Part IV — Personnel Licensing and Training (continued)
Subpart 4 — Medical Requirements (continued)
Division II — Medical Certificate (continued)
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
(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
(a) one of the following circumstances exists and could impair the holder’s ability to exercise those privileges safely:
(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
(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.
Division III — Medical Certificate Requirements
Medical Certificate Requirements for Personnel Licences
(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:
(4) A Category 1, 3 or 4 medical certificate is required for the following permits and licences:
- SOR/2007-229, s. 3
- SOR/2014-15, s. 16
Division IV — Medical Fitness
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),
(2) Where the Minister is requested to reconsider an assessment pursuant to subsection (1), the Minister shall
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 Armed Forces or an air cadet, the physician is a Canadian Armed 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.
- SOR/2007-229, s. 4
- SOR/2021-152, s. 18
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.
- SOR/2007-229, s. 5
- Date modified: