Transport Canada has recently announced a significant change to
the recency regulations impacting license and permit holders.
In order to exercise the privileges of a permit, license or
rating, pilots must comply with section 401.05 of the Canadian
Aviation Regulations SOR/96-433 ("CARs") and its
associated subparts. This section of the CARs requires that a pilot
have acted as pilot-in-command or co-pilot of an aircraft within
the previous five years preceding the flight.
Transport Canada has now introduced another option for pilots
which allows license and permit holders to comply with the recency
requirements instead of acting as pilot-in-command or co-pilot of
an aircraft. This change will apply to holders of a Canadian
Private Pilot Licence, a Canadian Commercial Pilot Licence, a
Canadian Airline Transport Pilot License, a Canadian Multi-crew
Pilot Licence and a Canadian Recreational Pilot Permit. Effective
immediately, the change allows for a license and permit holder to
only complete a pilot training program, approved in accordance with
the applicable Subpart of Part VII of the CARs, in a Level C or D
full-flight simulator approved under section 606.03 of the
According to Transport Canada the exemption is in effect until
the earliest of:
September 1, 2021 at 23:59
The date on which any condition set
out in this exemption is breached;
The date on which an amendment to the
appropriate provisions of the CARs or related standards, modifying
the subject-matter specifically addressed in this exemption, comes
into effect; or
The date on which this exemption is
cancelled in writing by the Minister where he is of the opinion
that it is no longer in the public interest or is likely to
adversely affect aviation safety.
As of the date of this Alert, and according to the Justice Laws
Website, the CARs had not been formally updated to reflect this
In two unanimous decisions released October 19, 2007, the Supreme Court has reversed the majority position of the Ontario Court of Appeal in Herbison and Vytlingam and concluded that the use of the words directly or indirectly; in section 239 (1) of the Insurance Act and the Family Protection Endorsement OPCF 44R does not eliminate the requirement of an unbroken chain of causation.
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