DIVISION I - GENERAL

Interpretation

404.01 (1) In this Subpart, "CAME" means a Civil Aviation Medical Examiner appointed by the Minister to conduct medical examinations of applicants for the issuance or renewal of medical certificates pursuant to subsection 404.04(1).

(2) Any reference in this Subpart to the personnel licensing standards is a reference to the Personnel Licensing and Training Standards respecting Medical Requirements.

Application

404.02 This Subpart applies to

(a) persons who hold or who apply for the issuance or renewal of a medical certificate for the purpose of exercising the privileges of a permit, licence or rating referred to in Section 404.10; and

(b) the physicians referred to in Section 404.16.

DIVISION II - MEDICAL CERTIFICATE

Requirement to Hold a Medical Certificate

404.03  No person shall exercise or attempt to exercise the privileges of a permit, licence or rating unless the person holds a valid medical certificate of a category that is appropriate for that permit, licence or rating, as specified in Section 404.10.

Issuance, Renewal and Validity Period of Medical Certificate

404.04 (1) Subject to subsection (2) and subsection 404.05(1), the Minister shall issue or renew a medical certificate on receipt of an application therefor if

(a) where the applicant is applying for a medical certificate in connection with an application for a student pilot permit-aeroplane, pilot permit - recreational, pilot or student pilot permit - ultra-light aeroplane, a pilot licence - glider or student pilot permit - glider, the applicant has completed and submitted a medical declaration, in accordance with the personnel licensing standards, that attests to the fact that the applicant is medically fit to exercise the privileges of the permit or licence that is applied for; or

(b) in any case not referred to in paragraph (a), it is established, by means of a medical examination conducted by a physician referred to in Section 404.16, that the applicant meets the medical fitness requirements specified in the personnel licensing standards.

(2) The Minister

(a) may request an applicant for the issuance or renewal of a medical certificate to undergo, before a specified date, any medical tests or examinations that are necessary to determine whether the applicant meets the medical fitness requirements specified in the personnel licensing standards;

(b) shall not issue or renew a medical certificate until the applicant has undergone all of the tests and examinations requested by the Minister pursuant to paragraph (a); and

(c) may suspend, or refuse to issue or renew, the applicant's medical certificate if the applicant fails to comply with the request referred to in paragraph (a) before the specified date.

(3) The Minister may

(a) request the holder of a medical certificate to undergo, before a specified date, any medical tests or examinations or provide any additional medical information, as necessary to determine whether the holder continues to meet the medical fitness requirements specified in the personnel licensing standards; and

(b) suspend, or refuse to renew, the holder's medical certificate if the holder fails to comply with the request referred to in paragraph (a) before the specified date.

(4) A medical certificate is subject to any restrictions or limitations that have been endorsed on the certificate in accordance with subsection 404.05(2).

(5) Subject to subsection (6), a medical certificate is valid until the date specified on the certificate by the Minister in accordance with the personnel licensing standards.

(6) The maximum period of validity of a medical certificate is

(a) 12 months for the holder of an airline transport pilot licence - aeroplane or helicopter;

(b) 12 months for the holder of a commercial pilot licence - aeroplane or helicopter;

(c) 24 months for the holder of a student pilot permit - helicopter or a private pilot licence - aeroplane or helicopter;

(d) 60 months for the holder of a student pilot permit - glider or a pilot licence - glider;

(e) 60 months for the holder of a student pilot permit - aeroplane or a pilot permit - recreational;

(f) 24 months for the holder of a pilot licence - balloon;

(g) 12 months for the holder of a flight engineer licence;

(h) 24 months for the holder of an air traffic controller licence;

(i) 60 months for the holder of a flight instructor rating - glider or ultra-light aeroplane; and

(j) 60 months for the holder of a student pilot permit or pilot permit - ultra-light aeroplane.

Medical Standards Flexibility - Limitations and Restrictions

404.05 (1) The Minister may, in accordance with the personnel licensing standards, issue a medical certificate to an applicant who does not meet the requirements referred to in subsection 404.04(1) where it is in the public interest and is not likely to affect aviation safety.

(2) Where the Minister issues a medical certificate under subsection (1), the Minister shall endorse the certificate with any limitation or restriction that is necessary to ensure aviation safety.

(3) The Minister may amend or remove any limitation or restriction referred to in subsection (2) when it is no longer required to ensure aviation safety.

(4) The Minister may suspend or cancel a medical certificate if the applicant fails to comply with any limitation or restriction referred to in subsection (2).

(5) Before issuing a medical certificate under subsection (1), the Minister may require an applicant to undergo any practical test in respect of the functions of a flight crew member or air traffic controller, as appropriate, or any medical examination that is necessary to determine whether the applicant meets the medical fitness requirements specified in the personnel licensing standards.

(6) For the purposes of a practical test in respect of the functions of a flight crew member, the Minister may designate as a testing officer any person who holds

(a) a flight crew licence endorsed with a flight instructor rating that is valid for the category of aircraft to be used during the practical test; or

(b) a flight crew licence and has the qualifications required to conduct the practical test.

(7) For the purposes of a practical test in respect of the functions of an air traffic controller, the test shall be conducted in an actual operational environment under the supervision of an Air Traffic Services manager, a regional aviation medical officer, an aviation medical officer or a CAME, in accordance with the procedures set out in the personnel licensing standards.

Prohibition Regarding Exercise of Privileges

404.06 (1) Subject to subsection (3), no holder of a permit, licence or rating shall exercise the privileges of the permit, licence or rating if

(a) one of the following circumstances exists and could impair the holder's ability to exercise those privileges safely:

(i) the holder suffers from an illness, injury or disability,

(ii) the holder is taking a drug, or

(iii) the holder is receiving medical treatment;

(b) the holder has been involved in an aircraft accident that is wholly or partially the result of any of the circumstances referred to in paragraph (a);

(c) the holder has entered the thirtieth week of pregnancy, unless the medical certificate is issued in connection with an air traffic controller licence, in which case the holder may exercise the privileges of the permit, licence or rating until the onset of labour; or

(d) the holder has given birth in the preceding six weeks.

(2) No holder of a permit, licence or rating who is referred to in paragraph (1)(b), (c) or (d) shall exercise the privileges of the permit, licence or rating unless

(a) the holder has undergone a medical examination referred to in Section 404.18; and

(b) the medical examiner has indicated on the holder's medical certificate that the holder is medically fit to exercise the privileges of the permit, licence or rating.

(3) The Minister may, in writing, authorize the holder of a medical certificate to exercise, under the circumstances described in paragraph (1)(a) or (d), the privileges of the permit, licence or rating to which the medical certificate relates if such authorization is in the public interest and is not likely to affect aviation safety.

404.07 to 404.09 Reserved

DIVISION III - MEDICAL CERTIFICATE REQUIREMENTS

Medical Certificate Requirements for Personnel Licences

404.10 (1) A Category 1 medical certificate is required for the following licences:

(a) commercial pilot licence - aeroplane or helicopter; and

(b) airline transport pilot licence - aeroplane or helicopter.

(2) A Category 1 or 2 medical certificate is required for the following licences:

(a) air traffic controller licence; and

(b) flight engineer licence.

(3) A Category 1 or 3 medical certificate is required for the following permits, licences and ratings:

(a) student pilot permit - helicopter;

(b) pilot permit - gyroplane;

(c) private pilot licence - aeroplane or helicopter;

(d) pilot licence - balloon;

(e) flight instructor rating - glider; and

(f) flight instructor rating - ultra-light aeroplane.

(4) A Category 1, 3 or 4 medical certificate is required for the following permits and licences:

(a) student pilot permit - aeroplane;

(b) pilot permit - recreational;

(c) student pilot permit or pilot permit - ultra-light aeroplane;

(d) student pilot permit - glider; and

(e) pilot licence - glider.

DIVISION IV - MEDICAL FITNESS

Minister's Assessment

404.11 (1) The Minister shall assess any medical reports submitted pursuant to paragraph 404.17(b) to determine whether an applicant for the issuance or renewal of a medical certificate meets the medical fitness requirements set out in the personnel licensing standards that are necessary for the issuance or renewal of the medical certificate.

(2) The Minister shall, by personal service or by registered mail sent to the applicant at the latest known address of the applicant, immediately

(a) notify the applicant of the result of an assessment, and

(b) in the case of an application for the renewal of a medical certificate, inform the applicant that the Minister will, no earlier than 30 days after the date that the applicant receives the notification, make a decision pursuant to subsection 7.1(1) of the Act, based on the result of the assessment.

Reconsideration of Assessment

404.12 (1) An applicant for the renewal of a medical certificate who is assessed by the Minister as not meeting the requirements referred to in subsection 404.11(1) may, within 30 days after the date that the applicant receives the notification referred to in subsection 404.11(2),

(a) request the Minister to reconsider the assessment; and

(b) submit additional information to the Minister regarding the medical fitness of the applicant in support of the request.

(2) Where the Minister is requested to reconsider an assessment pursuant to subsection (1), the Minister shall

(a) take into consideration any additional information regarding the medical fitness of the applicant; and

(b) immediately notify the applicant in writing of the result of the reconsideration of the assessment.

404.13 to 404.15 Reserved

DIVISION V - MEDICAL EXAMINERS

Authority to Conduct Medical Examinations

404.16 No physician shall conduct a medical examination of an applicant for the issuance or revalidation of a medical certificate unless the physician conducts the medical examination in the region in which the physician is licensed to practise and

(a) the physician is appointed by the Minister as a CAME;

(b) where the applicant is a regular member of the Canadian Forces or an air cadet, the physician is a Canadian Forces flight surgeon; or

(c) where the applicant resides or is examined in a contracting state other than Canada, the physician is authorized by the licensing authority of the contracting state to conduct such examinations.

Responsibilities of Medical Examiner

404.17 Where a physician referred to in paragraph 404.16(a) or (b) conducts a medical examination of an applicant for the issuance or renewal of a medical certificate, the physician shall

(a) conduct the medical examination in accordance with the procedures set out in the personnel licensing standards; and

(b) submit to the Minister a medical report that specifies the results of the medical examination.

Permission to Continue to Exercise the Privileges of a Permit, Licence or Rating

404.18 (1) When the holder of a medical certificate undergoes a medical examination by a physician referred to in paragraph 404.16(a) or (b) for the purpose of obtaining permission to continue to exercise the privileges of the holder's permit, licence or rating, the medical examiner shall
(amended 2003/06/01; previous version)

(a) sign and date the medical certificate and stamp it with the medical examiner's official stamp indicating that the applicant is "fit", subject to any restrictions already endorsed on the medical certificate, including any restriction to a shorter than normal validity period;
(amended 2003/06/01; previous version)

(b) return the medical certificate to the applicant; or
(amended 2003/06/01; previous version)

(c) advise the applicant that he or she is "unfit".
(amended 2003/06/01; no previous version)

(2) When the applicant's medical certificate has been marked with an endorsement referred to in paragraph (1)(a), the certificate validates the permit or licence for the period specified on the medical certificate.
(amended 2003/06/01; previous version)