Letter to Dan Adamus, ALPA Canada Board President

Gilles Hudicourt · Post by **Gilles Hudicourt** » Fri Dec 28, 2012 5:53 pm

Captain Dan Adamus
President
ALPA Canada Board
Ottawa

Montreal, December 27th 2012

Subject : Foreign Licence Validation Certificates for Canjet and Sunwing pilots

Dear Captain Adamus,

As we near the end of 2012, we are forced to conclude, once again, that the efforts invested by many to stop, limit or restrict the use by Canjet and Sunwing of foreign pilots as temporary workers have had nil effect. Sunwing is flying a record number of 29 aircraft this winter, and Canjet was able to import all 32 of the pilots it intended to.
Citizenship and Immigration Canada (CIC), despite the overwhelming evidence provided to them that Sunwing was not respecting its part of the bargain in the pilot reciprocity scheme, went ahead and delivered record numbers of work permits to foreign pilots on behalf of Sunwing. Human Resources and Skills Development Canada (HRSDC), despite the efforts made to enlighten them about the type ratings, disregarded all arguments provided to them and delivered LMOs to foreign pilots on the basis that highly experienced Canadian pilots who did not have a current 737NG type rating were not qualified to fly for Canjet. The letters to the MPs, the Senators, the House Committee, the Prime Minister, the appearances before the Senate Committees, had no effect. The petition signed by 2500 pilots to the Immigration Minister was ignored . The stack of 70 to 80 Resumes of qualified Canadian pilots submitted to HRSDC by yourself was ignored. The offer to have Service Canada train 30 Canadian EI recipients on the 737NG and provide them with the jobs that were promised to the foreigners, rather than pay them EI was ignored. The Canadian Transportation Agency (CTA) ruled that its sole mandate, with regards to regulating the wet-lease of foreign aircraft, was to rubber-stamp any complete application submitted to them according to 8.2 of the ATRs. It also ruled that an Airline with two third of its fleet made up of wet-leases or short term leases from European Airlines and over half of it crews contracted out from European airlines was "Canadian".

What now ? Wait till next year ? Roll over ?

On November 21 2012, I filed a concern with the Transport Canada Civil Aviation Issues Reporting System (CAIRS) where I contest the regulation under which all these foreign pilots are issued Foreign Licence Validation Certificates by Transport Canada. I am of the opinion the validations provided to these foreign pilots are provided in violation of the Canadian Aviation Regulations (CARs). Transport Canada has not yet replied to my concern.

Here is what I submitted to them:

Let us begin by looking at the Canadian Aviation Regulations

Validation of Foreign Licences
401.07 (1) Subject to section 6.71 of the Act, if the holder of a foreign flight crew licence issued by a contracting state other than Canada meets the applicable requirements set out in the personnel licensing standards and does not reside in Canada, the Minister shall, on receipt of an application submitted in the form and manner set out in those standards, issue a foreign licence validation certificate to the holder of the licence.
(2) The Minister shall, in accordance with the personnel licensing standards, specify in a foreign licence validation certificate the privileges that may be exercised by the holder of the 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.
(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.
(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;
(e) for the holder to receive training in a Canadian registered aircraft;
(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;
(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;
(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;
(i) for the operation of aircraft registered in Canada on lease to foreign carriers;
(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.

The French version of (j) is even more eloquent :

(j) lorsqu'une demande a la prétention de servir l'intérêt public canadien pour des raisons non pas visées par les circonstances pressantes énumérées ci-dessus, le ministre peut accorder une approbation dans les cas exceptionnels.

On checking the Canada Gazette, Vol. 133, No. 49 — December 4, 1999, we find notes on why CAR 401.07 was modified on that date (http://gazette.gc.ca/archives/p1/1999/1 ... 1-eng.html)
CAR 401.07 (Validation of Foreign Licences)

"The proposed amendment to CAR 401.07 (Validation of Foreign Licences) will prevent an applicant for a foreign licence validation certificate from being a permanent resident of Canada. At present, the holder of a foreign flight crew licence issued by a contracting state (a signatory of the Convention establishing the International Civil Aviation Organization as signed in Chicago in 1944 and amended from time to time), other than Canada, must satisfy only the applicable requirements in the Canadian personnel licensing standards upon applying for a foreign licence validation certificate. 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."

Canada Gazette Vol. 133, No. 49 — December 4, 1999

http://gazette.gc.ca/archives/p1/1999/1 ... 1-eng.html

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. No significant benefit-cost consequences are expected from this proposed amendment.

Canada Gazette, Vol. 135, No. 4 — February 14, 2001

http://gazette.gc.ca/archives/p2/2001/2 ... 9-eng.html
Quote:

CAR 401.07 (Validation of Foreign Licences)

The amendment to CAR 401.07 (Validation of Foreign Licences) prohibits a permanent resident of Canada from applying for a foreign licence validation certificate. This restriction supports 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. No significant benefit-cost consequences are expected from this amendment.

It would be obvious to any reasonable person that 401.7 was never intended to be used by foreign pilots wanting to fly as line pilots of aircraft flying in Canada under 705 operations. Yet, in the past few years, Transport Canada has issued hundreds of Foreign Licence Validation Certificates to the holders of Foreign licences who have used these FLVCs to come back to Canada year after year to fly, not as test pilots, not as temporary instructors, not as ferry pilots, but as line pilots, taking with their foreign licences the jobs of Canadians and holders of Canadian licences.

I re-iterate my firm belief that:
1) FLVC are to be issued only for the specific uses listed under 421.07 (2) and flying the line in 705 operations in Canada is not one of those specific uses according to the CARs.
2) A FLVC, when issued as above, should not be issued for one year and then be renewed year after year. If a foreign pilot should need to fly Canadian Registered aircraft over a long period of time, instead of applying time and time again under 401.07 he/she should seek to obtain a bona-fide Transport Canada issued licence.

Transport Canada published two guidance documents to help its staff evaluate FLVC applications and issue them: Advisory Circular (AC) 400-003, Staff Instruction (SI) 400-005 . These two documents were specifically designed as guidance tools to help Transport Canada personnel evaluate and issue Foreign Licence Validation Certificates. I am of the opinion that they, on the contrary make TC personnel err in their evaluation.

The two documents can be found here:

http://www.tc.gc.ca/eng/civilaviation/o ... 03-122.htm
http://www.tc.gc.ca/eng/civilaviation/o ... 05-225.htm

Advisory Circular (AC) 400-003 states:

"INTRODUCTION

This Advisory Circular (AC) is provided for information and guidance purposes. It may describe an example of an acceptable means, but not the only means, of demonstrating compliance with regulations and standards. This AC on its own does not change, create, amend or permit deviations from regulatory requirements, nor does it establish minimum standards.

The purpose of this AC is to provide information and guidance on obtaining a Foreign Licence Validation Certificate (FLVC) in accordance with the Canadian Aviation Regulations (CARs)."

Although AC 400-003 correctly states in 4.0 (6) that:

"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."

I believe that Transport Canada erred when in the following paragraph of the AC (7), it stated :

"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."

In the previous version of the CAR 421.07 (1) (b), the FLVCs could only be issued for a period of 90 days. When lawmakers changed that limitation and extended it to one year, I do not think that they expected that privilege to be renewable on request for this theoretically will allow holders of Foreign licences to permanently fly Canadian registered aircraft with foreign licences and never have to bother with obtaining a bona-fide Canadian Transport-Canada issued pilot’s licence. Reading the excerpt from the Canada Gazette above it is clearly stated that the residency requirement was included to emphasize the transitory nature of the foreign licence validation certificate, that the standard also sets forth the list of purposes for which such a certificate may be issued and that 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.

How can one go from there and issue unlimited and renewable FLVCs for foreign pilots to fly 705 Operations for a Canadian carrier as a line pilot ?

In my humble opinion, these two documents, both dated April 5th 2011, do not conform to the CARs they are meant to enforce.

Neither of these two documents makes any mention whatsoever of the list of purposes for which a FLVC can be issues according to CAR 421.07 (2) and which the Canada Gazette lists as "restrictions in purpose to minimize the exposure of Canadian Operators and the Canadian licensing system to potentially less stringent standards"

4.0 (9) of the AC states :

A FLVC shall not be issued if the applicant:
(a) Does not meet all the requirements of section 401.07 of the CARs and section 421.07 of the STD;

When a Canadian Airline operating under CAR 705 applies for a FLVC for a foreign pilot, under which of the uses, listed in 421.07 (2) does it justify the application ? The AC and the SI are both mute on the subject. Yet again the Canada Gazette did state that 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.

But requiring a purpose as listed in the CARs is not required in either document.

I went through the reasons (a) through (i) and none of these applied to a line pilot flying 705 operations in Canada. The only one which COULD apply, (j) which is:

(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.

Did the Minister issue a blanket directive stating that it was in the public interest for foreign pilots to be issued FLVCs year after year to come to Canada and take the jobs of Canadians holding Transport Canada licences? If a such a blanket directive was issued by the Minister, why do clauses (a) through (i) even exist in the CARs, since allowing any application under (j) certainly also cover those listed under (a) to (i

When airlines apply for a FLVC in the name of the holder of a foreign licence holder, they should specifically state on the application for which of the reasons listed under 421.07 (2)(a) through (j) they required the foreign pilot and if (j) is invoked, the Ministers’ opinion must be solicited, and if obtained, must be made public. Sub-paragraph (j) cannot and should not be invoked on a routine basis and if FLVCs are issued on a routine and blanket basis under (j), than (a) through (i) need no longer exists.
Again, we gain better insight on the rule when reading the French version:

(j) lorsqu'une demande a la prétention de servir l'intérêt public canadien pour des raisons non pas visées par les circonstances pressantes énumérées ci-dessus, le ministre peut accorder une approbation dans les cas exceptionnels.

When it is in the public interest and not allowed under the specific reasons listed above, the Minister may approve a demand in exceptional cases.
How is flying for Sunwing or Canjet an exceptional case ?
Until the CARs are modified to make away with 421.07 (2) (a) through (j) or reword it, Transport Canada cannot ignore the spirit under which these regulations were written which is to limit the circumstances and duration under which the holders of foreign licences may exercise the privileges of pilot at the controls of Canadian Registered or Operated aircraft.
Paragraph 5.2 (f) of AC 400-003 is nothing but a sham attempt at pretending that the spirit of 421.07 (2) is respected, when in fact it is not. Here is what it states:

5.2 Application for commercial flying.

(2) In addition to the documents required when applying for a FLVC for recreational purposes in section 5.1 of this AC, the Air Operator must provide the following documents when applying for a FLVC for commercial purposes

(f) A brief explanation why the holder of a Canadian flight crew licence cannot be used.

There are no guidelines on what an acceptable explanation may be. The real guidelines are articles (a) through (j) of 421.07 (2) and since these are not respected, this useless paragraph was inserted for show, since there are no CARs on which to evaluate what an Air Operator might list according to 5.2 (2) (f) of AC 400-003. They can essentially insert any reason, and would still get approved.

We are not to be concerned with any form of reciprocity with foreign countries when evaluating our own regulations, for Sunwing has stated and admitted that all of the pilots they send overseas to fulfill their part of the so-called reciprocity scheme under CIC, go overseas as wet-lease pilots of Sunwing aircraft and as such require no European Foreign Licence Validations. When in Europe, they fly Canadian Registered aircraft operated by Sunwing.

I wrote most of what is contained in the present letter to Transport Canada under a CAIRS concern Captain Adamus, and I think it would defend the interest of ALPA members of Canada if the ALPA Canada board took the same stance and questioned Transport Canada how they are able, under CAR 401.07 and the 421.7 Standard, to issue Foreign Licence Validation Certificates to Foreign pilots to fly as line pilots for Canjet and Sunwing when in fact the regulations, as they presently stand, do not allow such a practice.

Regards,

Gilles Hudicourt
Airbus 330 Captain, Air Transat
ALPA # 1241850

CanadianEh · Post by **CanadianEh** » Sat Dec 29, 2012 10:27 pm

Looks good! Keep up the good work.

termerair · Post by **termerair** » Sat Dec 29, 2012 11:46 pm

Great job Gilles!

Let us know what his response is whenever you get an answer... Thanks one more time for your hard and meticulous work!

T.

Gilles Hudicourt · Post by **Gilles Hudicourt** » Sun Dec 30, 2012 8:42 am

From: Whalen, Keith [mailto:keith.whalen@tc.gc.ca]
Sent: 19 décembre 2012 14:43
To: Gilles Hudicourt
Cc: McKinley, Jennifer
Subject: FW: HR-5388

Dear Mr. Hudicourt,

Thank you for email in response to my letter of December 11, 2012, related to CAIRS HR-5388. Please note that your concerns regarding the issuance of Foreign Licence Validation Certificates to contract pilots will be addressed separately in response to your other CAIRS submission.

We can reconfirm the determination previously made, that a pilot is deemed to be in the employ of an airline by virtue of being a contract employee of the airline. Therefore, in the case of CanJet, there is no contravention to the applicable Canadian Aviation Regulations and we now consider this matter closed.

Please note that we cannot comment on the Air Transportation Regulations, these regulations fall under the responsibility of the Canadian Transportation Agency (CTA), therefore you should direct any inquiries related to these regulations to the CTA.

Regards,

Keith B Whalen
Associate Director Operations / Directeur associé, Opérations
Civil Aviation / Aviation civile
Atlantic Region / Région de l'Atlantique
Transport Canada / Transports Canada
Tel / Tél 506-851-4512
E-mail / Courriel keith.whalen@tc.gc.ca

Gilles Hudicourt · Post by **Gilles Hudicourt** » Sun Dec 30, 2012 1:39 pm

Look what I just discovered

http://www.tc.gc.ca/eng/civilaviation/r ... tm#725_106

Part VII - Commercial Air Services
Canadian Aviation Regulations

Standard 725 - Airline Operations - Aeroplanes

725.106 Pilot Qualifications

(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)).

Gilles Hudicourt · Post by **Gilles Hudicourt** » Sun Dec 30, 2012 3:01 pm

From: Gilles Hudicourt
Sent: 30 décembre 2012 16:43
To: 'Guindon, Denis'
Subject: RE: CAIRS RR-1637

Dear Captain Guindon,

I thank you kindly for your Decembre 10 email. Please excuse this late reply, for I was on holidays overseas when you sent it.

Please take note that all Sunwing Canadian pilots who go fly to Europe under the so-called reciprocity regulations do so at the controls of Canadian registered aircraft operating under the Sunwing AOC and under wet-lease contracts with European Carriers. They do not operate European registered aircraft and do not obtain European Foreign licence validations.

Last summer, Sunwing had three aircraft on Wet-lease to Thomson Airways and one on wet-lease to Travel Service. So I fail to see why we need to provide the foreign crews who come to Canada with foreign licence validations. As you must be aware, I have filed a separate CAIRS report dated November 21 2012 where I question the legality of providing foreign pilots with FLVCs to fly for Sunwing and Canjet.

Furthermore, there is also this Standard which Transport Canada either ignores or does not enforce:

DIVISION VII - PERSONNEL REQUIREMENTS

725.106 Pilot Qualifications
(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 a foreign pilot is provided with a FLVC as described in 725.106 (6) (b) above, it is in conformity with CAR 421.07 (2) (d) which reads as follows:

421.07 Validation of Foreign Licences
(2) Purposes For Which Foreign Licence Validation Certificates May Be Issued
(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;

Both regulations mention that foreign pilots may be provided with FLVC to provide type training to Canadians on Canadian registered aircraft.

Nowhere does 421.07 (2) allow the deliverance of FLVC to foreign pilots to fly as pilots on revenue flights for Canadian airlines and I firmly believe that those in charge with evaluating my CAIRS complaint will have to agree with me.

Regards,

Gilles Hudicourt

The above was in response to this letter:

From: Montsko, Susan [mailto:susan.montsko@tc.gc.ca] On Behalf Of Guindon, Denis
Sent: 10 décembre 2012 15:05
To: Gilles Hudicourt
Cc: CAIRS / SSQAC_National
Subject: CAIRS RR-1637

Dear Mr. Hudicourt,

As you are aware, your submission regarding Foreign Contract Pilots for Sunwing on November 7, 2012 was entered into the Civil Aviation Issues Reporting System (CAIRS) and assigned reference number RR-1637.

The mandate of the Transport Canada, Civil Aviation Directorate is to verify that operators are complying with the Canadian Aviation Regulations. Every complaint received by our office is reviewed to determine whether an airline operator has acted in compliance with the Canadian Aviation Regulations (CARs).

Employment of foreign pilots by Canadian air operators is permitted under the auspices of programs managed by Human Resources and Skills Development Canada (HRSDC Temporary Foreign Workers Program) and by Citizenship and Immigration (CIC Reciprocal Employment Program).

These foreign flight-crew personnel, while employed directly by another company, are under the operational control of and considered to be contract employees of Sunwing or Canjet.

Foreign pilots working for a Canadian air operator are required to receive a Foreign Licence Validation (FLV) from Transport Canada. For the FLV to be granted, the pilot must successfully complete a Pilot Proficiency Check (PPC) with an Approved Check Pilot (ACP). Normally, in preparation for this PPC, the air operator provides training, focusing on company and Canadian procedures, winter operations, etc.

All aircraft and flight crew under the operational control of a Canadian air operator, whether foreign or not, are subject to routine safety and regulatory oversight by Transport Canada, Civil Aviation.

In conclusion, I would like to take this opportunity to thank you for your views, as all comments we receive are appreciated.

Sincerely,

Captain Denis Guindon
Director
National Operations
Civil Aviation

ettw · Post by **ettw** » Mon Dec 31, 2012 7:39 pm

keep up the great work Giles!!

Cheers

ETTW

Gilles Hudicourt · Post by **Gilles Hudicourt** » Fri Jan 04, 2013 2:55 pm

I already posted this under its own thread, but since it concerns the same subject as this thread, I decided to also append it here.

De : Gilles Hudicourt
À : "services@tc.gc.ca" <services@tc.gc.ca>; "CAIRS_NCR@tc.gc.ca" <CAIRS_NCR@tc.gc.ca>
Cc : ALPA Canada Board, TSCMEC
Envoyé le : lundi 31 décembre 2012 8h39
Objet : CARs and foreign pilots

Dear Sir/Madam,

In reference to my Nov 21 and 22 2012 CAIRS complaint in reference to the Foreign Licence Validation Certificates sent to your office by email (and for which I have yet to receive a file number), I would like to add some additional information I have recently discovered.

If you look here: http://www.tc.gc.ca/eng/civilaviation/p ... nu-901.htm

You will notice the table of contents of the chapter 8 of the TP 4711 - Air Operator Certification Manual

8.1 Dry Leasing of Canadian Aircraft to Canadian or Foreign Operator
8.2 Leasing of Foreign Aircraft - Ministerial Authorization and Exemption
8.3 Other Types of Ministerial Exemption
8.4 Operation of Foreign Aircraft in Canada by a Foreign Air Operator not Holding a Canadian Foreign Air Operator Certificate
Ministerial Exemption - Aerial Operations
Kit and Letter "AppendixA"
Sample Ministerial Exemption - Special Conditions
8.5 Use of Foreign Personnel on Commercial Air Operations in Canada
8.6 Management Agreement
8.7 Considerations for Management Agreement to Exercise Operational Control
8.8 Foreign Air Operator Operating in Canada on behalf of a Canadian Air Operator
8.9 Ministerial Authorization and Exemption - Charges
8.10 Exemptions and Regulatory Requirements
8.11 Exemption - Particular Lease - Operations under Subpart604 and PartVII of the CARs
8.12 Exemptions for Regulatory Requirements - Directive No.1

Click on item 5, titled "8.5 Use of Foreign Personnel on Commercial Air Operators in Canada" and you will notice that it is no longer there. Someone seems to have done away with it. When one clicks on 8.5, the 8.6 chapter shows up.

Now go to the top of the page and click on "French" to have the French version of the same page. You will get the same table of contents but in French.

Manuel d'agrément des exploitants aériens (TP 4711F)
TP 4711

8.1 Location d'un aéronef canadien sans équipage à des exploitants aériens canadiens ou étrangers
8.2 Location d'aéronefs étrangers - Autorisations et exemptions ministérielles
8.3 Autres types d'exemptions ministérielles
8.4 Exploitation, au Canada, d'aéronefs étrangers par un exploitant aérien étrangers non titulaire d'un Certificat canadien d'exploitation aérien étranger - Exemption ministérielle - Travaux aériens
8.5 Utilisation de personnel étranger pour des services aériens commerciaux au Canada
8.6 Accords de gestion
8.7 Critères relatifs aux ententes de gestion du contrôle d'exploitation
8.8 Exploitant aérien étranger exploitant des vols au Canada au nom d'un exploitant aérien canadien
8.9 Autorisations et exemptions ministérielles - Redevances
8.10 Exemptions des exigences réglementaires
8.11 Exemption - Location particulières - Opérations selon la sous-partie 604 et la partie VII du RAC
8.12 Exemptions des exigences réglementaires directive de l'Aviation civile - N° 1

Try accessing 8.5 again, it's there.

http://www.tc.gc.ca/fra/aviationcivile/ ... 5-4641.htm

Manuel d'agrément des exploitants aériens (TP 4711F)
TP 4711

L’utilisation de membres d’un équipage étranger qualifié à bord d’un aéronef canadien, sauf à titre de pilote d’entraînement lors de l’introduction d’un nouveau type d’aéronef, est mentionnée aux paragraphes 723.88(3), 724.108(3) et 725.106(6) de la NSAC.

Its english version says :

"8.5 USE OF FOREIGN PERSONNEL ON COMMERCIAL AIR OPERATIONS IN
CANADA
1. The use of foreign qualified air crew on any Canadian aircraft except when
acting as training pilots for the introduction of a new type of aircraft is referred
to in subsections 725.88(3), 724.108(3) and 725.106(6) of the CASS.."

(The PDF version of the english version still has the chapter 8.5:
http://www.tc.gc.ca/Publications/EN/TP4 ... P4711E.PDF)

I collected the relevant rules and pasted them below.

723.88(3) (Commuter aeroplanes)

(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.

724.108(3) (Commuter helicopters)
(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, conducting line indoctrination training, and while the air operator first flight crews are completing the 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.
The pilot may be authorized to conduct pilot checks provided the requirements of the Company Check Pilot Manual, are met with 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 flight crew members, they can only be supplemental flight crew for required training.

Standard 725 - Airline Operations - Aeroplanes
725.106 Pilot Qualifications
(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)).

There we have it black on white.

CASS 725.106(6) requires airline pilots to be Canadian and the only exception is when a foreign pilot may allowed to train Canadians on a new type when a Canadian is not available.

When a FLVC is given to a foreign pilot under 725.106(6) (b) it is according to 421.07 (2) (d) which states:

421.07 Validation of Foreign Licences
(2) Purposes For Which Foreign Licence Validation Certificates May Be Issued
(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;

725.106(6) does not allow foreign pilots to fly as line pilots for 705 operations and 421.07(2) does not allow for Foreign pilots to be issued FLVC except for the limited and specific purposes listed under 421.07 (2)

If we are to check the Canada Gazette Vol. 135, No. 4 — February 14, 2001 Registration SOR/2001-49 23 January, 2001, in which the last modifications to CAR 401.07 were published and explained
(http://www.gazette.gc.ca/archives/p2/20 ... 9-eng.html) we can read:

CAR 401.07 (Validation of Foreign Licences)
The amendment to CAR 401.07 (Validation of Foreign Licences) prevents an applicant for a foreign licence validation certificate from being a permanent resident of Canada. Under existing regulations, the holder of a foreign flight crew licence issued by a contracting state(see footnote 2), other than Canada, must satisfy only the applicable requirements in the Canadian personnel licensing standards upon applying for a foreign licence validation certificate. This amendment adds the prohibition that the applicant may not permanently reside in Canada. The change emphasizes 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 potential exposure of Canadian operators and the Canadian licensing system to possibly less stringent standards.

CAR 401.07 (Validation of Foreign Licences)
The amendment to CAR 401.07 (Validation of Foreign Licences) prohibits a permanent resident of Canada from applying for a foreign licence validation certificate. This restriction supports 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. No significant benefit-cost consequences are expected from this amendment.

It is clear, by reading these Canada Gazette comments that the Standard 421.07 purposely limits the duration and purposes for which such a certificate may be issued in order to minimize the potential exposure of Canadian operators and the Canadian licensing system to possibly less stringent standards of foreign licences.

As confirmed by both 725.106(6) and 421.07 (2), it is not permitted for a foreign pilot to fly as a line pilots for airlines in Canada, except as allowed to provide type ratings on new types.

So until the regulations are changed to allow such an operation, I consider that all foreign pilots who are presently flying the line for Canjet and Sunwing are doing so illegally and in contravention to the Canadian Aviation Regulations.

Sunwing Airlines has for years been sending its crews to work in Europe in an attempt to fulfill its obligations towards CIC in a pilot reciprocity scheme. However, as they will confirm to you themselves, these pilots have gone to work in Europe at the controls of Canadian Registered aircraft flying on the Sunwing AOC on wet-leases for European airlines. As such, they did not require any Foreign Licence Validations Certificates from European authorities. So Transport Canada need not feel any pressure to break its own regulations to allow foreign pilots to work as line pilots in Canada when the only airline claiming to do the reciprocity scheme does not require its own pilots to seek FLVC from European Civil Aviation authorities.

Gilles Hudicourt

Air Transat 330 Captain

RogerCheckCopy · Post by **RogerCheckCopy** » Sat Jan 05, 2013 8:38 am

I don't agree with the abuse of regulations either. However, I am not so sure that is the case here.

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.

It states "for other than air operator employee" are the pilots on contract? If so aren't they Sunwing employees for the duration of the contract? Also, the above quoted reg only applies to training and checking. Are the foreign pilots conducting any training or checking

They way I see it is that the pilots given FLVs are not permanent residents, or on contracts exceeding the 12 month limit.

During revenue flights foreign licensed pilots shall not replace Canadian licensed pilots

This also applies to pilots conducting training and checking, that are not employees of the airline. Again, are the foreign pilots doing training and/or checking and are they not contract employees?

Again, not supporting the abuse of regulations whether it is related to FLVs or reciprocity. In the end, if you are getting anywhere with the the above emails it will come down to legal interpretation and the intent of the reg in question.

Gilles Hudicourt · Post by **Gilles Hudicourt** » Sat Jan 05, 2013 9:12 am

RogerCheckCopy wrote: This also applies to pilots conducting training and checking, that are not employees of the airline. Again, are the foreign pilots doing training and/or checking and are they not contract employees?

I think you are mistaken in your interpretation. Here is the full title of the 725.106 regulation (it's context)

http://www.tc.gc.ca/eng/civilaviation/r ... 5-2173.htm

Part VII - Commercial Air Services
Standard 725 - Airline Operations - Aeroplanes
DIVISION VII - PERSONNEL REQUIREMENTS
725.106 Pilot Qualifications
(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)

It is clear that these rules concern the use of pilots "not Qualified in Accordance with the Canadian Aviation Regulations.

Lets look at those:

Validation of Foreign Licences

401.07 (1) Subject to section 6.71 of the Act, if the holder of a foreign flight crew licence issued by a contracting state other than Canada meets the applicable requirements set out in the personnel licensing standards and does not reside in Canada, the Minister shall, on receipt of an application submitted in the form and manner set out in those standards, issue a foreign licence validation certificate to the holder of the licence.
(amended 2008/05/01; previous version)

Which brings us right back to the Standard to that rule

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)

(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)

(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)

(e) for the holder to receive training in a Canadian registered aircraft;
(amended 1998/03/23; previous version)

(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)

(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)

(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)

The "purpose" which is mentioned in 421.07 (1) (a) (ii) and that I highlighted must be listed in 421.07 (2).

421.07(2) lists the limited "Purposes" For Which Foreign Licence Validation Certificates May Be Issued.

Flying as line pilots for 705 Operators is not one of the listed purposes. However, providing type rating training to Canadians is one of the purposes and is the only case where foreigner can be used to fly for 705 Operators in Canada and then, only where no Canadians can be found.

Which bring us right back to the Canada Gazette:

http://www.gazette.gc.ca/archives/p2/20 ... 9-eng.html

CAR 401.07 (Validation of Foreign Licences)

The amendment to CAR 401.07 (Validation of Foreign Licences) prevents an applicant for a foreign licence validation certificate from being a permanent resident of Canada. Under existing regulations, the holder of a foreign flight crew licence issued by a contracting state(see footnote 2), other than Canada, must satisfy only the applicable requirements in the Canadian personnel licensing standards upon applying for a foreign licence validation certificate. This amendment adds the prohibition that the applicant may not permanently reside in Canada. The change emphasizes 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 potential exposure of Canadian operators and the Canadian licensing system to possibly less stringent standards.

RogerCheckCopy · Post by **RogerCheckCopy** » Sat Jan 05, 2013 9:45 am

So the question remains. Are theses pilots flying C-reg a/c contract (employees) pilots or not? If so 725.106 is irrelevant as it addresses pilots not employees of the operator(s) in question.

As far as 421.07(2) goes I'd imagine they are using (j)? This leaves the door wide open.

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 potential exposure of Canadian operators and the Canadian licensing system to possibly less stringent standards.

Not sure where you are going with this. Last I checked the training requirements to obtain a Commercial License under JAA is more demanding than the CARs.

Again I am opposed to anything other 1-1 and do not work for any of the Canadian carriers taking advantage of wet/dry lease and use of foreign pilots. I am merely playing devils advocate and asking the type questions you will probably hear more of from your opposition.

Gilles Hudicourt · Post by **Gilles Hudicourt** » Sat Jan 05, 2013 10:18 am

Well we'll see what TC rules on my CAIRS complaint. I think that those who wrote this rule never imagined in a million years that foreign licensed pilots could ever be "employees" of a 705 airline.

I think that this rule is meant to state the only time when foreign pilots may be used in 705 Operations. The title of 725.106 (6) is :

"Use of a Person not Qualified in Accordance with the Canadian Aviation Regulations to Act as Pilot-in-Command or Second-in-Command".

It's not about a pilot being an employee or not. A Sunwing accountant is an employee. That does not qualify him as a pilot does it ? He must be qualified under the Canadian Aviation Regulations to Act as Pilot-in-Command or Second-in-Command, meaning he must qualify under Part IV of the regulations. And Part IV of the regulations states that pilots must have a Canadian licence except where they have a FLVC. And when they do have a FLVC, these are restricted in time and purpose under 421.07.

When 421.07 (2) (j) is invoked, it requires an authorization by the Minister. The French version is even more eloquent:

j) lorsqu'une demande a la prétention de servir l'intérêt public canadien pour des raisons non pas visées par les circonstances pressantes énumérées ci-dessus, le ministre peut accorder une approbation dans les cas exceptionnels.

When in the public interest and not listed in the compelling reasons listed above, the minister may allow a FLVC in exceptional cases.

As for the Canada Gazette statement, where does it say "except for JAR licensed pilots" ? What if next year, the foreign pilots are hired from Transadalvidianstan ? Will the spirit of the rules be invoked then ?

And by the way, I didn't write that Canada Gazette Statement. I'm just quoting it.

Gilles Hudicourt · Post by **Gilles Hudicourt** » Sat Jan 05, 2013 3:02 pm

http://gazette.gc.ca/archives/p2/2003/2 ... 9-eng.html

Vol. 137, No. 9 — April 23, 2003

CAR 401.03 (Requirement to Hold a Flight Crew Permit, Licence or Rating)

The text of CAR 401.03 (Requirement to Hold a Flight Crew Permit, Licence or Rating) details the documents which allow a holder to act as a flight crew member or to exercise the privileges of the permit, licence or rating in Canadian registered aircraft. Prior to this amendment, this Regulation did not include Canadian validations of foreign licences among these documents. This was an inadvertent oversight in CAR 401.03. CAR 401.07 (Validation of Foreign Licences) sets forth the conditions under which such validations are issued and the associated standard (421.07) lists the purposes for which such validations of foreign licences may be required. The amendment to CAR 401.03 allows the holder of a valid and appropriate foreign licence validation certificate to act as a flight crew member on a Canadian registered aircraft for the purposes listed under 421.07. As part of the provisions for use of a foreign licence validation certificate, the heading currently preceding 401.03 is revised to include reference to this document.

Gilles Hudicourt · Post by **Gilles Hudicourt** » Sun Jan 06, 2013 8:33 am

I just sent two Access to Information Requests to Transport Canada. I will publish the replies here when I get them.

Normally all FLVC have to be requested in accordance with a purpose listed in 421.07 (2) and they must issued for the same purpose.

Flying the line for 705 Operators is not listed as a valid purpose in 421.07 (2) for issuing FLVC so I'm curious to know how they justified issuing hundreds of FLVC for flying the line for 705 operators in the past two years.

Here are my two requests.

In reference to Foreign Licence Validation Certificates provided for Sunwing and Canjet in the course of 2011 and 2012, I would like to see the full list of purposes that were entered into the database for every applicant according to 6.2.5. of the Staff Instruction (SI) No. 400-005 where it is written:
"6.2 Entering Information and Restrictions
5. In the “Purpose” field, select the appropriate purpose for the FLVC, from the drop down menu."
A summary by purpose is acceptable with totals for each entered purpose

The Standard 421.07 (1) (a) (ii) states: Issue of Foreign Licence Validation Certificate
(a) A Foreign Licence Validation Certificate shall be issued to an applicant who provides the following:
(ii) a letter requesting issue of the Foreign Licence Validation Certificate and specifying the purpose for which the foreign licence is to be validated.
I would like to see the letters provided by Sunwing and Canjet for all application of FLVC during the course of 2011 and 2012 and in which they indicated the "purpose" for the applications.

Gilles Hudicourt · Post by **Gilles Hudicourt** » Sun Jan 06, 2013 3:04 pm

This is the form that Transport Canada uses for applying for a Foreign Licence Validation Certificate:

Form 26-0701 (0712-02) "APPLICATION FOR FOREIGN LICENCE VALIDATION CERTIFICATE"

Part C of the form deal with the "Purpose" for the application.

Instead of a direct reference to the CARs which list and limit the purposes for which such an application can be made, this application form just asks the applicant to check off if the application is for "Private-Recreational", a "Ferry Flight", "Flight Training" or for "Commercial Operations", in which case box requests the aircraft type that will be flown. No mention of why.

No reference to the the list of purposes as they appear in the CARs.

421.07 Validation of Foreign Licences

(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;

(e) for the holder to receive training in a Canadian registered aircraft;

(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;

(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;

(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;

(i) for the operation of aircraft registered in Canada on lease to foreign carriers;

(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.

Of course Private flying is in accordance with 421.07(2)(b)
A ferry flight is in accordance with 421.07(2)(c)
To provide training is in accordance with 421.07(2)(d)

For "Commercial Operations" it could be (f)(g)(h)(i) or (j) except that none of them concern line flying for 705 Operators in Canada.

Section D of the application form list the documents that must be provided with the application: Foreign licence, Medical Certificate, Identification, along with the application fee.

But this is what the regulations state:

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.

(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.

The purpose listed in 421.07 (1) (a) (ii) is not just any purpose, but one of the purposes listed in 421.07 (2).

This form, in its present form, ignores the regulations and leads applicants to requesting FLVC for purposes they were never meant to be issued.

CAR 725.106(6)

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)).

gegu1 · Post by **gegu1** » Sun Jan 06, 2013 9:40 pm

Hello, you are doing an excellent job on these complex issues, I really appreciate your work and wish you sucess. I'm a shareholder of Westjet and I know they are lobbying the gov't on this and many other industry issues. I think you should call Westjet management and combine your efforts with theirs, I'll send them a link to this forum. Thanks again.

Gilles Hudicourt · Post by **Gilles Hudicourt** » Mon Jan 07, 2013 9:02 am

From: Gilles Hudicourt
Sent: 5 janvier 2013 09:34
To: 'aaron.mccrorie@tc.gc.ca'; 'jean-francois.mathieu@tc.gc.ca'
Cc: Air Transat, ALPA Canada, TSCMEC
Subject: Foreign Licence Validation Certificates for Canjet and Sunwing pilots

Aaron McCorie
Director, Standards
Transport Canada
Place de Ville, Tower C
330 Sparks Street, 2nd Floor
Ottawa, ON
K1A 0N8

and

Jean-François Mathieu
Chief, Aviation Enforcement
Transport Canada
Place de Ville, Tower C
330 Sparks Street, 4th Floor
Ottawa, ON
K1A 0N8

Gentlemen,
I am copying you three emails which I recently sent and which may be of concern to you. The object of these emails is a CAIRS report I filed on November 21 2012, in reference to the legality of Foreign Licence Validation Certificates issued to foreign pilots flying the line for 705 Operators in Canada, but for which I have so far not even been unable to obtain a file number.

I am concerned because for the three CAIRS reports I filed a few days before this one, within days, I had obtained a file number and eventually a reply but for this one, filed six weeks ago, I received nothing, not even an acknowledgement email.

I know they received it because another Transport Canada officer made a reference to my Nov 21 CAIRS report in an email.

In the second email appended below, dated December 28th, I inform Captain Dan Adamus, President of ALPA Canada, of my Nov 21 CAIRS report in regards to the FLVC to the pilots of Canjet and Sunwing and inform him that Transport Canada has not responded to my report to date.

The third email, dated Dec 31 2012, is again addressed CAIRS, to provide additional information with regards to my Nov 21 report. No one has responded to that email either.

I found the following paragraphs on your website:

What is Canadian aeronautics legislation?
Canadian aeronautics legislation comprises the Aeronautics Act, the Canadian Aviation Regulations (CARs) and the associated standards.
The legislation was created to protect the public from potentially unsafe aviation practices and activities.
The CARs are developed by Transport Canada in partnership with the aviation community through the Canadian Aviation Regulation Advisory Council (CARAC).

The Civil Aviation enforcement team is composed of approximately 60 inspectors at Headquarters, in five regional offices and in Transport Canada centres across the country.
We are responsible for encouraging voluntary compliance with and enforcing the Canadian aeronautics legislation. When necessary, we investigate alleged violations of this legislation.
Transport Canada's primary objective is aviation safety, and therefore decisions made by TC inspectors should always reflect this objective. TC inspectors have an inherent legal responsibility within their respective Delegation of Authority to act in the interest of public safety. In promoting voluntary compliance to achieve aviation safety, TC inspectors must also be prepared to take the necessary steps for enforcement action when there is non-compliance with the air regulations.

My CAIRS reports concern what I allege to be a violation of the Canadian Aviation Regulations. I cannot understand that such a report be simply ignored by those who received it. I would appreciated it if your office would look into my complaint, and determine if I am correct when I allege that several regulations are being violated when hundred of foreign licensed pilots are flying the line for 705 Operator in Canada while illegally using FLVC.

I thank you in advance for taking the time to look into this important issue.

Regards,

Gilles Hudicourt

Gilles Hudicourt · Post by **Gilles Hudicourt** » Mon Jan 07, 2013 11:57 am

gegu1 wrote:Hello, you are doing an excellent job on these complex issues, I really appreciate your work and wish you sucess. I'm a shareholder of Westjet and I know they are lobbying the gov't on this and many other industry issues. I think you should call Westjet management and combine your efforts with theirs, I'll send them a link to this forum. Thanks again.

Thank you for your message of support.
I hope that Transport Canada will agree with me that they are in error when they accept to deliver each year over one hundred FLVCs to foreign licensed pilots to fly for Canjet and Sunwing.

The reason I publish all my letters is specifically to enlist the help of other people to help me fight this cause. Being just one individual sure doesn't give much weight, but if others who see my arguments and letters agree with my reasoning join in and support them, perhaps that things will move.

I was not successful in having immigration Canada enforce their own reciprocity regulations. They know very well that Sunwing imports far greater number of pilots that they ever sent to work overseas.

I was not successful in having HRSDC enforce their own regulations with regards to having to recruit or train Canadians before they could authorize the hiring foreigners, and then only when there was a real labour shortage in Canada. They allow instead Canjet to leave experienced Canadian pilots on EI while hiring foreigners not to fill in any labour shortage but to save a training cost and gain an advantage over competitors, a reason the laws and regulations do not allow.

I was not successful in having the Canadian Transportation Agency admit that when 8.2 (3) (j) of the Air Transportation Regulations required that "an explanation of why the use by the licensee of all or part of an aircraft with a flight crew provided by another person is necessary" that such an explanation was to weigh into their decision on whether or not they were to approve an application. The CTA, shockingly, ruled that as long as an applicant for a wet-lease opof a foreign aircraft provided any reason whatsoever, that the application had to be approved.

I was not successful in having the CTA rule that an airline that had 2/3 of it fleet comprised of either foreign wet-leases or short terms leases from European airlines and half of its crews being foreign pilots contracted from European airlines was not Canadian.

I was not successful in convincing the Canada Revenue Agency that the foreign pilots who needed to obtain work permits in order to work for a Canadian Airline, needed to actually be employed by that airline and that those pilots should at least pay into the Canadian programs such as Employment Insurance and the Canada Pension Plan, and that those that lived in a country that had no dual taxation treaty with Canada should also pay income tax. They never replied to my email........

What I hope to do now is to see if Transport Canada will enforce their own regulations, or if they will be like CIC, HRSDC and the CTA, and be willing to overlook, bend, or very loosely interpret the Canadian Aviation Regulations to favor the un-Canadian commercial practices of a minority of Canadian airlines.

Their decision will have huge consequences on the future of the pilot profession in Canada. If one Canadian airline continues to be allowed to use as pilots a majority of foreign contracted pilots who are foreign licensed foreigners who pay no taxes in this country, who do not contribute to any of Canada's social programs and who maintain their homes and families overseas, who train overseas, and that this practice allows these airlines to lower their costs in order to undercut the Canadian competition who makes use of Canadians, what do you think is going to happen ?

If next winter my employer faces the choice between going under or playing by the new rules, I suspect that they will play by the new rules.

Air Transat will wet-lease cheap foreign aircraft, will sub-contract type-rated foreigners from overseas to fly short term leased aircraft and once they do it, it will have a domino effect in a race to the bottom. If you can't beat them, join them......

What should I do ? Quit while its still time and accept a job offer to fly an A330 in China ? Leave my Canadian job to a cheaper foreigner while I go overseas and seek work in a country where there is a shortage of wide-body Captains ?

This race to the bottom must end and I encourage all to help me. I raised awareness but so far, I have had zero success. I need everyone's help.

If we lose this, do not be surprised if we have foreign pilots and foreign wet-leases at Air Transat next winter.

Gilles Hudicourt · Post by **Gilles Hudicourt** » Sun Jan 20, 2013 1:32 pm

Does anyone wonder what reply I received from Dan Adamus, the president of the ALPA Canada Board, the Union I belong to ?

None. He just ignored me, as Transport Canada has also done so far. I sumitted a CAIRS report and thought that CAIRS report were a serious matter that were taken seriously. I guess I was wrong. Transport Canada ignored me, as did my Union to whom I asked to back my position of FLVC. They didn't.

Gilles Hudicourt · Post by **Gilles Hudicourt** » Sun Jan 20, 2013 2:13 pm

On Nov 21 2012, I filed a CAIRS with Transport Canada where I stated two things:
1) That the FLVC that were provided to the foreign pilots did not comply with CASS 421.07 (2)
2) That the Staff Instruction SI 400-05 that was used by Transport Canada personnel as a guidance tool for issuing such validations also did not conform to the regulations and made Transport Canada personnel err in issuing FLVC to foreign pilots for flying the line for 705 Operators in Canada when in fact the regulations did not allow such operation by foreign pilots.

I am reproducing here a reply I received from Transport Canada for all to see. It is not a reply to the FLVC CAIRS report, but about another one I made about the "employed" status of airline employee under CAR 203. However, in this letter, Mr Guidon make reference to the FLVC.

It will remain on this forum as evidence for when people who have the clout and the guts to tackle this problem decides to take the bull by the horns.

Captain Guindon tells me in this email that the FLVC are issued legally, not because they conform to the CARS but because they conform to the Staff Instruction 400-05, the same one whose legality I questioned in my Nov 21 CAIRS complaint. As though Staff Instructions can ever have more weight than the CARs themselves.

Captain Guidon also tells me that CASS 725.106 (6) only prohibits foreign pilots from being used as instructors by 705 operators when they are introducing a new aircraft type (except when not qualified Canadians can be found), but that the rest of the time, foreign pilots are welcome to fly the line for 705 operators.

We first had Citizenship and Immigration Canada (CIC) issue for Sunwing far more work permits in "reciprocity" than Sunwing was allowed under CIC regulations.

Then we had Human Resources and Skills Developement Canada (HRSDC) issue LMO's for Canjet and Sunwing on the basis of a pilot shortage in Canada, and ignoring that the regulations call for TRAINING Canadians before foreigners can be hired instead of foreigners.

We have the Canadian Transportation Agency (CTA) which rules that when the Air Transportation Regulation requires in 8.2 that an airline wishing to apply to wet-lease an aircraft from a foreign airline must provide a reason for such a wet-lease to be necessary, it is just for the sake of conversation and not because such a reason would have any bearing on the outcome of the application.

We have the same CTA that rules that an airline with 2/3 of its fleet made up of temporary foreign aircraft and more than half of its pilots made up of temporary foreign workers is "Canadian".

We have Revenue Canada that could not care less that hundreds of foreign pilots who come to Canada on "work permits" to "work" for a "Canadian" airline do not even have as much a a social Insurance Number, because they in fact work for a foreign airline, while the "unqualified" real Canadians whose jobs they took, are collecting EI.

Now, the cherry on the cake, we have Transport Canada (TC) writing Staff Instructions that do not conform to the CARs they are meant to interpret and enforce, in order to have their Staff act in a manner contrary to the real published regulations which are not the Staff Instructions but the Canadian Aviation Regulations.

If this is the level at which we have come down to, I stand down from the foreign pilot issue. It is too big, too rotten, too crooked for little me.

Like one of the lawyers who are defending the BC miners against the use Chinese Temporary Foreign Workers in Canadian mines recently wrote to me, the only way to fight these practices and get the attention of the public and the government is in Canadian courts. I am now convinced that this gentleman is correct and I hope that those who have the authority to raise and fight these issues in Canadian courts will soon arrive at the same conclusion.

I hope that I will not be forced to apply for a job overseas in the near future while our jobs in Canada are handed over to foreigners.

Gilles

----- Courriel transféré -----
De : "Guindon, Denis" <denis.guindon@tc.gc.ca>
À : Gilles Hudicourt
Cc : CAIRS / SSQAC_National <CAIRS_NCR@tc.gc.ca>
Envoyé le : jeudi 17 janvier 2013 15h46
Objet : CAIRS RR-1637

Dear Mr. Hudicourt,

In response to your e-mail sent to my attention on December 30th, 2012 with regards to CAIRS RR-1637, I would like to provide you the following in order to alleviate any further concern you may have.

You are correct when saying that when operating under a wet lease agreement with a Canadian operator, the foreign pilots operating a foreign registered airplane in Canada, would not be subject to the validation of their foreign licence as per CAR 401.07. The same principals, as you stated, would equally apply to any Canadian pilot operating under the scope of an extended charter (wet lease) on behalf on a Canadian operator anywhere in the world.

However, Canadian operators who wish to increase their fleet on a seasonal basis for example, have two options when wanting to add an airplane to their Air Operating Certificate (AOC). It must be clear that this would be totally conducted outside the scope of a “wetlease” agreement. Thus, the first option would be adding an airplane to the AOC under a Canadian registration where any pilot that will be operating that airplane will need either a Canadian licence or a validation of their foreign licence as per CAR 401.07. The second option being to add an airplane to the AOC under a foreign registration where the pilots shall hold a licence as per the country of registration of that airplane.

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.

As for CASS 421.07(2), the FLVCs are issued as per Staff Instruction (SI 400-05 attached). It is in this document that you will find the information you are looking for that allows a foreign pilot to operate revenue flights on a Canadian aircraft. I have attached a copy for your consideration. Contraire to your statement, an FLVC provides a foreign pilot a right to exercise the privileges as stated on the FLVC which would include as applicable revenue flights on Canadian registered airplanes. In this case, the FLVC is issued based on the fact that the pilot holds a foreign licence that authorizes him or her to exercise the same privileges of operating a B73C as either a Captain or First officer as applicable in their own country of origin. Upon application and as per CAR 401.07, Transport Canada validates and provides for a temporary equivalency in Canada.

I trust this clarifies your concerns.

Once again, I would like to take this opportunity to thank you for your views, as all comments we receive are appreciated.

Sincerely,

Captain Denis Guindon
Director
National Operations
Civil Aviation

Gilles Hudicourt · Post by **Gilles Hudicourt** » Tue Jan 29, 2013 3:03 pm

From: Gilles Hudicourt
Sent: 29 janvier 2013 16:58
To: 'Guindon, Denis'
Cc: 'CAIRS / SSQAC_National'; Alpa Canada Board
Subject: RE: CAIRS RR-1637

Dear Mr Guindon,

I thank you for your January 17th email with reference to CAIRS RR-1637.

You state in your email that CASS 725.106 (6) is only applicable when an air operator introduces a new airplane type to their operation. I strongly disagree.

Here is the full context of CASS 725.106(6)

Standard 725 - Airline Operations - Aeroplanes
DIVISION VII - PERSONNEL REQUIREMENTS
725.106 Pilot Qualifications
(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)

Nothing in these headings makes reference to the introduction of a new aircraft type. If it did, one could construe that the whole text that followed refered to pilots hired in the case of the introduction of a new aircraft type, but such is not the case.

What this section is about is personnel requirements in airline operations of aeroplanes, more specifically, pilot qualifications.

725.106 (6) refers to "pilots not qualified in accordance with the Canadian Aviation Regulations". These may be pilots employed by other Canadian airlines, these may be foreign licensed pilots.

725.106 (6) states the only cases when pilots not qualified according to the Canadian Aviation Regulations may act as PIC or SIC on 705 Operations - Aeroplanes: When a new type is being introduced and no Canadian can be found.

725.106 (6) (b) states that if that pilot is foreign licensed, he will beed to have his licence validated (as per 421.07 (2) (d))

421.07 Validation of Foreign Licences
(2) Purposes For Which Foreign Licence Validation Certificates May Be Issued
(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;

CASS 421.07 (2) list the purposes for which a FLVC may be issued and flying the line in Airline Operations is not one of them. The list is detailed and provides the only cases where foreign licensed pilots may fly Canadian registered aircraft.

CASS 725.106 (6) is clear about that:

"During revenue flights foreign licensed pilots shall not replace Canadian licensed pilots".

As for the SI 400-005 that you were kind to send to me and that I am very familiar with, please look at the following extract from that same document:

5.2 Documents Required for a Commercial Application
1. In addition to the above, the air operator must include a written statement containing the following information:
d. A brief explanation why the holder of a Canadian flight crew licence cannot be used.

According to you, Mr Guindon, which CAR or CASS prompted that requirement, if not the one I am quoting ?

Let me quote a Transport Canada Website:

http://www.tc.gc.ca/eng/civilaviation/s ... e-2283.htm

"A foreign pilot wishing to fly Canadian registered aircraft for remuneration or reward in Canada must be in possession of a valid Canadian Commercial Pilot Licence or Airline Transport Pilot Licence."

That is the pure and simple truth.

To claim, as you did in your January 17th email, that the restriction on foreign licensed pilots only concerns those foreign licensed pilots who come to Canada to train Canadians on a new type of aircraft but that otherwise foreign licensed pilots are free to fly as line pilots for 705 aeroplane operators is simply untrue.

Regards,

Gilles Hudicourt

2R · Post by 2R » Tue Jan 29, 2013 3:45 pm

http://www.cbc.ca/news/canada/british-c ... china.html
The miners union can do ,what the pilots union cannot.

Gilles Hudicourt · Post by **Gilles Hudicourt** » Tue Jan 29, 2013 6:26 pm

2R wrote:http://www.cbc.ca/news/canada/british-c ... china.html
The miners union can do ,what the pilots union cannot.

The BC mines could only bring in the chinese through LMOs and the Unions challenged the LMOs in court. We could do that (not me, the Unions, if they wanted)

But if the Unions challenge HRSDC for the LMOs for foreign pilots, Sunwing can just import foreign pilots under reciprocity, which depends not from HRSDC but from CIC.

If reciprocity is also challenged in court and won, Sunwing can just wet-lease foreign aircraft and crews, which is approved not by HRSDC or CIC but by the CTA........

It would take three simultaneous court wins to block this whole scheme........

What I am trying to do now is make the people at Transport Canada realize that they have no business providing foreign pilots with FLVC to fly the line for 705 operators......

I think that these are issued in contravention of the CAR and the CASS.

RogerCheckCopy · Post by **RogerCheckCopy** » Wed Jan 30, 2013 7:00 am

Gilles:

Right or wrong, until you convince TC to remove 421.07(2)(j) from the CASS you will be fighting an extremely steep uphill battle.

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)

(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)

(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)

(e) for the holder to receive training in a Canadian registered aircraft;
(amended 1998/03/23; previous version)

(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)

(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)

(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)

Unfortunately this leaves the door open to excuses such as "seasonal". I think can probably agree this was not the intent, but unfortunately it is vague enough to crack the proverbial door open to what some operators are doing.

Once you have your license validated and recieve a work permit I fail to see why you could not fly the line.

Gilles Hudicourt · Post by **Gilles Hudicourt** » Wed Jan 30, 2013 10:38 am

RogerCheckCopy wrote:Gilles:

Right or wrong, until you convince TC to remove 421.07(2)(j) from the CASS you will be fighting an extremely steep uphill battle.

421.07 Validation of Foreign Licences

(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.

Unfortunately this leaves the door open to excuses such as "seasonal". I think can probably agree this was not the intent, but unfortunately it is vague enough to crack the proverbial door open to what some operators are doing.

Once you have your license validated and recieve a work permit I fail to see why you could not fly the line.

Because the 421.07(2) (j) requires the Minister to provide an approval. There is no blanket approval for all applications on file. Plus it say that if it is not likely to affect safety.

Take a look at the French version of 421.07 (2) (j)

j) lorsqu'une demande a la prétention de servir l'intérêt public canadien pour des raisons non pas visées par les circonstances pressantes énumérées ci-dessus, le ministre peut accorder une approbation dans les cas exceptionnels.

It says that the Minister can approve FLVCs for purposes other than those listed in (a) to (i) above but only "in exceptional cases".

There are some ICAO member countries that I will not name where one can buy a Commercial or Airline Licence and where one can buy a Type rating when one fails to make the grade. In these same countries, pilots fake their logbooks to invent experience they do not have. And we are going to provide such people with a blanket permission to apply for FLVC in Canada to fly Canadian passengers on Canadian carriers ? This is why I say if is not in the public interest to do so, and why it is likely to affect safety when 421.07 (2) (j) is invoked for issuing hundreds of FLVC every year.

In 2001, the wording of CAR 401.07 (Validation of Foreign Licences) was changed slightly. The previous version prohibited "Canadian Residents" from applying for a FLVC and that was changed to prohibit "people residing in Canada" from applying for a FLVC.

Whenever a change to a Canadian Law or Regulation is made, this change must be published in the Canada Gazette, where one can often find explanations of justification for the published change. Here is what was Published in that issue of the Canada Gazette with regards to 421.07:

http://www.gazette.gc.ca/archives/p2/20 ... 9-eng.html

This restriction supports 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.

Further down the same issue of the Canada Gazette:

The change emphasizes 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 potential exposure of Canadian operators and the Canadian licensing system to possibly less stringent standards.

Further down yet on the same document:

This restriction supports 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.

The restrictions that are listed are those where one who lives in Canada cannot apply for a FLVC, that the validations are issued for not more than one year, and the list of purposes for which a FLVC is listed in 421.07 (2).

What Transport Canada is doing right now is issuing blanket FLVC to any foreign licensed pilot who applies for one to fly commercially in Canada, they issue them for one year, and on top of that they renew them year after year to the same foreign licensed pilots. The result is that a foreign pilot can come and fly full time in Canada with a foreign licence as long he does not reside in Canada.

I don't comprehend how anyone can find this acceptable.

Like I wrote to Mr Guindon, it is Transport Canada itself that wrote on its own website here:

http://www.tc.gc.ca/eng/civilaviation/s ... e-2283.htm

"A foreign pilot wishing to fly Canadian registered aircraft for remuneration or reward in Canada must be in possession of a valid Canadian Commercial Pilot Licence or Airline Transport Pilot Licence."

That is the truth. But this is not what they are doing in practice. Someday the truth will surface. I hope it wont take a Federal commission to bring it to light.

Letter to Dan Adamus, ALPA Canada Board President

Letter to Dan Adamus, ALPA Canada Board President

Re: Letter to Dan Adamus, ALPA Canada Board President

Re: Letter to Dan Adamus, ALPA Canada Board President

Re: Letter to Dan Adamus, ALPA Canada Board President

Re: Letter to Dan Adamus, ALPA Canada Board President

Re: Letter to Dan Adamus, ALPA Canada Board President

Re: Letter to Dan Adamus, ALPA Canada Board President

Re: Letter to Dan Adamus, ALPA Canada Board President

Re: Letter to Dan Adamus, ALPA Canada Board President

Re: Letter to Dan Adamus, ALPA Canada Board President

Re: Letter to Dan Adamus, ALPA Canada Board President

Re: Letter to Dan Adamus, ALPA Canada Board President

Re: Letter to Dan Adamus, ALPA Canada Board President

Re: Letter to Dan Adamus, ALPA Canada Board President

Re: Letter to Dan Adamus, ALPA Canada Board President

Re: Letter to Dan Adamus, ALPA Canada Board President

Re: Letter to Dan Adamus, ALPA Canada Board President

Re: Letter to Dan Adamus, ALPA Canada Board President

Re: Letter to Dan Adamus, ALPA Canada Board President

Re: Letter to Dan Adamus, ALPA Canada Board President

Re: Letter to Dan Adamus, ALPA Canada Board President

Re: Letter to Dan Adamus, ALPA Canada Board President

Re: Letter to Dan Adamus, ALPA Canada Board President

Re: Letter to Dan Adamus, ALPA Canada Board President

Re: Letter to Dan Adamus, ALPA Canada Board President