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Coalition of Canadian Airline Pilots
ALPA Canada Board Print E-mail
Written by Administrator   
Thursday, 07 February 2013 14:16
 

 

 

5 February 2013

 

 

ALPA Canada Board President on Foreign Pilots Operating in Canada

 


The issue of foreign pilots operating in Canada continues to be the ALPA Canada Board’s top priority. Here is a 
video to update you on this subject.

 

In the video, Capt. Dan Adamus, Canada Board president, gives you a detailed overview of the issue and the actions that ALPA is taking to resolve this problem and bring furloughed ALPA pilots back to work.

 


 

 


The ALPA Int’l Canada Board is composed of three officers (president, vice president, and secretary-treasurer) and the MEC chairmen of the nine Canadian pilot groups represented by ALPA (i.e., Air Transat, Bearskin, Calm Air, Canadian North, CanJet, First Air, Jazz Aviation, Kelowna Flightcraft, and Wasaya).

 

Our mission is to work collectively as the leading advocate and representative for the Canadian professional pilot, with a focus on safety.

 

 

 

 

 

Air Line Pilots Association, Int’l Canada Board

360 Albert Street, Suite 1715  ●  Ottawa, ON K1R 7X7  ●  613-569-5668

 

 

 

 

 
Complaint via Transport Canada CAIRS ref FLVC Print E-mail
Monday, 31 December 2012 09:35

De : Gilles Hudicourt 
À : " This e-mail address is being protected from spambots. You need JavaScript enabled to view it " <"> This e-mail address is being protected from spambots. You need JavaScript enabled to view it >;; " This e-mail address is being protected from spambots. You need JavaScript enabled to view it " <"> This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
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 

Quote:
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.

Quote:
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

Quote:
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.



It roughly translates as :

"The use of qualified foreign crews on Canadian aircraft, except on training flights during the introduction of a new aircraft type, is mentioned in paragraphs 723.88(3), 724.108(3) and 725.106(6) of the CASS."

I collected the relevant rules and pasted them below.

Quote:
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.

 

Quote:
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.

 

Quote:
725.106(6) Airline Operations

(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:

Quote:
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:

Quote:
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.



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 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

Last Updated on Monday, 31 December 2012 09:35
 
Letter to Dan Adamus, ALPA Canada Board President Print E-mail
Friday, 28 December 2012 19:56

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 has 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/p1/1999/1999-12-04/html/reg1-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/p2/2001/2001-02-14/html/sor-dors49-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 we 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/opssvs/managementservices-referencecentre-acs-400-400-003-122.htm

http://www.tc.gc.ca/eng/civilaviation/opssvs/managementservices-referencecentre-documents-400_series-400-005-225.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"

 

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."

 

No more reference to these purposes is ever made later in the documents and in fact, the document even mentions "commercial purposes" that is not part of the list of 421.07 (2).

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 ?

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

 

Last Updated on Friday, 28 December 2012 20:18
 
Modèle de lettre au Premier Ministre Print E-mail
Tuesday, 20 November 2012 08:50

Bonjour à vous tous confrères et consoeurs pilotes, 

Vous trouverez ci-joint un modèle de lettre que nous avons écrite à l’intention du premier ministre du Canada. Étant donné la gravité des questions relatives à l’embauche de pilotes canadiens – notamment en raison du nombre accru de pilotes étrangers qui envahissent le marché –, nous croyons qu’il est essentiel que les pilotes canadiens d’un bout à l’autre du pays fassent connaître leurs préoccupations à leur gouvernement et lui demandent d’agir rapidement. Nous devons protéger nos emplois dès maintenant!  Et nous devons exiger du gouvernement qu’il fasse de même, étant donné que, lors de la prochaine saison touristique, plus de 400 pilotes étrangers risquent d’être embauchés au pays pour piloter une trentaine d’avions, et ce, au détriment des pilotes qui paient de l’impôt au Canada.

Cliquer sur "More" pour voir la lettre, vous devez vous enregistrer ou utiliser votre nom d'utilisateur et mot de passe de Facebook.


Last Updated on Saturday, 24 November 2012 15:12
 
Form Letter to the Prime Minister Print E-mail
Tuesday, 20 November 2012 08:34

Good day fellow pilots,

Attached you will find a brief template letter to be addressed to the Prime Minister.  Given the extremely serious nature of the employment issues facing Canadian pilots and given the increasing flooding of the Canadian market with foreign pilots – we believe it is imperative that Canadian pilots across the country communicate their concerns to Ottawa and implore to act and to act soon.  We need to protect our jobs and now! And we need to encourage the Government of Canada to do the same, given the fact that in the upcoming travel season, more than 400 foreign pilots may be brought into Canada, piloting approximately 30 aircraft, to the detriment of Canadian tax-paying pilots.

Click on the "More" link below to have access to the letter, you wil have to create an account and login. You can avoid creating an account by using your Facebook credential.

Last Updated on Thursday, 22 November 2012 18:29
 
Nice aviation calendar Print E-mail
Monday, 22 October 2012 15:00

Nice aviation calendar available to support the 7 children who lost a parent on August 20th 2011
 

Click HERE to see it


Last Updated on Monday, 22 October 2012 15:11
 
BALPA Video the future of pilot profession Print E-mail
Monday, 22 October 2012 13:47

Here's an interesting video made by the British Airline Pilot Association
concerning the future of our pilot profession. Please take a minute into looking into it :

 

Click here to watch the video

 


 

Last Updated on Monday, 22 October 2012 15:02
 
Pilot employment survey Print E-mail
Written by Administrator   
Monday, 22 October 2012 10:04

This is a survey of commercial and airline pilots of Canada. The objective of this survey is to determine the number of pilots that are un-employed, employed in a non-flying job, working overseas but seeking to find employment in Canada, feel under-employed or who are satisfied in their present job and are not looking for another one. We also seek to determine the level and kind of experience of each group. We hope to submit the results of this survey to HRSDC to help them understand the overall situation of the pilot profession in Canada. Please fill it out truthfully and honestly and do not fill it out several times. If you made a mistake and decide to respond a second time to the survey, we will delete the first entry of all respondents who used the same email address twice. Although the email is not mandatory, please do provide one if you can. This data will only be shared with HRSDC and perhaps pilot unions such as ALPA and ACPA. No airline will have access to it.


Here is the summary as of october 22 2012

Click here to see the full report


Summary

 
Click here to access the survey

Last Updated on Monday, 22 October 2012 20:42
 
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