Canadian Aviation Regulations (SOR/96-433)

Medical Standards Flexibility — Limitations and Restrictions

• 404.05 (1) The Minister may, in accordance with the personnel licensing standards, issue a medical certificate to an applicant who does not meet the requirements referred to in subsection 404.04(1) where it is in the public interest and is not likely to affect aviation safety.

• (2) Where the Minister issues a medical certificate under subsection (1), the Minister shall endorse the certificate with any limitation or restriction that is necessary to ensure aviation safety.

• (3) The Minister may amend or remove any limitation or restriction referred to in subsection (2) when it is no longer required to ensure aviation safety.

• (4) The Minister may suspend or cancel a medical certificate if the applicant fails to comply with any limitation or restriction referred to in subsection (2).

• (5) Before issuing a medical certificate under subsection (1), the Minister may require an applicant to undergo any practical test in respect of the functions of a flight crew member or air traffic controller, as appropriate, or any medical examination that is necessary to determine whether the applicant meets the medical fitness requirements specified in the personnel licensing standards.

• (6) For the purposes of a practical test in respect of the functions of a flight crew member, the Minister may designate as a testing officer any person who holds

  • (a) a flight crew licence endorsed with a flight instructor rating that is valid for the category of aircraft to be used during the practical test; or

  • (b) a flight crew licence and has the qualifications required to conduct the practical test.

• (7) For the purposes of a practical test in respect of the functions of an air traffic controller, the test shall be conducted in an actual operational environment under the supervision of an Air Traffic Services manager, a regional aviation medical officer, an aviation medical officer or a CAME, in accordance with the procedures set out in the personnel licensing standards.

Prohibition Regarding Exercise of Privileges

• 404.06 (1) Subject to subsection (3), no holder of a permit, licence or rating shall exercise the privileges of the permit, licence or rating if

  • (a) one of the following circumstances exists and could impair the holder’s ability to exercise those privileges safely:

    • (i) the holder suffers from an illness, injury or disability,

    • (ii) the holder is taking a drug, or

    • (iii) the holder is receiving medical treatment;

  • (b) the holder has been involved in an aircraft accident that is wholly or partially the result of any of the circumstances referred to in paragraph (a);

  • (c) the holder has entered the thirtieth week of pregnancy, unless the medical certificate is issued in connection with an air traffic controller licence, in which case the holder may exercise the privileges of the permit, licence or rating until the onset of labour; or

  • (d) the holder has given birth in the preceding six weeks.

• (2) No holder of a permit, licence or rating who is referred to in paragraph (1)(b), (c) or (d) shall exercise the privileges of the permit, licence or rating unless

  • (a) the holder has undergone a medical examination referred to in section 404.18; and

  • (b) the medical examiner has indicated on the holder’s medical certificate that the holder is medically fit to exercise the privileges of the permit, licence or rating.

• (3) The Minister may, in writing, authorize the holder of a medical certificate to exercise, under the circumstances described in paragraph (1)(a) or (d), the privileges of the permit, licence or rating to which the medical certificate relates if such authorization is in the public interest and is not likely to affect aviation safety.

[404.07 to 404.09 reserved]

Division III — Medical Certificate Requirements

Medical Certificate Requirements for Personnel Licences

• 404.10 (1) A Category 1 medical certificate is required for the following licences:

  • (a) commercial pilot licence — aeroplane or helicopter;

  • (b) multi-crew pilot licence — aeroplane;

  • (c) airline transport pilot licence — aeroplane or helicopter; and

  • (d) flight engineer licence.

• (2) A Category 1 or 2 medical certificate is required for an air traffic controller licence.

• (3) A Category 1 or 3 medical certificate is required for the following permits, licences and ratings:

  • (a) student pilot permit — helicopter;

  • (b) pilot permit — gyroplane;

  • (b.1) student pilot permit — gyroplane or balloon;

  • (c) private pilot licence — aeroplane or helicopter;

  • (d) pilot licence — balloon;

  • (e) flight instructor rating — glider; and

  • (f) flight instructor rating — ultra-light aeroplane.

• (4) A Category 1, 3 or 4 medical certificate is required for the following permits and licences:

  • (a) student pilot permit - aeroplane;

  • (b) pilot permit — recreational;

  • (c) student pilot permit or pilot permit — ultra-light aeroplane;

  • (d) student pilot permit — glider; and

  • (e) pilot licence — glider.

Division IV — Medical Fitness

Minister’s Assessment

• 404.11 (1) The Minister shall assess any medical reports submitted pursuant to paragraph 404.17(b) to determine whether an applicant for the issuance or renewal of a medical certificate meets the medical fitness requirements set out in the personnel licensing standards that are necessary for the issuance or renewal of the medical certificate.

• (2) The Minister shall, by personal service or by registered mail sent to the applicant at the latest known address of the applicant, immediately

  • (a) notify the applicant of the result of an assessment, and

  • (b) in the case of an application for the renewal of a medical certificate, inform the applicant that the Minister will, no earlier than 30 days after the date that the applicant receives the notification, make a decision pursuant to subsection 7.1(1) of the Act, based on the result of the assessment.

Reconsideration of Assessment

• 404.12 (1) An applicant for the renewal of a medical certificate who is assessed by the Minister as not meeting the requirements referred to in subsection 404.11(1) may, within 30 days after the date that the applicant receives the notification referred to in subsection 404.11(2),

  • (a) request the Minister to reconsider the assessment; and

  • (b) submit additional information to the Minister regarding the medical fitness of the applicant in support of the request.

• (2) Where the Minister is requested to reconsider an assessment pursuant to subsection (1), the Minister shall

  • (a) take into consideration any additional information regarding the medical fitness of the applicant; and

  • (b) immediately notify the applicant in writing of the result of the reconsideration of the assessment.

[404.13 to 404.15 reserved]

Division V — Medical Examiners

Authority to Conduct Medical Examinations

404.16 No physician shall conduct a medical examination of an applicant for the issuance or renewal of a medical certificate unless the physician conducts the medical examination in the region in which the physician is licensed to practise and

• (a) the physician is appointed by the Minister as a CAME;

• (b) where the applicant is a regular member of the Canadian Forces or an air cadet, the physician is a Canadian Forces flight surgeon; or

• (c) where the applicant resides or is examined in a contracting state other than Canada, the physician is authorized by the licensing authority of the contracting state to conduct such examinations.

Responsibilities of Medical Examiner

404.17 Where a physician referred to in paragraph 404.16(a) or (b) conducts a medical examination of an applicant for the issuance or renewal of a medical certificate, the physician shall

• (a) conduct the medical examination in accordance with the procedures set out in the personnel licensing standards; and

• (b) submit a medical report to the Minister that specifies the results of the medical examination and contains, if warranted by those results, the physician’s recommendation that the medical certificate be restricted to a validity period that is shorter than the validity period set out in the table to subsection 404.04(6) for the certificate.