Canadian Aviation Regulations (SOR/96-433)

Issuance and Endorsement of Flight Crew Permits, Licences and Ratings

• 401.06 (1) Subject to section 6.71 of the Act, the Minister shall, on receipt of an application submitted in the form and manner specified in the personnel licensing standards, issue a flight crew permit or licence to the applicant or endorse the applicant’s flight crew permit or licence with a rating if the applicant provides documentation to the Minister that establishes

  • (a) the applicant’s citizenship;

  • (b) that the applicant meets the applicable requirements set out in the personnel licensing standards in respect of

    • (i) minimum age,

    • (ii) medical fitness,

    • (iii) knowledge,

    • (iv) experience, and

    • (v) skill; and

  • (c) that the applicant has successfully completed, within the applicable period specified in the personnel licensing standards preceding the date of application for the permit, licence or rating, a flight test in accordance with the personnel licensing standards.

• (1.1) An application shall also include

  • (a) in the case of a licence or a permit, one photograph of the applicant that meets the requirements of subsection 421.06(3) of the personnel licensing standards; and

  • (b) in the case of a licence, documentation establishing that the applicant demonstrated, by means of an evaluation, their ability to speak and understand English or French, or both, at the operational or expert level in accordance with the language proficiency scale set out in the table to subsection 421.06(4) of the personnel licensing standards.

• (2) The certification of additional privileges on a permit or licence expires at the end of the period specified on the licence or permit or on receipt of a new permit or licence granting those privileges, whichever is earlier.

• (3) The Minister shall extend the validity period of a flight instructor rating for a period of not more than 90 days beginning on the day on which the rating would otherwise expire, if

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

  • (b) the applicant demonstrates that there has been no reasonable opportunity to renew the rating within the 90 days before the day on which the rating would otherwise expire.

Validation of Foreign Licences

• 401.07 (1) Subject to section 6.71 of the Act, if the holder of a foreign flight crew licence issued by a contracting state other than Canada meets the applicable requirements set out in the personnel licensing standards and does not reside in Canada, the Minister shall, on receipt of an application submitted in the form and manner set out in those standards, issue a foreign licence validation certificate to the holder of the licence.

• (2) The Minister shall, in accordance with the personnel licensing standards, specify in a foreign licence validation certificate the privileges that may be exercised by the holder of the certificate.

Personal Logs

• 401.08 (1) Every applicant for, and every holder of, a flight crew permit, licence or rating shall maintain a personal log in accordance with subsection (2) and with the personnel licensing standards for the documentation of

  • (a) experience acquired in respect of the issuance of the flight crew permit, licence or rating; and

  • (b) recency.

• (2) A personal log that is maintained for the purposes referred to in paragraphs (1)(a) and (b) shall contain the holder’s name and the following information in respect of each flight:

  • (a) the date of the flight;

  • (b) the type of aircraft and its registration mark;

  • (c) the flight crew position in which the holder acted;

  • (d) the flight conditions with respect to day, night, VFR and IFR;

  • (e) in the case of a flight in an aeroplane or helicopter, the place of departure and the place of arrival;

  • (f) in the case of a flight in an aeroplane, all of the intermediate take-offs and landings;

  • (g) the flight time;

  • (h) in the case of a flight in a glider, the method of launch used for the flight; and

  • (i) in the case of a flight in a balloon, the method of inflation used for the flight.

• (3) No person shall make an entry in a personal log unless the person

  • (a) is the holder of the log; or

  • (b) has been authorized to make the entry by the holder of the log.

Credits towards Requirements for a Flight Crew Permit, Licence or Rating

401.09 The Minister shall, in accordance with the personnel licensing standards, credit the flight time acquired by a person in acting as a flight crew member towards the issuance of the person’s flight crew permit or licence or the endorsement of the person’s flight crew licence or permit with a rating.

401.10 [Reserved, SOR/2014-15, s. 3]

Airline Transport Licence — Training Program and Recording of Time

• 401.11 (1) No person shall record in a personal log the flight time acquired by a co-pilot while acting as pilot-in-command under supervision, unless the flight time

  • (a) was acquired in accordance with an airline transport pilot licence training program approved by the Minister pursuant to subsection (2) and carried out in accordance with the personnel licensing standards; and

  • (b) is recorded in the personal log in accordance with the personnel licensing standards.

• (2) The Minister shall approve a training program referred to in paragraph (1)(a) if the applicable requirements set out in the personnel licensing standards are met.

Validity of Flight Crew Permits and Licences

• 401.12 (1) A flight crew permit or licence that is issued in the form of a booklet label is not valid unless

  • (a) the label is affixed in an aviation document booklet;

  • (b) the booklet number displayed on the label matches the number of the booklet; and

  • (c) the booklet is signed by the holder.

• (2) The validity period of a flight crew permit or licence that is issued in the form of a booklet label starts on the day on which it is issued and ends on the expiry date of the aviation document booklet in which it is affixed.

• (3) The expiry date of an aviation document booklet that has a flight crew permit affixed in it but does not have a flight crew licence affixed in it is the first day of the 121st month following the day on which the booklet was issued.

• (4) The expiry date of an aviation document booklet that has a flight crew licence affixed in it is

  • (a) the first day of the 121st month following the day on which the booklet was issued, if the application for the licence included documentation establishing that the holder demonstrated an expert level ability during their language proficiency evaluation; or

  • (b) the first day of the 121st month following the day on which the holder’s language proficiency evaluation was conducted, if the application for the licence included documentation establishing that the holder demonstrated an operational level ability during the evaluation.

• (5) [Repealed, SOR/2021-152, s. 4]

Division II — Testing

Examination Prerequisites

• 401.13 (1) Prior to taking a written examination, an applicant for a flight crew permit, licence or rating shall meet the prerequisites for the examination set out in the personnel licensing standards with respect to

  • (a) medical fitness;

  • (b) identification;

  • (c) a recommendation from the flight instructor who is responsible for the training of the applicant; and

  • (d) experience.

• (2) The applicant for a flight crew permit, licence or rating must be sufficiently competent in one of the official languages to be able to read the examination questions and to write the answers without assistance.

Flight Test Prerequisites

401.14 Prior to taking a flight test, an applicant for a flight crew permit, licence or rating shall meet the prerequisites for the test set out in the personnel licensing standards with respect to

• (a) medical fitness;

• (b) identification;

• (c) a recommendation from the flight instructor who is responsible for the training of the applicant;

• (d) experience; and

• (e) for applicants for a commercial pilot licence — aeroplane or helicopter, knowledge.

Conduct of a Flight Test

401.15 No person shall conduct a flight test required for the issuance or renewal of a flight crew permit or licence or for the endorsement of a flight crew permit or licence with a rating unless

• (a) the person

  • (i) is designated by the Minister to conduct the flight test, and

  • (ii) meets the requirements of section 425.21 of Standard 425 — Flight Training; and

• (b) the flight test is conducted in accordance with

  • (i) Subpart 8, in the case of an aeroplane or helicopter, or

  • (ii) the personnel licensing standards, in any other case.

Failure of a Flight Test

401.16 Where an applicant has failed a flight test, the applicant shall complete the remedial requirements specified in the personnel licensing standards prior to being retested.

Failure of a Flight Test for a Rating Renewal

• 401.17 (1) Where, during a flight test, the holder of a rating fails to meet the requirements specified in the personnel licensing standards for the lowest class of that rating, the Minister shall suspend the rating.

• (2) Where, during a flight test for a flight instructor rating, the holder of a rating fails to meet the requirements specified in the personnel licensing standards for renewal of the rating but meets the requirements for a lower class of that rating the Minister shall endorse the holder’s licence with the lower class of that rating.

Examiner’s Endorsement of Personal Log — Gliders and Balloons

• 401.18 (1) Where the applicant for a pilot licence — glider successfully completes the flight test required for the licence, the flight test examiner shall so endorse the applicant’s personal log, recording therein the method of launch that was used for the flight test and any other information specified in the personnel licensing standards.

• (2) Where the holder of a pilot licence — glider demonstrates, in accordance with the personnel licensing standards, additional methods of launch to an instructor who holds a flight instructor rating — glider, the instructor shall so endorse the holder’s personal log, recording therein the additional methods of launch used.

• (3) Where an applicant for a pilot licence — balloon successfully completes the flight test required for the licence, the flight test examiner shall so endorse the applicant’s personal log, recording therein the method of inflation that was used for the flight test and any other information specified in the personnel licensing standards.

• (4) Where the holder of a pilot licence — balloon demonstrates, in accordance with the personnel licensing standards, additional methods of inflation to an instructor who holds a flight instructor rating — balloon, the instructor shall so endorse the holder’s personal log, recording therein the additional methods of inflation used.

Division III — Student Pilot Permits

Privileges

• 401.19 (1) The holder of a student pilot permit may act as pilot-in-command of an aircraft of the category for which the permit is endorsed if

  • (a) the flight is conducted for the purpose of the holder’s flight training;

  • (b) the flight is conducted in Canada;

  • (c) the flight is conducted under day VFR;

  • (d) the flight is conducted under the direction and supervision of a person qualified to provide training toward the permit, licence or rating for which the pilot-in-command experience is required; and

  • (e) no passenger is carried on board.

• (2) Despite paragraph (1)(c), the holder of a student pilot permit who is enrolled in an integrated course may act as pilot-in-command during a flight that is conducted under day or night VFR.

Division IV — Pilot Permits

Gyroplanes — Privileges

401.20 The holder of a pilot permit — gyroplane may, under VFR, act as

• (a) pilot-in-command of a gyroplane of a type for which the permit is endorsed with a rating; and

• (b) pilot-in-command or co-pilot of an aircraft for the sole purpose of the holder’s flight training or flight test where

  • (i) in the case of flight training,

    • (A) it is conducted under the direction and supervision of a flight instructor qualified in accordance with section 425.21 of Standard 425 — Flight Training, and

    • (B) no passenger is carried on board, and

  • (ii) in the case of a flight test,

    • (A) it is conducted in accordance with section 401.15, and

    • (B) no passenger is carried on board.

Ultra-light Aeroplanes — Privileges

401.21 The holder of a pilot permit — ultra-light aeroplane may, under day VFR,

• (a) act as pilot-in-command of an ultra-light aeroplane with no other person on board;

• (b) act as pilot-in-command of an ultra-light aeroplane with one other person on board if

  • (i) the holder’s permit is endorsed with a passenger-carrying rating,

  • (ii) the ultra-light aeroplane has no restrictions against carrying another person, and

  • (iii) the holder has completed training, including dual instruction and solo flight, on the class of ultra-light aeroplane being operated;

• (c) act as pilot-in-command of an ultra-light aeroplane with one other person on board if the other person is a holder of a pilot licence or permit, other than a student pilot permit, that allows them to act as pilot-in-command of an ultra-light aeroplane; or

• (d) act as pilot-in-command of an aircraft for the sole purpose of the holder’s flight training or flight test if

  • (i) in the case of flight training,

    • (A) it is conducted under the direction and supervision of a flight instructor qualified in accordance with section 425.21 of Standard 425 — Flight Training, and

    • (B) no other person is carried on board, and

  • (ii) in the case of a flight test,

    • (A) it is conducted in accordance with section 401.15, and

    • (B) no passenger is carried on board.