Canadian Aviation Regulations (SOR/96-433)

Application

402.02 This Subpart applies to persons who hold an air traffic controller licence or who apply for the issuance of such a licence or the endorsement of such a licence with a rating.

Issuance and Endorsement of Air Traffic Controller Licences and Ratings

• 402.03 (1) Subject to section 6.71 of the Act and subsections (3) and (4), the Minister shall, on receipt of an application submitted in the form and manner specified in the personnel licensing standards, issue an air traffic controller licence or endorse the applicant’s air traffic controller licence with a rating where the applicant provides documentation to the Minister that establishes

  • (a) the applicant’s citizenship; and

  • (b) that the applicant meets the applicable requirements set out in the personnel licensing standards in respect of

    • (i) minimum age,

    • (ii) medical fitness,

    • (iii) knowledge, and

    • (iv) experience.

    • (v) [Repealed, SOR/2008-122, s. 2]

• (1.1) An application shall also include

  • (a) one photograph of the applicant that meets the requirements of subsection 422.03(3) of the personnel licensing standards; and

  • (b) documentation establishing that the applicant demonstrated, by means of an evaluation, their ability to speak and understand English, or both English and French, at the operational or expert level in accordance with the language proficiency scale set out in the table to subsection 422.03(4) of the personnel licensing standards.

• (2) The Minister may specify in an air traffic controller licence any condition in respect of the exercise of the privileges of the licence or the privileges of a rating endorsed on the licence, if the condition is required to ensure aviation safety, including any condition in respect of

  • (a) the training of the licence holder;

  • (b) the supervision of the licence holder;

  • (c) the equipment that the licence holder may use; or

  • (d) the operational location at which the licence holder may exercise the privileges of the holder’s air traffic controller licence.

• (3) Where air traffic control services are provided at an operational location in English only, the Minister shall not endorse an air traffic controller licence with a rating for that operational location unless the applicant has passed an examination that demonstrates that the applicant is sufficiently competent in the use of that language to be able to engage in two-way radiocommunication involving the exchange of safety and control messages.

• (4) Where air traffic control services are provided at an operational location in both official languages, the Minister shall not endorse an air traffic controller licence with a rating for that operational location unless the applicant has passed an examination that demonstrates that the applicant is sufficiently competent in the use of both official languages to be able to engage in two-way radiocommunication involving the exchange of safety and control messages.

Prohibitions

• 402.04 (1) No person shall act as an air traffic controller or exercise the privileges of an air traffic controller licence unless

  • (a) the person holds an air traffic controller licence endorsed with a rating appropriate to the privileges being exercised and with the appropriate operational location;

  • (b) the licence is valid;

  • (c) the person holds a valid Category 1 or 2 medical certificate; and

  • (d) the person can produce the licence and certificate when exercising those privileges.

• (2) Paragraph (1)(a) does not apply to a person who, while under supervision, acts as an air traffic controller or exercises the privileges of an air traffic controller licence when undergoing

  • (a) instruction, training or testing in respect of an air traffic controller licence; or

  • (b) ATC unit familiarization in the course of the person’s employment.

Recency Requirements

402.05 The holder of an air traffic controller licence shall not exercise the privileges of that licence at an air traffic control unit unless the holder has successfully completed a proficiency check within the preceding 12 months.

Provisional Licences and Ratings

• 402.06 (1) Where an applicant for an air traffic controller licence or for the endorsement of such a licence with a rating meets the applicable requirements set out in the personnel licensing standards, the Minister shall, as appropriate,

  • (a) issue a provisional air traffic controller licence to the applicant endorsed with a rating appropriate to the functions to be exercised and with the appropriate operational location; or

  • (b) endorse the applicant’s air traffic controller licence with a provisional rating for the appropriate operational location.

• (2) A provisional air traffic controller licence or rating remains in effect until the earlier of

  • (a) the date of issuance of an air traffic controller licence by the Minister pursuant to section 402.03, and

  • (b) a date 90 days after the issuance of the provisional air traffic controller licence or the endorsement of an air traffic controller licence with a provisional rating.

Privileges

402.07 The holder of an air traffic controller licence may, in accordance with Part VIII, the personnel licensing standards and the Canadian Domestic Air Traffic Control Separation Standards, provide or supervise air traffic control services to

• (a) airport traffic at any operational location for which the licence is endorsed with an airport control rating;

• (b) aircraft at any operational location for which the licence is endorsed with a terminal control rating, an area control rating or an oceanic control rating; or

• (c) airshow traffic at the operational location in respect of which a special flight operations certificate has been issued by the Minister pursuant to section 603.67.

Validity of Air Traffic Controller Licences

• 402.08 (1) An air traffic controller licence that is issued in the form of a booklet label is not valid unless

  • (a) the label is affixed in an aviation document booklet;

  • (b) the booklet number displayed on the label matches the number of the booklet; and

  • (c) the booklet is signed by the holder.

• (2) The validity period of an air traffic controller licence that is issued in the form of a booklet label starts on the day on which it is issued and ends on the expiry date of the aviation document booklet in which it is affixed.

• (3) The expiry date of an aviation document booklet that has an air traffic controller licence affixed in it is

  • (a) the first day of the sixty-first month following the day on which the booklet was issued, if the application for the licence included documentation establishing that the holder demonstrated an expert level ability during their language proficiency evaluation; or

  • (b) the first day of the sixty-first month following the day on which the holder’s language proficiency evaluation was conducted, if the application for the licence included documentation establishing that the holder demonstrated an operational level ability during the evaluation.

• (4) An air traffic controller licence, other than a provisional air traffic controller licence, that was not issued in the form of a booklet label is valid until June 30, 2010.

Language Proficiency Evaluations

402.09 If the documentation included with an application for an air traffic controller licence that was issued in the form of a booklet label establishes that the holder demonstrated an operational level ability during their language proficiency evaluation, the holder shall, for the purposes of renewing the licence, be evaluated again within the six months preceding the expiry date of the aviation document booklet in which it is affixed.

[402.10 to 402.15 reserved]

Division II — Training Records

Training Records

402.16 The manager of an ATC unit shall

• (a) maintain, on a form provided by the Minister, a training record for each person undergoing training at the ATC unit for the purpose of obtaining a rating or operational location endorsement in respect of the ATC unit;

• (b) enter the licence number of the training officer or supervisor in the training record and certify that any information entered in the record is correct by signing and dating the entry and any amendment thereto;

• (c) at the request of any person who is undergoing or has undergone training at the ATC unit, provide a copy of the person’s training record to the person; and

• (d) at the request of the Minister, provide the Minister with a copy of the training record of any person who is undergoing or has undergone training at the ATC unit and who holds an air traffic controller licence.