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Regulatory and Operational
Hot Topics – Part 1
CBAA Convention
August 11, 2017
Practical Guide to Applying Regulations
Some Basic Rules of Interpretation & General
Principles.
2
Practical Guide to Applying Regulations
Canada
3
Practical Guide to Applying Regulations
CARs
4
Practical Guide to Applying Regulations
Application
604.02 This Subpart applies to the following
Canadian aircraft:
(a) large aeroplanes;
(b) turbine-powered aircraft;
(c) pressurized aircraft; and
(d) multi-engined aircraft.
5
Practical Guide to Applying Regulations
Prohibition
604.03 (1) Subject to subsection (2), no person shall operate any of the following Canadian aircraft for the purpose of transporting passengers or goods unless the person is the holder of a private operator registration document:
(a) a large aeroplane;
(b) a turbo-jet-powered aeroplane; or
(c) a turbine-powered pressurized aeroplane certificated for more than six passenger seats.
(2) Subsection (1) does not apply to the operation of an aircraft referred to in paragraphs (1)(a) to (c) by
(a) an air operator who operates the aircraft in accordance with the requirements of Part VII; or
(b) a person who operates the aircraft under a flight permit issued under section 507.04.
6
Practical Guide to Applying Regulations
Foreign Jurisdictions
They work on the same overall pattern and they
will either:
• Have their own rule separate from your country.
• Accept your countries rule, with/without
exceptions, changes, additions.
• Accept ICAO SARPs, with/without exceptions,
changes, additions.
7
Practical Guide to Applying Regulations
CAR 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 stateother 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.
8
Practical Guide to Applying Regulations
FAR129.5(b)
Each foreign air carrier conducting operations within the United States must conduct its
operations in accordance with the Standards contained in Annex 1 (Personnel Licensing),
Annex 6 (Operation of Aircraft), Part I (International Commercial Air Transport -
Aeroplanes) or Part III (International Operations -Helicopters), as appropriate, and in Annex 8
(Airworthiness of Aircraft) to the Convention on International Civil Aviation.
9
Practical Guide to Applying Regulations
FAR129.14(a)
Each foreign air carrier and each foreign person
operating a U.S.-registered aircraft within or
outside the United States in common carriage
must ensure that each aircraft is maintained in
accordance with a program approved by the
Administrator in the operations specifications.
10
Practical Guide to Applying Regulations
Foreign CAA(FCAA) Requirements
Has the FCAA adopted ICAO SARPs?
Do ICAO SARPs address the issue?
Comply with ICAO SARPs.
Does the FCAA have it’s own rule?
Comply with FCAA rule.
CAR is the minimum that must be met.
Yes
Yes
Yes
And/Or
No
No
No
11
CAR RequirementsICAO SARPs
(Not Mandatory unless adopted by
FCAA)
And/Or
Foreign Jurisdictions
Practical Guide to Applying Regulations
Foreign Jurisdictions
In a case of “parallel” requirements, both rules
apply or the most restrictive rule has to be
followed.
12
Practical Guide to Applying Regulations
Two Common Problems:
1. Overemphasising the intent/purpose of the
rule.
2. Overemphasising the letter of the law.
13
Practical Guide to Applying Regulations
KISS:
Keep
It
Simple
Silly
14
Practical Guide to Applying Regulations
Do Not Forget:
The purpose of rules is to serve people. It is not
the purpose of people to serve rules.
Without adherence to proper rules, you will get
either a dictatorship or anarchy. Neither is
desirable.
15
Practical Guide to Applying Regulations
References:
General info on the CARs:
www.tc.gc.ca/eng/civilaviation/regserv/cars/geninf
o-menu-1000.htm
16
Practical Guide to Applying Regulations
Questions?
17
TTPP, Training, & Competency Check Requirements
A look at some key requirements and points of
confusion.
18
TTPP, Training, & Competency Check Requirements
“The purpose of the Exemption is to allow private operators desiring an alternative to the training
model currently required by Subpart 604 of the CARs, where the competency of flight crews and the validity of training programs are confirmed by
means of a formal assessment of pilot competency at the end of training (i.e.
Competency Check), to move to a model where proficiency is measured throughout training
(i.e. TTPP).
AC 604.003
19
TTPP, Training, & Competency Check Requirements
Who should use the TTPP?
“Conventional type rating training programs . . . is not optimal for the recurrent training of pilots that
are already familiar with an operator’s environment, equipment and Standards [sic]
Operating Procedures (SOPs), as, in many cases, it requires them to spend valuable training time to review and practice exercises they may
have already mastered.”
AC 604.003
20
TTPP, Training, & Competency Check Requirements
An application to or permission from TC is not
required.
The conditions of the exemption have to be met
continuously.
21
TTPP, Training, & Competency Check Requirements
TTPP RequirementApplicable to
CC Program
The operator must utilize the
services of a training provider that
has an established quality
assurance system.
N/A
22
TTPP, Training, & Competency Check Requirements
TTPP RequirementApplicable to
CC Program
The operator must utilize the
services of a training provider that
has the managerial staff to
support the quality of the
training, of whom one person,
other than the person responsible
for the training, is assigned
responsibility of managing the
quality assurance system.
N/A
23
TTPP, Training, & Competency Check Requirements
TTPP RequirementApplicable to
CC Program
The training and competency
certification must be done by
evaluators that meet the
requirements of paragraphs 604.
143(4)(a), (b) and (c) of the CARs
or subsection 604.143(5) of the
CARs.
Yes (check
only)
24
TTPP, Training, & Competency Check Requirements
TTPP RequirementApplicable to
CC Program
Only instructors that meet the
requirements of CAR 604.143(4)(a),
(b) and (c) or of subsection
604.143(5) of the CARs may be used
to deliver TTP (Synthetic Flight
Examiners (SFEs) and Training
Center Evaluators (TCEs) may be
used if the have received training on
the FTG and CAR record keeping).
N/A
25
TTPP, Training, & Competency Check Requirements
TTPP RequirementApplicable to
CC Program
The operator must utilize the
services of a training provider that
utilizes level C or D simulators
that are equipped and configured to
match the aircraft used by the
private operator or as otherwise
permitted in subpart 604.
Depends
26
TTPP, Training, & Competency Check Requirements
TTPP RequirementApplicable to
CC Program
The operator must utilize the
services of a training provider that
utilizes level C or D simulators
that are equipped and
configured to match the aircraft
used by the private operator or as
otherwise permitted in subpart 604.
(E.g. 604.175 for differences.)
Yes
27
TTPP, Training, & Competency Check Requirements
TTPP RequirementApplicable to
CC Program
Training on board an aircraft in
flight is not permitted. N/A
28
TTPP, Training, & Competency Check Requirements
TTPP RequirementApplicable to
CC Program
The private operator must make
available to TC, upon request, the
most recent results of an audit of
the quality assurance program that
meets the requirements of an audit
required under subsection
604.206(2) of the CARs.
Yes
29
TTPP, Training, & Competency Check Requirements
TTPP RequirementApplicable to
CC Program
The private operator must make
available to Transport Canada,
upon request, the most recent
results of a review of the SMS that
meets the requirements of a review
required under subsection
604.207(2) of the CARs.
Yes
30
TTPP, Training, & Competency Check Requirements
TTPP RequirementApplicable to
CC Program
The private operators shall, if
converting from a subpart 604 of
the CARs program to the program
defined in this exemption, conduct
a risk assessment to assess and
mitigate the risks associated with
the hazard of adopting a new
training program.
N/A
31
TTPP, Training, & Competency Check Requirements
TTPP RequirementApplicable to
CC Program
The private operators must make
available to Transport Canada,
upon request, the risk assessment
if one is required by the exemption.
N/A
32
TTPP, Training, & Competency Check Requirements
TTPP RequirementApplicable to
CC Program
The private operators must provide
to their training provider the most
recent company risk profile
required under subparagraph
604.203(1)(c)(ii) of the CARs.
No
33
TTPP, Training, & Competency Check Requirements
TTPP RequirementApplicable to
CC Program
Training program must be operator
specific and is designed to mitigate
the risks identified by company risk
profile.
Yes
34
TTPP, Training, & Competency Check Requirements
TTPP RequirementApplicable to
CC Program
Training program must meet the
knowledge and experience
requirements currently required by
subpart 604 of the CARs.
Yes
35
TTPP, Training, & Competency Check Requirements
TTPP RequirementApplicable to
CC Program
Training program must consist of 3
phases.N/A
36
TTPP, Training, & Competency Check Requirements
TTPP RequirementApplicable to
CC Program
Training providers must provide to
the private operator certification of
pilot proficiency for each pilot at the
successful completion of the
training program.
Yes
37
TTPP, Training, & Competency Check Requirements
TTPP RequirementApplicable to
CC Program
When assessing the level of pilot
proficiency in Phase 1, a completed
copy of the form utilized to ensure
that the pilot demonstrate a level of
proficiency sufficient to successfully
complete a competency check or pilot
proficiency check must be made
available to Transport Canada, upon
request.
N/A
38
TTPP, Training, & Competency Check Requirements
Can I do training on-board-an-aircraft-in-flight
under the TTPP?
No. Only level C or D simulators may be used in a
TTPP.
39
TTPP, Training, & Competency Check Requirements
The FTG defines the COP standards for the
CAR 604 mandatory COP elements. To what
standard are the other elements evaluated
(e.g. operator SMS items)?
The operator defines the evaluation standard in
the TTPP section of their operations manual using
the FTG as a guide where applicable and
“industry standards” where the FTG is silent on a
COP element.
40
TTPP, Training, & Competency Check Requirements
Must I use an instructor who meets CAR
604.143(4) (a),(b) &(c) or 604.143.(5) for all
three phases of my TTPP?
Yes, because of the continuous evaluation. The
qualifications for an instructor are different and are
found in 604.144(1). The main difference is that a
ministerial authorization is not required for
instructors.
41
TTPP, Training, & Competency Check Requirements
Can I use the TTPP to obtain my initial type
rating?
No.
Yes, if the TTPP covers all elements of the initial
type training and ends with a “traditional” CC ride.
42
TTPP, Training, & Competency Check Requirements
References:
CAR 604.143
CAR 604.166-183
Exemption NCR-033-2016
Advisory Circular AC 604-003
43
TTPP, Training, & Competency Check Requirements
Questions?
44
Signing Pages 13 & 14 in ADB
Common questions and concerns about the
Aviation Document Booklet (ADB)
45
Signing Pages 13 & 14 in ADB
46
Signing Pages 13 & 14 in ADB
47
Signing Pages 13 & 14 in ADB
Two separate issues have come up:
1. Who can sign in this space?
2. Will this suffice to meet international
requirements?
48
Signing Pages 13 & 14 in ADB
First, who can sign in this space?
A person designated by the minister. But who is
that?
49
Signing Pages 13 & 14 in ADB
Who is a “Person Delegated by the Minister?”
• ACP (Approved Check Pilot)
• DFTE (Designated Flight Test Examiner)
• Foreign equivalent to the above (CAR part IV or
VII)
• Synthetic Flight Examiners (SFEs) and Training
Center Evaluators (TCEs) may be used if the
have received training on the FTG and CAR
record keeping requirements
50
Signing Pages 13 & 14 in ADB
Who is a “Person Delegated by the Minister?”
(cont’d.)
• For private operators, anyone who meets the
requirements of CAR 604.143(4)(a), (b) and (c)
(i.e. DFTE, ACP, or foreign equivalent).
• Someone who meets the requirements of
subsection 604.143(5) (another person
designated by the private operator) of the
CARs.
51
Signing Pages 13 & 14 in ADB
Who is not a “Person Delegated by the
Minister?”
• For private operators, anyone designated by the
private operator to certify competency. (This
provision expired Jan 31, 2017.)
• The training provider/organization.
52
Signing Pages 13 & 14 in ADB
It is the pilot’s (and private operator’s)
responsibility to prove competency. Every effort
should be made to ensure the ACP, DFTE, or TO
makes the required entry in the ADB. If for some
reason the entry is not made, or it is forgotten,
effort should be made to get the ADB signed later.
53
Signing Pages 13 & 14 in ADB
However, competency can be certified in several different ways and making an entry on pages 13 &
14 of the ADB is only one way to do this.
Another way is to carry a copy of the test report with you, or other proof of competency accepted
by TC (e.g. log book stickers).
For IR records see AC 401-004 section 6.5(4) and AC 401-005 section 4.0(2).
54
Signing Pages 13 & 14 in ADB
Acceptable IR Records are:
• An entry on a Competencies Record page of
the candidate’s ADB stating the end date of the
recency period for the IPC with the name,
signature and licence number of the examiner.
• An entry of the flights in the pilot log book to
clearly show that the IFR recency requirements
of subsection 401.05(3) of the CARs been met.
• A copy of the completed IPC report with licence.
55
Signing Pages 13 & 14 in ADB
There is no real guidance for ACPs, DFTEs, etc.
on how to complete this section of the ADB when
it comes to PPCs, CCs, etc.
56
Signing Pages 13 & 14 in ADB
In Canada it will be comparatively easy to deal
with this issue.
The problem can be in foreign jurisdictions where
the frontline official you are dealing with does not
understand how this works in Canada. And they
may not care.
57
Signing Pages 13 & 14 in ADB
Second, will this suffice to meet international
requirements?
58
Signing Pages 13 & 14 in ADB
Initial certifications are made here for 90 days.
59
Signing Pages 13 & 14 in ADB
New license type: CPL, ATPL (H), PPL, etc.
New Type Rating: BE20, C550, BE02, etc.
New Class: SE, ME, L, S, etc.
Other Ratings: FI, IR, SO, etc.
After 90 days the permanent sticker sent from TC
should be placed on top of the original entry.
On re-issue of the licence TC will print any valid
licenses/ratings/permits on pages 3 & 4 of the
ADB.
60
Signing Pages 13 & 14 in ADB
61
Signing Pages 13 & 14 in ADB
Any recurrent training events and qualifications
(competency records) are entered on pages 13
&14. Examples are:
Validity (months)
AOC PORD ICAO (CAT)
IR Recency 12 24 6
PPC 12 24 6
CC N/A 24 N/A
TTPP N/A 24 N/A
62
Signing Pages 13 & 14 in ADB
How do we certify annual competency when
the CC, TTPP, or PPC is only done every two
years?
• Should not be an issue within Canada.
• You will need to meet foreign state requirements
as required by the applicable state authority.
63
Signing Pages 13 & 14 in ADB
What to do when I’m going to another country
and the local authorities may not accept my
ADB because: (1) Page 13/14 page is not
signed or (2) Page 13/14 is not signed within
the last 12 months?
• Enquire before you go what the foreign
authorities will accept.
• Take copies of training records with you for
additional support.
64
Signing Pages 13 & 14 in ADB
References:
Canadian ADB (Pilot’s License)
Advisory Circular AC 401-004
Advisory Circular AC 401-005
Flight Test Guide – Competency Check (Private
Operators)
ICAO Annex 6 Part 1
ICAO Annex 6 Part 2
65
Signing Pages 13 & 14 in ADB
Questions?
66
Ground Instructor Qualifications
A quick look at the requirements for ground
instructors
67
Ground Instructor Qualifications
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.
CAR 604.144(2)
68
Ground Instructor Qualifications
What is the purpose of the rule?
To ensure the ground instructors are suitably
qualified beyond the technical knowledge to teach
the student(s).
69
Ground Instructor Qualifications
How does a person comply with this rule?
• University
• Community college
• Training as a flight instructor
• Other structured class room training
• On-line training
• Any other suitable course
70
Ground Instructor Qualifications
As currently written the CAR is sufficiently vague
to allow a Chief Pilot fairly wide discretion.
It is the responsibility of the Chief Pilot to
ensure that the training received is adequate for
the contemplated ground instruction, taking into
account the scope and complexity of the
subject to be taught, and the risk involved if the
student fails to adequately comprehend and learn
the subject being taught.
71
Ground Instructor Qualifications
How does on-line/internet training comply with
this rule?
The Chief Pilot should evaluate the training
material. Any good training material will be built
with due consideration of:
(a) The teaching and learning processes.
(b) Instructional techniques.
(As applicable to on-line training.)
72
Ground Instructor Qualifications
References:
CAR 604.144(2)
73
Ground Instructor Qualifications
Questions?
74