Your Weekly Bulletin - April 18, 2024

April Government & Regulatory Affairs Update Now Available

Read CBAA’s April 2024 Government & Regulatory Affairs Update,?a convenient roundup of all pertinent regulatory and operational updates from March, as well as a summary of advocacy activities conducted in support of CBAA members.

CBAA Review: Proposed Amendment to the CARs, Personnel Licensing and Training – Comments Due by April 29

Reference: Canada Gazette, Part I, Volume 158, Number 13:?Regulations Amending the Canadian Aviation Regulations Personnel Licensing and Training) dated 30 March 2024.

What CBAA members need to know: It is possible that some CAR 604 pilots may need to increase their IFR flights to maintain their instrument rating.

In this proposal, Transport Canada (TC) states that these amendments are linked to the Transportation Sector Regulatory Review Roadmap. As part of the Aviation Safety Regulatory Review initiative, outstanding and emerging shortcomings were identified concerning the regulatory requirements related to personnel qualifications, training and licensing. The proposed regulations are expected to address these deficiencies (see previous Canada Gazette link for a list of these issues).

Amongst the various proposed changes, the one amendment that has the potential to affect some CBAA members would be a new requirement that pilots have six landings with minima and six hours of flying time in instrument flight rules (IFR) conditions within the first six months of the validity period, to maintain their IFR currency requirements for the seventh month.

TC released an?advisory circular?in 2019 to outline the conduct of instrument proficiency checks and describe how instrument-rated pilots can demonstrate compliance with recency requirements of subsection?401.05(3) of the CARs. Given that the recency requirement for IFR flights represents a “rule of conduct,” it should be outlined in the CARs as opposed to advisory material – hence the need to amend the CARs to change the recency requirement.

Therefore, TC is proposing to amend subsection?401.05(3.1) of the CARs to:

(i) Shorten the recency period for instrument ratings privileges from 12 months to six months; and

(ii) Clarify that six instrument approaches to minima according to the approved instrument approach procedures can be completed in an aircraft in actual or simulated meteorological conditions, an aircraft in actual or simulated meteorological conditions while acting as a flight instructor, a Level B, C, or D full-flight simulator or a flight training device.

It is of note that while TC does not expect that this will impact most pilots, it is possible that some CAR 604 pilots may need to increase their IFR flights to maintain their rating.

The proposed regulatory text?related to instrument flight rules recency requirements, subsections?401.05(3.1) and (3.2), follows. Other regulatory changes can be viewed through the linked Canada Gazette document above.

(3.1)?No holder of a pilot licence that is endorsed with an instrument rating or to which instrument rating privileges are attached shall exercise the privileges of the instrument rating unless, following the first day of the seventh month after the completion of a test or check referred to in subsection (3) and within six months before the flight, the holder has:

(a)?acquired six hours of instrument time; and

(b)?completed six instrument approaches in accordance with the minima set out in the instrument approach procedure

(i)?in an aircraft, in actual or simulated instrument meteorological conditions,

(ii)?in an aircraft, in actual or simulated instrument meteorological conditions, while acting as a flight instructor who is conducting training in respect of the endorsement of a flight crew licence with an instrument rating,

(iii)?in a Level B, C or D full-flight simulator of the same category as the aircraft, or

(iv)?in a flight training device under the supervision of a person who holds the qualifications referred to in subsection?425.21(9) of the personnel licensing standards.

(3.2)?The holder of a pilot licence that is endorsed with an instrument rating or to which instrument rating privileges are attached shall retain a record of having met the applicable recency requirements set out in subsection (3) or (3.1) for three years.

The CBAA is seeking feedback from members that may be impacted by the proposal.?Feedback can be provided to Transport Canada at TC.CARConsultations-RACConsultations.TC@tc.gc.ca; however, a copy to membersupport@cbaa.ca would be appreciated to ensure the association can advocate any concerns on your behalf. The comment period is 30 days and closes on April 29, 2024, at 11:59 p.m. EDT.

?Notice: CBAA Virtual AGM on May 16, 2024

CBAA members, join us on May 16 at 2 p.m. EDT for our virtual annual general meeting. At the AGM we’ll present annual reports (including financials), elect directors and address new business. If you have a matter for discussion at the CBAA’s 2024 AGM, contact the association in advance at membersupport@cbaa.ca. Otherwise, please join us virtually on May 16 at 2 p.m. EDT, via this Zoom link.?

?New Procedure for U.K. Flights

April 6 ushered in some important changes for international general aviation flights heading to the U.K. Among them, the General Aviation Report (GAR) form is now required for departures, not just arrivals. There are some hefty fines involved for non-compliance. Read more here.

Federal Budget 2024

Deputy Prime Minister and Minister of Finance Chrystia Freeland presented the 2024 budget on Tuesday, April 16. The CBAA is currently reviewing the budget for its impact on business aviation. Stay tuned for our analysis!

?EU-LISA Update

The following is an update from the European Union Agency for the Operational Management of Large-Scale IT Systems?in the Area of Freedom, Security and Justice (EU-LISA).

During the 21 March 2024 EU-LISA meeting, participants were advised that implementation of the Entry/Exit System (EES), the European?Travel Information and Authorization System (ETIAS), was on track for a Q4 go-live.

As previously noted, the exact date for entry into service will not be announced until after EU-LISA’s technical readiness declarations later in 2024. Operators not yet registered but planning to enter Europe following the EES/ETIAS entry into service should continue their registration process. See?Carrier Registration Information here.

In addition, please find information on the newly formed Assistance Centre Unit (ACU).

Also enclosed are Frequently Asked Questions here. For questions on EU-LISA Carrier Onboarding please contact carriers_onboarding@eulisa.europa.eu.

?TC Update: Notice of Proposed Amendments (NPA) 2024-001

In January 2024, we shared TC’s Notice of Proposed Amendments (NPA 2024-001) to amend the Canadian Aviation Regulations (CARs Part II) in relation to aircraft identification, registration, and operation of a leased aircraft by a nonregistered owner.

The CBAA did not comment on the NPA as our review of proposed changes concluded that they would not impact members. TC has advised that it received 245 submissions from various stakeholders, mostly from the general aviation sector. A summary of these comments is shared in the enclosed What We Heard?report.

?ICYMI: Submit Flight Duty Time and Fatigue Management Concerns by May 20

Transport Canada (TC) has released significant updates regarding Flight Duty Time and Fatigue Management. This includes the publication of a?Preliminary Issue and Consultation Assessment (PICA)?paper addressing concerns raised by the CBAA and various sectors of the aviation industry. Stakeholders are encouraged to provide feedback on the paper’s presented issues and any other areas of concern. TC is particularly interested in insights related to operational aspects, proposed solutions and potential risk mitigations. In addition to the PICA, TC has also issued the latest version of the?Advisory Circular (AC 700-047) on Flight Crew Fatigue Management — Prescriptive Regulations, effective March 21, 2024. This updated issue reflects consultations and feedback received, aiming to clarify the intent of associated regulatory requirements. Stakeholders are invited to submit feedback or concerns in writing to?TC.CARConsultations-RACConsultations.TC@tc.gc.ca?by May 20, 2024. Or, share your input through the association at?membersupport@cbaa.ca. CBAA will consolidate responses by May 13, 2024.

?ICYMI: Transport Canada?Aeronautical Information Manual (TC?AIM)

Here is the newest edition of the?Transport Canada Aeronautical Information Manual (TC?AIM). TP 14371 (2024-01), effective date:?2024-03-21.

?Thank You, Volunteers!

It’s National Volunteer Week (April 14-20), and here at CBAA we are thankful for the valuable contributions of our chapter champions and directors. Thank you for your dedication to Canadian business aviation. We couldn’t do it without you!

Early Bird Rate for 2024 Convention Ends Tomorrow – April 19

Plan to join the Canadian business aviation community for CBAA's 2024 Annual Convention, proudly hosted by LUX FBO at Montreal Metropolitan Airport (YHU). Don't miss out on discounted Early Bird Registration, available only until tomorrow, Friday, April 19!

Content Corner: Luxury Tax in the News

Wings Magazine wrote about CBAA’s Ontario chapter meeting on April 4, where the impact of the federal luxury tax on aircraft was discussed at length. Pierre Pyun, VP of Government and Industry Affairs at Bombardier, said the luxury tax appears to have influenced the loss of 3,800 Canadian jobs and $1.1 billion in lost revenue by March 2023.?Read more here.

The luxury tax was also highlighted in an article from Aviation International News (AIN), which covered the pre-budget recommendation from Canada’s House of Commons Standing Committee on Finance (FINA) to “exclude aircraft from the Luxury Items Tax Act and place a moratorium on the luxury tax on aircraft pending further industry consultation.” Read the article here.

Are you a CBAA member with valuable content to share? Tell us about it! Your information could be featured in our newsletter's Content Corner. Send details to membersupport@cbaa.ca.

Industry Partnership Spotlight: LBC Capital

LBC Capital’s Aviation Finance Group provides capital for the acquisition and refinance of business aircraft, including jets, turboprops and helicopters. We are committed to tailoring financing solutions to corporations, high net worth individuals and aircraft operators within the general aviation market across North America. Our team offers a variety of aircraft lending capabilities and solutions including loans, leases and dealer floorplans.

About LBC Capital

The mission of LBC Capital is to support business productivity by facilitating the acquisition, sale and refinancing of equipment. To do so, we partner with manufacturers, distributors, retailers, equipment users and the various financial players in the market. Recognized for its excellent service, proximity and simplicity, LBC Capital is proud to serve local communities across North America. Our partners are supported by teams specializing in the following sectors: transportation and construction, technology and office equipment, manufacturing, franchising and corporate aviation. LBC Capital is a subsidiary of Laurentian Bank of Canada (TSX: LB). Founded in 1846, the bank helps families, businesses and communities thrive. Approximately 3,000 employees work together to provide a broad range of financial services and advice-based solutions for customers across Canada and the United States. Learn more:?www.lbccapital.ca/aviation

Our specialized team would be happy to perform a thorough review of your aviation financing needs and provide you with a competitive financing solution. Interested CBAA members can contact Isabelle Lafond or Jillian Wise as follows:?

Isabelle Lafond Assistant Vice President – Aviation Finance Tel.: 437-688-1971

Isabelle.Lafond@lbccapital.ca

Jillian Wise Account Executive – Aviation Finance Tel.: 514-346-6067

Jillian.Wise@lbccapital.ca