Canada Gazette

These proposed Regulations Amending the Canadian Aviation Regulations (Part IV) include provisions as follows:

Part IV Personnel Licensing and Training of the Canadian Aviation Regulations (CARs) deals with the personnel licensing and training rules which apply to all aircraft operations, both commercial and private.

The proposed amendment to section 400.01 will add a definition of "flight instructor experience." A definition of flight instructor experience appeared in the Personnel Licensing Handbook prior to the introduction of the CARs in 1996 but was inadvertently omitted from the CARs. This definition is important for the implementation of the forthcoming integrated commercial pilot licence programme. The proposed definition of flight instructor experience will specify that the experience requirements for a flight instructor rating for an aeroplane or helicopter must be accumulated by a holder of a flight instructor rating while providing dual flight instruction in an aeroplane or a helicopter. The details of how that experience may be obtained will be included in section 400.01.

The provisions in this section of the CARs specify rules under which written examinations for the issue of a flight crew document must be conducted. Along with provisions related to the use of hand-held calculators, the section provides that no person writing an examination

Section 400.02 prohibits a person who has done any of the above actions from writing an examination for the issue of a permit or a licence or for the endorsement of a permit or licence with a rating for one year after the date upon which the action was performed. However, it does not make clear that the results of the examination during the writing of which the prohibited action was done may not be used for the issue of a permit or licence. The proposed amendment will add wording to state that a person who has performed one of the prohibited actions will have failed the examination during the writing of which they performed the action.

Section 401.03 Requirement to Hold a Flight Crew Permit, Licence or Rating or a Foreign Licence Validation Certificate

Section 401.03 requires anyone who acts as a flight crew member or who exercises the privileges of a flight crew permit, licence or rating or of a foreign licence validation certificate to hold a valid document. The document needs to be signed by the holder for identification purposes, but there is currently no regulatory requirement that the document be signed. The proposed amendment will add the provision that the document must be signed by the holder to be valid.

Section 401.28 Aeroplanes and Helicopters — Reimbursement of Costs Incurred in Respect of a Flight

Section 401.28 contains the conditions under which the holder of a private pilot licence may receive reimbursement for acting as the pilot of an aeroplane or a helicopter. Except for the conditions set forth in this section, a pilot must hold a commercial licence for either an aeroplane or a helicopter to be reimbursed for piloting an aircraft. The proposed amendment will add the conditions under which farmers may accept payment for aerial distribution of products for agricultural purposes (crop spraying services).

Farmers who hold private pilot licences have, for many years, been permitted to accept reimbursement from other local farmers for crop spraying services within a radius of 25 miles from the centre of their farms. Prior to the introduction of the CARs, the conditions covering this provision were contained in Air Navigation Order (ANO), Series VII, No. 1 Private Aircraft Exemption Order. The conditions in the proposed amendment are the same as those in the ANO, that is

Section 401.30 Aeroplanes — Privileges and section 401.31 Helicopters — Privileges

These two sections set forth the privileges which a holder of a commercial pilot licence — aeroplane or of a commercial pilot licence — helicopter respectively are entitled to exercise. At present, neither section specifies that the holder of either licence may exercise the privileges of the licence by night as well as by day. Since both types of commercial licence are intended to include night flying privileges, the proposed amendments will revise these two sections to specify that they both apply by night as well as by day, unless the holder's licence is endorsed for day flying only.

Section 401.35 defines the privileges which are enjoyed by the holder of a valid airline transport pilot licence — helicopter. A similar section 401.34 performs the same function for holders of a valid airline transport pilot licence — aeroplane. Section 401.34 uses the wording "by means of an aeroplane of a class and type in respect of which the licence is endorsed with a rating." Section 401.35 conveys the same intention by saying "of any helicopter of a type for which the licence is endorsed with a rating." For consistency and clarification, section 401.35 will be amended to use similar phraseology to section 401.34.

Section 401.37 Flight Engineer Licence — Privileges and section 401.53 Second Officer Rating — Privileges

These two sections address the privileges which the holders of flight engineer licences or second officer ratings, respectively, are entitled to exercise. Each section provides for the holder of the respective document to act in a supervisory capacity with respect to conducting flight training or competency checks for candidates for or holders of the documents. The current wording is unclear as to the qualifications which the person acting in a supervisory capacity must possess. The intent of these provisions was not to establish an additional skill requirement which a flight engineer or second officer had to attain before acting in a supervisory capacity. The intent was rather to establish that the individual who administered the necessary training or competency checks would be in a supervisory position in the employing company's hierarchy. The proposed amendments to these two sections will clarify the intent of the provisions as outlined above.

There are no alternatives to the proposed regulatory amendments to provide the clarifications to and eliminate inadvertent omissions from the Canadian Aviation Regulations.

A preliminary scan of this initiative has been done in accordance with the criteria of Transport Canada's Strategic Environmental Assessment Policy Statement — March 2001. It is not expected that these changes will produce effects that would be considered environmentally important. It is concluded from the preliminary scan that a detailed analysis is not necessary. Further assessments or studies regarding any other environmental effects of this initiative are not likely to yield a different determination.

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

None of these proposed amendments are expected to cause a net benefit-cost impact to the civil aviation industry. They are intended to clarify wording and remove ambiguities as well as to rectify inadvertent omissions dating to the introduction of the CARs in 1996.

The proposed changes to section 401.03 Requirement to Hold a Flight Crew Permit, Licence or Rating or a Foreign Licence Validation Certificate, section 401.35 Helicopters — Privileges, section 401.30 Aeroplanes — Privileges, section 401.31 Helicopters — Privileges, section 401.37 Flight Engineer Licence — Privileges and section 401.53 Second Officer Rating — Privileges will correct inadvertent omissions, improve editorial consistency throughout the CARs and clarify certain ambiguous provisions.

The definition of "flight instructor experience" which is being introduced in section 400.01 Interpretation is that currently used and will entail no change in current procedures nor in the requirements which must be met by flight instructor candidates.

The proposed change to section 400.02 Examination Rules to specify that an individual who performs a prohibited action during the writing of an examination for a permit, licence or rating may not use the results of the examination for the issue of that permit, licence or rating is an explicit statement of an implicit policy.

The introduction of the provision in section 401.28 Aeroplanes and Helicopters — Reimbursement of Costs Incurred in Respect of a Flight will re-establish a long-standing provision to allow farmers who are holders of private pilot licences to conduct aerial distribution activities upon farms in the near neighbourhood of their own farms and accept reimbursement for those activities. This practice has been allowed since prior to the introduction of the CARs. It assists farmers to defray the costs of maintaining an aeroplane for use on their own property without impinging upon established competitive practices among air operators who offer a similar service in a wider geographical area.

None of the proposed amendments will have an impact on current practices and procedures. There will be no benefit-cost effects from these proposals.

The members of the Personnel Licensing and Training Technical Committee of the Canadian Aviation Regulation Advisory Council (CARAC) have been consulted with respect to these proposed amendments. 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, the Aircraft Owners and Pilots 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, 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 of Canada, the Soaring Association of Canada, Teamsters Canada and the Ultralight Pilots Association of Canada. The members of the Technical Committee approved the proposed amendments discussed in this Regulatory Impact Analysis Statement and recommended their adoption during their meetings on June 14, 1999, and on March 28, 2000.

These proposed amendments were presented to the Civil Aviation Regulatory Committee (CARC), which is composed of senior managers in the Civil Aviation Directorate of the Department of Transport, on June 25, 1999, and on April 25, 2000. The members of CARC approved all of the proposals.

These Regulations will generally be enforced through the assessment of monetary penalties imposed under sections 7.6 to 8.2 of the Aeronautics Act, through suspension or cancellation of a Canadian aviation document or through judicial action introduced by way of summary conviction as per section 7.3 of the Aeronautics Act.

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

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, Department of Transport, Place de Ville, Tower C, 330 Sparks Street, 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).

Persons making representations should identify any of those representations the disclosure of which should be refused under the Access to Information Act, in particular under sections 19 and 20 of that Act, and should indicate the reasons why and the period during which the representations should not be disclosed. They should also identify any representations for which there is consent to disclosure for the purposes of that Act.

1. Subsection 400.01(1) of the Canadian Aviation Regulations (see footnote 1) is amended by adding the following in alphabetical order:

"flight instructor experience", with respect to the experience requirements for a flight instructor rating for an aeroplane or helicopter, means the flight time accumulated in an aeroplane or helicopter

(a) by a holder of a flight instructor rating while providing dual flight instruction to applicants for

(i) a pilot permit—recreational,

(ii) a private or commercial pilot licence, or

(iii) a night rating, VFR OTT rating, flight instructor rating—aeroplane, flight instructor rating—helicopter or flight instructor rating—aeroplane—aerobatic,

(b) by a holder of a foreign flight instructor rating issued by a contracting state, while providing dual flight instruction to an applicant for a permit, licence or rating equivalent to one of those referred to in paragraph (a), and

(c) by a Canadian Forces qualified flying instructor while providing dual flight instruction to persons undergoing initial flight training in the Canadian Forces; (expérience d'instructeur de vol)

(2) A person who commits an act prohibited under subsection (1) fails the examination and may not take any other examination for a period of one year.

3. Subsection 401.03(1) of the Regulations is amended by striking out the word "and" at the end of paragraph (a), by adding the word "and" at the end of paragraph (b) and by adding the following after paragraph (b):

4. (1) The heading before section 401.28 of the French version of the Regulations is replaced by the following:

401.28 (1) The holder of a private pilot licence shall not act as the pilot-in-command of an aeroplane or helicopter for hire or reward unless the conditions set out in subsection (2), (3), (4) or (5), as applicable, are met.

(2) The holder of a private pilot licence may receive reimbursement for costs incurred in respect of a flight if the holder

(i) is provided only by the passengers referred to in paragraph (c), and

(ii) is for the purpose of sharing the costs of fuel, oil and fees charged against the aircraft in respect of the flight, as applicable.

(3) The holder of a private pilot licence may receive reimbursement from the holder's employer for costs incurred in respect of a flight if the holder

(a) is employed on a full-time basis by the employer for purposes other than flying;

(b) conducts the flight on the employer's business and the flight is incidental to the execution of the holder's duties; and

(i) in the case of an aircraft owned by the holder, is paid at a rate based on distance travelled or number of hours flown and that does not exceed the total of the holder's direct operating costs and the fees charged against the aircraft in respect of the flight, or

(ii) in the case of a rental aircraft, does not exceed the total of the holder's rental costs, direct operating costs and the fees charged against the aircraft in respect of the flight.

(4) The holder of a private pilot licence may receive reimbursement from a charitable, not-for-profit or public security organization in respect of a flight conducted by the holder as a volunteer for that organization if the reimbursement

(a) in the case of an aircraft owned by the holder, is paid at a rate based on distance travelled or number of hours flown and does not exceed the total of the holder's direct operating costs and the fees charged against the aircraft in respect of the flight; or

(b) in the case of a rental aircraft, does not exceed the total of the holder's rental costs, direct operating costs and the fees charged against the aircraft in respect of the flight.

(5) The holder of a private pilot licence who is a farmer, as defined in section 700.01, may conduct aerial work involving the dispersal of products for agricultural purposes for hire or reward if the holder

(c) has at least 150 hours of flight time as pilot-in-command, including at least 25 hours of flight time in the type of aircraft being used;

(d) ensures that no more than the minimum number of crew members needed to disperse the products is on board the aircraft;

(e) ensures that the dispersal takes place within 25 miles of the centre of the holder's farm; and

(f) ensures that no dispersal is conducted within a control zone without the authority of the appropriate air traffic control unit.

5. The portion of subsection 401.30(1) of the Regulations before paragraph (a) is replaced by the following:

401.30 (1) Subject to subsection (3), the holder of a commercial pilot licence—aeroplane may, by day or night,

6. The portion of subsection 401.31(1) of the Regulations before paragraph (a) is replaced by the following:

401.31 (1) Subject to subsection (3), the holder of a commercial pilot licence—helicopter may, by day or night,

(b) while engaged in providing a commercial air service by means of a helicopter of a type for which the licence is endorsed with ratings, act as pilot-in-command or co-pilot of the helicopter.

(a) act as flight engineer in an aircraft of a type for which the licence is endorsed with a rating; and

(b) act as flight engineer in any aircraft for the sole purpose of the holder's flight training or competency check if

(i) the flight training is conducted under the supervision of a person qualified to give flight engineer training, or

(ii) the competency check is conducted by a person qualified to conduct the check.

(2) A holder of a flight engineer licence who supervises other holders of flight engineer licences may conduct flight training and competency checks in respect of

(c) the endorsement of a commercial pilot licence—aeroplane or an airline transport pilot licence—aeroplane with a second officer rating; and

(d) the endorsement of a licence with an aircraft type rating for second officer privileges, if the licence has a second officer rating.

(a) act as second officer in any aeroplane of a type to which the rating applies;

(b) act as second officer in any aeroplane for the sole purpose of the holder's own flight training or competency check if

(i) the flight training is conducted under the supervision of a person qualified to give second officer training, or

(ii) the competency check is conducted by a person qualified to conduct the check; and

(2) A holder of a second officer rating who supervises other holders of second officer ratings may conduct flight training and competency checks in respect of

(a) the endorsement of a commercial pilot licence—aeroplane or an airline transport pilot licence—aeroplane with a second officer rating; and

(b) the endorsement of a licence with an aircraft type rating for second officer privileges, if the holder holds a second officer rating.

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