Canadian Aviation Regulations (SOR/96-433)

Exception — Remotely Piloted Aircraft Systems

400.01.1 This Part does not apply in respect of the issuance of a permit, licence or rating in respect of the operation of remotely piloted aircraft systems that include remotely piloted aircraft having a maximum take-off weight of 25 kg (55 pounds) or less.

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.