Flying with FLVCs under Part VII

[Gilles Hudicourt]

Someone wrote to me saying I should have posted the message below on "General Comments" instead of under the Airline thread because it also concerns 702, 703 and 704 operations. That is correct. So rather than post again, here is a link to the original.

viewtopic.php?f=5&t=99311

The document I posted concentrated on 705 Operations. However here are the 702, 703 and 704 clauses that all say the same thing: TO FLY UNDER PART VII ONE NEEDS A CANADIAN LICENCE. ONE IS ALLOWED TO HIRE FOREIGN PILOTS FOR TRAINING, AS ALLOWED BY 421.07, BUT ONLY WHEN CANADIANS ARE NOT AVAILABLE.

Here is the 702 clause that states that to fly commercially for 702 operators, one needs a Canadian licence

Flight Crew Member Qualifications

702.65 No air operator shall permit a person to act and no person shall act as a flight crew member in an aircraft unless the person
(a) holds the licence and ratings required by Part IV or, where the air operator is the holder of an air operator certificate issued in accordance with the North American Free Trade Agreement, the equivalent foreign licence and ratings;

For 703 Operators, you also need a Canadian Licence

Flight Crew Member Qualifications

703.88 (1) Subject to subsections (6) and (7), no air operator shall permit a person to act and no person shall act as a flight crew member in an aircraft unless the person
(a) holds the licence and ratings required by Part IV;

723.88 Flight Crew Member Qualifications
(3) Use of Other than an Air Operator Employee Pilot for Training and Checking

Authority may be given for other than an air operator employee pilot to occupy a flight crew seat when training, or conducting initial operating experience training or flight checks on an air operator's pilots on a new aeroplane type in accordance with the following:

The pilot shall:

(a) provide a resume, proof of background on the type of aeroplane, and recent experience appropriate to the training to be given; and

(b) hold the appropriate licence, ratings and endorsement. Where the pilot holds a foreign pilot licence the licence and (as applicable) the instrument rating shall be validated by Transport Canada Aviation.

The pilot may be authorized to conduct pilot checks provided the requirements of the Company Check Pilot are met, with the exception of the minimum employment time with the air operator.

A foreign licensed pilot may be granted authority for training and checking only when a Canadian licensed pilot is not available.

And for 704 Operators as well

704.108 (1) Subject to subsection (6), no air operator shall permit a person to act and no person shall act as a flight crew member in an aircraft unless the person
(a) holds the licence and ratings required by Part IV;

724.108 Crew Member Qualifications
(2) Use of Other Than an Air Operator Employee Pilot for Training and Checking

Authority may be given for other than an air operator employee pilot who has not completed the requirements of paragraphs 704.108(1)(b), (c), and (d) of the Canadian Aviation Regulations to act as a flight crew member when giving training, conducting line indoctrination and while flight crews are completing the minimum flight time requirements on a new helicopter type. The following are the conditions governing this authorization:

(a) the air operator shall provide a resume on behalf of the pilot containing proof of background on helicopter type and recent experience appropriate to the assignment;

(b) the pilot shall be the holder of an appropriate licence and ratings. Where the pilot holds a foreign pilot licence the licence and, as applicable, the instrument rating shall be validated by Transport Canada Aviation;

(c) The pilot may be authorized to conduct pilot checks provided the requirements of the Company Check Pilot Manual are met with the exception of employment time with the air operator; and

(d) A foreign licensed pilot may be granted authority only when a Canadian licensed pilot is not available.

[Gilles Hudicourt]

So far, 253 Transport Canada employees received an email from our group with a copy of our document in attachment, where we submit that flying under revenue flights in Canada under Part VII with a FLVC is contrary to the CARs, not in the Public Interest, and against the Spirit of the CARs.

So now just about every Transport Canada Inspector, every one at HQ, every Transport Canada Legal Counsel, everyone at Regulatory Services and everyone working at the Standards Office know what our position is and why. It is detailed in a 19 page PDF file.

We are hoping that at least some of the recipients of this document will be brave enough to think for themselves, maybe ask their direct superior at TC what his/her take on letting foreign licensed pilots fly Canadian aircraft under Part VII is, and that the superior will ask his or her superior and so forth.