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Canadian Aviation Regulations

Version of section 404.04 from 2008-05-01 to 2014-04-12:

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

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

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

  • (1.1) A medical certificate is also renewed if it is signed, dated and stamped in accordance with paragraph 404.18(a).

  • (2) The Minister

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

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

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

  • (3) The Minister may

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

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

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

  • (5) A medical certificate is valid starting on the day on which the applicant signs the medical declaration submitted for the issuance or renewal of the certificate or on the day on which the medical examination for the issuance or renewal of the certificate is conducted until the earliest of

    • (a) the end of the validity period set out in the table to subsection (6) for the certificate,

    • (b) the end of any shorter validity period endorsed on the certificate by the Minister, and

    • (c) the day on which a new medical certificate is issued to the holder.

  • (6) Subject to subsection (9), the validity period of a medical certificate for a permit, licence or rating that is set out in column 1 of the table to this subsection is set out in column 2 if the holder of the permit, licence or rating is less than 40 years of age and in column 3 if the holder of the permit, licence or rating is 40 years of age or older.

    TABLE

    ItemColumn 1Column 2Column 3
    Licence, permit or ratingMedical certificate validity period if the holder is less than 40 years of ageMedical certificate validity period if the holder is 40 years of age or older
    1Airline transport pilot licence  —  aeroplane12 months6 months
    2Airline transport pilot licence  —  helicopter12 months6 months
    3Commercial pilot licence  —  aeroplane12 months6 months
    4Commercial pilot licence  —  helicopter12 months6 months
    5Private pilot licence  —  aeroplane60 months24 months
    6Private pilot licence  —  helicopter60 months24 months
    7Pilot licence  —  glider60 months60 months
    8Pilot licence  —  balloon60 months24 months
    9Pilot permit  —  recreational60 months24 months
    10Pilot permit  —  gyroplane60 months24 months
    11Pilot permit —  ultra-light aeroplane60 months60 months
    12Flight instructor rating  —  glider60 months60 months
    13Flight instructor rating  —  ultra-light aeroplane60 months60 months
    14Flight engineer licence12 months12 months
    15Air traffic controller licence24 months12 months
    16Student pilot permit  —  aeroplane60 months60 months
    17Student pilot permit  —  helicopter60 months60 months
    18Student pilot permit  —  glider60 months60 months
    19Student pilot permit  —  gyroplane60 months60 months
    20Student pilot permit  —  balloon60 months60 months
    21Student pilot permit  —  ultra-light aeroplane60 months60 months
  • (7) The end of the validity period of a medical certificate that is issued or renewed under subsection (1) is calculated from the first day of the month following

    • (a) the day on which the applicant signs the medical declaration submitted for the issuance or renewal of the certificate; or

    • (b) the day on which the medical examination for the issuance or renewal of the certificate is conducted.

  • (8) The end of the validity period of a medical certificate that is renewed in accordance with subsection (1.1) is calculated from

    • (a) the day on which the preceding validity period ends if the medical examination for the renewal of the certificate is conducted within 90 days before the end of that validity period; or

    • (b) the first day of the month following the day on which the medical examination for the renewal of the certificate is conducted if the examination is conducted more than 90 days before the end of the preceding validity period.

  • (9) The Minister may endorse a shorter validity period on a medical certificate if a physician referred to in section 404.16 recommends the shorter validity period in their medical report.

  • (10) Despite subsection (6), the Minister shall extend the validity period of a medical certificate for a period of not more than 60 days beginning on the day on which the certificate would otherwise expire, if

    • (a) the application for extension of the certificate is made while the certificate is still valid; and

    • (b) the applicant demonstrates that there has been no reasonable opportunity to undergo a medical examination within the 90 days before the day on which the certificate would otherwise expire.

  • SOR/2007-229, s. 2
  • SOR/2008-140, s. 5

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