Vol. 145, No. 26 — December 21, 2011

Registration

SOR/2011-284 December 2, 2011

AERONAUTICS ACT

Regulations Amending the Canadian Aviation Regulations (Parts Ⅰ and Ⅳ — Conduct of Flight Tests)

P.C. 2011-1392 December 1, 2011

His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 4.9 (see footnote a) of the Aeronautics Act (see footnote b), hereby makes the annexed Regulations Amending the Canadian Aviation Regulations (Parts Ⅰ and Ⅳ — Conduct of Flight Tests).

REGULATIONS AMENDING THE CANADIAN AVIATION REGULATIONS
(PARTS Ⅰ AND Ⅳ — CONDUCT OF FLIGHT TESTS)

AMENDMENTS

1. Paragraph 104.06(a) of the Canadian Aviation Regulations (see footnote 1) is replaced by the following:

  • (a) the processing of medical certificates referred to in item 21 of Schedule IV to this Subpart;

2. Subsection 400.03(1) of the Regulations is replaced by the following:

400.03 (1) Subject to subsection (3), written examinations, including all sections of a sectionalized examination, that are required for the issuance of a permit or licence or for the endorsement of a permit or licence with a rating shall be completed during the 24-month period preceding the date of the application for the permit, licence or rating.

3. Paragraph 401.05(3)(b) of the Regulations is replaced by the following:

  • (b) within the six months preceding the flight, acquired six hours of instrument time and completed six instrument approaches to the minima specified in the Canada Air Pilot in an aircraft, in actual or simulated instrument meteorological conditions, or in a Level B, C or D simulator of the same category as the aircraft or in a flight training device under the supervision of a person who holds the qualifications referred to in subsection 425.21(9) of the Personnel Licensing and Training Standards respecting Flight Training;

4. Section 401.15 of the Regulations is replaced by the following:

401.15 No person shall conduct a flight test required for the issuance or renewal of a flight crew permit or licence or for the endorsement of a flight crew permit or licence with a rating unless

  • (a) the person

    1. (i) is designated by the Minister to conduct the flight test, and

    2. (ii) meets the requirements of section 425.21 of the Personnel Licensing and Training Standards respecting Flight Training; and

  • (b) the flight test is conducted in accordance with

    1. (i) Subpart 8, in the case of an aeroplane or helicopter, or

    2. (ii) the personnel licensing standards, in any other case.

5. Clause 401.20(b)(i)(A) of the Regulations is replaced by the following:

  • (A) it is conducted under the direction and supervision of a flight instructor qualified in accordance with section 425.21 of the Personnel Licensing and Training Standards respecting Flight Training, and

6. Clause 401.21(d)(i)(A) of the Regulations is replaced by the following:

  • (A) it is conducted under the direction and supervision of a flight instructor qualified in accordance with section 425.21 of the Personnel Licensing and Training Standards respecting Flight Training, and

7. Clause 401.22(c)(i)(A) of the Regulations is replaced by the following:

  • (A) it is conducted under the direction and supervision of a flight instructor qualified in accordance with section 425.21 of the Personnel Licensing and Training Standards respecting Flight Training, and

8. Clause 401.23(b)(i)(A) of the Regulations is replaced by the following:

  • (A) it is conducted under the direction and supervision of a flight instructor qualified in accordance with section 425.21 of the Personnel Licensing and Training Standards respecting Flight Training, and

9. Clause 401.24(c)(i)(A) of the Regulations is replaced by the following:

  • (A) it is conducted under the direction and supervision of a flight instructor qualified in accordance with section 425.21 of the Personnel Licensing and Training Standards respecting Flight Training, and

10. Clause 401.25(b)(i)(A) of the Regulations is replaced by the following:

  • (A) it is conducted under the direction and supervision of a flight instructor qualified in accordance with section 425.21 of the Personnel Licensing and Training Standards respecting Flight Training, and

11. Clause 401.26(c)(i)(A) of the Regulations is replaced by the following:

  • (A) it is conducted under the direction and supervision of a flight instructor qualified in accordance with section 425.21 of the Personnel Licensing and Training Standards respecting Flight Training, and

12. Clause 401.27(b)(i)(A) of the Regulations is replaced by the following:

  • (A) it is conducted under the direction and supervision of a flight instructor qualified in accordance with section 425.21 of the Personnel Licensing and Training Standards respecting Flight Training, and

13. Paragraph 401.30(1)(d) of the Regulations is replaced by the following:

  • (d) if qualified as a flight instructor in accordance with section 425.21 of the Personnel Licensing and Training Standards respecting Flight Training, conduct flight instruction; and

14. Paragraph 401.31(1)(c) of the Regulations is replaced by the following:

  • (c) if qualified as a flight instructor in accordance with section 425.21 of the Personnel Licensing and Training Standards respecting Flight Training, conduct flight instruction; and

15. Section 401.55 of the Regulations is replaced by the following:

401.55 The Minister shall endorse a pilot permit — ultra-light aeroplane with a passenger-carrying rating if the applicant for the rating meets the requirements referred to in section 401.06.

16. The Regulations are amended by adding the following after the reference “[406.78 and 406.79 reserved]”:

SUBPART 7 — [RESERVED]

SUBPART 8 — CONDUCT OF FLIGHT TESTS

Interpretation

408.01 (1) Any reference in this Subpart to the flight testing standards is a reference to Standard 428 — Personnel Licensing and Training Standards respecting the Conduct of Flight Tests.

(2) The following definitions apply in this Subpart.

“air flight test item” means a flight test item performed using an aeroplane, helicopter or synthetic flight training equipment, including the pre-flight inspection, start-up, run-up, taxiing and emergency procedures. (exercice en vol)

“examiner” means a person designated by the Minister to conduct flight tests for the issuance or renewal of flight crew permits, licences or ratings for an aeroplane or helicopter. (examinateur)

“ground flight test item” means a flight test item performed prior to the pre-flight inspection of the aeroplane or helicopter. (exercice au sol)

Application

408.02 This Subpart applies in respect of the conduct, using an aeroplane, helicopter or synthetic flight training equipment, of flight tests required for the issuance or renewal of a flight crew permit, licence or rating.

[408.03 to 408.10 reserved]

Record of Flight Test

408.11 The Minister shall maintain a record of each flight test in accordance with this Subpart and the flight testing standards. The record shall contain the following information:

  • (a) an assessment of the results of each flight test item;

  • (b) the overall results; and

  • (c) whether the candidate passed or failed the flight test.

Prerequisite for Flight Test

408.12 Before conducting a flight test or partial re-test, the examiner shall ensure that they have received the documentation specified in section 1 of Schedules 1 to 18 to the flight testing standards, dated, if applicable, as specified in that section.

Aircraft and Equipment Required for a Flight Test

408.13 The examiner shall ensure that the candidate who takes a flight test provides the aircraft and equipment described in section 2 of Schedules 1 to 18 to the flight testing standards.

Flight Test

408.14 (1) In the case of a flight test conducted in accordance with Schedules 1 to 8 to the flight testing standards, a candidate successfully completes the flight test if

  • (a) the candidate completes all of the items set out in section 5 of those schedules; and

  • (b) the candidate receives at least the passing grade for the permit, licence or rating specified in the following table and does not fail any flight test item for any of the reasons set out in subsection 408.18(1).

TABLE

Permit, Licence or Rating

Passing Grade

Rating for Passenger-Carrying Ultra-Light Aeroplane

50%

Permit for Recreational Pilot — Aeroplane

50%

Licence for Private Pilot — Aeroplane

50%

Licence for Commercial Pilot — Aeroplane

70%

Licence for Private Pilot — Helicopter

50%

Licence for Commercial Pilot — Helicopter

70%

Multi-Engine Class Rating — Aeroplane

70%

Instrument Rating

60%

(2) In the case of a flight test conducted in accordance with Schedules 9 to 18 to the flight testing standards, a candidate successfully completes the flight test if

  • (a) the candidate completes all of the items set out in section 5 of those schedules; and

  • (b) the candidate successfully completes each item of the flight test and does not fail the test for any of the reasons set out in section 408.19.

Conduct of a Flight Test

408.15 (1) The examiner shall conduct a flight test in accordance with section 3 of Schedules 1 to 18 to the flight testing standards.

(2) The examiner shall evaluate the performance of a candidate in accordance with section 4 of Schedules 1 to 18 to the flight testing standards by verifying, during the flight test, the candidate’s knowledge and skills when performing the items set out in section 4 of those schedules, taking into account the general tolerances specified in that section. The examiner shall record the results on the form entitled Flight Test Report in the manner specified by the Minister.

(3) In the case of a flight test conducted in accordance with Schedules 1 to 8 to the flight testing standards, the examiner shall not take part in the pilotage of the aeroplane or helicopter during the flight test except in the cases set out in paragraph 3(b) of those schedules.

408.16 In the case of a flight test conducted in accordance with Schedules 1 to 8 to the flight testing standards, the examiner may have the candidate repeat an item if

  • (a) the item is discontinued for safety reasons;

  • (b) the examiner intervened on the flight controls to avoid a collision with another aircraft that the candidate could not see;

  • (c) the candidate understood the specific nature of the item but did not understand the examiner’s request to perform it; or

  • (d) the examiner was distracted to the point of not being able to adequately observe the candidate’s performance of the item.

Incomplete Flight Test

408.17 If the candidate has successfully completed some of the items during a flight test but the flight test cannot be completed for reasons beyond the candidate’s control, the subsequent flight test shall meet the following requirements:

  • (a) only the items that the candidate could not perform during the initial flight test shall be performed;

  • (b) the candidate shall take the subsequent flight test within

    1. (i) 60 days after the date of the incomplete flight test, in the case of a flight test described in Schedule 1 to the flight testing standards, or

    2. (ii) 30 days after the date of the incomplete flight test, in the case of a flight test described in Schedules 2 to 18 to the flight testing standards; and

  • (c) in the case of a flight test conducted in accordance with Schedule 8 to the flight testing standards, the subsequent flight test shall be conducted using an aircraft in the same instrument rating group as the aircraft used in the initial flight test.

Failure and Re-test — Schedules 1 to 8 to Flight Testing Standards

408.18 (1) In the case of a flight test conducted in accordance with Schedules 1 to 8 to the flight testing standards, a candidate fails the flight test if

  • (a) the candidate’s performance of an item includes deviations that are repeated or that the candidate either does not recognize or does not correct in a timely manner;

  • (b) the candidate’s handling of the aircraft is rough or includes uncorrected or excessive deviations from specified tolerances;

  • (c) the candidate, as a result of a pilot error or faulty handling of the aircraft, exceeds by more than double the deviation tolerances specified in the table to section 4 of Schedules 1 to 8 of those standards, even if a correction is made;

  • (d) the candidate does not demonstrate the level of technical proficiency or knowledge necessary to carry out the functions of a holder of a licence, permit or rating;

  • (e) the candidate has lapses in situational awareness that are not identified or corrected;

  • (f) the candidate’s flight management skills are ineffective; or

  • (g) the safety of the flight is compromised.

(2) A candidate who fails not more than two air flight test items described in Schedules 1 to 7 to the flight testing standards may take a re-test of each failed item within:

  • (a) 60 days after the date of the failed test, in the case of a flight test described in Schedule 1 to those standards; or

  • (b) 30 days after the date of the failed test, in the case of a flight test described in Schedules 2 to 7 to those standards.

(3) A candidate who fails not more than one air flight test item described in Schedule 8 to the flight testing standards may take a re-test of the failed item within 30 days after the date of the failed test.

(4) A candidate must take a complete re-test for a licence, permit or rating referred to in Schedules 1 to 8 to the flight testing standards if

  • (a) during a flight test, the candidate displays unsafe airmanship or dangerous flying resulting in the flight test being assessed as a failure;

  • (b) the candidate repeatedly fails to use appropriate and effective visual scanning techniques to ensure that the area is cleared before or while performing an item that involves visual manoeuvres;

  • (c) during a complete flight test, the candidate fails any ground flight test item;

  • (d) during a complete flight test, the candidate fails more than two air flight test items in the case of a flight test described in Schedules 1 to 7 to the flight testing standards or more than one air flight test item in the case of a flight test described in Schedule 8 to those standards;

  • (e) the candidate fails an item during a partial re-test; or

  • (f) the candidate does not complete a partial re-test within a period specified in subsection (2).

Failure of a Flight Test — Schedules 9 to 18 to Flight Testing Standards

408.19 In the case of a flight test conducted in accordance with Schedules 9 to 18 to the flight testing standards, a candidate fails the flight test if

  • (a) the candidate performs an air flight test item using unsafe airmanship or completes the item with major deviations from the level of competency required for the issuance of a commercial pilot licence — aeroplane or a commercial pilot licence — helicopter;

  • (b) the candidate fails to use appropriate and effective visual scanning techniques to ensure that the area is cleared before or while performing an item that involves visual manoeuvres;

  • (c) the candidate acts or fails to act in such a manner that the examiner is required to take corrective action to maintain safe flight;

  • (d) the candidate instructs, on the ground or in the air, in a manner that the examiner determines would result in a lack of understanding or in a misunderstanding that could lead to a dangerous flight situation;

  • (e) the candidate fails to accomplish the aim of one or more of the items of the flight test;

  • (f) the candidate does not demonstrate the level of technical proficiency or knowledge necessary to carry out the functions of a holder of a flight instructor rating; or

  • (g) the candidate displays an ineffective instructional technique.

COMING INTO FORCE

17. These Regulations come into force 60 days after the day on which they are published in the Canada Gazette, Part Ⅱ.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

These Regulations Amending the Canadian Aviation Regulations (Part Ⅰ and Part ⅠV) introduce new provisions (Subpart 408 — Conduct of Flight Tests) to regulate the conduct of flight tests on aeroplanes (including ultra-lights) and helicopters for the purpose of issuance or renewal of flight crew permits or licences or for the endorsement of flight crew permits and licences with a rating. They also include miscellaneous amendments to Part Ⅰ and Part ⅠV and corrections of certain provisions of the Regulations and standards of Subpart 401 — Flight Crew Permits, Licences and Ratings.

These amendments include

  • — the prerequisites for admission to a flight test;
  • — the aircraft and equipment requirements;
  • — the conduct of the examiner;
  • — what constitutes a failure;
  • — a summary of the exercises that must be demonstrated; and
  • — administrative corrections to Subpart 401 suggested by the Standing Joint Committee for the Scrutiny of Regulations.

Description and rationale

The conduct of flight tests comprises the administrative duties of examiners and provides rules for their interactions with candidates, flight training units and Transport Canada. Previously, these rules were set out in the following documents that support ministerial policy:

  • Standards of Subpart 401 Flight Crew Permits, Licences and Ratings regulate the issuance of personnel aviation documents and the privileges of their holders; and
  • TP 14277 — Pilot Examiner Manual, which outlines the instructions regarding the interactions of examiners with candidates, flight training units and Transport Canada.

These amendments relocate these rules and instructions from the policy material where they were previously located to subpart 408 of the Canadian Aviation Regulations. There is no new requirement being introduced.

Consultation

These amendments were developed through the Personnel Licensing and Training Technical Committee of the Canadian Aviation Regulation Advisory Council. Members of this committee include representatives of government, pilot associations (e.g. the Canadian Air Line Pilots Association; the Canadian Owners and Pilots Association; the Ultralight Pilots Association of Canada; the Aircraft Owners and Pilots Association), unions (e.g. Teamsters Canada), airlines (e.g. Air Canada), and operators associations (e.g. Air Transport Association of Canada). This committee recommended these amendments during their meeting of June 28, 2001.

As these amendments were presented for consultation in 2001, stakeholders were informed of the Department’s intention to move forward with this proposal by a letter sent on March 6, 2009. Stakeholders did not forward comments.

The proposed Regulations were pre-published in Part Ⅰ of the Canada Gazette on November 27, 2010, followed by a 30-day public comment period. No comments were received.

Implementation, enforcement and service standards

These amendments will be enforced 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 0N5
Telephone: 613-990-1184 or 1-800-305-2059
Fax: 613-990-1198
Web site: www.tc.gc.ca

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

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

Footnote 1
SOR/96-433