AuxBatOn wrote:Gilles,
Why do we have the FLVC process in the first place? Why some sections of the law actually deal with the ATPL?
As you know (you alluded to rule intent earlier), rules are not always written in a way that transpire the true intent of the rule. I suspect (because I cannot definitely say) this is such a case.
For ferry flights, for training, etc.
CAR 401.07 (Foreign licence validation) indicates why FLVCs can be issued. It has been modified twice over the last few years, and on each of these modifications, the legislation requires that modifications must not only be published in the
Canada Gazette, but must be also subject of a
Regulatory Impact statement Analysis (RISA) which addresses the issue in question. These RISA which were prepared by the specialists from Regulatory Affairs of Transport Canada are as follows:
Canada Gazette, Vol 133, No 49, December 4 1999 :
CAR 401.07 (Validation of Foreign Licences)
This amendment will add the prohibition that the applicant may not permanently reside in Canada. The change will emphasize the transitory nature of the foreign licence validation certificate. Personnel Licensing and Training Standard 421.07 (Validation of Foreign Licences) limits the maximum duration for which such a certificate may be valid to one year from the date of issue. This standard also sets forth the list of purposes for which such a certificate may be issued. While the issuance of the foreign licence validation certificate accepts the standards of training and operations within the original licensing country, these restrictions upon the duration and purposes of such a certificate minimize the exposure of Canadian operators and the Canadian licensing system to potentially less stringent standards.
CAR 401.07 (Validation of Foreign Licences)
The proposed amendment to CAR 401.07 (Validation of Foreign Licences) will prohibit a permanent resident of Canada from applying for a foreign licence validation certificate. This restriction will support the limited duration and use to which such a certificate can be put. The protection of the safety of the Canadian aviation system from the effect of possibly less rigorous standards applied in pilot licensing elsewhere, which could dilute the worth of a Canadian document if foreign licences were validated in Canada without limit or restriction, will be maintained
It's spelled out. The FLVC was meant to be not only transitory, but also very limited in both time and purpose.
Some guys have been receiving FLVC for line fliying B737 for several years in a row. They have been in constant possession of an FLVC for several years. It that transitory and limited in time and purpose ?
CAR 421.07(2(j) did not exist until 1997. It was created from Scratch by NPA 97-097. One of the the authors of that Regulation back then who was on the CARAC NPA 97-097 committee was an Inspector named Arlo Speer (I have the full package of NPA 97-097 here at home, obtained through an Access to Information request).
I also obtained emails that TC Inspectors exchanged with each other with regards to FLVCs when dozens of pilots filed complaints against the FLVCs to TC. Here is what the very same Also Speer had to write to Jean Francois Mathieu, who was then had of enforcement at TC:
https://dl.dropboxusercontent.com/u/105 ... 111151.jpg
For what it's worth, even given a hugely strict reading, the part 7 regulations cited in no way prevents the validation of foreign licences... those part 7 sections may well preclude a pilot with such a validation from serving as a flight crew member in part 7 operations; however, it's not correct to say that those sections "do not allow Transport Canada to issue" those documents.
So we have one of the original CARAC committee members who was part of NPA 97-097 that created CAR 421.07(2)(j) writing to the Chief of enforcement Inspector at TC that FLVC are not legal for commercial flying under Part 7.
I
Then there is the rest of his email which has been censored and that TC will not release. It probably contains more damning information.
