Canadian Aviation Regulations (SOR/96-433)

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) Notwithstanding 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) Notwithstanding 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 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 Forces instrument check pilot, if the holder of a Canadian pilot licence being tested is a member of the Canadian 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.