 401.05 will specify that the recency requirements for the holder of a balloon licence to exercise the privileges of the licence require the necessary landings and take-offs to be undertaken in a balloon. Changes will also impose different recency requirements for the holder of a balloon licence if the flight is conducted by day from those which must be met if the flight is conducted partly by night. In both situations the licence holder, to exercise the privileges of the licence, must have successfully completed, within the six months preceding the flight, at least five landings in a balloon by day. However, if the flight is conducted partly by night, the holder must have successfully completed at least five take-offs in a balloon by night within the previous six months. If the flight is conducted wholly by day, the five successful take-offs required may have taken place either by day or by night.

In addition, amendments are proposed in CAR 401.05 (Recency Requirements) to the currency provisions which must be met by the holder of an instrument rating before exercising the privileges of that rating. In two places the wording "...simulated weather conditions..." will be changed to "...actual or simulated instrument meteorological conditions...." This will remove any potential ambiguity from this regulation. "Instrument meteorological conditions" are defined in CAR 101.01 (Interpretation).

An additional proposed amendment to CAR 401.05 (3)(b) will add a flight training device under the supervision of a qualified person as one alternative possibility which a holder of an instrument rating may use to maintain recency of experience with instrument meteorological conditions. A flight training device is required under CAR 606.03 (Synthetic Flight Training Equipment) to have in force a flight training device certificate issued under that regulation and to meet the standard set out in the Aeroplane and Rotor Simulator Manual. Such a certificated flight training device is capable of providing an environment within which the holder of an instrument rating can maintain the skills necessary for the privileges of that rating at the level required to be demonstrated for successful completion of an instrument flight test.

As well, a proposed amendment will allow the holder of an instrument rating to exercise the privileges of the rating if the holder has successfully completed a pilot proficiency check (PPC), as provided in Part VI (General Operating and Flight Rules) or Part VII (Commercial Air Services), which included the instrument procedures portion of the PPC schedule and if the PPC is still valid.

CAR 401.07 (Validation of Foreign Licences)

The proposed amendment to CAR 401.07 (Validation of Foreign Licences) will prevent an applicant for a foreign licence validation certificate from being a permanent resident of Canada. At present, the holder of a foreign flight crew licence issued by a contracting state (a signatory of the Convention establishing the International Civil Aviation Organization as signed in Chicago in 1944 and amended from time to time), other than Canada, must satisfy only the applicable requirements in the Canadian personnel licensing standards upon applying for a foreign licence validation certificate. This amendment will add the prohibition that the applicant may not permanently reside in Canada. The change will emphasize the transitory nature of the foreign licence validation certificate. Personnel Licensing and Training Standard 421.07 (Validation of Foreign Licences) limits the maximum duration for which such a certificate may be valid to one year from the date of issue. This standard also sets forth the list of purposes for which such a certificate may be issued. While the issuance of the foreign licence validation certificate accepts the standards of training and operations within the original licensing country, these restrictions upon the duration and purposes of such a certificate minimize the exposure of Canadian operators and the Canadian licensing system to potentially less stringent standards.

CAR 401.15 (Conduct of a Flight Test)

The proposed amendment to CAR 401.15 (Conduct of a Flight Test) will direct both an applicant for a licence, endorsement or permit requiring a flight test and a flight test examiner to the personnel licensing standard in accordance with which the person conducting the flight test must be qualified unless the Minister has designated the individual to conduct the flight test. This amendment does not introduce a new standard but simply clarifies the reference to the existing standard.

A further proposed amendment to CAR 401.15 (Conduct of a Flight Test) will add a requirement that the aircraft used for the flight test must meet the same requirements as those for a training aircraft for the applicable permit, licence or rating under Personnel Licensing and Training Standard 425.23 (Training Aircraft Requirements). Prior to introduction of the CARs the Personnel Licensing Handbook contained a requirement that the level of skill of the applicant necessary to qualify for the issue of each licence, permit or rating be demonstrated in flight and on the ground in accordance with the procedures and manoeuvres set forth in the appropriate flight test guide. This requirement implied the need to undertake a flight test in an aircraft equipped to demonstrate the required abilities and manoeuvres. However, no statement was made defining the airworthiness status nor the equipment for a flight test aircraft although such a statement was made with respect to aircraft used for flight instruction. This proposed amendment to CAR 401.15 will remedy that longstanding omission. The regulations will now state that an aircraft to be used for a flight test must meet the same requirements as any training aircraft which may be used for the permit, licence or rating with respect to which the test is being undertaken. These requirements exist in standard 425.23 (Training Aircraft Requirements).

CAR 401.62 (Flight Instructor Ratings — Aeroplane and Helicopter — Class 4 Supervision Requirement)

The proposed amendment to CAR 401.62 (Flight Instructor Ratings — Aeroplane and Helicopter — Class 4 Supervision Requirement) will clarify an unintended ambiguity in the present regulation. At present, the regulation requires the holder of a Class 4 instructor rating to exercise the privileges of that rating only when employed as an instructor for a flight training unit. However, the regulation does not prevent the instructor from providing flight instruction outside his or her hours of employment by that flight training unit; that is, theoretically, the instructor could work part of the day at the flight training unit and operate elsewhere, as a freelance instructor, when not on duty at his or her employing flight training unit. The amendment to CAR 401.62 will state that the holder of a Class 4 instructor rating may exercise the privileges of the rating only when conducting training in accordance with a flight training unit operator certificate.

Alternatives

In making editorial revisions, rectifying inadvertent omissions or errors or clarifying privileges attaching to licences, permits and ratings, no alternative to regulatory change is available. Similarly, the amendments proposed to CAR 401.05 (Recency Requirements), CAR 401.07 (Validation of Foreign Licences), CAR 401.15 (Conduct of a Flight Test) and CAR 401.62 (Flight Instructor Ratings — Aeroplane and Helicopter — Class 4 Supervision Requirement) are not achievable by non-regulatory means. Consequently, no alternative to regulatory action has been considered for the proposed amendments in these Regulations Amending the Canadian Aviation Regulations (Part IV) —Personnel Licensing and Training.

Benefits and Costs

Throughout the development of the aviation regulations and standards, Transport Canada applies risk management concepts. Where there are risk implications the analysis of these proposed Regulations has concluded that the imputed risk is acceptable in light of the expected benefits.

EDITORIAL CHANGES

The proposed editorial changes to ten regulations:

CAR 401.08 (Personal Logs),

CAR 401.20 (Pilot Permits — Gyroplanes — Privileges),

CAR 401.22 (Pilot Permits — Recreational — Aeroplanes — Privileges),

CAR 401.23 (Pilot Permits — Recreational — Helicopters — Privileges),

CAR 401.24 (Pilot Licence — Gliders — Privileges),

CAR 401.25 (Pilot Licence — Balloons — Privileges),

CAR 401.26 (Private Pilot Licence — Aeroplanes — Privileges),

CAR 401.27 (Private Pilot Licence — Helicopters — Privileges),

CAR 406.13 (General Conditions of Issuance of a Flight Training Unit Operator Certificate), and

CAR 406.31 (Aircraft Registration Requirements)

will impose no cost and will improve industry's ability to comply with the safety regulations. Since current regulatory and industry practices and the intent of these CARs will remain unchanged by the proposed amendments, they will have a neutral benefit-cost impact.

CORRECTION OF OMISSIONS AND ERRORS

The proposed amendments contained in:

CAR 400.03 (Time Limits),

CAR 400.04 (Rewriting of Examinations),

CAR 400.07 (Change of Address),

CAR 401.13 (Examination Prerequisites),

CAR 401.83 (Flight Instructor Ratings — Glider, Balloon and Gyroplane — Balloons — Privileges), and

CAR 401.89 (Flight Instructor Rating — Ultra-light Aeroplane — Period of Validity)

will return the Canadian aviation industry to the regulatory environment prior to the introduction of the Canadian Aviation Regulations and also will conform to current industry practices. They contain no benefit-cost implications.

CAR 400.01 (Interpretation)

Proposed amendments to CAR 400.01 (Interpretation) removing the definition of "aerobatic manoeuvre" from Part IV, adding a definition for "military," excluding hang gliders from the definition of "glider" and clarifying the meaning of "ground school instruction" will impose no new costs upon the Canadian aviation industry.

The amendment removing the definition of "aerobatic manoeuvre" from Part IV will eliminate duplication since this definition will remain in Part I of the CARs. There will be no benefit-cost consequences of this change.

Applicants for Canadian licences or permits who propose to use Canadian military experience and training to satisfy some of the requirements for these documents will continue to be able to do so. Applicants with military experience from other countries will be required to meet the same standards as applicants without a Canadian military background, i.e. the same standards as civilian Canadian applicants. This will ensure consistency of knowledge and training levels of applicants who have accumulated aviation experience in a non-Canadian regulatory and operational environment, with those levels of knowledge and training attained in a Canadian environment. The current level of aviation safety in Canada will, thus, suffer no ill effects since a non-Canadian trained applicant will be restricted in using experience or training acquired in a non-Canadian environment to satisfy the requirements of a Canadian licence, permit or rating.

At present, personnel licensing and training regulations are not interpreted to apply to operators of hang gliders. The clarification of this interpretation by means of the amendment to the definition of "glider" will maintain existing benefits granted to operators of hang gliders in their current freedom from regulatory burdens without imposing new costs in terms of a degradation of aviation safety upon the Canadian economy.

The amendments to the definition of "ground school instruction" will clarify the application of the regulations and improve the efficiency of the regulatory environment. None of these proposed changes to CAR 400.01 have a significant benefit-cost implication.

The remaining amendments to CAR 400.01 (Interpretation) to add the definitions for "high performance aeroplane" and "instrument time" will correct unintentional omissions with no net benefit-cost impact.

PRIVILEGES ATTACHING TO PERMITS, LICENCES OR RATINGS

The proposed amendment to CAR 401.21 (Pilot Permits — Ultra-light Aeroplanes — Privileges) entails no change to existing policy and, therefore, has no benefit-cost impact.

Since no change to current industry practice will be required by the clarification to licensing privileges contained in the proposed amendments to CAR 401.30 (Commercial Pilot Licence — Aeroplanes — Privileges) and to CAR 401.31 (Commercial Pilot Licence — Helicopters — Privileges), these revisions will have neutral benefit-cost impact.

CAR 401.34 (Airline Transport Pilot Licence — Aeroplanes — Privileges)

The proposed amendment to CAR 401.34 (Airline Transport Pilot Licence — Aeroplanes — Privileges) will have a minor but positive benefit-cost impact upon the aviation industry. The privileges unique to the ATPL are, while engaged in providing a commercial air service by means of an aeroplane of a class and type in respect of which the licence is endorsed with ratings, to act as pilot-in-command of the aeroplane, where the aircraft certification requires a flight crew of two or more pilots and to act as co-pilot of the aeroplane. In practice, aeroplanes requiring a minimum flight crew of two pilots are primarily passenger-carrying, heavy jet aircraft, although large cargo-carrying jet aircraft and some non-jet aircraft also have such a requirement. Essentially, the effect of this regulation is to limit the employment, in the position of pilot-in-command for larger aircraft operating in highly structured environments, to holders of an ATPL with Group I Instrument Rating. The ATPL is the most senior pilot licence. To qualify, a candidate must have extensive experience and must demonstrate a high level of skill and knowledge. A Group I Instrument Rating requires the holder to demonstrate the ability to operate an aircraft, by using only aircraft instruments and radio navigation for handling and positional information, consistently within rigorously defined parameters. Thus, the more senior pilots with more extensive experience will continue to command the larger, faster aircraft in the complex structure of the commercial aviation environment. The safety of the Canadian civil aviation system will be maintained by reserving such employment for such highly qualified individuals. The cost to the economy is the foregone return from employing individuals, capable of such complex operations, as pilots rather than in their next best opportunity. Since it is a matter of individual choice to become a pilot, it can be assumed the next best opportunity is less valuable in both pecuniary and non-pecuniary terms than a pilot's career. For the employer the additional cost of hiring a highly qualified airline transport pilot licence holder with valid Group I Instrument Rating is balanced by the additional efficiency and safety brought to the operation by such an individual. This proposed amendment, supporting the existing current practices in the industry, will impose no new costs and will ensure the continuation of current safety levels.

CAR 401.53 (Second Officer Rating — Privileges)

CAR 401.53 (Second Officer Rating — Privileges) will be amended to grant the holder of a second officer rating the privilege of acting as a flight engineer in any aeroplane of a type to which the rating applies. The second officer/flight engineer position is a third flight crew member position required only on large aircraft which are operated under Subpart 705 (Airline Operations) or Subpart 604 (Private Operator Passenger Transportation). The regulations in these subparts relating to second officer or flight engineer qualifications treat the positions as interchangeable. New aircraft designs are no longer being certificated to require three flight crew members and the number of aircraft in the Canadian civil aviation fleet which must be operated with three flight crew members is steadily decreasing. This proposed amendment recognizes current industry and regulatory practices for a small and diminishing number of positions. Minimal benefit-cost consequences will follow from this amendment.

CAR 401.69 (Flight Instructor Rating — Aeroplane — Class 4 — Privileges) and CAR 401.77 (Flight Instructor Rating — Helicopter — Class 4 — Privileges)

By allowing Class 4 flight instructors to conduct training for issue of a pilot permit — recreational or for the endorsement of a VFR OTT rating and to recommend the issue of these documents, the proposed amendments to CAR 401.69 (Flight Instructor Rating — Aeroplane — Class 4 — Privileges) and to CAR 401.77 (Flight Instructor Rating — Helicopter — Class 4 — Privileges) will reduce the cost of attaining the necessary qualifications for these two documents. Class 4 flight instructors, although inexperienced, are qualified instructors. They are only permitted to exercise the privileges of their instructor ratings when employed as a flight instructor by a flight training unit and when under the supervision of the supervising flight instructor of that unit. Extending these privileges to Class 4 flight instructors will not reduce aviation safety. No significant changes to benefits or costs are anticipated from these amendments.

OTHER PROPOSED AMENDMENTS

CAR 401.05 (Recency Requirements)

The proposed amendments to CAR 401.05 requiring the holder of a balloon pilot licence to conduct landings and take-offs, to maintain the licence validity, in a balloon and requiring at least five take-offs in a balloon by night for balloon flights conducted partly by night will return the Canadian aviation industry to the regulatory environment in effect prior to the introduction of the Canadian Aviation Regulations and will conform to current industry practices. They contain no benefit-cost implications.

Amendments proposed in CAR 401.05 (Recency Requirements) to the currency provisions, which must be met by the holder of an instrument rating before exercising the privileges of that rating, will add a flight training device to the alternative methods which the holder of an instrument rating may use to maintain the necessary recency of experience. The inclusion of a flight training device as an additional option to satisfy recency requirements for the holders of instrument flight ratings will reduce the demand for technologically more sophisticated simulators of the same category as the aircraft. The cost of maintaining currency for an instrument flight rating will be reduced. Because of the capabilities of a flight training device in creating an environment within which instrument flying skills and procedures can be demonstrated and reinforced without compromising the standard of skill which must be retained for safe instrument flight, no reduction in aviation safety is anticipated from this change. This proposed change is expected to have a positive benefit-cost effect.

The proposed inclusion of successful completion of a pilot proficiency check (PPC) conducted under the provisions of Part VI (General Operating and Flight Rules) or Part VII (Commercial Air Services), so long as the PPC included the instrument procedures portion of the PPC schedule and is still valid, acknowledges the duplication of the requirements for demonstration of instrument procedures during the PPC with the recency requirements for an instrument rating. No benefit-cost implications are contained in this proposed amendment.

CAR 401.07 (Validation of Foreign Licences)

The proposed amendment to CAR 401.07 (Validation of Foreign Licences) will prohibit a permanent resident of Canada from applying for a foreign licence validation certificate. This restriction will support the limited duration and use to which such a certificate can be put. The protection of the safety of the Canadian aviation system from the effect of possibly less rigorous standards applied in pilot licensing elsewhere, which could dilute the worth of a Canadian document if foreign licences were validated in Canada without limit or restriction, will be maintained. No significant benefit-cost consequences are expected from this proposed amendment.

CAR 401.15 (Conduct of a Flight Test)

One proposed amendment to CAR 401.15 (Conduct of a Flight Test) will direct both an applicant for a licence or permit requiring a flight test and a flight test examiner to the personnel licensing standard in accordance with which the individual conducting the test shall be qualified unless the Minister has designated an individual to conduct the flight test. There are no benefit-cost implications from this clarification.

The other proposed amendment to CAR 401.15 (Conduct of a Flight Test) will add a requirement that the aircraft used for the flight test must meet the same requirements as applied to an aircraft used in training for the applicable permit, licence or rating under CAR 425.23 (Training Aircraft Requirements). In practice, the aircraft which the applicant proposes to use for the flight test must be equipped to permit the applicant to demonstrate the necessary skill level. It must also meet the necessary standards of airworthiness. Adherence to these conditions is to the applicant's advantage in providing conditions under which it is possible to demonstrate the necessary ability and skill and to successfully complete the flight test. This proposed amendment is expected neither to impose an additional cost nor to provide significant additional benefit.

CAR 401.62 (Flight Instructor Ratings — Aeroplane and Helicopter — Class 4 Supervision Requirement)

The proposed amendment to CAR 401.62 (Flight Instructor Ratings — Aeroplane and Helicopter — Class 4 Supervision Requirement) will clarify an unintended ambiguity in the present regulation which could be used to permit a Class 4 instructor to offer flight training away from the flight training unit which employs and supervises that instructor. Although this amendment may, to some extent, limit earning possibilities for Class 4 instructors this disadvantage is deemed to be justified in view of the protection it affords aviation safety. A Class 4 instructor, although qualified to provide flight training, is relatively inexperienced in such a role. To prevent misapprehensions that could lead to unsafe operations, either in the training process, or in the student's subsequent aviation history after gaining the desired document, it is wisest for the Class 4 instructor to be carefully monitored while gaining flight training experience. This amendment will ensure that such monitoring is not bypassed at any time. Thus, the benefit-cost implications are positive for this proposed amendment.

BENEFIT-COST SUMMARY

In summary, these proposed Regulations Amending the Canadian Aviation Regulations (Part IV) — Personnel Licensing and Training have limited benefit-cost implications for the Canadian economy and for the Canadian aviation industry. In the cases of CAR 401.05 (Recency Requirements), CAR 401.34 (Airline Transport Pilot Licence — Aeroplane — Privileges), and CAR 401.62 (Flight Instructor Ratings — Aeroplane and Helicopter — Class 4 Supervision Requirement) any resulting impact will maintain or enhance the existing safe civil aviation environment, thus, providing a net benefit.

Consultation

These proposed amendments to the regulations have been consulted with members of the Canadian Aviation Regulation Advisory Council (CARAC). The actively participating members of the Personnel Licensing and Training Committee of CARAC include the Aero Club of Canada, Air Canada, the Air Operations Group Association, AOPA Canada, the Air Transport Association of Canada, the Association québécoise des transporteurs aériens inc., CAE Electronics Ltd., the Canadian Air Line Pilots Association, the Canadian Association of Aviation Colleges, Canadian Airlines International Ltd., the Canadian Balloon Association, the Canadian Business Aircraft Association, the Canadian Owners and Pilots Association, the Canadian Air Traffic Controllers Association, the Experimental Aircraft Association — Canadian Council, the Recreational Aircraft Association Canada, the Soaring Association of Canada, the Teamsters and the Ultralight Pilots Association of Canada. The Personnel Licensing and Training Committee has reviewed these proposed amendments to Part IV of the CARs at meetings in March, June and October of 1997. The Committee recommended the adoption of these amendments.

Compliance and Enforcement

These regulations will generally be enforced through the assessment of monetary penalties imposed under sections 7.6 to 8.2 of the Aeronautics Act or through suspension or cancellation of a Canadian aviation document.

Contact

The Chief, Regulatory Affairs, AARBH, Transport Canada Safety and Security, Place de Ville, Tower C, Ottawa, Ontario K1A 0N8, (613) 993-7284 or 1-800-305-2059 (Telephone, general inquiries), (613) 990-1198 (Facsimile), www.tc.gc.ca (Internet).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to section 4.9(see footnote a) of the Aeronautics Act, proposes to make the annexed Regulations Amending the Canadian Aviation Regulations (Part IV).

Interested persons may make representations with respect to the proposed Regulations to the Minister of Transport within 30 days after the date of publication of this notice. All such representations should cite the Canada Gazette, Part I, and the date of publication of this notice. Each representation must be in writing and be sent to the Chief, Regulatory Affairs (AARBH), Civil Aviation, Safety and Security Group, Transport Canada, Place de Ville, Tower C, Ottawa, Ontario K1A 0N8. (General inquiries - tel.: (613) 993-7284 or 1-800-305-2059; fax: (613) 990-1198; Internet address: http://www.tc.gc.ca)

Each representation should stipulate those parts of it that should not be disclosed pursuant to the Access to Information Act and, in particular, pursuant to sections 19 and 20 of that Act, the reason why those parts should not be disclosed and the period during which they should remain undisclosed. The representation should also stipulate those parts of it for which there is no objection to disclosure pursuant to the Access to Information Act.

Ottawa, November 25, 1999

MARC O'SULLIVAN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE CANADIAN AVIATION REGULATIONS (PART IV)

AMENDMENTS

1. (1) The definition "aerobatic manoeuvre" in subsection 400.01(1) of the Canadian Aviation Regulations(see footnote 1) is repealed.

(2) The definitions "glider" and "ground school instruction" in subsection 400.01(1) of the Regulations are replaced by the following:

"glider" includes a single-seat, power-driven glider but does not include a hang glider; (planeur)

"ground school instruction" means classroom-type instruction generally given to one or more persons and covering an organized program of lectures, homework or self-paced study that adheres to an approved training program; (instruction théorique au sol)

(3) Subsection 400.01(1) of the Regulations is amended by adding the following in alphabetical order:

"high-performance aeroplane", with respect to a rating, means

(a) an aeroplane that is specified in the minimum flight crew document as requiring only one pilot and that has a maximum speed (V_ne) of 250 KIAS or greater or a stall speed (V_so) of 80 KIAS or greater; or

(b) an amateur-built aeroplane that has a wing loading greater than that specified in section 549.103 of the Airworthiness Manual; (avion à hautes performances)

"instrument time" means

(a) instrument ground time,

(b) actual instrument flight time, or

(c) simulated instrument flight time; (temps aux instruments)

(4) Section 400.01 of the Regulations is amended by adding the following after subsection (2):

(3) Any reference in this Part to "military" is a reference to the Canadian Forces.

2. Section 400.03 of the Regulations is replaced by the following:

400.03 (1) Tests, skill letters and examinations, including all sections of a sectionalized examination, that are required for the issuance of a permit or licence or for the endorsement of a permit or licence with a rating shall be completed during the 24-month period preceding the date of application for the permit, licence or rating.

(2) Subsection (1) does not apply in respect of examinations that are required for the issuance of

(a) a student pilot permit; or

(b) an airline transport pilot licence if examinations were previously written

3. (1) The portion of subsection 400.04(1) of the Regulations before paragraph (a) is replaced by the following:

400.04 (1) Subject to subsections (2) and (6), a person who fails an examination or a section of a sectionalized examination required for the issuance of a flight crew permit, licence, rating or foreign licence validation certificate is ineligible to rewrite the examination or the failed section for a period of

(2) Subsection 400.04(2) of the English version of the Regulations is replaced by the following:

(2) A person who fails the Student Pilot Permit or Private Pilot Licence for Foreign and Military Applicants, Aviation Regulations (PSTAR) examination is eligible to rewrite the examination at any time after the person has received notice of the failure and has reviewed their weak knowledge areas.

(3) Section 400.04 of the Regulations is amended by adding the following after subsection (5):

(6) If a person submits a request to the Minister to shorten the period between examination attempts, the Minister shall grant the request on receipt of confirmation that the person has reviewed their weak knowledge areas.

4. The reference "[400.06 to 400.08 reserved]" after section 400.05 of the Regulations is replaced by the following:

DIVISION IV — [RESERVED]

[400.06 reserved]

DIVISION V — CHANGE OF INFORMATION

Change of Address

400.07 The holder of a permit or licence shall notify the Department of Transport of any change of permanent address within seven days after the change.

[400.08 reserved]

5. (1) Subparagraph 401.05(2)(b)(iii) of the Regulations is replaced by the following:

(2) Paragraphs 401.05(3)(b) and (c) of the Regulations are replaced by the following:

(b) within the six months preceding the flight, acquired six hours of instrument time and completed six instrument approaches to the minima specified in the Canada Air Pilot in an aircraft, in actual or simulated instrument meteorological conditions, or in a Level B, C or D simulator of the same category as the aircraft or in a flight training device under the supervision of a person who holds the qualifications referred to in subsection 425.21(9) of the personnel licensing standards;

(c) within the six months preceding the flight, acquired six hours of instrument time and completed six instrument approaches to the minima specified in the Canada Air Pilot in an aircraft, in actual or simulated instrument meteorological conditions, while acting as a flight instructor conducting training in respect of the endorsement of a flight crew licence or permit with an instrument rating; or

(d) successfully completed, for an aircraft, a pilot proficiency check whose validity period has not expired and which included the instrument procedures portion of

6. Subsection 401.07(1) of the Regulations is replaced by the following:

401.07 (1) Subject to section 6.71 of the Act, if the holder of a foreign flight crew licence issued by a contracting state other than Canada meets the applicable requirements set out in the personnel licensing standards and is not a permanent resident of Canada, the Minister shall, on receipt of an application submitted in the form and manner set out in those standards, issue a foreign licence validation certificate.

7. Paragraph 401.08(1)(a) of the Regulations is replaced by the following:

(a) experience acquired in respect of the issuance of the flight crew permit, licence or rating; and

8. Section 401.13 of the Regulations is renumbered as subsection 401.13(1) and is amended by adding the following:

(2) The applicant for a flight crew permit, licence or rating must be sufficiently competent in one of the official languages to be able to read the examination questions and to write the answers without assistance.

9. Section 401.15 of the Regulations is replaced by the following:

401.15 (1) No person shall conduct a flight test required for the issuance or renewal of a flight crew permit or licence or for the endorsement of a flight crew permit or licence with a rating unless

(a) the person is qualified in accordance with the personnel licensing standards, or is designated by the Minister, to conduct the flight test;

(b) the flight test is conducted in accordance with the personnel licensing standards and the flight test standard that are appropriate to the permit, licence or endorsement being sought; and

(c) the aircraft used for the flight test meets the same requirements as those applicable to a training aircraft under section 425.23 of the personnel licensing standards.

(2) The Minister shall maintain a record, in accordance with the personnel licensing standards, of each flight test required for the issuance or renewal of a flight crew permit or licence for an aeroplane or helicopter or for the endorsement of such a permit or licence with a rating.

10. Clause 401.20(b)(i)(A) of the Regulations is replaced by the following:

11. Section 401.21 of the Regulations is replaced by the following:

401.21 The holder of a pilot permit — ultra-light aeroplane may, under day VFR,

(a) act as pilot-in-command of

(b) act as pilot-in-command of an aeroplane referred to in paragraph (a) with another person on board if the other person is the holder of a pilot licence or permit, other than a student pilot permit, that allows the other person to act as pilot-in-command of an ultra-light aeroplane.

12. (1) Subparagraph 401.22(a)(i) of the Regulations is replaced by the following:

(2) Clause 401.22(c)(i)(A) of the Regulations is replaced by the following:

13. Clause 401.23(b)(i)(A) of the Regulations is replaced by the following:

14. Clause 401.24(c)(i)(A) of the Regulations is replaced by the following:

15. Clause 401.25(b)(i)(A) of the Regulations is replaced by the following:

16. Clause 401.26(c)(i)(A) of the Regulations is replaced by the following:

17. Clause 401.27(b)(i)(A) of the Regulations is replaced by the following:

18. (1) Subsection 401.30(1) of the English version of the Regulations is amended by striking out the word "and" at the end of paragraph (b) and by replacing paragraph (c) with the following:

(c) while engaged in providing a commercial air service by means of an aeroplane of a class and type in respect of which the licence is endorsed with ratings, act as

(2) Subsection 401.30(1) of the Regulations is amended by adding the following after paragraph (c):

(d) if qualified as a flight instructor under section 425.21 of the personnel licensing standards, conduct flight instruction.

19. (1) Subsection 401.31(1) of the English version of the Regulations is amended by striking out the word "and" at the end of paragraph (a) and by replacing paragraph (b) with the following:

(b) while engaged in providing a commercial air service by means of a helicopter of a type in respect of which the licence is endorsed with ratings, act as

(2) Subsection 401.31(1) of the Regulations is amended by adding the following after paragraph (b):

(c) if qualified as a flight instructor under section 425.21 of the personnel licensing standards, conduct flight instruction.

20. Section 401.34 of the Regulations is replaced by the following:

401.34 (1) Subject to subsection (2), the holder of an airline transport pilot licence — aeroplane may exercise the privileges of a private pilot licence — aeroplane and a commercial pilot licence — aeroplane.

(2) The holder of an airline transport pilot licence — aeroplane endorsed with a Group 1 instrument rating may, while engaged in providing a commercial air service by means of an aeroplane of a class and type in respect of which the licence is endorsed with a rating, act as

(a) pilot-in-command of the aeroplane, if the minimum flight crew document for that aeroplane specifies a minimum flight crew of two pilots, or

(b) co-pilot of the aeroplane.

21. Subsection 401.53(1) of the Regulations is amended by striking out the word "and" at the end of paragraph (b), by adding the word "and" at the end of paragraph (c) and by adding the following after paragraph (c):

(d) act as a flight engineer in an aeroplane of a type to which the rating applies.

22. The portion of section 401.62 of the Regulations before paragraph (b) is replaced by the following:

401.62 Subject to paragraph 401.69(e), no holder of a Class 4 flight instructor rating — aeroplane or a Class 4 flight instructor rating — helicopter shall exercise the privileges accorded by that rating unless the holder

(a) is conducting the training in accordance with a flight training unit operator certificate; and

23. Section 401.69 of the Regulations is replaced by the following:

401.69 The holder of a Class 4 flight instructor rating — aeroplane may

(a) conduct dual flight instruction in respect of the issuance of a pilot permit — recreational — aeroplane or pilot licence — aeroplane or the endorsement of a night rating or a VFR OTT rating on a pilot licence — aeroplane;

(b) authorize a trainee to conduct solo flight in an aeroplane;

(c) recommend a trainee for a flight test in respect of the issuance of a pilot permit — recreational — aeroplane or pilot licence — aeroplane;

(d) recommend a trainee for the endorsement of a night rating or a VFR OTT rating on the trainee's pilot licence — aeroplane; and

(e) exercise the privileges of a flight instructor rating — ultra-light aeroplane without being under the supervision prescribed in paragraph 401.62(b).

24. Paragraphs 401.77(a) to (d) of the Regulations are replaced by the following:

(a) conduct dual flight instruction in respect of the issuance of a pilot permit — recreational — helicopter or pilot licence — helicopter or the endorsement of a night rating or a VFR OTT rating on a pilot licence — helicopter;

(b) authorize a trainee to conduct solo flight in a helicopter;

(c) recommend a trainee for a flight test in respect of the issuance of a pilot permit — recreational — helicopter or pilot licence — helicopter; and

(d) recommend a trainee for the endorsement of a night rating or a VFR OTT rating on the trainee's pilot licence — helicopter.

25. (1) Paragraph 401.83(b) of the Regulations is replaced by the following:

(b) conduct ground school instruction and dual flight instruction in respect of the endorsement of a pilot licence — balloon with a flight instructor rating — balloon;

(2) Section 401.83 of the Regulations is amended by striking out the word "and" at the end of paragraph (e), by adding the word "and" at the end of paragraph (f) and by adding the following after paragraph (f):

(g) conduct dual flight instruction in respect of the issuance of a pilot licence — balloon.

26. Section 401.89 of the Regulations is replaced by the following:

401.89 A flight instructor rating — ultra-light aeroplane is valid for the period specified on the licence in accordance with the personnel licensing standards, if the period does not exceed 61 months.

27. Paragraph 406.13(d) of the Regulations is replaced by the following:

(d) the flight training unit shall maintain its aircraft in accordance with the maintenance requirements of Subpart 71 of Part V, Subpart 5 of Part VI and Division IV of this Subpart;

28. Paragraph 406.31(a) of the Regulations is replaced by the following:

(a) the aircraft is registered in Canada under Division II of Subpart 2 of Part II or in another contracting state;

COMING INTO FORCE

29. These Regulations come into force on the day on which they are registered.

[49-1-o]

Footnote a

S.C. 1992, c. 4, s. 7

Footnote 1

SOR/96-433

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