Vol. 144, No. 4 — February 17, 2010

Registration

SOR/2010-26 February 2, 2010

AERONAUTICS ACT

Regulations Amending the Canadian Aviation Regulations (Parts I and IV)

P.C. 2010-108 February 2, 2010

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to sections 4.71 (see footnote a) and 4.9 (see footnote b) of the Aeronautics Act (see footnote c), hereby makes the annexed Regulations Amending the Canadian Aviation Regulations (Parts I and IV).

REGULATIONS AMENDING THE CANADIAN AVIATION REGULATIONS (PARTS I AND IV)

AMENDMENTS

1. The reference “Section 404.03” in column I of Subpart 4 of Part IV of Schedule II to Subpart 3 of Part I of the Canadian Aviation Regulations (see footnote 1) is replaced by the following:

Column I Designated Provision
Subsection 404.03(1)

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

“aviation document booklet” means a booklet issued by the Minister in which certain documents issued under this Part can be affixed. (carnet de documents d’aviation)

“booklet label” means a label that is intended to be affixed in an aviation document booklet. (étiquette de carnet)

3. Subsection 401.03(1) of the Regulations is replaced by the following:

401.03 (1) Subject to subsection (2), no person shall act as a flight crew member or exercise the privileges of a flight crew permit, licence or rating unless

(a) the person holds the appropriate permit, licence or rating;

(b) the permit, licence or rating is valid;

(c) the person holds the appropriate medical certificate; and

(d) the person can produce the permit, licence or rating, and the certificate, when exercising those privileges.

(1.1) No person shall exercise the privileges of a foreign licence validation certificate unless the person

(a) holds the appropriate foreign licence validation certificate;

(b) has signed the certificate; and

(c) can produce the certificate when exercising those privileges.

4. The reference “[401.12 reserved]” after section 401.11 of the Regulations is replaced by the following:

Validity of Flight Crew Permits and Licences

401.12 (1) A flight crew permit or licence that is issued in the form of a booklet label is not valid unless

(a) the label is affixed in an aviation document booklet;

(b) the booklet number displayed on the label matches the number of the booklet; and

(c) the booklet is signed by the holder.

(2) The validity period of a flight crew permit or licence that is issued in the form of a booklet label starts on the day on which it is issued and ends on the expiry date of the aviation document booklet in which it is affixed.

(3) The expiry date of an aviation document booklet that has a flight crew permit affixed in it but does not have a flight crew licence affixed in it is the first day of the sixty-first month following the day on which the booklet was issued.

(4) The expiry date of an aviation document booklet that has a flight crew licence affixed in it is

(a) the first day of the sixty-first month following the day on which the booklet was issued, if the application for the licence included documentation establishing that the holder demonstrated an expert level ability during their language proficiency evaluation; or

(b) the first day of the sixty-first month following the day on which the holder’s language proficiency evaluation was conducted, if the application for the licence included documentation establishing that the holder demonstrated an operational level ability during the evaluation.

(5) A flight crew permit or licence that was not issued in the form of a booklet label and is listed in column 1 of the table this subsection is valid until the day set out in column 2.

TABLE

Item	Column 1 Flight Crew Permit or Licence	Column 2 Expiry Date
1.	Airline transport pilot licence — aeroplane	June 30, 2010
2.	Airline transport pilot licence — helicopter	June 30, 2010
3.	Commercial pilot licence — aeroplane	June 30, 2010
4.	Commercial pilot licence — helicopter	June 30, 2010
5.	Private pilot licence — aeroplane	June 30, 2010
6.	Private pilot licence — helicopter	June 30, 2010
7.	Flight engineer licence	June 30, 2010
8.	Pilot licence — glider	December 31, 2010
9.	Pilot licence — balloon	December 31, 2010
10.	Pilot permit — recreational	December 31, 2010
11.	Pilot permit — gyroplane	December 31, 2010
12.	Pilot permit — ultra-light aeroplane	December 31, 2010

5. Subsection 402.04(1) of the Regulations is replaced by the following:

402.04 (1) No person shall act as an air traffic controller or exercise the privileges of an air traffic controller licence unless

(a) the person holds an air traffic controller licence endorsed with a rating appropriate to the privileges being exercised and with the appropriate operational location;

(b) the licence is valid;

(c) the person holds a valid Category 1 or 2 medical certificate; and

(d) the person can produce the licence and certificate when exercising those privileges.

6. The reference “[402.08 to 404.15 reserved]” after section 402.07 of the Regulations is replaced by the following:

Validity of Air Traffic Controller Licences

402.08 (1) An air traffic controller licence that is issued in the form of a booklet label is not valid unless

(a) the label is affixed in an aviation document booklet;

(b) the booklet number displayed on the label matches the number of the booklet; and

(c) the booklet is signed by the holder.

(2) The validity period of an air traffic controller licence that is issued in the form of a booklet label starts on the day on which it is issued and ends on the expiry date of the aviation document booklet in which it is affixed.

(3) The expiry date of an aviation document booklet that has an air traffic controller licence affixed in it is

(a) the first day of the sixty-first month following the day on which the booklet was issued, if the application for the licence included documentation establishing that the holder demonstrated an expert level ability during their language proficiency evaluation; or

(b) the first day of the sixty-first month following the day on which the holder’s language proficiency evaluation was conducted, if the application for the licence included documentation establishing that the holder demonstrated an operational level ability during the evaluation.

(4) An air traffic controller licence, other than a provisional air traffic controller licence, that was not issued in the form of a booklet label is valid until June 30, 2010.

Language Proficiency Evaluations

402.09 If the documentation included with an application for an air traffic controller licence that was issued in the form of a booklet label establishes that the holder demonstrated an operational level ability during their language proficiency evaluation, the holder shall, for the purposes of renewing the licence, be evaluated again within the six months preceding the expiry date of the aviation document booklet in which it is affixed.

[402.10 to 402.15 reserved]

7. Section 404.03 of the Regulations is renumbered as subsection 404.03(1) and is amended by adding the following:

(2) A medical certificate that is issued in the form of a booklet label is not valid unless

(a) the label is affixed in an aviation document booklet;

(b) the booklet number displayed on the label matches the number of the booklet; and

(c) the booklet is signed by the holder.

COMING INTO FORCE

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

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

The Canadian Border Services Agency recommends that a five (5) year validity period be instituted for all federal documents to limit their susceptibility to fraud. Flight crew licences and permits and air traffic controller licences are currently issued without an expiry date, which creates a potential risk to aviation security from the possibility of these documents being used for fraudulent purposes. These amendments introduce a validity period to flight crew and air traffic controller licences.

Description and rationale

These amendments include

• a definition for the term “aviation document booklet”;
• an administrative clarification regarding booklet labels;
• a five (5) year validity period for flight crew licences and permits; and
• a five (5) year validity period for air traffic control licences.

Flight crew and air traffic controller licences can be used to gain access to an airport’s secure areas. Although there is no evidence that the existing documents have caused a security related incident in the past, these amendments further limit the risk that they be used fraudulently and increase aviation security.

In 2008, Transport Canada began issuing flight crew and air traffic controller licences in the form of an Aviation Document Booklet, which conforms to International Civil Aviation Organization standards for international identity documents and contains a photograph of the document holder.

Consistent with the recommendation of the Canadian Border Services Agency for reducing risks associated with federal documents, the Aviation Document Booklet will be valid for five (5) years, at which time holders may obtain a new booklet by submitting a new photograph and confirming or updating the personal information required for licensing purposes.

To increase the document’s level of security, the new booklet is similar in appearance to a Canadian passport and shares a variety of features to guard against alteration, manipulation or copying of the document.

Existing licences that are not in the form of an Aviation Document Booklet will expire June 30, 2010, except for glider, balloon, gyroplane, recreational and ultra-light aircraft pilot licences, which will expire December 31, 2010. The government will continue the current practice of re-issuing these documents at no additional cost to applicants.

Consultation

These amendments were developed jointly with stakeholders in a combined Transport Canada and Industry study group prior to submission through the Canadian Aviation Regulation Advisory Council consultation process. They were presented and recommended by all stakeholders, without opposition, at the Canadian Aviation Regulation Advisory Council Personnel Licensing and Training Technical Committee Meeting held on May 10, 2007. Members of this committee include representatives of government, pilot associations (e.g. the Canadian Air Line Pilots Association; the Canadian Owners and Pilots Association; the Ultralight Pilots Association of Canada; the Aircraft Owners and Pilots Association), unions (e.g. Teamsters Canada), airlines (e.g. Air Canada), and operators associations (e.g. Air Transport Association of Canada).

Implementation, enforcement and service standards

Transport Canada will provide advance notice of the need to replace existing documents. It is anticipated that the expiry date of current documents stated in the amendments is sufficiently beyond the introduction of the regulatory changes to provide sufficient advance notice.

Contact

Acting Chief
Regulatory Affairs
AARBH
Transport Canada, Safety and Security
Place de Ville, Tower C
Ottawa, Ontario
K1A 0N8
Telephone: 613-993-7284 or 1-800-305-2059
Fax: 613-990-1198
Web site: www.tc.gc.ca

Footnote a
S.C. 2004, c. 15, s. 5

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

Footnote c
R.S., c. A-2

Footnote 1
SOR/96-433

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