Anyone have a TP-2943 Personnel Licensing Procedures Manual.

[Gilles Hudicourt]

I am looking for a copy of the old Transport Canada document TP-2943 Personnel Licensing Procedures Manual, which was struck off in 2006.

I specifically need the Chapter 12, "Validation of Foreign Licences"

If anyone has a copy that they could send me, please email me or PM me for making arrangements.

I need it of course for the Foreign pilot issue.

Thanks.

Gilles Hudicourt

[47north]

TP 2943 Personnel Licensing procedures Manual was replaced by Staff Instructions:

(1) The Personnel Licensing Procedures Manual (PLPM) was the primary guidance document for flight crew licensing. This manual will be replaced by a series of Staff Instructions (SIs) following the “Integrated Management System” (IMS) Documentation Framework being implemented by Transport Canada Civil Aviation (TCCA).

I think you are totally on the right track. Keep it up.

.

SI No. 400-005 - Foreign Licence Validation Certificate

Issuing Office: Civil Aviation
PAA Sub Activity Area: Qualifying
Classification File No.: Z 5000-32
Issue No.: 02
RDIMS No.: 5203021-V44
Effective Date: 2011-04-05

1.0 Introduction

1.1 Purpose

The purpose of this Staff Instruction (SI) is to provide standardization and guidance for the issuance of a Foreign Licence Validation Certificate (FLVC) in accordance with the Canadian Aviation Regulations (CARs).

1.2 Applicability

This document is applicable to Transport Canada Civil Aviation (TCCA) licensing staff.

1.3 Description of Changes

(1) Aligns the SI to a standard format;
(2) Makes changes to improve workflow; and
(3) Corrects any differences between the SI and the AC (Advisory Circular) of the FLVC.
2.0 References and Requirements

2.1 Reference Documents

It is intended that the following reference materials be used in conjunction with this document:
(a) Aeronautics Act (R.S., 1985, c. A-2);
(b) Part I, Subpart IV of the Canadian Aviation Regulations (CARs) - General Provisions;
(c) Part IV, Subpart I of the CARs - Validation of Foreign Licences;
(d) Standard 421 of the CARs - Flight Crew Permits, Licenses and Ratings;
(e) Advisory Circular (AC) 400-003, Issue 02, 2011-04-05 - Foreign Licence Validation Certificates;
(f) Convention of International Civil Aviation Organization (ICAO) Article 32 and Article 40;
(g) Records Documents and Information Management Systems (RDIMS) - 4484342 Contacts for Civil Aviation Authorities - Licence Verification Purposes;
(h) RDIMS 4484533 - Sample Correspondence - Verification Request; and
(i) RDIMS 4663014 - Request for New File and Amendment to Existing File Civil Aviation.

2.2 Cancelled Documents

Not Applicable.
Note:
By default, it is understood that the publication of a new issue of a document automatically renders any earlier issues of the same document null and void.

2.3 Definitions and Abbreviations

The following definitions and abbreviations are used in this document:
(a) “ARASS” - Activity Reporting and Standards System;
(b) “Commercial Purpose” - flying operations conducted by an air operator, as defined in Subpart 401 of the CARs and in accordance with subsection 421.07(2) of the Standard (STD); and
(c) “DAPLS” - Distributed Air Personnel Licensing System.
3.0 Background
(1) To act as a flight crew member in a Canadian registered aircraft, a foreign licence holder shall be in possession of an appropriate Canadian Pilot Licence, Permit or FLVC.
(2) Flight crew licences issued by a contracting state of ICAO may be validated for use in Canadian registered aircraft by obtaining a Canadian FLVC in accordance with Sections 401.07 of the CARs and 421.07 of the STD.
(3) It is recommended that prior to acting as a flight crew member in a Canadian registered aircraft outside of Canadian airspace, the foreign licence holder should verify with the local Civil Aviation Authority on whether a Canadian FLVC is required for the flight in their country’s airspace.
Note:
Although ICAO requires appropriate certification for licence holders operating foreign registered aircraft for international operations, the local Civil Aviation Authority may have other licensing requirements. (ICAO “Convention on International Civil Aviation” - Article 32)

4.0 Conditions

(1) Subsection 401.03(1.1) of the CARs states that
“No person shall exercise the privileges of a foreign licence validation certificate unless the person, holds the appropriate foreign licence validation certificate, has signed the certificate and can produce the certificate when exercising those privileges.”
(2) A FLVC may be issued for holders of the following foreign licences:
(a) Private Pilot Licence - Aeroplane, Helicopter;
(b) Commercial Pilot Licence - Aeroplane, Helicopter;
(c) Airline Transport Pilot Licence - Aeroplane, Helicopter;
(d) Multi-Crew Pilot Licence;
(e) Glider Pilot Licence;
(f) Balloon Pilot Licence; and
(g) Flight Engineer Licence.
(3) The foreign licence must be valid and endorsed with an English or French language proficiency rating for operations in Canadian airspace.
(4) For international flights (outside of Canadian airspace) the foreign licence must be endorsed with a valid English language proficiency rating.
Note:
All ICAO contracting states are to be compliant with the ICAO Language Proficiency requirements by March 5, 2011.
(5) A valid foreign medical certificate must accompany the foreign licence.
(6) A FLVC is issued for specific purposes, in accordance with subsection 421.07(2) of the STD and is subject to any purpose or restriction specified on the FLVC.
(7) A FLVC will be issued for the time period requested by the applicant, up to a maximum of one year. Upon expiry, TCCA may issue a new FLVC if the applicant continues to meet the requirements of issuance and submits a new application.
(8) The holder of a FLVC issued for commercial purposes, in addition to exercising the specific purpose annotated on the FLVC, may also exercise the privileges of the foreign pilot licence for recreational flying.
(9) A FLVC shall not be issued if the applicant:
(a) Does not meet all the requirements of Sections 401.07 of the CARs and 421.07 of the STD;
(b) Is the holder of a valid foreign licence that is not issued by a contracting state of ICAO;
(c) Holds a foreign licence issued on the basis of another licence from another state;
(d) Has recently failed a TCCA written examination, flight test or aviation medical examination for an equivalent category of licence;
(e) Is the holder of a Canadian licence, permit, rating or medical certificate that is suspended or cancelled at the time of application; and
(f) Resides full time in Canada.

5.0 Processing an Application - Reviewing Documentation

According to the Level of Service commitment, a FLVC should be issued within 2 to 5 business days after all pertinent documents and / or a licence verification from the foreign Civil Aviation Authority have been received. Please refer to the following link for more details:
http://www.tc.gc.ca/eng/civilaviation/o ... ds-549.htm

5.1 Documents Required for a Recreational Application

(1) In order to process request to obtain a FLVC for recreational flying, the following documents must be received:
(a) A completed application for the FLVC.
(b) A valid foreign flight crew licence or a valid temporary foreign flight crew licence, that is endorsed with:
(i) privileges and ratings applicable for the FLVC application;
(ii) A valid English or French language proficiency rating to a minimum “Operational level” (ICAO level 4). If a language proficiency rating is not endorsed on the licence, or in the case where the licensing staff is unable to determine the validity of the language proficiency rating, then the applicant shall provide a letter from the same Civil Aviation Authority that issued the licence attesting to the validity and the language proficiency level attained.
Note:
(A) All ICAO contracting states are to be compliant with the ICAO Language Proficiency requirements by February 2011;
(B) Some ICAO states may not be fully compliant with the language proficiency requirements, but will have posted their language proficiency implementation plan on the following ICAO web site: http://www.icao.int/fsix/lp.cfm;
(C) In the above case (where the an ICAO state has posted their language proficiency implementation requirements on the above ICAO web site), and where the foreign licence holder meets the requirements of the implementation plan, TCCA licensing staff should accept that evidence as meeting the language proficiency requirement.
(c) A valid medical certificate issued by the same state that issued the licence. In the case of a licence issued by a member country of the European Aviation Safety Agency (EASA), a medical certificate issued by any EASA member country should be accepted;
(d) A copy of the data page from the applicant’s passport indicating photo identification, name, signature, date of birth and citizenship; and
(e) The fee specified in Subpart 104 of the CARs, Schedule IV, Item 14.
Note:
(i) When an applicant submits original documents, it is not necessary for licensing staff to request a licence verification from the Civil Aviation Authority that issued the licence, unless there are concerns over the authenticity or validity of the documents presented. Licensing staff should photocopy each original document and certify the copy as a true copy of the original document;
(ii) When an applicant submits copies of documents or when documents are submitted by fax or e-mail, licensing staff must contact the Civil Aviation Authority that issued the licence and request verification of the licence. “Contacts for Civil Aviation Authorities - Licence Verification Purposes” is available in RDIMS 4484342. It may take several weeks to receive a reply from some foreign Civil Aviation Authorities; and
(iii) A sample letter requesting a licence verification from a foreign Civil Aviation Authority can be found in RDIMS 4484533.

5.2 Documents Required for a Commercial Application

(1) An application for a commercial FLVC shall only be accepted from a Canadian or foreign air operator that is submitting the application on behalf of the applicant. The documents required are:
(a) A completed application for the FLVC.
(b) A valid foreign flight crew licence or a valid temporary foreign flight crew licence, that is endorsed with:
(i) Privileges and ratings applicable for the FLVC application;
(ii) A valid English or French language proficiency rating to a minimum “Operational level” (ICAO level 4). If a language proficiency rating is not endorsed on the licence, or in the case where the licensing staff is unable to determine the validity of the language proficiency rating, then the applicant shall provide a letter from the same Civil Aviation Authority that issued the licence attesting to the validity and the language proficiency level attained.
Note:
(A) Some ICAO states may not be fully compliant with the language proficiency requirements, but will have posted their language proficiency implementation plan on the following ICAO web site: http://www.icao.int/fsix/lp.cfm;
(B) In the above case (where the an ICAO state has posted their language proficiency implementation requirements on the above ICAO web site), and where the foreign licence holder meets the requirements of the implementation plan, TCCA licensing staff should accept that evidence as meeting the language proficiency requirement.
(c) A valid medical certificate issued by the same state that issued the licence. In the case of a licence issued by a member country of the EASA, a medical certificate issued by any EASA member country should be accepted;
Note:
A regulatory change resulting from NPA 2008-150 will introduce a 12-month validity for Category 1 medicals for pilots between 40 and 60 engaged in multi-crew operations. Some other countries have already adopted this ICAO standard. We should accept these medicals as valid for purposes of validating the foreign licence.
(d) A copy of the data page from the applicant’s passport indicating photo identification, name, signature, date of birth and citizenship; and
(e) The fee specified in Subpart 104 of the CARs, Schedule IV, Item 14.
(2) In addition to the above, the air operator must include a written statement containing the following information:
(a) A declaration that the pilot for which the application is being made holds a valid licence and medical certificate that are appropriate for the privileges required for the operation and are valid in accordance with the law of the State that issued the licence;
(b) A detailed description of the operation to be undertaken by the applicant;
(c) The geographical location where the operation will take place;
(d) The required duration to complete the specific operation; and
(e) A brief explanation why the holder of a Canadian flight crew licence cannot be used.
Note:
(i) When an applicant submits original documents, licensing staff must photocopy each document and certify the copy as a true copy of the original document and then return the originals to the applicant; and
(ii) Licensing staff are not required to request licence verification unless there are concerns over the authenticity or validity of the documents presented. It is the responsibility of the air operator to verify that each licence holder is properly qualified and holds an appropriate and valid licence and medical certificate.

421.07 Validation of Foreign Licences

(1) Issue of Foreign Licence Validation Certificate
(a) A Foreign Licence Validation Certificate shall be issued to an applicant who provides the following:
(i) a foreign licence valid under the laws of a contracting state and valid for the privileges requested; and
(ii) a letter requesting issue of the Foreign Licence Validation Certificate and specifying the purpose for which the foreign licence is to be validated.
(b) The Foreign Licence Validation Certificate shall normally be issued for a period of one year from the date of issue. A shorter period may be granted upon the applicant’s request.
[Amended 1998/03/23 - Previous Version Dated 1996/10/10]
(c) If the medical validity period of the licence issued by a contracting state other than Canada is longer than the ICAO standard, the validation shall be limited to Canadian airspace.
[Amended 2003/03/01 - Previous Version Dated 2000/09/01][Amended 2000/09/01 - No Previous Version]
(2) Purposes for Which Foreign Licence Validation Certificates May Be Issued
(a) for the holder to undergo a flight test;
(b) for private recreational flying;
(c) for ferry of an aircraft registered in Canada to or from a foreign country;
(d) for the holder to give type rating training on an aircraft registered in Canada to the registered owner, or to Canadian flight crew employed by the registered owner;
[Amended 2003/03/01 - Previous Version Dated 1996/10/10]
(e) for the holder to receive training in a Canadian registered aircraft;
[Amended 1998/03/23 - Previous Version Dated 1996/10/10]
(f) for operation of aircraft registered in a foreign state under the operating certificate of a Canadian carrier provided that the privileges are limited to the type of aircraft being operated;
[Amended 1998/03/23 - Previous Version Dated 1996/10/10]
(g) for operation of Canadian aircraft on Canadian commercial air services in urgent circumstances; such as fire suppression operations, emergency agricultural and forestry aerial application, airlift in relief of domestic natural disasters, and search and rescue operations;
[Amended 1998/03/23 - Previous Version Dated 1996/10/10]
(h) for commercial air services operated entirely within a foreign country where pilots holding a licence from that country may have their licence validated for operation of Canadian registered aircraft in that country;
[Amended 1998/03/23 - No Previous Version]
(i) for the operation of aircraft registered in Canada on lease to foreign carriers;
[Amended 1998/03/23 - No Previous Version]
(j) for reasons other than those mentioned above where approval may be given if, in the opinion of the Minister, it is in the public interest and not likely to affect aviation safety.
[Amended 1998/03/23 - No Previous Version]

[Gilles Hudicourt]

I think you are totally on the right track. Keep it up.

Thanks. I think so too. It's not moving as fast as I would like, but we will get results, or way or another.

[RogerCheckCopy]

I would say right cause, wrong track! I will ask one more time: Is this a genuine aviation SAFETY issue or a labour and immigration issue? Don't give me the "you don't read my posts" because "TC is supposed to uphold all the rules".

[Gilles Hudicourt]

It's a genuine, flagrant and outrageous violation of the Canadian Aviation Regulations.

Pilot Qualifications

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;

This CAR leads to this standard

725.106 (6) Use of a Person not Qualified in Accordance with the Canadian Aviation Regulations to Act as Pilot-in-Command or Second-in-Command (refers to subparagraph 705.106(3)(b)(ii) of the Canadian Aviation Regulations)

Authority may be given for other than an air operator employee pilot to occupy a flight crew seat when training, conducting line indoctrination training, and while the first air operator flight crews are completing consolidation and crew pairing minimum flight time requirements on a new aeroplane type.

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 endorsements. Where the pilot holds a foreign pilot licence, the licence and (as applicable) the instrument rating shall be validated by Transport Canada - Civil Aviation.

The pilot may be authorized to conduct pilot checks provided the requirements of the Company Check Pilot Manual (TP6533) 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.

During revenue flights foreign licensed pilots shall not replace Canadian licensed pilots. They can act as qualified pilot in replacement of a training pilot where the training pilot is authorized to occupy the jump seat for the purpose of crew pairing requirements (section 725.108) or transition line indoctrination (subsection 725.124(33)).

When I wrote to Transport Canada to ask to whom these restrictions on Canadian Pilots (in Red) applied to in CASS 725.106 (6), Captain Denis Guindon, Director of National Operations, Civil Aviation, was not embarrassed or reluctant to write this bit of nonsense to me:

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.

This is, in essence, Captain Denis Guindon's version of CASS 725.106 (6):

1) Foreign licenced pilots are free to fly for 705 operators anytime they have a valid FLVC except that Canadian pilots are given priority over foreign pilots to provide Line Checks when a new Aircraft Type is introduced. The rest of the time foreign licenced pilots are ok.
2) Foreign Licenced pilots are never allowed on revenue flights when the airline has just introduced a new aircraft type for which a foreign pilot has been hired to do line checks. Once the aircraft is no longer a new aircraft type that has been just introduced, foreign licenced pilots are ok to use.

The real meaning of all this is that:
705.106 (1) (a) prohibits foreign licenced pilots under Part 705, for a FLVC is not a licence.
705.106 (3) says that foreign licenced pilots may ferry, position and do training under 705.
725.106. (6) say that a foreign licenced pilot may further do line checks if a Canadian pilot is not available and when introducing a new aircraft type, but that in any case, they shall never be used for line flying. It stop at line checks for the above stated reasons.

That is the real nature of 705.106 (1) (a).

A FLVC is not a licence.

[AsheetMaDraws]

Genuine, flagrant, outrageous violation?

Gilles,
I think you're reaching on this one.
Now that Sunwing has started to hire Canadian pilots, you're still
not satisfied. Transport Canada is part of a conspiracy to
ensure Sunwing has pilots in the winter time?
C'mon man.
What are you going to do about Rouge?
I'm sure Transport Canada somehow is working with Air Canada
to ensure Rouge has a smooth start up and is able to put a big dent
in the summer operation at Transat.
After all, isn't that was this is all about, Transat's business and how
competition is affecting it?
When C3 went under, they could have dominated the market, didn't.
When Zoom went under, same thing.
Sunwing is not going under, though it wouldn't really matter.
The problem is within Transat, not everywhere else.

[Gilles Hudicourt]

Another thing that Captain Denis Guindon forgets, is the meaning of a paragraph according to whether or not it is indented.

In following CASS, where it is written "The pilot shall:" is lined up with the original title and it is not indented from the paragraph that precedes it. It means that the pilot mentioned here refers to pilots "not Qualified in Accordance with the Canadian Aviation Regulations to Act as Pilot-in-Command or Second-in-Command" in the title of 725.106 (6).

If "The pilot shall:" had been indented where it is and all the paragraphs that follows it had been lined up on the same indent, then it could have been interpreted to mean that the pilots referred to there were the "other than an air operator employee pilot" of the paragraph that precedes it, as Captain Denis Guindon affirms in his email to me.

But such is not the case!

Not only does Captain Guindon imply that the FLVC is a licence according the CARs, he further distorts the basic principles on which the CARs are founded by using a twisted and improper interpretation of these CARs to serve outside policies.

725.106 (6) Use of a Person not Qualified in Accordance with the Canadian Aviation Regulations to Act as Pilot-in-Command or Second-in-Command (refers to subparagraph 705.106(3)(b)(ii) of the Canadian Aviation Regulations)

Authority may be given for other than an air operator employee pilot to occupy a flight crew seat when training, conducting line indoctrination training, and while the first air operator flight crews are completing consolidation and crew pairing minimum flight time requirements on a new aeroplane type.

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 endorsements. Where the pilot holds a foreign pilot licence, the licence and (as applicable) the instrument rating shall be validated by Transport Canada - Civil Aviation.

The pilot may be authorized to conduct pilot checks provided the requirements of the Company Check Pilot Manual (TP6533) 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.

During revenue flights foreign licensed pilots shall not replace Canadian licensed pilots. They can act as qualified pilot in replacement of a training pilot where the training pilot is authorized to occupy the jump seat for the purpose of crew pairing requirements (section 725.108) or transition line indoctrination (subsection 725.124(33)).

If it is the intent of this Government and of the Minister to allow Foreign Licenced Pilots to fly the line for 705 Operators in order to submit to the policies of CIC and HRSDC, there is only way to achive it: It's called CARAC, for the CARs as they are presently written, prohibit the foreign pilots from flying the line for 705 Operators. CARAC is the only way to modify the Regulations.

Instead, they resorted to charging Mickey Mouse with interpretation of the CARs and in the process are putting the whole system at risk and exposing the Canadian Public to a large accident in which the carrier would have no valid insurance.

If I am wrong, why doesn't anyone sue me for writing this I wonder.

[Gilles Hudicourt]

I need to read the contents of Chapter 16 the defunct Transport Canada document TP-2943 Personnel Licensing Procedures Manual please

If anyone has it, please post it here, email me or PM me.

It is supposed to contains the orgin of CASS 421.07 (j) with which TC justifies issuing FLVCs to foreign pilots.

[CD]

I need to read the contents of Chapter 16 the defunct Transport Canada document TP-2943 Personnel Licensing Procedures Manual please

If anyone has it, please post it here, email me or PM me.

It is supposed to contains the orgin of CASS 421.07 (j) with which TC justifies issuing FLVCs to foreign pilots.

Are you certain that Chapter 16 is what you were looking for... Chapter 16 addressed the following: "Suspension and Re-Activation of Canadian Aviation Documents Pursuant to the Family Orders & Agreements Enforcement Assistance Act".

In your other thread where you asked about this manual, you had requested information related to Chapter 12 - Validation of Foreign Licences:

AvCanada: Need a copy of the old TP-2943 PLPM

Either way, the manual is available in the archive referenced in the other thread...

[Gilles Hudicourt]

Thank you once again CD. I couldn't for the life of me find that reference you had previously provided.

Here the last page of NPA 97-095 dated Feb 1997. On it they provide a Rationale for adding 421.07(2) (i) and (j).

https://dl.dropboxusercontent.com/u/105 ... -095-5.jpg

Gilles

[Gilles Hudicourt]

Here the Direct link to 2006 version of the TP-2943 Personnel Licensing Procedures Manual

http://www.collectionscanada.gc.ca/weba ... 3/menu.htm

[Gilles Hudicourt]

I know I'm getting picky but I need a 1997 or 1998 version of this document now.

Anyone know how I can get that ? The 2006 version does not contain what I'm looking for.

[Gilles Hudicourt]

I have now found Fifth Edition from May 1998, but that again is too recent. I need the Fourth Edition, which I think was published in Oct 1991.

Sorry for the multiple thread.

http://www.avcanada.ca/forums2/viewtopi ... 86#p895888

I am convinced that someone pulled a fast one at TC when they created 421.07(2)(j) in order to allow foreign licensed pilots to perform commercial revenue flights in Canada as they do today.

That manual may contain the smoking gun, or I may be wrong. I will only know when I find it.

[Gilles Hudicourt]

Sent to Library and Archives Canada:

Hello,

I am looking for the Fourth Edition of the Transport Canada TP 2943 - Personnel Licensing Procedures Manual.

I found the 2006 version on your website. However, it is the sixth and latest version of that document which has now been withdrawn by Transport Canada
http://www.collectionscanada.gc.ca/weba ... 3/menu.htm

I sent an access to Information request to Transport Canada for the Fourth Edition of that document, published in Oct 1991. They replied that the oldest version they had on file was the May 1998 Fifth Edition, which they sent me.

I am, however, looking for the Fourth Edition. Several Regulations I am researching make Reference to Paragraphs of the Chapter 16 of the Fourth Edition. The Fifth Edition, which I have, only has 15 Chapters and the Chapter 16 of the Sixth Edition refers to a different subject.

Would you happen to have a copy of the Fourth Edition of this document ?

Thank you kindly.

Gilles Hudicourt