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Notice

Vol. 140, No. 18 — May 6, 2006

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

Statutory authority

Aeronautics Act

Sponsoring department

Department of Transport

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Description

General

These proposed Regulations Amending the Canadian Aviation Regulations (Parts I and IV) will introduce a new approach to pilot training for the commercial pilot licence — aeroplane (CPL(A)(. The proposed new approach is intended to provide regulatory oversight for a training course for the CPL(A) which requires a less flexible structure than the traditional course but which allows the training to be completed in fewer flight hours. This new approach is called the integrated CPL(A) course. It will require strict adherence to the content, timing and duration of each exercise required by the course syllabus as contained in the training manual which will be developed by the flight training unit and approved by Transport Canada. In contrast, the traditional training course for the CPL(A) allows flexibility in timing and duration of each exercise to take into account the experience and needs of the individual trainee. The exercise content to be covered will remain the same for both approaches. The traditional course for CPL(A) training, which allows the individual flight training unit and even the individual instructor/trainee combination to decide the emphasis to be placed on each subject and each flight exercise covered during the training process, will remain available.

An integrated course of pilot training is a course in which all instructional stages are completed as one continuous course and in which ground and flight training elements are interrelated and sequenced to provide for efficient achievement of the learning objectives. The proposed integrated course will allow completion of the requirements for a CPL(A) in fewer flight hours than the traditional alternative. As well, flight training units (FTUs) offering an integrated course will be allowed to conduct their own remedial training for instructors whose students have encountered instructional related difficulties with the flight test for the CPL(A). In return for these advantages, the operators of FTUs offering the integrated course will be required to accept certain restrictions on the conditions under which the course is offered. Among the restrictions will be the following:

  • The duration of the period during which a candidate must complete the course will be limited;
  • Expanded ground training requirements will be imposed and 50% of the ground training will be required to be in a classroom;
  • Five hours on complex aeroplanes will be included in the training; and
  • Additional procedures for quality control and for training of the personnel employed at the FTU offering the integrated course will be introduced.

While very similar in-depth training can be provided by an FTU offering the traditional course, the total flight hours required will remain at 200 hours minimum for these traditional courses; the other advantages enjoyed by the operators of the integrated course will not be available.

In addition to the proposed amendments specific to FTUs at which an integrated course of training for the CPL(A) is to be offered, certain changes applicable to all FTUs have been included with these provisions. These proposals will strengthen the oversight capabilities of the regulatory authority with respect to all FTUs. The criteria which a ground school instructor must satisfy before being appointed will be expanded. The responsibilities of the chief flight instructor will be increased. The qualifications and responsibilities of an assistant chief flight instructor, when such a position is filled, will be set forth. As well, the proposed amendments will require an applicant for a commercial pilot licence (other than Canadian Forces applicants qualified to pilot wings standard and holders of valid commercial pilot licences issued by a contracting state (see footnote 1)) to submit proof of having successfully completed the required written examination and reviewed those subject areas in which a deficiency of understanding was revealed, before the applicant may undertake the required flight test. They will also introduce seven new definitions and a change to one existing definition which will be applicable to all operations under Part IV of the Canadian Aviation Regulations (CARs). Proposed amendments to section 401.30 Aeroplanes — Privileges, section 401.31 Helicopters — Privileges, section 401.67 Flight Test Records, section 405.21 Qualifications of Flight Instructors and section 406.02 Application will bring editorial changes or will move certain existing provisions from the corresponding sections of the Personnel Licensing and Training Standards Respecting Flight Crew Permits, Licences and Ratings (the standards) to these sections identified above.

Specifics

Part I — General Provisions

Part I contains definitions affecting more than one part of the CARs and administrative provisions applicable to all parts of the CARs.

Proposed changes to the Schedule Designated Provisions which is attached to Subpart 103 Administration and Compliance will introduce maximum monetary penalties which may be assessed for non-compliance with provisions proposed in this amendment to the CARs.

Part IV — Personnel Licensing and Training

Part IV deals with the personnel licensing and training rules which apply to all aircraft operations, both commercial and private.

The existing relationships and qualifications required of flight training organizations and flight instructors will not be changed with the introduction of an integrated course for the CPL(A). Specific requirements will be added to ensure that the integrated course is of a quality that preserves Canada's reputation as providing high quality flight training while allowing reduced experience requirements from graduates of an integrated course as well as other procedural advantages permitted flight training organizations offering an integrated course.

To earn a Canadian commercial pilot licence for either aeroplane or helicopter operations, the candidate must complete a prescribed course which is composed of ground and flight instruction. Such courses are offered by institutions described in the CARs as flight training units (FTUs). Except under limited conditions (which are defined in section 406.03 Requirement to Hold a Flight Training Unit Operator Certificate), FTUs must be operated in accordance with a flight training unit operator certificate which is issued by the Minister of Transport upon receipt and approval of an application which contains the required information (section 406.11 Issuance or Amendment of a Flight Training Unit Operator Certificate) and which satisfies the applicable standards (section 406.13 General Conditions of Issuance of a Flight Training Unit Operator Certificate). Among other specifications is the requirement for an applicant for an operator certificate for an FTU to appoint a full-time chief flight instructor (CFI) who meets the qualifications specified in standard 426.22 Requirements for Chief Flight Instructor and who acknowledges in writing that he or she knows, accepts and will carry out the responsibilities of the position as set forth in standard 426.22. The CFI is responsible, among other duties, for the overall pilot training program, for the supervision of other flight instructors at the FTU, for approving the appointment of persons as ground instructors, and for the quality and content of ground school instruction and flight training provided by that FTU.

Flight instructors must hold, at minimum, a commercial pilot licence for the category of aircraft (aeroplane or helicopter) in which the training is to take place and, with some specialized exceptions, must have an appropriate instructor rating. There are four classes of flight instructor rating. The ratings are based on experience as a flight instructor and on demonstrated ability to instruct on the ground and in the air. Class 1 instructors are the most experienced and the most knowledgeable, with Class 2 instructors being somewhat less experienced. Holders of either of these two levels of instructor rating may be appointed as CFI for any FTU. Class 3 instructors are at an intermediate level of both experience and instructional proficiency. They may be appointed as CFI at an FTU at which no other flight instructor is employed. Finally, Class 4 instructors are novices who must be individually supervised by a more senior instructor (either a Class 1 or Class 2 instructor).

The current regulatory environment establishes minimal criteria which an FTU must meet before offering a course of training for a commercial pilot licence. The regulations rely primarily on the ability of the candidate to demonstrate by a written examination and a flight test the quality of the training received and the candidate's suitability to be granted the privileges of a Canadian commercial pilot licence. The subjects to be covered during the written and performance tests, the exercises to be performed on the flight test, and training and flight test guides provided by the Department of Transport are used to determine which subjects and exercises will be covered and in what depth during the candidate's training. This environment allows the individual training unit and even the individual instructor/trainee combination to decide the emphasis to be placed on each subject and flight exercise covered during the training process. The current regulatory environment places no obstacle in the way of operators and staff of FTUs who may wish to offer a structured approach differing only in detail from that proposed under the new regulations.

Integrated commercial pilot training course

The proposal will establish the requirements which an operator of an FTU must satisfy if an integrated commercial pilot training course is to be offered at that FTU. Two types of integrated course will be possible. The first, Commercial Pilot Licence - Aeroplane [CPL(A)] Integrated Course, will comprise training to enable the candidate to satisfactorily complete the written examination and flight test for the CPL(A). The second, Commercial Pilot Licence - Aeroplane/Instrument Rating [CPL(A)/IR] Integrated Course, will consist of training which will enable the candidate to successfully qualify for an instrument rating on multi-engine aeroplanes as well as for the CPL(A).

The difference between the two types of integrated course will consist of the necessary extension of the second course to allow for the additional training on multi-engine aeroplanes and in an instrument flight rules (IFR) environment. The essential personnel and procedural requirements for an FTU offering an integrated course will be unchanged between the two options.

The CPL(A) Integrated Course will differ from the non-integrated training for a CPL(A) in the following ways:

(a) A maximum duration will be established by the end of which the integrated course must be satisfactorily completed whereas there is no limit to the period during which a candidate for the non-integrated course may continue training. A record will be kept of the date of enrollment for the candidate under the integrated course and an enrollment certificate will be provided to each trainee stating the date upon which the course began.

(b) In addition to qualifying for a CPL(A), the graduate of an integrated course will receive from the FTU at which the course was conducted a course completion certificate issued by the FTU with the details of the training certified by the chief flight instructor for that course of training.

(c) To enroll in an integrated course, the candidate must have earned a secondary school graduation diploma or its equivalent. No academic prerequisite is necessary for a candidate for a CPL(A) in a non-integrated course.

(d) Minimum total flight hours for the candidate in an integrated course, before a CPL(A) may be issued, will be fewer than those for the candidate from a non-integrated course. Despite the reduction in the total hours of flight experience required, an increase in the hours flown with a qualified flight instructor will be required for the integrated course as compared to the non-integrated alternative. To accomplish this proposed change there will be less pilot-in-command experience required for the candidate from an integrated course than for the one from a non-integrated course.

(e) For the candidate on an integrated course, during the dual training, five hours on a complex aeroplane are required which are not required for candidates in a non-integrated course. A proposed new definition for "complex aeroplane" (set forth hereafter) will be provided.

(f) A substantial increase in hours allocated to ground training will be introduced for the integrated course. This increase will permit more thorough consideration of the ramifications of the operation of an aeroplane (including different possible types and configurations) in the types of entry level positions which the graduate is likely to encounter in aerial work or in air taxi operations.

(g) Progress tests will be required, including a visual flight rules (VFR) navigation test and written tests during ground school instruction. The results of these tests will be kept on the students' files.

For an FTU to offer an integrated course certain personnel qualifications and training requirements and procedural requirements will have to be satisfied which will not be asked of FTUs offering only a non-integrated course. The following summarizes these proposed requirements.

Personnel qualifications and training requirements

(a) Where an FTU has an approved flight training operations manual (required for all FTUs offering an integrated course), remedial training for a flight instructor with an unsatisfactory record of student failures of flight tests may be implemented by the chief flight instructor of the FTU. For FTUs without an approved flight training operations manual, this remedial training will continue to be developed and implemented by departmental officials as at present.

(b) A new requirement for training for all operational personnel at an FTU with an approved flight training operations manual (i.e. offering an integrated course) is also proposed. The details of this training are contained in new section 406.71 Operational Personnel Training Program. For all persons assigned to an operational control function, indoctrination training, which will ensure that these persons are aware of their responsibilities, know reporting relationships and are competent to fulfill their assigned duties related to flight training operations, will be required upon employment. Persons assigned to an operational control function include chief flight instructors, assistant chief flight instructors, flight instructors and persons responsible for flight following. New section 406.71 will also specify the training, monitoring and flight checks which each flight instructor who conducts training in accordance with an integrated course must successfully complete. In this section, a competency check which a flight instructor conducting training under an integrated course must undergo will be defined as "a certification by the chief flight instructor or an instructor delegated by the chief flight instructor that a flight instructor conducting training under an integrated course has demonstrated in flight an ability to perform both normal and emergency manoeuvres appropriate to the most complex single-engined aeroplane to be used for the flight instruction."

(c) New section 406.22.2 Appointment of Check Instructor will require an FTU operator conducting an integrated course of pilot training to appoint a check instructor. A proposed new section 406.22.3 Requirements for Check Instructor will require a check instructor to be either the chief flight instructor or to have the qualifications as set out in the personnel licensing standards. A check instructor must acknowledge in writing that he or she knows, accepts and will carry out the responsibilities of the position as assigned in writing by the chief flight instructor.

(d) In accordance with section 425.21 of the standards, instructors at an FTU offering an integrated course who perform any training after the student has completed the VFR navigation progress test will be required to have at least 500 hours of flight time in aeroplanes of which at least 200 hours must be experience as a flight instructor or to have an airline transport pilot licence — aeroplane and a flight instructor rating.

Procedural requirements

(a) An FTU at which an integrated course is offered will be required to have a flight training operations manual (new section 406.61 Flight Training Operations Manual) and a training manual (new section 406.62 Training Manual) which are approved by the Minister. The contents of these manuals will be set forth in proposed new standards and the FTU will be required to operate in accordance with the manuals.

(b) An FTU operating in accordance with a flight training operations manual, i.e. offering an integrated course, will be required to have an operational control system, the specifics of which will be covered in proposed new section 406.50 Operational Control System and an accompanying standard.

(c) The requirement for an FTU offering an integrated course to establish and maintain a quality assurance program is also being introduced in new section 406.14 Quality Assurance Program Integrated Course. This program must meet the requirements of the personnel licensing standards and will ensure the FTU continues to comply with the conditions and specifications in the flight training unit operator certificate.

(d) Requirements for a certificate of enrollment to be provided to a candidate for a commercial pilot licence and for a course completion certificate to be provided to a graduate of an integrated course are being introduced in sections 406.63 Certificate of Enrollment and 406.64 Course Completion Certificate respectively. The contents of these documents will be specified in proposed new standards.

Proposed changes affecting all FTUs

The following discussion outlines proposed changes which will affect all FTUs although some references to items, which have already been discussed and which are intended to apply only to FTUs offering integrated courses, will be made.

Section 400.01 Interpretation

Seven new definitions and a change to one existing definition are proposed for section 400.01 Interpretation. While these definitions will apply generally to all operations conducted under Part IV, the specific sections in the Part in which their use is proposed relate to the introduction of the integrated course. Proposed definitions are as follows:

  • complex aeroplane — "an aeroplane that has flaps and a constant-speed propeller and, except in the case of a seaplane, retractable landing gear";
  • employed on a full-time basis — "working for a flight training unit on a continuous basis for at least the number of hours required to carry out the duties of the position intended to ensure the safe operation of the flight training service";
  • flight following — "the monitoring of a flight's progress, the provision of any operational information that might be requested by the pilot-in-command, and the notification of the flight training unit and search-and-rescue authorities if the flight is overdue or missing";
  • flight watch — "maintaining current information on the progress of a flight and monitoring all factors and conditions that might affect the flight";
  • integrated course — "a course of pilot training developed using the principles of instructional systems design, in which all instructional stages are completed as one continuous course and the flight training elements are interrelated and sequenced to provide for the efficient achievement of the learning objectives";
  • pilot's self-dispatch — "a flight where the pilot-in-command is solely responsible for flight watch"; and
  • sub-base — "a location at which a flight training unit positions aircraft and personnel and from which operational control is exercised in accordance with the flight training operations manual and operational control system."

The existing definition of "operational control" will be replaced by the following proposed definition: "operational control" means "the exercise of authority over the initiation, continuation, diversion or termination of a flight in the interest of the safety of the aircraft and the regularity and efficiency of the flight."

Section 401.06 Issuance and Endorsement of Flight Crew Permits, Licences and Ratings

A proposed change to section 401.06 Issuance and Endorsement of Flight Crew Permits, Licences and Ratings will add the successful completion within the applicable period specified in the standards of a flight test for the permit, licence or rating, if such a flight test is required, to the conditions which must be fulfilled before the document is issued (in the case of a permit or licence) or endorsed (in the case of a rating).

Section 401.14 Flight Test Prerequisites

A proposed amendment to section 401.14 Flight Test Prerequisites will require a candidate for a commercial pilot licence to have met the prerequisites with respect to knowledge before undertaking the flight test. The accompanying standard 421.14 Flight Test Prerequisites will be amended to require candidates for admission to a flight test for a commercial pilot licence (both for helicopters and for aeroplanes) to present proof that they have successfully completed the required written examination and proof that the applicant has satisfactory knowledge of the subject area(s), if any, in which a deficiency was indicated. Canadian Forces applicants who are qualified to pilot wings standard are exempt from this requirement as are holders of valid commercial pilot licences which were issued by a contracting state. There are currently no requirements for a candidate for a flight test for a CPL to demonstrate completion of the required written examination prior to undertaking the flight test.

Section 401.30 Aeroplanes — Privileges and Section 401.31 Helicopters — Privileges

The period between required aviation medical examinations for the holder of a commercial pilot licence is of shorter duration than that for the holder of a private pilot licence. For many years, a provision that the holder of a commercial pilot licence may exercise the privileges of a private pilot licence between the expiry of the medical validity period for the commercial licence and the expiry of the medical validity period for the private licence has been in effect in standards associated with sections 401.30 and 401.31. Proposed changes will transfer this provision, from the associated standard, to each of these sections in the regulations. As well, proposed changes in each section will provide that an applicant for the relevant commercial pilot licence who has not met the night flight time requirements for the licence and, therefore, has been allowed to exercise the privileges of the licence during daylight flying only, shall have the restriction removed once the night flight time requirements have been met.

The title of section 401.30 is to be changed to AeroplanesPrivileges and Requirements and that of section 401.31, to HelicoptersPrivileges and Requirements.

Section 401.67 Flight Test Records

As a result of a proposed change to section 401.67, the Minister shall ensure that required follow-up action from a flight test is carried out in accordance with the standards.

Section 405.21 Qualifications of Flight Instructors

The proposed amendments to this section will establish references to existing requirements for flight training related to the issue of a pilot permit — gyroplane in the standards. No new requirements will be introduced by these proposed amendments to section 405.21.

In addition, another proposed amendment to this section will permit a person who conducts ground school instruction for a flight instructor rating to obtain a written authorization from the Minister to conduct the ground school instruction in accordance with the standards.

Section 406.02 Application

A minor editorial change with no operational impact is proposed for section 406.02.

Section 406.11 Issuance or Amendment of a Flight Training Unit Operator Certificate

A proposed amendment to section 406.11 Issuance or Amendment of a Flight Training Unit Operator Certificate will transfer certain existing requirements for issue or amendment of an FTU operator certificate from the accompanying standard section 426.11 Issuance or Amendment of Flight Training Unit Operator Certificate to regulation section 406.11. A proposed amendment to the corresponding section of the standards will set forth the detailed information required to be submitted by an applicant, including the qualifications and experience of the person appointed as chief flight instructor, the name of the person who exercises control over the FTU and, if the certificate holder is a corporation, the name of the accountable executive who is to represent the corporation in matters related to the FTU operator certificate as well as other requirements specific to the integrated course and discussed under that topic.

Section 406.12 Contents of a Flight Training Unit Operator Certificate

An editorial amendment proposed for section 406.12 Contents of a Flight Training Unit Operator Certificate will replace the inconsistency between the references to a "class of aeroplane" and a "type of helicopter" with "class and type of aeroplane" and "type of helicopter." Also, a provision to include specific conditions with respect to sub-bases (which FTUs conducting an integrated course may establish) will be added to section 406.12.

Section 406.13 General Conditions of Issuance of a Flight Training Unit Operator Certificate

Some editorial changes are proposed for section 406.13 as well as changes to include information specific to FTUs conducting a commercial pilot licence integrated course. The title will be changed to "General Conditions of a Flight Training Unit Operator Certificate."

Section 406.21 Appointment of Chief Flight Instructor

Minor editorial changes with no operational impact are proposed for section 406.21.

Section 406.22.1 Requirements for Assistant Chief Flight Instructor

This proposed new section will require a person appointed as an assistant chief flight instructor to have the qualifications for the position as set out in the personnel licensing standards and to acknowledge in writing that he or she knows, accepts and will carry out the responsibilities of the position that are assigned in writing by the chief flight instructor.

The proposed accompanying standard 426.22.1 will require a person appointed as an assistant chief flight instructor to have a Class 1, Class 2 or Class 3 flight instructor rating for the category of aircraft in which the flight training is to be conducted. The person appointed may not be undergoing follow-up action intended to address his or her instructional deficiencies which have led to an unacceptable number of failures in students which that instructor has recommended for flight tests in accordance with the standards.

Section 406.24 Appointment of Ground Instructors

A proposed amendment to section 406.24 Appointment of Ground Instructors and a proposed corresponding new standard will introduce a requirement for a ground instructor at an FTU who does not hold a valid flight instructor rating in the appropriate category to demonstrate to the chief flight instructor (CFI) or to a designated responsible individual that he or she has sufficient aviation experience to have technical competence in the subjects he or she is to teach. The designated individual may occupy the position of assistant CFI or check instructor (the check instructor is a position specific to the integrated course) at the FTU. At present, there are no minimum qualifications set forth for ground instructors other than the ability to demonstrate to the CFI a satisfactory level of practical and theoretical knowledge of the subject which the individual is to teach. The proposed amendment will permit a person who holds a flight instructor rating in the appropriate category to be appointed as a ground instructor.

Also, the ground instructor must be briefed on the duties and responsibilities of the position and on the applicable instructional techniques.

The title of section 406.24 is to be changed to Requirements for Ground Instructors.

Section 406.25 Instructor Records

Existing requirements in section 406.25 Instructor Records and its accompanying standard section 426.25 require each FTU to establish, maintain and retain personnel records for each ground and flight instructor. Proposed amendments to the section will require records to be established, maintained and retained for other operational personnel as well. The proposed amendments to the standard will add the record of the pre-employment briefing for each ground instructor and training information for each flight instructor to the information which must be kept. The title for these provisions will be changed to Operational Personnel Records to reflect the proposed new requirements.

Alternatives

Integrated commercial pilot training course

A regulatory approach to the introduction of a competency-based, structured training course for the Canadian commercial pilot licence is necessary to certify that those FTUs which offer such an integrated course are, in fact, providing a course of the expected quality. Voluntary compliance with such standards would not provide potential candidates with the same assurance as to the quality of the course. Without such accreditation, a market for courses of this high quality is unlikely to develop and the courses will not be provided. The benefits for the industry and for the economy, if achieved at all, would be significantly less without regulatory oversight.

Although courses similar to the integrated course may currently be offered in Canada, the legitimacy provided by regulatory oversight is missing for them. The regulatory underpinning of the proposed new training approach will bolster international recognition of Canada's flight training industry, thereby enhancing Canada's international reputation and that of the graduates of these training courses. This proposed approach to Canadian flight training is part of an international movement toward more structured pilot training programs which has been gaining momentum in the European Union, Australia, New Zealand and the United States.

There is no non-governmental organization with the credibility to provide the necessary reliable assurance regarding the quality of a training program for the Canadian commercial pilot licence. Non-government organizations such as the Canadian Standards Association (CSA) have been established in many areas to develop and monitor standards and to provide an unbiased assurance of the quality of products of companies who apply for accreditation and who maintain the quality standard for the relevant product. In some professional areas, such as engineering, law and medicine, the control of product quality has been assigned to a self-governing professional organization. Historically, neither principle has been applied in aviation. The governing body both in Canada and in other jurisdictions has been the regulatory authority.

The total package of proposed regulatory changes will create enforceable criteria against which the quality of the content offered and the process followed by the provider of an integrated course can be evaluated. The retention of an FTU's authority to offer an integrated course will attest to its satisfaction of those criteria. Continuing monitoring and the potential for withdrawal of accreditation or other enforcement action will ensure the continuation of satisfactory performance by the FTU and give the potential trainee the necessary information as to the quality of the product. No alternative to the proposed regulatory action will provide this result.

Proposed changes affecting all FTUs

There is no alternative to regulatory action to achieve the goals of those components of these proposed Regulations Amending the Canadian Aviation Regulations (Parts I and IV) which apply to all FTUs rather than solely to those choosing to offer an integrated course of training for the CPL(A). The extension of regulatory oversight cannot be achieved in any way other than through amendments to the CARs.

Strategic environmental assessment

A preliminary scan of this initiative has been done in accordance with the criteria of Transport Canada's Strategic Environmental Assessment Policy StatementMarch 2001. It is concluded from the preliminary scan that a detailed analysis is not necessary. Further assessments or studies regarding environmental effects of this initiative are not likely to yield a different determination.

Benefits and costs

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.

Integrated commercial pilot training course

To ensure all applicants meet the same baseline requirements prior to issue of a CPL(A), the current regulatory approach depends on written examinations and flight tests which must be completed to a nationwide standard by each applicant and on monitoring the competence of individual flight instructors. The training process by which all necessary exercises and subjects are covered in sufficient depth to enable an applicant to pass the written examination and the flight test is left to the FTU, the instructor and the candidate to determine.

Although operators of an FTU may currently be offering a training course which is the equivalent of the proposed integrated course of competency-based training, official accreditation with accompanying monitoring oversight is needed to provide the potential trainee/customer with the assurance that the course conforms to the quality of national standards in all its aspects. For highly specialized goods and services, the purchase of which represents a significant investment of resources and for which the quality is very important, while, at the same time, being difficult for a non-specialist to evaluate prior to purchase, third-party accreditation provides information with respect to product quality at low cost to the potential purchaser of the product. This service benefits both the seller of a high quality product and the purchaser.

Benefits

The proposed introduction of a regulatory structure which must be followed by an FTU which intends to provide a competency-based integrated course of training for a CPL(A) will improve international recognition of Canadian aviation training and will increase the productivity of pilots trained in such a manner in the initial stages of their careers.

Accreditation of course quality by the regulatory authority will reassure aviation authorities in other jurisdictions as to the quality of the proposed integrated courses. At present, barriers exist between Canada and the countries within the European Union which inhibit the use of aviation documents earned in Canadian-supplied courses by nationals of European Union countries to qualify for equivalent documents in their own jurisdictions. Competency-based training is in line with the international training standards being promoted by the International Civil Aviation Organization (ICAO). Its introduction into Canadian regulations will narrow the perceived disparity between Canadian training for professional pilots and that required by member countries of the European Union. Canadian commercial pilot training courses will become more attractive to foreign students. Bilateral agreements with such countries as Holland and the United Kingdom will be easier to negotiate. Entry to the international market for aviation training will be eased and the Canadian aviation industry will benefit from the access to additional students.

The introduction of a competency-based structured training course for a CPL(A) will benefit the Canadian aviation industry and the economy by producing professional pilots who will enter their careers having been more intensively trained to a known standard of quality. These pilots can be expected to require less on-the-job experience to attain similar levels of professional maturity and productivity at an earlier point in their careers than the majority of those who do not choose such training. The success of this process can be expected to be seen in reduced search time for graduates of integrated courses to find positions as professional pilots in the initial stages of their careers.

The proposed amendments recognizing an integrated course for training for a commercial pilot licence on aeroplanes will provide certain advantages to the operators of those FTUs at which such a course is provided. The minimum experience required for a graduate of an integrated course (without the multi-engine, IFR addition) will be 150 hours of flight time as compared to 200 hours for the graduate of a non-integrated course. FTUs at which an integrated course is offered will be able to operate sub-bases as well as main bases and satellite facilities. As well, FTUs offering an integrated course will be able to use their accreditation as a marketing tool both within Canada and abroad, as discussed under "Alternatives".

These advantages may or may not be translated into cost advantages. Although the reduced flight time requirement can be perceived as a cost saving, the additional ground training requirements and the addition of five hours on complex aeroplanes (which are typically more expensive to operate) will increase an FTU's costs of operation. The additional monitoring procedures to be introduced with these proposed regulations will also impose additional costs where the integrated course is offered. On balance, little or no operational cost advantage appears likely to FTUs offering an integrated course.

Costs

The continuing availability of the existing course for earning a CLP(A) will ensure that there is no regulatory compulsion for an FTU to offer an integrated course or for a candidate to choose such a course. Therefore, the choice of either action will indicate that the relevant private evaluation has shown that the benefit either from offering an integrated course on the part of the operator of the FTU or from choosing to enroll in an integrated course on the part of a trainee outweighs the cost to the FTU or to the individual of the choice.

Proposed changes affecting all FTUs

Many of the proposed amendments which will affect all FTUs will simply bring within regulatory oversight current practices which are commonly followed throughout the flight training industry. These proposals are expected to have little or no net benefit-cost impact upon the training industry. Among them are those in section 401.06 Issuance and Endorsement of Flight Crew Permits, Licences and Ratings; those in 401.14 Flight Test Prerequisites and its accompanying standard 421.14; those in section 405.21 Qualifications of Flight Instructors; those in section 406.11 Issuance or Amendment of a Flight Training Unit Operator Certificate; and those in section 406.12 Contents of a Flight Training Unit Operator Certificate. As well, editorial changes with no operational and, hence, no benefit-cost impact are introduced in six sections. (see footnote 2)

The proposed definitions being introduced in section 400.01 Interpretation are intended to apply to the new integrated courses for the CPL(A) and are not likely to have any impact on FTUs not offering such courses.

The benefit-cost evaluations of proposed amendments which introduce new requirements for all FTUs to two existing sections follow, as does the evaluation for proposed new section 406.22.1 Requirements for Assistant Chief Flight Instructor.

Section 406.24 Appointment of Ground Instructors

The proposed amendment to require a candidate for a post as ground instructor who does not hold a valid flight instructor rating in the appropriate category to demonstrate competence to the CFI or to a designated responsible individual will enhance the responsibility of CFIs to assure themselves of the competency of the individuals providing ground instruction under their supervision. The resulting benefit-cost impact on flight training is expected to be positive.

Section 406.25 Instructor Records

The proposed amendments to section 406.25 Instructor Records and its accompanying standard will require the record of the pre-employment briefing for each ground instructor and records of training information for each flight instructor employed at an FTU to be retained. There will be some minor cost from the addition of these records to those personnel files which must already be retained under the CARs or for other employment purposes. However, the ability to track evidence of pre-employment qualifications of ground instructors and of ongoing training for flight instructors is expected to provide a benefit, in ensuring the qualifications of flight training personnel, which will equal or exceed such minor costs.

Proposed section 406.22.1 Requirements for Assistant Chief Flight Instructor

The proposal to set forth in the CARs minimum qualifications for assistant CFIs, when such positions are filled, are not expected to be burdensome to FTU operators nor are they expected to limit flight instructor career opportunities. An assistant CFI fills a position of responsibility as the deputy for the CFI when that person is absent from duty. The position also entails an ongoing responsibility for supervision of less experienced instructors. The qualifications represent the minima which any employer would expect of a person in such a responsible position. There will be no requirement for an FTU not offering an integrated course to appoint an assistant CFI. When the potential effect upon the efficient and safe operation of an FTU if a less qualified assistant CFI were appointed is considered, it is unlikely these proposed requirements will change current employment practices in the flight training industry. Thus, no benefit-cost impact is expected from this proposed amendment.

Summary of the benefit-cost analysis

The above analysis indicates that the benefit-cost impact upon the Canadian flight training industry from the proposed introduction of a regulatory structure for integrated courses for the CPL(A) is likely to be positive. Benefits to be expected from improved access to international markets for FTUs offering an integrated course and from increased access to entry-level employment for graduates of an integrated course will outweigh any additional costs which may result from the choice either to offer or to enroll in such a course.

Overall, the benefit-cost impact of the proposed amendments which will affect all FTUs is likely to be marginally positive. While many of these proposed changes acknowledge current practices in the training industry and, therefore, have no impact, those which will introduce new requirements will entail positive benefits which are expected to be greater than the marginal additional costs likely associated with them.

Consultation

Subsequent to the introduction of the CARs in 1996, the Regulation of Flight Training Working Group was established under the auspices of the Personnel Licensing and Training Technical Committee of the Canadian Aviation Regulation Advisory Council (CARAC). This Working Group was tasked with reviewing the current regulatory framework governing flight training in Canada and with making recommendations for changes that would improve efficiency and effectiveness. The Working Group recommended that an integrated course of commercial pilot training be developed. These proposed amendments represent the implementation of that recommendation.

These proposed amendments to the Regulations have been consulted with members of the Personnel Licensing and Training Technical Committee of the CARAC. The actively participating members of the Personnel Licensing and Training Committee of the CARAC include the Aero Club of Canada, Air Canada, the Air Line Pilots Association (ALPA), 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 Association of Aviation Colleges, Canadian Airlines International Ltd., (see footnote 3) 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 Personnel Licensing and Training Committee reviewed these proposed amendments at meetings in December 1999 and June 2001. The Committee accepted the proposed amendments presented at the December 1999 meeting subject to a dissent by the Air Line Pilots Association (ALPA). At the June 2001 meeting, the Air Transport Association of Canada (ATAC) presented dissents to several of the proposals. The Committee accepted the proposals subject to ATAC's dissents.

The proposed amendments from the December 1999 Technical Committee meeting were presented at the Civil Aviation Regulatory Committee (CARC), which is composed of senior managers in the Civil Aviation Directorate of the Department of Transport, at a meeting conducted over two days in October and December 2000. The ALPA dissent was presented to CARC at that meeting. ALPA was concerned that the proposed minimum requirement that a flight instructor for an integrated course have a flight instructor rating even if the individual also has an airline transport pilot licence would exclude experienced pilots from acting as flight instructors in such a course. This dissent was declined since flight instructor qualifications and other similar issues are being studied by Departmental officials and industry stakeholders with a view to possible changes. The members of CARC approved the package as presented in October/December 2000.

The proposed amendments from the June 2001 meeting of the Technical Committee were presented to CARC at their meeting in May 2002. Of these proposed amendments, ATAC objected as follows:

(1) The identification of an integrated course as an "approved" course has not been fully discussed, and ATAC is concerned about the degree of regulatory control implied.

(2) The inclusion of a definition of operational control specific to Part IV when there was a different use of the term in Part VII Commercial Air Services, Subpart 5 Airline Operations (Subpart 705), could lead to confusion.

(3) The introduction of a regulatory requirement for commercial pilot licence applicants to successfully complete the written examination before undertaking a flight test will limit industry flexibility to accommodate unusual but legitimate circumstances.

(4) The introduction of a requirement for FTUs offering an integrated course to conduct all their operations, including those which are not part of the integrated course, in accordance with a flight training operations manual and a training manual is unnecessarily restrictive.

The ATAC dissents were declined by the CARC on the following grounds:

(1) An integrated course needs to be "approved" rather than "registered or certified" to link such courses to the ICAO standard, to parallel the European Joint Aviation Authorities (JAA) standards and to give the Minister assurance that the courses are properly structured before students are enrolled.

(2) The reference to "operational control" in Subpart 705 focuses specifically on operations conducted under that Subpart and is not suitable for Part IV operations. A definition is needed to provide a common understanding of operational control in flight training and to make such control more systematic.

(3) The requirement for applicants for a commercial pilot licence to have successfully completed the written examination before undertaking a flight test is important to ensure that commercial pilots have the knowledge necessary to operate safely.

(4) The need for FTUs offering an integrated course to operate in accordance with the flight training operations manual and the training manual is based on the need for a documented system to assure control of flight operations and integrated course training.

The members of CARC approved the proposed amendments in the package presented in May 2002.

Compliance and enforcement

These proposed 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.

Contact

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

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 (Parts I and 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 must be in writing and cite the Canada Gazette, Part I, and the date of publication of this notice, 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.

Ottawa, April 27, 2006

DIANE LABELLE
Acting Assistant Clerk of the Privy Council

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

AMENDMENTS

1. The references "Subsection 401.30(3)" and "Subsection 401.31(3)" in column I of Subpart 1 of Part IV of Schedule II to Subpart 3 of Part I of the Canadian Aviation Regulations (see footnote 4) and the corresponding amounts in column II are replaced by the following:

Column I

Designated Provision
Column II

Maximum Amount of Penalty ($)
  Individual Corporation
Subsection 401.30(3) 5,000 25,000
Subsection 401.31(3) 5,000 25,000

2. The reference "Section 405.21" in column I of Subpart 5 of Part IV of Schedule II to Subpart 3 of Part I of the Regulations and the corresponding amounts in column II are replaced by the following:

Column I

Designated Provision
Column II

Maximum Amount of Penalty ($)
  Individual Corporation
Subsection 405.21(1) 5,000 25,000

3. (1) Part IV of Schedule II to Subpart 3 of Part I of the Regulations is amended by adding the following after the reference "Subsection 406.05(2)":

Column I

Designated Provision
Column II

Maximum Amount of Penalty ($)
  Individual Corporation
Section 406.14 3,000 15,000

(2) Part IV of Schedule II to Subpart 3 of Part I of the Regulations is amended by adding the following after the reference "Section 406.22":

Column I

Designated Provision
Column II

Maximum Amount of Penalty ($)
  Individual Corporation
Section 406.22.1 3,000 15,000
Section 406.22.2 3,000 15,000
Section 406.22.3 3,000 15,000

(3) The reference "Section 406.25" in column I of Subpart 6 of Part IV of Schedule II to Subpart 3 of Part I of the Regulations and the corresponding amounts in column II are replaced by the following:

Column I

Designated Provision
Column II

Maximum Amount of Penalty ($)
  Individual Corporation
Section 406.25 3,000 15,000

(4) Part IV of Schedule II to Subpart 3 of Part I of the Regulations is amended by adding the following after the reference "Subsection 406.47(2)":

Column I

Designated Provision
Column II

Maximum Amount of Penalty ($)
  Individual Corporation
Section 406.50 3,000 15,000

(5) Part IV of Schedule II to Subpart 3 of Part I of the Regulations is amended by adding the following after the reference "Subsection 406.58(2)":

Column I

Designated Provision
Column II

Maximum Amount of Penalty ($)
  Individual Corporation
Subsection 406.61(1) 3,000 15,000
Subsection 406.61(3) 3,000 15,000
Subsection 406.61(4) 3,000 15,000
Subsection 406.61(6) 3,000 15,000
Subsection 406.61(7) 1,000 5,000
Subsection 406.61(9) 1,000 5,000
Subsection 406.61(10) 1,000 5,000
Subsection 406.62(1) 3,000 15,000
Subsection 406.62(3) 3,000 15,000
Subsection 406.62(4) 3,000 15,000
Subsection 406.63(1) 1,000 5,000
Subsection 406.63(2) 1,000 5,000
Section 406.64 1,000 5,000
Subsection 406.71(2) 3,000 15,000
Section 406.76 1,000 5,000

4. (1) The definition "operational control" in subsection 400.01(1) of the Regulations is replaced by the following:

"operational control" means the exercise of authority over the initiation, continuation, diversion or termination of a flight in the interest of the safety of the aircraft and the regularity and efficiency of the flight; (contrôle d'exploitation)

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

"complex aeroplane" means an aeroplane that has flaps and a constant-speed propeller and, except in the case of a seaplane, retractable landing gear; (avion complexe)

"employed on a full-time basis" means working for a flight training unit on a continuous basis for at least the number of hours required to carry out the duties of the position intended to ensure the safe operation of the flight training service; (employé à temps plein)

"flight following" means the monitoring of a flight's progress, the provision of any operational information that might be requested by the pilot-in-command, and the notification of the flight training unit and search-and-rescue authorities if the flight is overdue or missing; (suivi de vol)

"flight watch" means maintaining current information on the progress of a flight and monitoring all factors and conditions that might affect the flight; (surveillance de vol)

"integrated course" means a course of pilot training developed using the principles of instructional systems design, in which all instructional stages are completed as one continuous course and the flight training elements are interrelated and sequenced to provide for the efficient achievement of the learning objectives; (cours intégré)

"pilot's self-dispatch" means a flight where the pilot-in-command is solely responsible for flight watch; (régulation du vol par le pilote)

"sub-base" means a location at which a flight training unit positions aircraft and personnel and from which operational control is exercised in accordance with the flight training operations manual and operational control system; (base secondaire)

5. Subsection 401.06(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 subparagraph (b)(v) and by adding the following after paragraph (b):

(c) that the applicant has successfully completed, within the applicable period specified in the personnel licensing standards preceding the date of application for the permit, licence or rating, a flight test in accordance with the personnel licensing standards.

6. Section 401.14 of the Regulations is amended by striking out the word "and" at the end of paragraph (c), by adding the word "and" at the end of paragraph (d) and by adding the following after paragraph (d):

(e) for applicants for a commercial pilot licence — aeroplane or helicopter, knowledge.

7. The heading before section 401.30 of the Regulations is replaced by the following:

Aeroplanes — Privileges and Requirements

8. (1) Subsection 401.30(1) of the Regulations is amended by striking out the word "and" at the end of subparagraph (c)(ii), by adding the word "and" at the end of paragraph (d) and by adding the following after paragraph (d):

(e) exercise private pilot licence — aeroplane privileges until the end of the medical validity period specified for the private pilot licence.

(2) Section 401.30 of the Regulations is amended by adding the following after subsection (3):

(4) The Minister shall remove the daylight-flying-only restriction if an applicant meets the night flight time requirements of the personnel licensing standards.

9. The heading before section 401.31 of the Regulations is replaced by the following:

Helicopters — Privileges and Requirements

10. (1) Subsection 401.31(1) of the Regulations is amended by striking out the word "and" at the end of subparagraph (b)(ii), by adding the word "and" at the end of paragraph (c) and by adding the following after paragraph (c):

(d) exercise private pilot licence — aeroplane privileges until the end of the medical validity period specified for the private pilot licence.

(2) Section 401.31 of the Regulations is amended by adding the following after subsection (3):

(4) The Minister shall remove the daylight-flying-only restriction if an applicant meets the night flight time requirements of the personnel licensing standards.

11. Subsection 401.67(2) of the Regulations is replaced by the following:

(2) Where the evaluation of a flight test record done pursuant to subsection (1) indicates that follow-up action is required, the Minister shall ensure that the follow-up action is carried out in accordance with the personnel licensing standards.

12. Section 405.21 of the Regulations is replaced by the following:

405.21 (1) No person shall conduct flight training or a flight review unless the person is qualified as a flight instructor in accordance with the personnel licensing standards.

(2) In cases where a qualified gyroplane flight instructor is not available, a person may conduct the gyroplane training that has to be acquired to satisfy the experience requirement for the issuance of a pilot permit — gyroplane if the person obtains a written authorization from the Minister to conduct the training in accordance with subsection 421.84(4) of the personnel licensing standards.

(3) A person who conducts flight training toward the issuance of an aircraft type rating may, in the case of training for a holder of a pilot permit — gyroplane, obtain a written authorization from the Minister to conduct the flight training in accordance with paragraph 425.21(7)(c) of the personnel licensing standards if the authorization is in the public interest and is not likely to affect aviation safety.

(4) A person who conducts flight training toward the issuance of an aircraft type rating may, in the case of training for a holder of a student pilot permit — gyroplane, obtain a written authorization from the Minister to conduct the flight training in accordance with paragraph 425.21(7)(d) of the personnel licensing standards if the authorization is in the public interest and is not likely to affect aviation safety.

(5) A person who conducts ground school instruction toward the issuance of a flight instructor rating may obtain a written authorization from the Minister to conduct the ground school instruction in accordance with the personnel licensing standards.

13. Subparagraph 406.02(a)(vii) of the Regulations is replaced by the following:

(vii) a multi-engine class rating,

14. Section 406.11 of the Regulations is renumbered as subsection 406.11(1) and is amended by adding the following:

(2) For the purposes of subsection (1), an applicant shall have

(a) a management organization capable of exercising operational control;

(b) managerial personnel who are employed on a full-time basis and who perform the duties related to the following positions:

(i) chief flight instructor,

(ii) flight instructor,

(iii) ground instructor, and

(iv) if the applicant does not hold an approved maintenance organization certificate, a maintenance manager;

(c) aircraft that are properly equipped for and flight crew members who are qualified for the type of flight training that is being conducted;

(d) an operational control system that meets the requirements of section 406.50;

(e) a training program that meets the requirements of this Subpart;

(f) legal custody and control of at least one aircraft or, in the case of an applicant for a flight training unit operator certificate who conducts an integrated course, one aircraft of each class of aircraft that is to be operated;

(g) in the case of an applicant for a flight training unit operator certificate who conducts an integrated course or who operates a sub-base, a flight training operations manual that meets the requirements of section 406.61 and, in the case of an applicant who conducts an integrated course, a training manual that meets the requirements of section 406.62; and

(h) a maintenance control system approved under this Subpart.

15. Subparagraphs 406.12(f)(i) and (ii) of the Regulations are replaced by the following:

(i) the main base and, if applicable, for flight training units conducting training in accordance with a flight training operations manual, sub-bases,

(ii) the class and type of aeroplane or the type of helicopter, and

16. Section 406.13 of the Regulations and the heading before it are replaced by the following:

General Conditions of a Flight Training Unit Operator Certificate

406.13 A flight training unit operator certificate shall contain the following general conditions:

(a) the flight training unit shall maintain the organizational structure referred to in paragraph 406.11(1)(a);

(b) the flight training unit shall have the personnel referred to in the personnel licensing standards;

(c) the flight training unit shall have aircraft that are properly equipped for the geographic area of operation and the type of authorized training;

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

(e) the flight training unit shall conduct flight training in accordance with the provisions of Subpart 5 and Division V of this Subpart and, if the flight training unit conducts an integrated course or operates a sub-base, it shall also conduct flight training in accordance with the flight training operations manual;

(f) the flight training unit shall, when required to establish and maintain a training manual in accordance with section 406.62, conduct training in accordance with that training manual;

(g) the flight training unit shall notify the Minister of any change in its legal name, trade name, base of operations or managerial personnel within 10 working days after the change; and

(h) the flight training unit shall conduct a safe operation.

17. The reference "[406.14 to 406.18 reserved]" after section 406.13 of the Regulations is replaced by the following:

Quality Assurance Program — Integrated Course

406.14 A flight training unit that conducts an integrated course shall establish and maintain a quality assurance program that meets the personnel licensing standards in order to ensure that the flight training unit continues to comply with the conditions and specifications in the flight training unit operator certificate.

[406.15 to 406.18 reserved]

18. Subsection 406.21(1) of the Regulations is replaced by the following:

406.21 (1) Subject to subsections (3) and (4), a flight training unit shall

(a) appoint a chief flight instructor; and

(b) ensure that the person appointed as chief flight instructor meets the requirements set out in section 406.22.

19. The Regulations are amended by adding the following after section 406.22:

Requirements for Assistant Chief Flight Instructor

406.22.1 No flight training unit shall appoint a person as an assistant chief flight instructor and no person shall act as an assistant chief flight instructor unless the person

(a) has the qualifications required for the position, as set out in the personnel licensing standards; and

(b) acknowledges in writing that the person knows, accepts and will carry out the responsibilities of the position, as assigned in writing by the chief flight instructor.

Appointment of Check Instructor

406.22.2 A flight training unit conducting an integrated course in accordance with Division VIII of this Subpart shall

(a) appoint a check instructor; and

(b) ensure that the person appointed as check instructor meets the requirements set out in section 406.22.3.

Requirements for Check Instructor

406.22.3 No person shall act as a check instructor unless the person is a chief flight instructor or

(a) has the qualifications required for the position, as set out in the personnel licensing standards; and

(b) acknowledges in writing that the person knows, accepts and will carry out the responsibilities of the position, as assigned in writing by the chief flight instructor.

20. The heading before section 406.24 and sections 406.24 and 406.25 of the Regulations are replaced by the following:

Requirements for Ground Instructors

406.24 No flight training unit shall appoint a person as a ground instructor and no person shall act as a ground instructor unless the person holds a flight instructor rating in the appropriate category or meets the personnel licensing standards.

Operational Personnel Records

406.25 A flight training unit shall, at its main base or sub-base, as applicable, establish, maintain and retain for at least two years after an entry is made, for each ground instructor, each flight instructor and every other member of its operational personnel, a record that meets the personnel licensing standards.

21. The reference "[406.48 to 406.50 reserved]" after section 406.47 of the Regulations is replaced by the following:

[406.48 and 406.49 reserved]

22. The heading "DIVISION V—FLIGHT TRAINING OPERATIONS" of Subpart 6 of Part IV of the Regulations after the reference "[406.48 and 406.49 reserved]" is replaced by the following:

DIVISION V — FLIGHT TRAINING OPERATIONS

Operational Control System

406.50 No flight training unit that conducts flight training in accordance with a flight training operations manual that has been approved by the Minister shall operate an aircraft unless the flight training unit has an operational control system that meets the personnel licensing standards and is under the control of its chief flight instructor.

23. The Regulations are amended by adding the following after the reference "[406.59 and 406.60 reserved]":

DIVISION VI — MANUALS AND COURSE CERTIFICATES

Flight Training Operations Manual

406.61 (1) Every flight training unit that conducts an integrated course or operates a sub-base shall establish and maintain a flight training operations manual that includes the instructions and information necessary to enable the personnel concerned to perform their duties safely and that meets the personnel licensing standards.

(2) The flight training operations manual may be issued in separate parts corresponding to specific aspects of operations.

(3) Whenever the flight training operations manual no longer meets the personnel licensing standards, the flight training unit shall amend it to bring it into compliance with the standards.

(4) A flight training unit shall submit to the Minister its flight training operations manual and, if they relate to the information required by the personnel licensing standards, any separately issued parts and any subsequent amendments to them or to the manual.

(5) If the personnel licensing standards are met, the Minister shall approve the parts of a flight training operations manual that relate to the information required by the personnel licensing standards and any subsequent amendments to the parts.

(6) A flight training unit shall distribute its flight training operations manual, any separately issued parts and any subsequent amendments to the manual or parts in accordance with the personnel licensing standards.

(7) The chief flight instructor shall maintain a master list of the holders of the flight training operations manual and ensure that the manual is distributed in accordance with the list.

(8) The following operational personnel shall hold copies of the flight training operations manual and shall be responsible for its amendment:

(a) the chief flight instructor;

(b) the assistant chief flight instructor;

(c) the check instructor; and

(d) the person responsible for the maintenance control system or the approved maintenance organization.

(9) The chief flight instructor shall make manuals available to all other operational personnel who are involved in operational control, including flight instructors, students and, if applicable, flight dispatchers.

(10) Every person who has been provided with a copy of the appropriate parts of a flight training operations manual pursuant to subsections (7) and (8) shall keep it up to date by inserting in it the amendments provided and shall ensure that the appropriate parts are accessible when the person is performing assigned duties.

Training Manual

406.62 (1) Every flight training unit that conducts an integrated course shall establish and maintain a training manual that meets the personnel licensing standards.

(2) The training manual may be issued in separate parts corresponding to specific aspects of the integrated course.

(3) Whenever the training manual no longer meets the personnel licensing standards, the flight training unit shall amend its manual to bring it into compliance with the standards.

(4) A flight training unit shall submit to the Minister its training manual and, if they relate to the information required by the personnel licensing standards, any separately issued parts and any subsequent amendments to them or to the manual.

(5) If the personnel licensing standards are met, the Minister shall approve the parts of a training manual that relate to the information required by the personnel licensing standards and any subsequent amendments to the parts.

Certificate of Enrolment

406.63 (1) A flight training unit that conducts an integrated course shall provide to each trainee, at the start of the course, a certificate of enrolment that meets the personnel licensing standards.

(2) A flight training unit that conducts an integrated course shall maintain a current list of the trainees enrolled in each integrated course conducted by the flight training unit.

Course Completion Certificate

406.64 A flight training unit that conducts an integrated course shall provide to each trainee, on successful completion of the course, a course completion certificate that meets the personnel licensing standards.

[406.65 to 406.70 reserved]

DIVISION VII — TRAINING

Operational Personnel Training Program

406.71 (1) For the purposes of this section, "competency check" means a certification by the chief flight instructor or an instructor delegated by the chief flight instructor that a flight instructor conducting training under an integrated course has demonstrated in flight an ability to perform both normal and emergency manoeuvres appropriate to the most complex single-engined aeroplane to be used for the flight instruction.

(2) A flight training unit that conducts flight training in accordance with a flight training operations manual that has been approved by the Minister shall establish and maintain a ground and flight training program for operational personnel as follows:

(a) indoctrination training is required upon employment for all persons assigned to an operational control function, including chief flight instructors, assistant chief flight instructors, flight instructors and persons responsible for flight following;

(b) the training referred to in paragraph (a) shall ensure that persons involved in the control of flight operations are aware of their responsibilities, know reporting relationships and are competent to fulfil their assigned duties related to flight training operations;

(c) the training referred to in paragraph (a) shall include a review of the flight training operations manual and the training manual, as applicable;

(d) each flight instructor who conducts training in accordance with an integrated course shall, before receiving authorization to conduct the training, successfully complete the following exercises under the supervision of the chief flight instructor, assistant chief flight instructor or check instructor:

(i) the indoctrination training referred to in paragraph (a),

(ii) a review and a briefing on the contents of the flight training operations manual and the training manual, and

(iii) an initial competency check in each type of aircraft used in the integrated course in which the flight instructor conducts training; and

(e) each flight instructor who conducts training in accordance with an integrated course shall, every 12 months after the month in which the initial competency check was completed, successfully complete

(i) a recurrent competency check in one of the aircraft in which the flight instructor conducts training in accordance with an integrated course,

(ii) an in-flight monitoring of a training flight conducted by the flight instructor,

(iii) a flight test toward the issuance of a flight instructor rating, multi-engine class rating or instrument rating, or

(iv) a pilot proficiency check in accordance with Part VI or VII, as applicable.

[406.72 to 406.74 reserved]

DIVISION VIII — INTEGRATED COURSE

Requirements

406.75 An integrated course shall be conducted under the supervision of the chief flight instructor of a flight training unit that holds a flight training unit operator certificate and all the instructional stages shall be completed in one continuous course of training as arranged by that flight training unit in accordance with the personnel licensing standards.

Prerequisite

406.76 The flight training unit shall ensure that an applicant, before being admitted to an integrated course, has a secondary school diploma or equivalent in accordance with the personnel licensing standards.

Transfer

406.77 Any trainee wishing to transfer to another flight training unit during an integrated course shall apply to the other flight training unit for a formal assessment of the further hours of training required at that flight training unit. The assessment shall be recorded in the applicant's training record.

[406.78 and 406.79 reserved]

COMING INTO FORCE

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

[18-1-o]

Footnote 1

A contracting state is a state that is a party to the Convention which established the International Civil Aviation Organization (ICAO).

Footnote 2

Section 401.30 Aeroplanes – Privileges, section 401.31 Helicopters – Privileges, section 401.67 Flight Test Records, section 406.02 Application, section 406.13 General Conditions of Issuance of a Flight Training Unit Operator Certificate and section 406.21 Appointment of Chief Flight Instructor.

Footnote 3

This organization was in existence at the time of the development of this initiative and participated in the original consultation of the Notice of Proposed Amendments (NPAs) in 1999.

Footnote a

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

Footnote 4

SOR/96-433

 

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Updated: 2006-11-23