Commercial and Business Aviation Advisory Circulars

This Commercial & Business Aviation Advisory Circular (CBAAC) is intended to inform air operators of exemptions issued pursuant to Subsection 5.9(2) of the Aeronautics Act, exempting Canadian air operators from the requirement of Subsections 703.91(1) or 704.111(1) of the Canadian Aviation Regulations (CARs).

The information contained herein is intended to clarify the issues associated with these exemptions and assist air operators when utilizing these exemptions within their operations.

APPLICABILITY

This CBAAC is applicable to all air operators under Subparts 703 and 704 of the CARs who utilize the exemptions to Subsections 703.91(1) or 704.111(1) of the CARs, allowing a twenty-four months Pilot Proficiency Check (PPC) frequency.

This CBAAC supersedes CBAAC No. 0176R dated 2001.12.06.

REFERENCES

• Subsection 703.91(1) of the CARs
• Subsection 704.111(1) of the CARs
• Exemption from Subsection 703.91(1) of the CARs
• Exemption from Subsection 704.111(1) of the CARs

In the past few years an imbalance in the safety oversight program was identified in that too many Inspector resources were being concentrated on conducting PPCs for those air operators without an Approved Check Pilot (ACP) Program. This imbalance was considered to be a detriment to the overall safety program.

In order to balance the safety oversight program, Transport Canada (TC) refocused Inspector resources towards a more systematic approach to safety oversight. Specifically, these changes implement a reduction in the frequency with which TC Inspectors conduct PPCs on pilots operating under Subparts 703 and 704 of the CARs and allows time for more comprehensive inspections of the overall operation while on-site for a PPC. The broader scope of these inspections is intended to enhance aviation safety to the benefit of the public.

The exemptions to Subsections 703.91(1) and 704.111(1) of the CARs have been re-issued, and are now valid to the expiry date stated in the exemption, or the date on which either of the exemptions is superseded by an amendment to the CARs or is cancelled, in writing, by the Minister.

In addition, amendments to the ACP Program were also introduced. The amendments to the ACP Program have now been incorporated into the ACP Manual.

It has been noted that the following areas require clarification:

• PPC Extensions;
• PPC Grouping;
• Documentation of training;
• Instrument Flight Rules (IFR) recency requirements; and
• Training requirements for reduced visibility take-offs and CAT II and III landing limits.

This CBAAC will restate the current policy and clarify these additional areas of concern.

General

Subsections 703.91(1) and 704.111(1) of the CARs currently specify the validity period of a PPC as expiring on the first day of the thirteenth month following the month in which the PPC was completed.

The referenced exemptions extend the validity period of a PPC from twelve months to twenty-four months under the conditions stated therein. Air operators are urged to read the conditions carefully to ensure they fully understand what is required to take advantage of these exemptions. Subpart 704 of the CARs air operators in particular should review the requirements for changes to their training program and should contact their Principal Operations Inspector for instructions on how to implement these amendments to their Company Operations Manual (COM).

PPC Extensions

Extensions cannot be granted to extend the validity period of a PPC beyond the twenty-four months period. Air operators are to ensure their pilots have their PPC completed within the ninety days prior to the first day of the twenty-fifth month.

PPC Groupings

All air operators operating under Subparts 703 and 704 of the CARs may continue to be authorized for aeroplane groupings (renewal only).

In order for a pilot to commence in an air operator's authorized aeroplane grouping, the pilot shall hold a PPC – the validity of which has not expired – on each type of aeroplane in which the pilot will act as a flight crew member.

The pilot shall complete annual training on each grouped aeroplane and additional training in lieu of a PPC on one of the grouped aeroplanes prior to the first day of the thirteenth month of PPC validity.

The pilot shall also continue to meet the requirements of the appropriate subpart for aeroplane grouping for PPC purposes.

Documentation of Training

During the validity period of these exemptions, TC Inspectors and ACPs shall complete the PPC Flight Test Report (form 26-0249) and the Flight Crew Member Record of Training Card with a "valid to" date of the first day of the twenty-fifth month following the date on which the PPC was conducted (first day of the thirteen-month if the air operator has advised TC in writing that they do not wish to take advantage of the extended validity period).

As stated in the exemptions, a Pilot Competency Certification (PCC) (Subpart 703 of the CARs) or training in lieu of a PPC (Subpart 704 of the CARs) must be completed at the one-year point of the extended validity period and written proof of such training must be available for inspection while exercising the privileges granted by the exemption. For this purpose, a sample Flight Crew Member Record of Training form has been attached as an appendix to the exemptions.

The chief pilot, a pilot delegated by the chief pilot, or the training pilot who validates the flight Crew Member Record of Training Card shall use the same "valid to" date as when the last PPC was signed. That is, where a TC Inspector, or ACP completes a PPC during July 2004, the PPC is signed off as valid to August 1, 2006. In the ninety days prior to August 1, 2005, provided the conditions of the appropriate exemption have been met, the chief pilot, pilot delegated by the chief pilot or the training pilot would then validate the Record of Training Card to August 1, 2006. This would be accomplished by initialling in the appropriate column, to indicate that the required training or check had been completed.

IFR Recency Requirements

Subsection 401.05(3) of the CARs has been amended to include a statement at Paragraph (d) indicating that a holder of an instrument rating may still exercise their instrument rating privileges provided that they have successfully completed, for an aircraft, a PPC whose validity period (twelve or twenty-four months) has not expired and which included the instrument procedures portion of the PPC schedule appropriate to the Subpart under which the company operates. This option may be used in lieu of the requirement for a pilot to, within the six months preceding the flight, have acquired six hours of instrument time and completed six instrument approaches.

It is important to note that the annual training requirement is required in order for the twenty-four months PPC to remain valid. This training must include instrument procedures for IFR operators.

Training Requirements for Reduced Visibility Take-Offs and CAT II and III Landing Limits

Annual training and/or checking requirements for Reduced Visibility Take-Offs and CAT II and III landing limits remain unchanged.

Air operators under Subpart 703 of the CARs, with approval for Reduced Visibility Take-Offs, who utilize aircraft without Certified Take-Off Performance, are still required to meet the annual training requirements of Paragraph 723.98(20)(b) of the Commercial Air Service Standards (CASS).

Air operators under Subpart 704 of the CARs authorized for Runway Visual Range 600 Take-Off limits and/or CAT II/III landing limits, shall still meet the annual training/checking requirements as Subparagraph 724.26(2)(c)(vii), Subsections 724.115(21) and 724.115(29) of the CASS, and schedule I - PPC - Synthetic Flight Training Device respectively.

Operations under Subpart 703 of the CARs

For the purpose of the exemption to Subsection 703.91(1) of the CARs, the term "PCC" shall mean "Pilot Competency Certification".

There is no requirement for a separate flight specifically dedicated as a check flight. The PCC is not a check but a certification that the pilot has met the training requirements contained in schedule I of Section 723.88 of the CASS upon completion of the training specified in condition four (4) of the exemption.

Once a pilot has met the training requirements, the chief pilot, or a pilot delegated by the chief pilot, shall then sign the pilot's Flight Crew Member Record of Training Card as having completed a PCC in lieu of a PPC.

The minimum training required for each pilot shall be the higher number of hours of training specified in the approved COM or Subsections 723.98(24) and 723.98(27) of the CASS, plus the training flight specified in condition four (4) of the exemption.

It is the responsibility of the pilot and air operator to ensure that the conditions of the exemptions are followed.

A Notice of Proposed Amendment to amend Subsection 704.111(1) of the CARs to establish a twenty-four months validity period was accepted by the Canadian Aviation Regulation Advisory Council in September 2003. Promulgation of the revised Regulation is underway.

The disposition of a regulatory requirement regarding the twenty-four months PPC under Subpart 703 of the CARs remains under review. Air operators will be advised accordingly of any progress or changes in these areas.

The exemptions to Subsections 703.91(1) and 704.111(1) of the CARs, allowing for a twenty-four months PPC frequency, were implemented to address an imbalance in the safety oversight program.

Air operators can anticipate increased oversight activity in areas other than PPCs.

Michel Gaudreau
Director
Commercial & Business Aviation