A message to all Transport Canada Inspectors

[Gilles Hudicourt]

Late last year, many of you received from us a document called "The legality of foreign licence validation certificates (FLVC) to conduct commercial flights in Canada on aircraft operated under Part VII of the Canadian Aviation Regulations (CARs)"

We hope most of you read it. For those who didn't, here is another chance to read the document.

https://www.dropbox.com/s/gl0nvwzqvbxda ... s.pdf?dl=0

The issue we are defending is simple. We think that to fly Commercial Canadian Aircraft in Canada, one needs to have a Canadian Commercial or ATPL licence, not a foreign one.

We think that Foreign Licence Validation Certificates (FLVC) were meant to be issued in specific and limited cases, and that commercial flying is not one of those cases, except for training, ferry flights, in times of natural disasters, war etc..

For part 705, the Regulation reads as follows:

705.106 (1) Subject to subsection (3), no air operator shall permit a person to act and no person shall act as the pilot-in-command, second-in-command or cruise relief pilot of an aircraft unless the person
· (a) holds the licence, ratings and endorsements required by Part IV

It's weird because in the USA, where the FAA does not ever allow Foreign Licenced pilots to fly commercially, they have an almost identical Regulation in the Federal Aviation Regulations (FARs). It reads like this:

§121.383 Airman: Limitations on use of services.
(a) No certificate holder may use any person as an airman nor may any person serve as an airman unless that person—
(1) Holds an appropriate current airman certificate issued by the FAA;

It looks a lot like Canada's CAR doesn't it ?
None of the G-20 countries allow Foreign Licenced pilots to fly Commercially in their country. Canada is the only one. Why ?
Because you have a Director General (DG) and other people in the stratosphere of Civil Aviation who caved in to industry demands. Why? Your guess and assumptions are as good as mine.

As I write these lines , there are close to 200 European pilots working in Canada at the controls of Sunwing Aircraft, about 120 on FLVCs, and the rest at the control of Foreign Wet-Leases.

Why aren't those jobs reserved for Canadians ?

If you are a Transport Canada Inspector and you agree with what is written here, why not take your pen, your keyboard or your phone and let the President of YOUR Union know how you feel ?

Remember the famous saying :

"All that is required for evil to prevail is for good men to do nothing"

Are you good men and women ?

[Gilles Hudicourt]

In case you forgot, it is written in the CARs that one needs to be Canadian to be eligible for an Air Operator Certificate

Eligibility for Air Operator Certificate
700.04 (1) A Canadian is eligible to hold an air operator certificate.

Such Regulations would not exist if this nonsense about the CARs being only concerned with Safety and Public Interest were true.

Then there is CAR 705.106(1) that states that one needs a Canadian licence to fly under Part VII (There are identical clauses in parts 702, 703, and 704).

And finally there is the Standard, 725.106(6) that says:

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

The DG wishes this particular Standard did not exist because people laugh when the Stratosphere people try to explain this one.......

Here is such an explanation received from someone in the Transport Canada Stratosphere:

Your reference to CASS 725.106 (6) does not apply to the situation you are referring to with either Sunwing or Canjet because this CASS is only applicable when an air operator introduces a new airplane type to their operation. It basically provides the possibility for an air operator to temporary employ a foreign pilot in order to provide training or line in-doc where one training pilot would not be available in Canada because being a new type to the operation and/or in Canada.

What this means, is that there is a clause which specifically allows foreign Foreign pilots to come and train us when we are introducing new aircraft, but this clause only concerns foreign pilots training Canadian on new aircraft types, but these same foreign pilots can come and fly older Canadian aircraft year round as long as it is not to train us on new aircraft.

Can all you inspectors read this and do nothing ? I know you are laughing, but this is a grave issue. Can any of you tell Mr Guindon that his explanation does not make any sense and greatly discredits Transport Canada and the Inspector profession ?

[armchair]

None of the G-20 countries allow Foreign Licenced pilots to fly Commercially in their country. Canada is the only one. Why ? Because you have a Director General (DG) and other people in the stratosphere of Civil Aviation who caved in to industry demands.

Gilles, the ministers and various DMs and ADMs responsible for Transport Canada seem to agree with you that the DGCA position has been undermined for the past few years, by incumbents who have done nothing to empower and justify the job. Therefore they just announced that starting in April, the DGCA position will be eliminated (Martin Eley is retiring...) and will be split into two. The DGCA position is being replaced by two ''co-leads'', one for ''Aviation Safety Oversight'', to be headed by current Director National Ops Denis Guindon. The other for ''Aviation Safety Regulatory Framework'', to be headed by current Director Standards Branch Aaron McCrorie. I guess two heads are better than one... who knows - but those two guys are actually solid. If the Montreal Canadians do better without a Captain and with 4 assistants, maybe TCCA will do the same. The new true boss of TCCA is therefore going up one crank to the ADM Safety & Security, whoever that is.

[Gilles Hudicourt]

Thank you armchair. But as you were writing your post, I was editing mine. Please read it again. We both mentioned Mr Guindon at the same time......

Le me review my ATIP files and see what position Mr McCrorie took on the subject of Foreign Pilots.
I happen to have several emails that he wrote on the subject.

[awitzke]

So here's a question, do TC guys and gals really frequent this website to the point they might ACTUALLY read this?

[flyinthebug]

So here's a question, do TC guys and gals really frequent this website to the point they might ACTUALLY read this?

I personally know 2 current and 2 retired Inspectors that read and post on this site.

So, yes. They just choose to stay anonymous as 97% of the forum is.

I also have read many posts over the years on here, by people who claim to be TC. Hard to confirm it on an anonymous site. Their information seems solid most of the time...so I would imagine it is possible some may actually be TC?

There are some though, that's for sure.

Fly safe.

[Gilles Hudicourt]

Here another Gem I received from TCCA. An FLVC is a Canadian Licence. So Foreign pilots with an FLVC conform to 705.106 and 725.106 (6) because having an FLVC, they are no longer foreign licenced, but licensed according to Part IV of the Regulation.

I can't help but wonder if "Julien A." was laughing his head off as he was typing that reply to me on behalf of Jean François Mathieu, to whom my original letter had been sent.

+++++++++++++++++++++

Good day,

Thank you for contacting Transport Canada.

I am writing you today to follow up on your concerns about whether a foreign licence validation certificate (FLVC) is a licence required by Part IV for the purposes of Subparts 703, 704 and 705 of the Canadian Aviation Regulations (CARs).

Subpart 401 of the CARs and the personnel licensing standards specify the requirements to be met to obtain a FLVC. The department has reviewed the requirements of Subparts 401 and 703, 704 and 705 of the CARs and confirms that it is our position that an FLVC falls within the meaning of a “licence…required by Part IV” as that phrase is used in Subparts 703, 704 and 705. As such, this is not an enforcement issue. 

Thank you for bringing this concern to our attention. Please rest assured that our first priority is to promote the highest level of safety in the aviation system. 

Yours truly,

Julien A.
Information Officer /Agent d'information
Civil Aviation Secretariat/ Secrétariat de l'aviation civile
Transport Canada Civil Aviation Communications Centre/
Centre de communications de l’Aviation civile, Transports Canada
1 800 305-2059
Facsimile / Télécopieur 613-957-4208
services@tc.gc.ca 
TTY / ATS (613) 990-4500
Place de Ville (AARCB), Ottawa ON K1A 0N5
http://www.tc.gc.ca/eng/civilaviation/menu.htm 
Government of Canada / Gouvernement du Canada

[Gilles Hudicourt]

Dear Mr. Jean Luc Monette

I am writing you today to follow up on your concerns about whether a foreign licence validation certificate (FLVC) is a licence required by Part IV for the purposes of Subparts 703, 704 and 705 of the Canadian Aviation Regulations (CARs).

Subpart 401 of the CARs and the personnel licensing standards specify the requirements to be met to obtain a FLVC. The department has reviewed the requirements of Subparts 401 and 703, 704 and 705 of the CARs and confirms that it is our position that an FLVC falls within the meaning of a “licence…required by Part IV” as that phrase is used in Subparts 703, 704 and 705. As such, this is not an enforcement issue.

Thank you for bringing this concern to our attention. Please rest assured that our first priority is to promote the highest level of safety in the aviation system.

Yours truly,

Aaron McCrorie


Aaron J. McCrorie
Director Standards, Civil Aviation / Directeur des normes, Aviation civile
(613) 991-6477 | facsimile / télécopieur (613) 952-3298 | TTY / ATS (613) 990-4500
aaron.mccrorie@tc.gc.ca <mailto:aaron.mccrorie@tc.gc.ca>
Transport Canada (AART), Ottawa, Ontario K1A 0N5
Transports Canada (AART) Ottawa (Ontario) K1A 0N5
Government of Canada | Gouvernement du Canada




 

[Gilles Hudicourt]

So they will replace pro-foreign pilots DGCA Martin Eley with a pro-foreign pilots team consisting of Denis Guindon and Aaron McCrorie ? I must take some 500mg tylenol tonight.

Who will their boss be ? Fresh blood, like maybe...... Dan Adamus ?

[Illya Kuryakin]

Even Mexico has a hard line against foreign pilots. A pilot MUST have been borne in Mexico to fly commercially in Mexico. Sounds like a good example to me.
Illya

[photofly]

That seems a little harsh on naturalized immigrants. Lots of Canadian citizens weren't born in Canada.

[Illya Kuryakin]

That seems a little harsh on naturalized immigrants. Lots of Canadian citizens weren't born in Canada.

Oh I think we could amend it to include landed immigrants. But, it'd be a starting point.
Illya

[Cat Driver]

If Canada had the same rules as Mexico I would not have been able to fly here, because I was not born in Canada.

[DonutHole]

They gave you a hard time and you were born here.

[Sasquash]

Flyingthebug:

you are absolutely right. There are many TC inspectors reading this forum and as previously mentionned by Gilles, the same TC inspectors were gagged from discussing foreign pilots issue outside TC.

It would be interesting if someone could snatch up the famous legal opinion from the Dept of Justice, allowing TC to apparently legally issue FLVC to foreign pilots and send it to Gilles' working group anonymously. Let the fun begin after that

[Cat Driver]

So they will replace pro-foreign pilots DGCA Martin Eley with a pro-foreign pilots team consisting of Denis Guindon and Aaron McCrorie ? I must take some 500mg tylenol tonight.

Who will their boss be ? Fresh blood, like maybe...... Dan Adamus ?

Gilles, the more they are forced to restructure the more they get paid " performance bonuses. "

Your best bet is for someone within the system to send you internal documents in brown paper envelopes like they did me.

That way you can at least expose the way their system works.

Do not let this ruin your life as these parasites are not worth it.

. ..

[Kosiw]

Most won't stick their necks out, the system protects incompetence and punishes integrity.

[Sasquash]

true, but what's needed isn't most of them, just a few good ones...