Canadian Aviation Regulations (SOR/96-433)

Division II — Examinations

Examination Rules

• 400.02 (1) Except as authorized by an invigilator, no person shall, or shall attempt to, in respect of an examination,

  • (a) copy or remove from any place all or any portion of the text of the examination;

  • (b) give to or accept from any person a copy of all or any portion of the text of the examination;

  • (c) give help to or accept help from any person during the examination;

  • (d) complete all or any portion of the examination on behalf of any other person; or

  • (e) use any aid or written material during the examination.

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

• (3) A person who uses a hand-held calculator during an examination shall use a hand-held calculator whose memory is cleared before and after the examination in the presence of the invigilator.

• (4) A person who uses a hand-held electronic computer during an examination shall use a hand-held electronic computer

  • (a) that has been specifically designed for flight operations;

  • (b) that has been approved by the Minister for examination purposes; and

  • (c) whose memory is cleared before and after the examination in the presence of the invigilator.

Time Limits

• 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.

• (2) Subsection (1) does not apply in respect of examinations that are required for the issuance of

  • (a) a student pilot permit; or

  • (b) an airline transport pilot licence if examinations were previously written

    • (i) for the endorsement of a type rating, a mark of 70 per cent or higher was obtained on the examination and the type rating was issued;

    • (ii) for the issuance of the former senior commercial pilot licence, a mark of 70 per cent or higher was obtained on the examination and the senior commercial pilot licence was issued; or

    • (iii) for the issuance of an airline transport pilot licence — aeroplane, an airline transport pilot licence — aeroplane integrated course was successfully completed during the 5-year period preceding the date of the application for the licence and a course completion certificate was issued.

• (3) The regulatory requirements examination referred to in subsection 566.03(5) of Standard 566 — Aircraft Maintenance Engineer Licensing and Training that is required for the issuance of an aircraft maintenance engineer (AME) licence shall be completed during the 12-month period immediately following the date on which the application for the licence is accepted by the Minister.

Rewriting of Examinations

• 400.04 (1) Subject to subsections (2) and (6), a person who fails an examination or a section of a sectionalized examination required for the issuance of a flight crew permit, licence, rating or foreign licence validation certificate is ineligible to rewrite the examination or the failed section for a period of

  • (a) in the case of a first failure, 14 days;

  • (b) in the case of a second failure, 30 days; and

  • (c) in the case of a third or subsequent failure, 30 days plus an additional 30 days for each failure in excess of two failures, up to a maximum of 180 days.

• (2) A person who fails the Student Pilot Permit or Private Pilot Licence for Foreign and Military Applicants, Aviation Regulations (PSTAR) examination is eligible to rewrite the examination at any time after the person has received notice of the failure and has reviewed their weak knowledge areas.

• (3) A person who fails an examination required for the issuance of an aircraft maintenance engineer (AME) licence or rating is eligible to rewrite the examination in accordance with the criteria specified in Chapter 566 of the Airworthiness Manual.

• (4) A person who passes a sectionalized examination but fails one or more sections of that examination shall rewrite the failed section or sections in one sitting.

• (5) Where a person requests to rewrite an examination, the Minister shall inform the person in writing of the date on which the person may rewrite the examination and whether the person is required to provide evidence of further study or instruction before rewriting the examination.

• (6) If a person submits a request to the Minister to shorten the period between examination attempts, the Minister shall grant the request on receipt of confirmation that the person has reviewed their weak knowledge areas.

Division III — Flight Training Service

Authorization to Operate Flight Training Service Under CUSMA

• 400.05 (1) A person who is a citizen, permanent resident or corporation of the United States of America or Mexico and who is eligible to operate a flight training service in Canada in accordance with Chapter 15 and Annex I — Schedule of Canada of CUSMA shall, prior to operating the service, obtain from the Minister an authorization to operate the service. The request for the authorization shall be in the form and shall contain the information specified in the Personnel Licensing and Training Standards respecting Flight Training Units.

• (2) Subject to section 6.71 of the Act, the Minister shall, on receipt of a request referred to in subsection (1) and where the requirements of the Personnel Licensing and Training Standards respecting Flight Training Units are met, issue an authorization containing the conditions under which the flight training service may be operated.

• (3) An authorization referred to in subsection (1) is required in addition to a flight training unit operator certificate for those persons who are required to hold a flight training unit operator certificate pursuant to Subpart 6.

Division IV — [Reserved]

400.06 [Reserved, SOR/2008-140, s. 1]

Division V — Change of Information

Change of Address

400.07 The holder of a permit or licence shall notify the Department of Transport of any change of permanent address within seven days after the change.

[400.08 reserved]

Subpart 1 — Flight Crew Permits, Licences and Ratings

Division I — General

Interpretation

401.01 Any reference in this Subpart to the personnel licensing standards is a reference to the Personnel Licensing and Training Standards respecting Flight Crew Permits, Licences and Ratings.

401.02 [Reserved, SOR/2014-15, s. 1]

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

• 401.03 (1) Subject to subsection (2), no person shall act as a flight crew member or exercise the privileges of a flight crew permit, licence or rating unless

  • (a) the person holds the appropriate permit, licence or rating;

  • (b) the permit, licence or rating is valid;

  • (c) the person holds the appropriate medical certificate; and

  • (d) the person can produce the permit, licence or rating, and the certificate, when exercising those privileges.

• (1.1) No person shall exercise the privileges of a foreign licence validation certificate unless the person

  • (a) holds the appropriate foreign licence validation certificate;

  • (b) has signed the certificate; and

  • (c) can produce the certificate when exercising those privileges.

• (2) A person who holds a military flight crew permit, licence or rating or a flight crew permit, licence or rating issued by a contracting state other than Canada may act as a flight crew member or exercise the privileges of a flight crew permit, licence or rating for the sole purpose of the person’s flight test where

  • (a) the test is conducted in accordance with section 401.15; and

  • (b) no passenger is carried on board the aircraft.

Flight Crew Members of Aircraft Registered in Contracting States Other Than Canada

401.04 No person shall act as a flight crew member or exercise the privileges of a flight crew licence in Canada in an aircraft registered in a contracting state other than Canada, unless the person holds, and can produce while so acting or while exercising such privileges,

• (a) a flight crew permit or licence issued under this Subpart; or

• (b) a flight crew licence, or a document equivalent to a foreign licence validation certificate, that is issued under the laws of the contracting state.

Recency Requirements

• 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

    • (iii) the holder has successfully completed the appropriate examination specified in the personnel licensing standards.

• (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

      • (A) five take-offs and five landings in a glider, or

      • (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

      • (A) an aircraft of the same group as set out in subsection 421.46(1) of Standard 421 that met the requirements of section 605.18, or

      • (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,

      • (B) an approved check pilot authorized by the Minister to conduct an instrument proficiency check for the specific type of aircraft on which the instrument proficiency check was conducted,

      • (C) a person who holds an authorization, issued by a contracting state having a reciprocal licensing agreement with Canada, that is equivalent to the authorization referred to in clause (A) or (B), or

      • (D) a Canadian Armed Forces instrument check pilot, if the holder of a Canadian pilot licence being tested is a member of the Canadian Armed Forces; or

  • (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,

    • (ii) a line operational evaluation from an approved advanced qualification program conducted by a Canadian Advanced Qualification Program Evaluator,

    • (iii) a foreign pilot proficiency or competency check that is approved by a contracting state and conducted by a foreign check pilot who is authorized to conduct instrument proficiency checks for commercial and private air operators of that state, if the holder is working for hire or reward for a foreign commercial or private air operator, or

    • (iv) a competency check or pilot proficiency check conducted in compliance with one of the following schedules to the Commercial Air Services Standards:

      • (A) Schedule I to section 722.65 of Standard 722 — Aerial Work, in the case of aeroplanes operated under Subpart 2 of Part VII,

      • (B) Schedule II to section 722.65 of Standard 722 — Aerial Work, in the case of helicopters operated under Subpart 2 of Part VII,

      • (C) Schedule I to section 723.88 of Standard 723 — Air Taxi — Aeroplanes, in the case of aeroplanes operated under Subpart 3 of Part VII,

      • (D) the schedule to section 723.88 of Standard 723 — Air Taxi — Helicopters, in the case of helicopters operated under Subpart 3 of Part VII,

      • (E) Schedule I or II to section 724.108 of Standard 724 — Commuter Operations — Aeroplanes, in the case of aeroplanes operated under Subpart 4 of Part VII,

      • (F) the schedule to section 724.108 of Standard 724 — Commuter Operations — Helicopters, in the case of helicopters operated under Subpart 4 of Part VII, or

      • (G) Schedule I, II or III to section 725.106 of Standard 725 — Airline Operations — Aeroplanes, in the case of aeroplanes operated under Subpart 5 of Part VII.

• (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

  • (a) acquired six hours of instrument time; and

  • (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.

• (3.2) The holder of a Canadian pilot licence endorsed with an instrument rating or to which is attached instrument rating privileges shall retain a record of having met the applicable recency requirement set out in subsection (3) or (3.1) for three years.

• (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

    • (i) in an aircraft of the same type, or

    • (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

    • (i) an aircraft of the same type, or

    • (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.