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Canadian Aviation Regulations

Version of section 404.04 from 2019-06-26 to 2024-03-06:

  •  (1) Subject to subsection (2) and subsection 404.05(1), the Minister shall issue or renew a medical certificate on receipt of an application therefor if

    • (a) where the applicant is applying for a medical certificate in connection with an application for a student pilot permit-aeroplane, pilot permit — recreational, pilot or student pilot permit — ultra-light aeroplane, a pilot licence — glider or student pilot permit — glider, the applicant has completed and submitted a medical declaration, in accordance with the personnel licensing standards, that attests to the fact that the applicant is medically fit to exercise the privileges of the permit or licence that is applied for; or

    • (b) in any case not referred to in paragraph (a), it is established, by means of a medical examination conducted by a physician referred to in section 404.16, that the applicant meets the medical fitness requirements specified in the personnel licensing standards.

  • (1.1) A medical certificate is also renewed if it is signed, dated and stamped in accordance with paragraph 404.18(a).

  • (2) The Minister

    • (a) may request an applicant for the issuance or renewal of a medical certificate to undergo, before a specified date, any medical tests or examinations that are necessary to determine whether the applicant meets the medical fitness requirements specified in the personnel licensing standards;

    • (b) shall not issue or renew a medical certificate until the applicant has undergone all of the tests and examinations requested by the Minister pursuant to paragraph (a); and

    • (c) may suspend, or refuse to issue or renew, the applicant’s medical certificate if the applicant fails to comply with the request referred to in paragraph (a) before the specified date.

  • (3) The Minister may

    • (a) request the holder of a medical certificate to undergo, before a specified date, any medical tests or examinations or provide any additional medical information, as necessary to determine whether the holder continues to meet the medical fitness requirements specified in the personnel licensing standards; and

    • (b) suspend, or refuse to renew, the holder’s medical certificate if the holder fails to comply with the request referred to in paragraph (a) before the specified date.

  • (4) A medical certificate is subject to any restrictions or limitations that have been endorsed on the certificate in accordance with subsection 404.05(2).

  • (5) A medical certificate is valid starting on the day on which the applicant signs the medical declaration submitted for the issuance or renewal of the certificate or on the day on which the medical examination for the issuance or renewal of the certificate is conducted until the earliest of

    • (a) the end of the validity period set out in the table to subsection (6) for the certificate,

    • (b) the end of any shorter validity period endorsed on the certificate by the Minister, and

    • (c) the day on which a new medical certificate is issued to the holder.

  • (6) Subject to subsection (9), the validity period of a medical certificate for a permit, licence or rating that is set out in column 1 of the table to this subsection is set out in column 2 if the holder of the permit, licence or rating is under 40 years of age and in column 3 if the holder of the permit, licence or rating is 40 years of age or older.

    TABLE

    Column 1Column 2Column 3
    ItemPermit, licence or ratingUnder 40 years of age40 years of age or older
    1Private pilot licence60 months24 months
    2Pilot licence — glider60 months60 months
    3Pilot licence — balloon60 months24 months
    4Pilot permit — recreational60 months24 months
    5Pilot permit — gyroplane60 months24 months
    6Pilot permit — ultra-light aeroplane60 months60 months
    7Flight instructor rating — glider60 months60 months
    8Flight instructor rating — ultra-light aeroplane60 months60 months
    9Passenger-carrying rating — ultra-light aeroplane60 months24 months
    10Flight engineer licence12 months12 months
    11Air traffic controller licence24 months12 months
    12Student pilot permit60 months60 months
  • (6.1) The validity period of a medical certificate for a commercial pilot licence, a multi-crew pilot licence — aeroplane and an airline transport pilot licence, if the holder of the licence is acting as a flight crew member for hire or reward, is 12 months.

  • (6.2) However, the validity period of a medical certificate referred to in subsection (6.1) is reduced to 6 months if

    • (a) the holder of the licence is 40 years of age or older and is conducting a single-pilot operation with passengers on board; or

    • (b) the holder of the licence is 60 years of age or older.

  • (6.3) The holder of a commercial pilot licence or an airline transport pilot licence may exercise the privileges of a private pilot licence until the end of the applicable validity period for the private pilot licence specified in subsection (6).

  • (7) The end of the validity period of a medical certificate that is issued or renewed under subsection (1) is calculated from the first day of the month following

    • (a) the day on which the applicant signs the medical declaration submitted for the issuance or renewal of the certificate; or

    • (b) the day on which the medical examination for the issuance or renewal of the certificate is conducted.

  • (8) The end of the validity period of a medical certificate that is renewed in accordance with subsection (1.1) is calculated from

    • (a) the day on which the preceding validity period ends if the medical examination for the renewal of the certificate is conducted within 90 days before the end of that validity period; or

    • (b) the first day of the month following the day on which the medical examination for the renewal of the certificate is conducted if the examination is conducted more than 90 days before the end of the preceding validity period.

  • (9) The Minister shall endorse a shorter validity period on a medical certificate if

    • (a) a physician referred to in section 404.16 recommends the shorter validity period in their medical report; and

    • (b) it is warranted by the results of an assessment conducted in accordance with subsection 404.11(1).

  • (10) Despite subsection (6), the Minister shall extend the validity period of a medical certificate for a period of not more than 60 days beginning on the day on which the certificate would otherwise expire, if

    • (a) the application for extension of the certificate is made while the certificate is still valid; and

    • (b) the applicant demonstrates that there has been no reasonable opportunity to undergo a medical examination within the 90 days before the day on which the certificate would otherwise expire.

  • SOR/2007-229, s. 2
  • SOR/2008-140, s. 5
  • SOR/2014-15, s. 15
  • SOR/2019-201, s. 1

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