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20 hours ago, conehead said:

There's a shortage of qualified Canadian pilots, forcing Sunwing to hire foreign workers?

I would imagine Sunwing's problem is not crews but mainly aircraft.  If they had enough aircraft to support Canadian Crews in the peak season their problem would be what to do with the surplus aircraft during their slack season. So they would face the cost of supporting idle aircraft as well of course the need to lay off the surplus crews (not just pilots but also cabin crews, ground staff etc.)  

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They were running this story on the local ABC news channel this evening, they only named the airline once quickly but the video footage for the most part was an Air Transat aircraft. Well done. 

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And now our Transport Minister is reacting:

January 4, 2017 4:59 pm
Updated: January 4, 2017 5:01 pm

Transport Minister calling on Canada’s airlines to ensure pilots are fit to fly

Erika Tucker By Erika Tucker Online Supervisor  Global News

Canada's transport minister is reacting to the arrest of a pilot who was pulled off a Sunwing flight for being intoxicated with a message for airlines. As Reid Fiest reports, larger questions remain about what Canadian companies can do to ensure their pilots are sober.

 

In the wake of the arrest of a pilot who was tested at three times the legal alcohol limit before he was removed from a cockpit in Calgary, Canada’s transport minister is addressing confusion among airlines and regulators about measures to ensure pilots are fit to be behind the controls of aircraft with hundreds of passengers on board.

In an email to Global News, which has been pressing for clarification on regulations and testing, the federal transport minister, Marc Garneau, is said to be “very concerned” by the incident in Calgary.

“In order to ensure the highest safety standards, he is writing to all passenger airline companies that operate in Canada asking them to confirm that their protocols and Safety Management Systems are up to date and being enforced ‎with all required resources, including measures designed to confirm pilots’ fitness to fly,” Marc Roy, Garneau’s director of communications, wrote Wednesday.

Garneau was not available for an interview with Global News

Global News has uncovered a great deal of confusion about policies related to random drug and alcohol testing.

READ MORE: Sunwing unclear on alcohol, drug testing laws in wake of impaired pilot’s arrest

Transport Canada has said alcohol testing is “up to the employer” but that members of a flight crew are prohibited from working within eight hours of consuming alcohol or while under the influence. The government says the Aeronautics Act and the Canadian Aviation Regulations (CARs) do not regulate mandatory or random drug or alcohol testing on crew members of aircraft.

But there is also a legal road block to random testing, which would also seem to be news to some government departments. A 2013 Supreme Court of Canada decision ruled “an employer must demonstrate evidence of an alcohol problem in the workplace in order to justify a random alcohol testing policy.”

The federal Justice Department also cited that case in a response sent Wednesday:

“There is nothing specific in the Canada Labour Code about drug and alcohol testing,” spokesperson Ian McLeod reiterated. “However, the Supreme Court of Canada ruled in Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Ltd. that an employer cannot unilaterally implement random alcohol or drug testing even in a highly dangerous workplace, unless there is a demonstrated workplace problem or it is ‘for cause’ testing of an individual employee.”

But that contradicts what Employment and Social Development Canada told Global News on Tuesday, that “there is no specific provision in the Canada Labour Code addressing drug and alcohol testing in the workplace.” It then pointed to the Canadian Human Rights Commission’s Policy on Alcohol and Drug Testing, which included a section suggesting random testing without reasonable cause is legal—a policy which Global News learned Thursday is outdated and currently under revision.

“That’s our fault if it’s still online,” Canadian Human Rights Commission spokesperson Carmen Devereaux told Global News.

“The policy is currently being revised based on current jurisprudence and a new policy is going to be issued in the coming weeks.”

She declined to provide details, explaining the updated policy has not yet been approved. While the outdated policy was removed from the official CHRC site in January 2016, it’s still accessible online on what the CHRC called an “old link.”

The Air Canada Pilots Association (ACPA) said Wednesday that in Canada, “mandatory random testing is not generally supported by the jurisprudence.”

“ACPA pilots are well aware that they must comply with all regulations governing the operation of aircraft, including those of Transport Canada,” Maria Hypponen said in an email to Global News.

A WestJet spokesperson provided further details on its testing policy Wednesday, which she said is in accordance with Canadian law.

“In Canada, testing is legally permitted under certain conditions, in a number of circumstances including pre-employment, reasonable cause, and post-incident,” Lauren Stewart said in an email to Global News. “Random testing is only permitted under Canadian law as part of a monitoring/continuous support arrangement or for certain safety sensitive positions where the employer is able to demonstrate a substance abuse issue in the workplace and that the testing program is otherwise reasonable.”

The system in Canada stands in stark contrast to the situation in the U.S. and the European union. Rules currently posted on the Federal Aviation Administration (FAA) website as of September 2015 indicate alcohol testing programs that include on-site inspections.

The European Aviation Safety Agency (EASA) proposed last month that alcohol testing procedures be updated to include “mandatory random alcohol screening of flight and cabin crew” and on-site inspections.

Police said Miroslav Gronych was charged with having care and control of an aircraft while impaired and having care and control of an aircraft while having a blood alcohol level over .08 in connection with an incident at the Calgary International Airport on Dec. 31, 2016.

Sunwing Airlines said the pilot arrested in the Calgary incident had “no previous violations of this nature in his file” and was suspended pending his court date.

Calgary police said Miroslav Gronych had been released on $1,000 bail, surrendered his passport, and was suspended from flying any other aircraft in Canada.

His court date is set for Jan. 5 in Calgary.

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So we just install a breathalyser in the cockpit.  If it detects Alcohol you can't start the engines.  Much like the ones they install in cars when people are convicted of drunk driving.

sounds like a  "great" idea

 

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2 hours ago, boestar said:

So we just install a breathalyser in the cockpit.  If it detects Alcohol you can't start the engines.  Much like the ones they install in cars when people are convicted of drunk driving.

sounds like a  "great" idea

 

My concern is placing my mouth in this tube. LOL. 

Cheers

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Aviation is an obviously safety sensitive industry.

If the powers to be believe the public interest will be served by introducing mandatory drug & alcohol testing for flight and cabin crew members, so be it, but to be effective, said program must also include ops, ramp and maintenance personnel too.

Management should also be included ... no joke.

 

 

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And another voice is heard from. If the interview is correctly reported the pilot being interviewed clearly does not understand "Wet Lease" operations.  He names some other carriers who "don't hire pilots from outside of Canada" and is unaware of the current "WetLease" operation involving AirTransat and a foreign aircraft and crew. https://www.otc-cta.gc.ca/eng/ruling/347-a-2016

Pilots union wants Transport Canada more involved in checking foreign pilot credentials

Government officials could work more closely with foreign aviation authorities, union argues

By Dan McGarvey, CBC News Posted: Jan 06, 2017 4:00 AM MT Last Updated: Jan 06, 2017 9:16 AM MT

Sunwing pilot Miroslav Gronych is a foreign national from Slovakia in Canada on a work visa. He is accused of being so drunk, that he passed out in the cockpit on Dec. 31 in Calgary. (Novy Cas/Ringier Axel Springer Slovakia)

One of Canada's pilots unions wants better checks when it comes to letting foreign pilots fly Canadian planes, following an incident in Calgary where a Slovak pilot — employed by Sunwing Airlines on a work visa  — is accused of being so drunk he passed out in the cockpit

Miroslav Gronych is due to appear in a Calgary courtroom later this month. 

The Dec. 31 incident has Canadian pilots and unions raising concerns about the employment of foreign pilots and how closely their documentation is scrutinized by government officials.

"Transport Canada specifically directs staff to not check medicals and licences unless they have a concern," said Greg McConnell with the Canadian Federal Pilots Association, who says it shouldn't be left to airline operators to validate such important information.

"It used to be common place where licensing inspectors would check this," he said. "I'd think they would want to check to make sure licences are valid and that these people were capable of doing the work they were about to do."

McConnell says Transport Canada would also be able to work more closely with foreign aviation authorities when needed.

"How would an airline operator be able to determine whether there are any concerns with respect to the pilots and would the foreign authority provide that information to an airline operator? I don't think they would, but I think they would provide it to Transport Canada if Transport Canada asked the question," he said.

Foreign pilots hold validation from Transport Canada

To be employed by a Canadian airline, foreign pilots who don't hold a Canadian commercial or airline transport pilot licence need a Canadian validation of their foreign licence, called a Foreign Licence Validation Certificate (FLVC).

Transport Canada says last year it issued 176 such certificates in 2016.

Sunwing says all of its foreign pilots are licensed by the European Aviation Safety Agency and receive a FLVC from Transport Canada. In addition, the company says all foreign pilots receive training and are approved by Sunwing's flight operations training department before being approved to fly a Sunwing aircraft.

No shortage of pilots in Canada, argues captain

Gilles Hudicourt, a Canadian airline captain with 30 years of aviation experience, questions why Sunwing would need to hire pilots from outside Canada.

Pilot Gilles Hudicourt doesn't think there is a pilot shortage in Canada. (CBC)

"Most industrialized countries require that airlines be flown by pilots who are licensed to fly in that country. These guys are coming and doing it with a foreign licence ... Canada is unique in the industrialized world in allowing this practice." 

He doesn't believe there's a pilot shortage in Canada.

"We've been fighting this from around 2012. It was Sunwing pilots themselves who sounded the alarm," he said.

"Air Canada doesn't have problems hiring pilots, WestJet doesn't have problems hiring pilots, Air Transat doesn't have problems hiring pilots."

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I don't like the practice either, but SW's operational model is considerable different than the other Canadian carriers.

If we all were members of a single pilot union and operated as contractors / self employed types etc., etc., something like the plumbers union, our professional wawcon would likely be considerably better. 

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What do the pilots credentials have to do with anything?  I could be an exemplary pilot with tons of experience and a flawless career.  Then one day I decide to go on a bender and get trashed and pass oout in the cockpit.  Would scrutiny of my credentials have predicted that occurrence?

 

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12 hours ago, boestar said:

What do the pilots credentials have to do with anything?  I could be an exemplary pilot with tons of experience and a flawless career.  Then one day I decide to go on a bender and get trashed and pass oout in the cockpit.  Would scrutiny of my credentials have predicted that occurrence?

 

Exactely boestar. There is no nothing TC, Sunwing Flt. Ops. or their HR could have done to prevent this. But I do believe someone had to notice during their preflight or YYC office briefing that something might be wrong. If it's the same departure level office previously used by other temp winter operations, you would certainly catch a whiff from your partner. I suppose it's possible this may have been a one of situation and he was called out on reserve or maybe he has an ongoing problem. There's no excuse for any of those reasons, but if there is an issue, someone in his homeland may have prior knowledge to share. I'm sure Sunwing has reviewed that possibility with their European contacts.

Years ago I had a replacement FO get called out for a YYZ to LGW flight and he had to met me in the flight deck. Can't remember if pax were onboard or not. It wasn't until we were checking in with Gander Radio that I noticed he was drunk or had been drinking prior to the flight. He was on reserve and called out. He had a serious problem and was let go soon after that event. 

Here is one important factor about these wet lease operations and foreign pilots working in Canada. This is generally not their first choice to spend their winter flying here. From my experience, depending on the the base or deployment, it can be very senior or very junior crews involved. I can tell you for a fact that often you get their problem children or the least experienced such as cadet pilots. The cadets generally knew the SOPs cold whereas the more experienced sometimes forgot to open a book before their one and only preseason line check. I've had foreign Captains complaining about junior First Officers getting better accommodations and refusing to fly until it was rectified. Fact!

Wet leases have been a part of Canadian airline operations for many years. During Canada 3000's existence, early on they discovered a surplus aircraft for summer 1990. Coincidently, Air 2000 in the U.K. also had a fleet issue with a requirement for one additional 757 based in GLA. Much to everyone's surprise as we were told upon hiring that there'd be no foreign deployment of aircraft/pilots, this continued for several more summers with bases in MAN and LGW. We were all well compensated for being away but it wasn't mine or many others first choice to spend our Canadian summer in the UK. There's a reason Brits leave each summer to fly south! Also, we didn't have a reciprocal deal with their pilots coming to Canada because they had other deployments globally for their surplus winter aircraft.

Many airlines in Canada have traded aircraft seasonal for years but without foreign crews involved. For example, Nordair in Montreal would often have temp airframes from Sabena and one even from Aloha for a season. Back in the late fifties and early sixties, KLM had Canadian pilots based in YUL to meet inbound Amsterdam flights and continue on to Mexico and the Caribbean. This ceased when KLM started to operate jets across the Atlantic.

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Another knee jerk reaction from a minister who's more concerned about appeasing public perception in an age where everyone and anyone is a self-proclaimed expert and has an internet voice...

The system works and should be left alone.

As they did with the two-person rule in the cockpit, instead of working to reinforce the bond of trust that should exist between us and the flying public, they're eroding it by putting procedures in place that assume that we're all either mentally unstable or drunkards... Sad really.

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41 minutes ago, Rich Pulman said:

Given the reciprocal nature of these agreements, and having participated in them personally, I sure hope the other side isn't saying the same about the good folks we sent their way. :huh:

 Keep in mind that other side dumped us for a lower bidder. And you're lucky you didn't have to deal with their pilots directly. Now its Sunwing's turn. But I don't recall any issues with Canadian pilots on reciprical deployments. Just one renegade manager who double dipped his way out of a job. :)

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What I thought to be an alarmist, misdirected & unbalanced attack on the Airline Pilot profession in North America:

http://www.theglobeandmail.com/opinion/blame-unions-for-our-drunk-pilot-problem/article33572601/

The pilot charged is a contract pilot and, to the best of my knowledge, not part of any Canadian labour union.

TC, let alone aviation operators, do not have Blood Alcohol Content limitations embedded in law. The more generic and applicable "operating under the influence" is a much broader net and IS in our CARS.

The article smacks of another attack against pilots such as those that implied "WE" caused 9-11.

 

Grrrrrrrrrrr........:Tantrum:

 

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The study he refers to is from 1990 and surveyed both private and professional pilots not specifying how many of each responded. It also doesn't identify the number of respondents with union memberships which doesn't lend a lot of credence his argument.

 

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.

Foreign pilots working in Canada are not being vetted

A foreign pilot entering Canada with an appropriate work permit must obtain a ‘foreign licence validation certificate’ before they can fly for a Canadian carrier. This is supposed to indicate that his or her foreign flight crew licences have been validated by the regulator. But nothing could be further from the truth.

Wed., Jan. 18, 2017 - Toronto Star
By Greg McConnell

As winter sets in many Canadians are longing for a break from the cold on some southern beach.

But after a Slovenian pilot working for the holiday charter airline Sunwing was charged earlier this month with being impaired in the cockpit before take off, no one could blame sun seekers for having doubts and even concerns about making the trip.

It is possible the pilot in question had been disciplined for similar behaviour back home. He might even have had his licence to fly suspended. It is also possible he has an unblemished record.

Because Canada’s aviation safety regulator, Transport Canada, isn’t checking we just don’t know much about the pilots who are routinely brought from other countries to work for Canadian air operators. This places Canada offside with the practices of other countries who follow much stricter practices.

For example, the International Civil Aviation Organization that Canada belongs to requires the licencing authority — that would be Transport Canada — to “confirm the validity of the other Contracting State’s licence before issuing the authorization.” Instead of meeting this international requirement, Canada leaves it up to the airline to verify the validity of the foreign licence and medical clearances.

The Americans do not permit the validation of foreign licences for commercial purposes at all. Foreign licenced pilots in the United States are required to obtain appropriately issued FAA pilot licences and medical certificates and have the legal right to work in the United States.

European countries meet the international requirement of checking themselves instead of giving that responsibility to an airline company as Canada does.

It is true that a foreign pilot entering Canada with an appropriate work permit must obtain a “foreign licence validation certificate” or FLVC from Transport Canada before they can fly for a Canadian carrier. This is supposed to indicate that his or her foreign flight crew licences have been validated by the regulator.

But nothing could be further from the truth.

In fact, Transport Canada specifically instructs its inspection staff not to check. Instead, they are directed to rely upon assurances from the Canadian airline that the foreign pilots they want to hire have clean records, are licenced by the foreign country, are fit to fly, and have all of the requirements to meet Canadian pilot standards.

To quote from the regulator’s instruction to its inspection staff:

(Transport Canada) Licencing staff are not required to request licence verification unless there are concerns over the authenticity or validity of the documents present. It is the responsibility of the air operator to verify that each licence holder is properly qualified and holds an appropriate and valid licence and medical certificate.”

The only problem with this approach is that national aviation authorities around the world talk to each other but rarely do they release personal details about the pilots it licences to companies or individuals. So, it is virtually impossible for a company like Sunwing to verify anything about the foreign pilots they bring to Canada.

Transport Canada has adopted a “see nothing, say nothing” policy that could have serious if not deadly consequences for Canadian travellers, in direct violation of international standards that require Transport Canada to validate the licences of foreign pilots.

Canadians have every right to be surprised.

Even though Transport Canada has some information about Foreign Licence Validation Certificates on its website, what is posted has been scrubbed clean of the direction to its inspection staff to accept the word of the airline without verification that everything is in order with the foreign pilot in question.

Transport Canada once conducted the kinds of checks that are needed to verify that foreign pilots are licenced, qualified and medically fit to fly to Canadian standards. But cuts to safety budgets and inspection staff make that a distant memory.

Transport Minister Marc Garneau is rightly concerned. This Sunwing flight could have ended tragically. The workshop with industry stakeholders he is planning for the spring as a result of this incident is one modest initiative.

But, what’s really needed is for Transport Canada to step up to its public interest responsibilities and legal safety obligations.

Greg McConnell is national chair of the Canadian Federal Pilots Association, which represents the licenced pilots who work for Transport Canada as aviation inspectors.

.

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Lakelad, thanks for the article but it is all about "hiring" of foreign pilots rather than "wetlease" which of course involves another carrier providing both aircraft and crews.  So it is highly unlikely that said carrier would allow an unlicenced pilot to fly it's own metal. 

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In the case under discussion, the Slovenian Captain was about to fly a Canadian registered aircraft, full of Canadians out of a Canadian airport based on his Slovenian (or where ever license) .  He was operating on the FLVC discussed in the article.

 

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35 minutes ago, Warren said:

In the case under discussion, the Slovenian Captain was about to fly a Canadian registered aircraft, full of Canadians out of a Canadian airport based on his Slovenian (or where ever license) .  He was operating on the FLVC discussed in the article.

 

Strange, I thought he was flying a "Wet Leased" aircraft as part of the crew provided by the aircraft owner.. so it appears I was wrong. Surely if the aircraft was owned by Sunwing they could have found qualified Canadian Pilots. It appears, at least according to the following article, that there are no longer any barriers to prevent the hiring of "foreign crews" to operate Canadian metal even on Domestic flights. So although this was a "one of" then it would seem to be time to "vet" all foreign pilots hired by Canadian airlines to ensure they are qualified or as some have said, to ban the use of foreign pilots to fly for Canadian carriers.  Banning does ignore the fact that there are a large number of Canadian pilots flying for foreign carriers around the world.

https://thinkpol.ca/2016/09/18/foreign-pilots-free-to-fly-canadian-aircraft-after-ottawa-quietly-removes-restrictions/

Foreign pilots free to fly Canadian aircraft after Ottawa quietly removes restrictions

September 18, 2016   Government, Labour, Policy   29 Comments
stop_foreign_pilots

Canada has become the only industrialized nation in the world that allows foreign licenced pilots, some of whom may have obtained their licenses without ever having flown a plane, to operate local commercial aircraft, after Ottawa quietly altered the regulations without any public consultations.

Air Transat Pilot Gilles Hudicourt explains:

In the past, Foreign Licence Validation Certificates, a certificate issued by Transport Canada to a pilot with a foreign licence allowing him/her to temporarily operate a Canadian registered aircraft, could only be issued for specific and limited reasons: For short term recreational reason, to ferry or position an aircraft, to provide or receive type training, to operate a Canadian aircraft for a foreign operator, or to operate a Canadian aircraft wholly outside of Canada. and also also, for specific commercial purposes like fighting forest fires, evacuation, etc in case of national emergencies such as fires, floods etc.

Then in 1998, TC added CASS 421.07(2)(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)

Except that the French version read like this :

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.
(modifié 1998/03/23; pas de version précédente)

The French version of this clause specified that 421.07(2)(j) could only be used in exceptional circumstances, and when authorized by the Minister. It so happens that the original draft of the English version also read that this clause could only be used in exceptional circumstances, and only when authorized by the Minister but for a reason that is not explained in the CARAC archives, of which I have a copy, the part that restricted the use of this clause only in exceptional circumstances was deleted from the published English language version but remained in the French version.

Then Transport Canada, using this clause, began to allow foreign licenced pilots, to fly commercially in Canadaat the controls of large transport category jets operated under 705. Many FLVC were issued to foreign licenced pilots to fly for Skyservice airlines, the Sunwing Airlines and Canjet began using foreign pilots as well.
Some winters, there were over 200 foreign licensed pilots flying large Canadian commercial jet inside of Canada using FLVCs issued under 421.07(2)(j), in clear violation of the French version of the CASS.

In fact, according to statistic obtained from Transport Canada, during certain calendar years, the vast majority of FLVCs issued by TC were issued under 421.07(2)(j).
Lawyers that were consulted all agreed that when an English and French version of a law or Regulation did not match, the most restrictive of the two applied. So the French version of 421.07(2)(j) should have applied since 1998. Yet it was simply ignored.

When Transport Canada was advised of this, they continued to ignore it until last month, when TC unilaterally adjusted the French version of the CASS to the English version, without any public consultations or a second thought.

j) lorsqu’une demande a la prétention de servir l’intérêt public et que la sécurité aérienne ne risque pas d’être compromise pour des raisons autres que celles énumérées ci-dessus, le ministre peut accorder une approbation.
(en vigeur 2016/07/31)

.
Transport Canada sees no contradiction in having on one hand a very restrictive rule that states:
421.07(2)(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;
followed right after by clause j) which states that TC can issue FLVCs for any other reason.

With a clause j) with no restrictions, why does a clause g) even exist ?

While pilots licensed by Transport Canada go through rigorous training and testing, there are many countries, such as India, where fake pilots licences are easily obtained, and those who obtained their licences through fraudulent means may soon start operating airlines here putting lives of Canadians at risk, pilots warn.

“I know of no other developed country that has such a liberal policy on allowing pilots licensed in another country to fly for its domestic airlines,” Hudicourt said. “Even the countries from which Canadian airlines import these foreign licenced pilots do not reciprocate in granting the same privilege to Canadian licenced pilots in their country.”

“So why does Transport Canada allow this?” Hudicourt added. “To accommodate the few commercial operators who requested the use of the foreign licenced pilots.”

“The regulations, standards and policies that prohibited this practice in the past were never modified to allow it,” Hudicourt concluded. “Transport Canada just did it, and no one contested it. This practice must stop.”

[Photo Credit: Canadian Aircraft flown by Canadian Pilots]

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..... “Even the countries from which Canadian airlines import these foreign licenced pilots do not reciprocate in granting the same privilege to Canadian licenced pilots in their country.”

I wonder what their reasons are for that policy?

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" Canada has become the only industrialized nation in the world that allows foreign licensed pilots, some of whom may have obtained their licenses without ever having flown a plane, to operate local commercial aircraft, ..."

That is SO not true, unless I misunderstand the simple English language used to compile the sentence.

During my brief years in the contract world, I acquired 4 separate validations of my Canadian license to fly locally registered aircraft. Only one was addressed seriously. All 3 of the remainder accepted, even highlighted "frauds". One contract in India had 15 new hires. Within 2 months, fully 7 had their contracts cancelled ONLY AFTER the individuals were challenged by those of us with active, demonstrable, provable credentials. Still, some remained.

 

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