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Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2023-09-13 and last amended on 2023-06-21. Previous Versions

Part VI — General Operating and Flight Rules (continued)

Subpart 4 — Private Operators (continued)

Division IX — Personnel Requirements (continued)

Flight Crew Member Qualifications and Training
  •  (1) No private operator shall permit a person to act — and no person shall act — as a pilot-in-command or second-in-command unless

    • (a) the person holds the licence, ratings and medical certificate required by Part IV;

    • (b) in the case of a pilot-in-command,

      • (i) the person has received, in respect of the aircraft type that the person will operate, the training set out in subsections 604.169(1) and 604.170(1) and, if applicable, the training set out in subsection 604.169(3) and sections 604.177 and 604.178, or equivalent training that meets the requirements of subsection 604.140(1), as the case may be, and

      • (ii) the validity period of the training has not expired;

    • (c) in the case of a second-in-command,

      • (i) the person has received, in respect of the aircraft type that the person will operate, the training set out in subsections 604.169(1) and 604.170(1) and, if applicable, the training set out in subsection 604.169(3) and section 604.177, or equivalent training that meets the requirements of subsection 604.140(1), as the case may be, and

      • (ii) the validity period of the training has not expired;

    • (d) the person has received, in respect of the aircraft type that the person will operate, training in the performance of the emergency procedures referred to in subsection 604.169(2) or equivalent training that meets the requirements of subsection 604.140(1), and the validity period of the training has not expired;

    • (e) the person has successfully completed, in respect of the aircraft type that the person will operate, a competency check that meets the requirements of this section or a competency check or pilot proficiency check that meets the requirements of subsection 604.140(2), and the validity period of the competency check or pilot proficiency check has not expired; and

    • (f) if the person is required to operate an aircraft above 13,000 feet ASL, the person has received the training set out in section 604.176 or equivalent training that meets the requirements of subsection 604.140(1).

  • (2) A person who undergoes a competency check referred to in paragraph (1)(e)

    • (a) shall have completed, within 30 days before the day on which the competency check is conducted, the training set out in subsection 604.170(1) or equivalent training that meets the requirements of subsection 604.140(1);

    • (b) shall have been recommended for the competency check by an instructor who provided the person with the training or equivalent training referred to in paragraph (a); and

    • (c) shall meet the following requirements:

      • (i) the person holds the licence required by Part IV in respect of the aircraft that will be used for the competency check,

      • (ii) the person holds a type rating required by Part IV in respect of the aircraft that will be used for the competency check, or meets the knowledge and experience requirements set out in paragraph 421.40(3)(a) of Standard 421 — Flight Crew Permits, Licences and Ratings, and the knowledge requirement was met within 24 months before the day on which the competency check is conducted, and

      • (iii) the person holds an instrument rating required by Part IV in respect of the aircraft that will be used for the competency check, or meets the knowledge and experience requirements set out in subsection 421.46(2) of Standard 421 — Flight Crew Permits, Licences and Ratings, and the knowledge requirement was met within 24 months before the day on which the competency check is conducted.

  • (3) The competency check referred to in paragraph (1)(e)

    • (a) shall be based on the processes, practices and procedures set out in the private operator’s operations manual;

    • (b) shall consist of the exercises set out in chapters 2 or 3, as the case may be, of the standard entitled Flight Test Guide — Competency Check (Private Operators), published by the Minister;

    • (c) shall assess the exercises referred to in paragraph (b) in accordance with the marking scale set out in section 1.3 of that standard;

    • (d) shall assess the competency as satisfactory or unsatisfactory in accordance with sections 1.4 and 1.5 of that standard; and

    • (e) shall be subject to the retest procedures referred to in section 1.6 of that standard.

  • (4) Subject to subsection (5), the competency check referred to in paragraph (1)(e) shall be conducted by a person who

    • (a) holds the licence and ratings required by Part IV to act as pilot-in-command of the aircraft used for the competency check;

    • (b) holds an instrument rating required by Part IV in respect of the aircraft used for the competency check;

    • (c) meets one of the following requirements:

      • (i) is a pilot examiner authorized by the Minister to conduct instrument rating flight tests under Part IV,

      • (ii) is an approved check pilot authorized by the Minister to conduct a pilot proficiency check under Part VII in respect of the aircraft type used for the competency check, or

      • (iii) holds an authorization issued by the competent authority of a contracting state to conduct flight tests that are equivalent to competency checks, in which case the person shall have demonstrated to the private operator knowledge of the standard referred to in paragraph (3)(b); and

    • (d) is not the instructor who made the recommendation referred to in paragraph 2(b) in respect of the person undergoing the competency check.

  • (5) The competency check referred to in paragraph (1)(e) may be conducted by a person who is not referred to in paragraph 4(c) if the person

    • (a) has been assigned to conduct the competency check by the private operator;

    • (b) meets the requirements set out in paragraphs (4)(a) and (b);

    • (c) does not have a record of conviction for

      • (i) an offence under section 7.3 of the Act, or

      • (ii) two or more offences under these Regulations not arising from a single occurrence;

    • (d) is at least 21 years old;

    • (e) has at least 3,000 hours of flight time in an aircraft of the same category as the aircraft that will be used for the competency check, including

      • (i) at least 2,000 hours as pilot-in-command,

      • (ii) at least 500 hours in a multi-engined aircraft, and

      • (iii) at least 500 hours of instrument time, including at least 100 hours as pilot-in-command; and

    • (f) has successfully completed, within 24 months before the day on which the person conducts the competency check, training provided by a pilot examiner or by an approved check pilot that includes the following elements:

      • (i) the responsibilities of a person conducting a competency check,

      • (ii) evaluation principles,

      • (iii) the conduct of a competency check,

      • (iv) the content of the standard referred to in paragraph (3)(b), and

      • (v) the record-keeping requirements set out in section 604.149.

  • SOR/2014-131, s. 18
Instructor Qualifications and Training
  •  (1) No private operator shall permit a person to act — and no person shall act — as a flight instructor or a flight simulator instructor unless

    • (a) in the case of a flight instructor, the person holds, in respect of the aircraft type used for the training, the licence and ratings required by Part IV or, in the case of a flight instructor licensed by a contracting state, a licence and ratings equivalent to those required by Part IV;

    • (b) in the case of a flight simulator instructor, the person holds, or has held, in respect of the aircraft type used for the training, the licence and ratings required by Part IV or, in the case of an flight simulator instructor licensed by a contracting state, a licence and ratings equivalent to those required by Part IV;

    • (c) if the private operator is authorized under a special authorization to operate an aircraft in IFR flight, the person holds a valid instrument rating in respect of the aircraft type used for the training;

    • (d) the person has received, in respect of the aircraft type used for the training, training that includes the elements set out in subsection 604.170(1), and the validity period of the training has not expired; and

    • (e) the person has demonstrated to the private operator knowledge of

      • (i) the content of the private operator’s operations manual, and

      • (ii) the provisions of this Subpart that relate to the training of flight crew members.

  • (2) No private operator shall permit a person to act — and no person shall act — as a ground instructor unless the person has received, before the day on which the person begins to act as ground instructor, training that includes the following elements:

    • (a) the teaching and learning processes;

    • (b) instructional techniques; and

    • (c) the student-instructor relationship.

  • SOR/2014-131, s. 18
Flight Attendant Training

 No private operator shall permit a person to act — and no person shall act — as a flight attendant unless

  • (a) the person has received the training set out in section 604.179 or equivalent training that meets the requirements of subsection 604.140(1), and the validity period of the training has not expired; and

  • (b) the person has demonstrated to the private operator knowledge of

    • (i) the provisions of these Regulations and of standards that affect the responsibilities of a flight attendant,

    • (ii) aeronautical terminology,

    • (iii) the physiological effects of flight, and

    • (iv) the theory of flight.

  • SOR/2014-131, s. 18
Flight Dispatcher and Flight Follower Training
  •  (1) No private operator shall permit a person to act — and no person shall act — as a flight dispatcher unless the person

    • (a) holds a flight dispatcher certificate; and

    • (b) has received the training set out in subsection 604.180(1) and the validity period of the training has not expired.

  • (2) No private operator shall permit a person to act — and no person shall act — as a flight follower unless the person has received the training set out in subsection 604.180(2) and the validity period of the training has not expired.

  • SOR/2014-131, s. 18
Ground and Airborne Icing Operations Training

 No private operator shall permit a person to perform — and no person shall perform — duties relating to ground and airborne icing operations unless the person has received the training set out in section 604.181 and the validity period of the training has not expired.

  • SOR/2014-131, s. 18
Safety Management System Training

 A private operator shall ensure that the operations manager, the maintenance manager and all other personnel receive the training set out in section 604.183.

  • SOR/2014-131, s. 18
Training and Qualifications Records
  •  (1) A private operator shall have for its personnel a training and qualifications record that includes the following information:

    • (a) each person’s name;

    • (b) the dates on which the person received training and the name of the instructor who provided the training;

    • (c) in the case of the operations manager, information on how the operations manager has demonstrated to the private operator knowledge of the elements referred to in paragraph 604.141(1)(b) and the date of that demonstration;

    • (d) in the case of the chief pilot, information on how the chief pilot has demonstrated to the private operator knowledge of the elements referred to in paragraph 604.142(1)(b) and the date of that demonstration;

    • (e) in the case of a flight instructor, information on how the flight instructor has demonstrated to the private operator knowledge of the elements referred to in paragraph 604.144(1)(e) and the date of that demonstration;

    • (f) in the case of a flight crew member,

      • (i) the flight crew member licence number, the category and expiry date of the flight crew member’s medical certificate, a list of the flight crew member’s ratings and, if applicable, the expiry date of those ratings,

      • (ii) in respect of the training referred to in subsection 604.170(1) and sections 604.177 and 604.178, information indicating whether the training was completed using an aircraft or a flight simulation training device, and

      • (iii) in respect of the competency check referred to in paragraph 604.143(1)(e),

        • (A) the name of the person who conducted the competency check and the date on which it was conducted,

        • (B) the name of the instructor who made the recommendation referred to in paragraph 604.143(2)(b) and the date on which it was made,

        • (C) the date of each attempt by the flight crew member to complete a competency check and the result of each attempt,

        • (D) information indicating whether the competency check was conducted using an aircraft or a flight simulation training device, and

        • (E) in the case of a competency check conducted by the person referred to in subparagraph 604.143(4)(c)(iii), information indicating how the person has demonstrated to the private operator knowledge of the standard referred to in that subparagraph and the date of that demonstration,

      • (iv) in respect of a pilot proficiency check conducted under Part VII, the name of the air operator for which the check was conducted and the date on which the check was conducted, and

      • (v) the dates on which the flight crew member demonstrated the ability to operate an aircraft in accordance with paragraphs 604.50(c), 604.51(f), 604.60(f) and 604.74(2)(c); and

    • (g) in the case of an aircraft maintenance engineer (AME), the aircraft maintenance engineer licence number.

  • (2) If the training referred to in Divisions IV or X includes a written examination, the private operator shall retain a master copy of each examination.

  • (3) The private operator shall

    • (a) retain the records referred to in subsections (1) and (2) for two years after the day on which the records were last updated; and

    • (b) retain the written examination referred to in subsection (2) for two years after the day on which the examination was given.

[604.150 to 604.165 reserved]

Division X — Training Program

Training Program
  •  (1) Subject to subsection (2), a private operator shall have a training program that covers the subject matter set out in Division IV and in this Division, and the competency check referred to in paragraph 604.143(1)(e), and that takes into account

    • (a) the aircraft types operated by the private operator; and

    • (b) the private operator’s area of operation.

  • (2) A private operator who is also an air operator shall have a training program that covers the subject matter set out in this Division and that takes into account

    • (a) the aircraft types operated by the private operator that are not specified in the air operator certificate; and

    • (b) the differences, if any, between the areas in which operations are conducted.

  • SOR/2014-131, s. 18
Acquiring and Maintaining Competency

 A private operator shall design its training program so that a person who receives training required under this Subpart

  • (a) will, if the person is receiving the training for the first time, acquire the competency necessary to perform his or her duties; and

  • (b) will, if the person is receiving subsequent training, maintain the competency referred to in paragraph (a) and acquire any new competency necessary to perform his or her duties.

  • SOR/2014-131, s. 18
 
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