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• 401.05 (1) Despite any other provision of this Subpart, no holder of a flight crew permit, licence or rating, other than the holder of a flight engineer licence, shall exercise the privileges of the permit, licence or rating unless

  • (a) the holder has acted as pilot-in-command or co-pilot of an aircraft within the five years preceding the flight; or

  • (b) within the 12 months preceding the flight

    • (i) the holder has completed a flight review, in accordance with the personnel licensing standards, conducted by the holder of a flight instructor rating for the same category of aircraft,

    • (ii) the flight instructor who conducted the flight review has certified in the holder’s personal log that the holder meets the skill requirements for the issuance of the permit or licence set out in the personnel licensing standards, and

• (2) Despite any other provision of this Subpart, no holder of a flight crew permit or licence, other than the holder of a flight engineer licence, shall exercise the privileges of the permit or licence in an aircraft unless the holder

  • (a) has successfully completed a recurrent training program in accordance with the personnel licensing standards within the 24 months preceding the flight; and

  • (b) where a passenger other than a flight test examiner designated by the Minister is carried on board the aircraft, has completed, within the six months preceding the flight,

    • (i) in the case of an aircraft other than a glider or a balloon, in the same category and class of aircraft as the aircraft, or in a Level B, C or D simulator of the same category and class as the aircraft, at least

      • (A) five night or day take-offs and five night or day landings, if the flight is conducted wholly by day, or

      • (B) five night take-offs and five night landings, if the flight is conducted wholly or partly by night,

    • (ii) in the case of a glider, at least

      • [...]

      • (B) two take-offs and two landings in a glider with the holder of a flight instructor rating — glider and obtained a certification of competence to carry passengers on board a glider from that holder in accordance with the personnel licensing standards, and

    • (iii) in the case of a balloon, at least

      • (A) five landings in a balloon by day and five take-offs in a balloon by day or night, if the flight is conducted by day, or

      • (B) five landings in a balloon by day and five take-offs in a balloon by night, if the flight is conducted partly by night.

• (3) No holder of a Canadian pilot licence endorsed with an instrument rating or to which is attached instrument rating privileges shall exercise the privileges of the instrument rating unless the holder has successfully completed, within the 24 months preceding the flight, one of the following:

  • (a) an instrument rating flight test in an aircraft or in a Level B, C or D simulator of the same group as the aircraft;

  • (b) a Canadian Armed Forces instrument rating flight test;

  • (c) an instrument proficiency check that complies with the applicable requirements of subsection 421.05(1) of Standard 421 – Flight Crew Permits, Licences and Ratings and that

    • (i) consisted of tasks representative of those required by sections 1 to 4 of section 5 of Schedule 8 of Standard 428 – Conduct of Flight Tests,

    • (ii) was conducted in

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      • (B) a flight simulation training device that was approved for instrument rating flight tests and configured for aircraft of the same group as set out in subsection 421.46(1) of Standard 421, and

    • (iii) was conducted by any of the following persons who hold a valid instrument rating for aircraft of the same group as set out in subsection 421.46(1) of Standard 421:

      • (A) a pilot examiner authorized by the Minister to conduct instrument rating flight tests,

  • (d) one of the following competency checks or pilot proficiency checks for which the validity period has not expired and that includes a portion on instrument procedures:

    • (i) a competency check conducted in accordance with the Flight Test Guide — Competency Check (Private Operators), published by the Minister, in the case of aircraft operated under Subpart 4 of Part VI,

• (3.1) No holder of a Canadian pilot licence endorsed with an instrument rating or to which is attached instrument rating privileges shall exercise the privileges of the instrument rating unless, following the first day of the 13th month after the completion date of a test referred to in subsection (3) and within six months before the flight, the holder has

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  • (b) completed six instrument approaches in an aircraft in actual or simulated instrument meteorological conditions, or in a Level B, C or D simulator or an approved flight training device configured for the same category as the aircraft

    • (i) under the supervision of a person who holds the qualifications referred to in subsection 425.21(9) of Standard 425 — Flight Training, or

    • (ii) while acting as a flight instructor conducting training in respect of the endorsement of a flight crew licence or permit with an instrument rating.

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• (4) No holder of a Canadian flight engineer licence shall exercise the privileges set out in section 401.37 unless

  • (a) the holder has acted as flight engineer on board an aircraft within the five years preceding the flight or has met the written examination requirements for the licence within the 12 months preceding the flight; and

  • (b) where a passenger or a trainee is carried on board the aircraft, the holder has, within the six months preceding the flight, acted as flight engineer

    • [...]

    • (ii) in a synthetic flight trainer for an aircraft of the same type.

• (5) No holder of a Canadian pilot licence endorsed with a second officer rating shall exercise the privileges set out in section 401.53 unless

  • (a) the holder has acted as a second officer on board an aircraft within the five years preceding the flight; and

  • (b) where a passenger or a trainee is carried on board the aircraft, the holder has, within the six months preceding the flight, acted as a second officer in

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    • (ii) a synthetic flight trainer for an aircraft of the same type.

• (6) No holder of a Canadian pilot licence endorsed with a flight instructor rating — ultra-light aeroplane shall exercise the privileges set out in section 401.88 unless

  • (a) the holder has

    • (i) acted as pilot-in-command or co-pilot of an aircraft within the five years preceding the flight, or

    • (ii) met the written examination requirements for the rating within the 12 months preceding the flight;

  • (b) the holder has successfully completed a recurrent training program in accordance with the personnel licensing standards within the 24 months preceding the flight; and

  • (c) the holder has, where a student is carried on board the aeroplane, completed at least five take-offs and five landings in an ultra-light aeroplane of the same control configuration within the six months preceding the flight.

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• 8.3 (1) The approval referred to in section 8.2 is not required if, in respect of the air service to be provided, the appropriate licence authority, charter permit and Canadian aviation document and the liability insurance coverage referred to in subsection 8.2(4) and, where applicable, subsection 8.2(5), are in effect and

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  • (b) where the air service to be provided is an international service, a temporary and unforeseen circumstance has transpired within 72 hours before the planned departure time of a flight or the first flight of a series of flights that has forced the use of all or part of an aircraft, with a flight crew, provided by another person for a period of not more than one week, and the licensee

    • (i) has notified the Agency of the proposed flight or the first flight of a series of flights covering a period of not more than one week in accordance with subsection (2), and

• (2) The notification referred to in paragraph (1)(b) shall be given before the proposed flight or flights and shall contain

  • (a) a description of the temporary and unforeseen circumstance and an explanation of why it requires the use of all or part of an aircraft with a flight crew provided by another person;

  • (b) in respect of the air service to be provided,

    • [...]

    • (ii) where use of the aircraft and flight crew does not require an Agency licence, a copy of the Canadian aviation document and the certificate of liability insurance;

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  • (e) the name of the person providing the aircraft with a flight crew;

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  • (h) the date of each flight; and

  • (i) the routing of each flight.

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2 In these Regulations and Part II of the Act,

air crew

air crew means the flight crew and one or more persons who, under the authority of an air carrier, perform in-flight duties in the passenger cabin of an aircraft of the air carrier; (personnel d’aéronef)

back-to-back flights

back-to-back flights [Repealed, SOR/96-335, s. 1]

charter flight

charter flight means a flight that originates in a foreign country and is destined to Canada or originates in Canada and is destined to another country and that is operated according to a charter contract or arrangement for one-way or round-trip transportation of passengers or goods; (vol affrété)

flight crew

flight crew means one or more persons acting as pilot-in-command, second officer, co-pilot, flight navigator or flight engineer during flight time; (équipage)

goods charter

goods charter  means a charter flight that originates in a foreign country and is destined to Canada or originates in Canada and is destined to another country and that is operated according to a charter contract or arrangement to carry goods; (vol affrété de marchandises)

MCTOW

MCTOW means the maximum certificated take-off weight for aircraft as shown in the aircraft flight manual referred to in the aircraft’s Certificate of Airworthiness issued by the competent Canadian or foreign authority; (MMHD)

passenger foreign origin charter

passenger foreign origin charter  means a charter flight that originates in a foreign country and is destined to Canada and that is operated according to a charter contract or arrangement for the transportation of passengers; (vol affrété de passagers en provenance d’un pays étranger)

passenger non-resaleable charter

passenger non-resaleable charter  means a charter flight that originates in Canada and is destined to another country, that is operated according to a charter contract or arrangement and that engages an aircraft on which the passenger seating capacity is not for resale to the public; (vol affrété de passagers non revendable)

passenger resaleable charter

passenger resaleable charter  means a charter flight that originates in Canada and is destined to another country, that is operated according to a charter contract or arrangement and that engages an aircraft on which the passenger seating capacity is chartered for resale to the public; (vol affrété de passagers revendable)

third party liability

third party liability  means legal liability of an air carrier, arising from the air carrier’s operation, ownership or possession of an aircraft, for

• (a) injury to or death of persons other than the air carrier’s passengers or air crew; and

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Marginal note:Visa exemption — nationality

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• (3) A foreign national is exempt from the requirement to obtain a temporary resident visa if they are seeking to enter and remain in Canada solely

  • (a) subject to an agreement between Canada and one or more foreign countries respecting the obligation to hold such a visa,

    • (i) as a member of a crew of a means of transportation other than a vessel or to become a member of a crew of a means of transportation other than a vessel, or

    • (ii) to transit through Canada after working, or to work, as a member of a crew of a means of transportation other than a vessel, if they possess a ticket for departure from Canada within 24 hours after their arrival in Canada;

  • (b) to transit through Canada as a passenger on a flight stopping in Canada for the sole purpose of refuelling and

    • (i) they are in possession of the documents required in order to enter the United States and their flight is bound for that country, or

    • (ii) they were lawfully admitted to the United States and their flight originated in that country;

  • (b.1) to transit through Canada as a passenger on a flight that, owing to an emergency or other unforeseen circumstances, makes an unscheduled stop in Canada;

  • (c) to transit through Canada as a passenger on a flight if the foreign national

    [...]

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  • (g) to conduct inspections of the flight operation procedures or cabin safety of a commercial air carrier operating international flights, if they are a civil aviation inspector of a national aeronautical authority and possess valid documentation to that effect; or

• Marginal note:Visa exemption — crew member

  (3.1) A foreign national who is a member of a crew and who is carried to Canada by a vessel is exempt from the requirement to obtain a temporary resident visa if they are seeking

  • (a) to enter Canada as a member of the crew of the vessel; and

  • (b) to remain in Canada solely as a member of the crew of that vessel or any other vessel.

• (4) A memorandum of understanding referred to in paragraph (3)(c) shall include provisions respecting

  • [...]

  • (b) the scheduled flights to which the memorandum of understanding applies; and

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• 604.169 (1) The ground instruction component of the training program for flight crew members shall include the following elements:

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  • (b) the aircraft systems operation and limitations specified in the aircraft flight manual and, if the private operator has established an aircraft operating manual and standard operating procedures, those specified in that manual and in those procedures;

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  • (l) procedures to avoid Controlled Flight into Terrain (CFIT);

  • (m) if the flight crew members will be assigned to medical evacuation flights (MEDEVAC), emergency procedures specific to medical evacuations, including the evacuation of patients from aircraft; and

• (2) The ground instruction component of the training program for flight crew members shall include training in the performance of the following emergency procedures:

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  • (e) if the flight crew members will be assigned to aircraft equipped with life preservers, the donning and inflation of life preservers;

  • (f) if the flight crew members will be assigned to aircraft equipped with life rafts, the removal of life rafts from the stowage compartment, and the deployment, inflation and boarding of life rafts; and

• (3) If a private operator operates a turbo-jet-powered aeroplane, the ground instruction component of the training program for flight crew members who will operate that aeroplane shall include the following elements:

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