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Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2021-01-10 and last amended on 2021-01-01. Previous Versions

Part VII — Commercial Air Services (continued)

Division III — Flight Crew Member Fatigue Management (continued)

[
  • SOR/2006-199, s. 15
  • SOR/2018-269, s. 18
]

Rest Period — Positioning (continued)

[700.44 to 700.49 reserved]

Split Flight Duty

  •  (1) A flight crew member’s flight duty period may exceed the maximum flight duty period set out in section 700.28 by the following amount of time, if the air operator provides the member with a break, in suitable accommodation, of at least 60 consecutive minutes during the flight duty period:

    • (a) 100% of the duration of the break that is provided to the member during the period beginning at 24:00 and ending at 05:59;

    • (b) 50% of the duration of the break that is provided to the member during the period beginning at 06:00 and ending at 23:59; and

    • (c) in the case of an unforeseen operational circumstance, 50% of the duration of the break that is provided to the member in the case of the replanning of a flight duty period after it has begun.

  • (2) For the purposes of subsection (1), the duration of the break provided to the flight crew member is reduced by 45 minutes before the calculation is made.

  • (3) If a flight crew member is assigned to night duty, their flight duty period may only be extended under subsection (1) for three consecutive nights.

  • (4) The time referred to in paragraphs (1)(a) and (b) is the time at the location where the flight crew member is acclimatized.

  • (5) If a flight crew member on reserve is assigned to flight duty that includes split duty, the air operator may extend the reserve duty period by two hours if a break in accordance with this section is provided. There shall not be more than two flights during the flight duty period following the break.

  • SOR/2018-269, s. 13

Consecutive Flight Duty Periods

  •  (1) An air operator shall not assign to a flight crew member more than three consecutive flight duty periods if any part of those periods falls between 02:00 and 05:59, unless the air operator provides the member with one local night’s rest at the end of the third flight duty period.

  • (2) However, an air operator may assign to a flight crew member up to five consecutive flight duty periods even if any part of those periods falls between 02:00 and 05:59 if the member is provided with

    • (a) a rest period of three hours in suitable accommodation during each flight duty period; and

    • (b) 56 consecutive hours free from duty at the end of the last consecutive flight duty period.

  • SOR/2018-269, s. 13

Delayed Reporting Time

  •  (1) If an air operator advises a flight crew member of a delay in the member’s reporting time before the member leaves their suitable accommodation to report for duty, the duration of the flight duty period shall, for the purposes of determining the maximum flight duty period in accordance with section 700.28, be calculated starting from either the initial reporting time or the delayed reporting time, whichever results in the shorter period.

  • (2) Despite subsection (1), the flight duty period shall begin, if the delay in the reporting time

    • (a) is less than four hours, at the delayed reporting time; or

    • (b) is four hours or more but less than 10 hours, four hours after the initial reporting time.

  • (3) If the delay in the reporting time is 10 hours or more, the duration of the delay is considered to be a rest period if the air operator advises the flight crew member of the delay before they leave the suitable accommodation, and does not disturb their rest period before an agreed time.

  • (4) Unless the air operator and flight crew member agree on a time when the air operator may disturb the member’s rest period referred to in subsection (3), the air operator shall not interrupt the member’s rest period other than

    • (a) during the 30-minute period before the time the member was initially scheduled to leave the suitable accommodation; or

    • (b) during the 60-minute period before the initial reporting time.

  • SOR/2018-269, s. 13

[700.53 to 700.59 reserved]

Maximum Flight Duty Period — Augmented Flight Crew and Rest Facilities

  •  (1) Despite section 700.28, if the air operator assigns for a flight the number of additional flight crew members set out in column 2 of the table to this subsection and provides, for each additional member, the corresponding rest facility set out in column 3, the maximum flight duty period is the period set out in column 1.

    TABLE

    Maximum Flight Duty Period — Augmented Flight Crew and Rest Facility

    Column 1Column 2Column 3
    ItemMaximum Flight Duty Period (Hours)Additional Flight Crew MembersRest Facility
    1141class 3
    2151class 1 or class 2
    315.252class 3
    416.502class 2
    5182class 1
  • (2) The maximum flight duty period set out in subsection (1) applies only to a flight duty period during which there are three or fewer flights if

    • (a) for a flight duty period during which there is one flight, all flight crew members are provided with in-flight rest in a rest facility; and

    • (b) for a flight duty period during which there are two or three flights,

      • (i) the flight crew member who will be at the controls for the final landing is provided with two consecutive hours of in-flight rest in a rest facility; and

      • (ii) all other flight crew members are provided with 90 consecutive minutes of in-flight rest in a rest facility.

  • (3) A flight crew member’s flight duty period shall include all of the time spent in the rest facility.

  • (4) The flight duty period for all flight crew members shall begin and end at the same location. However, for a period during which there is more than one flight and the first flight is scheduled to be less than 105 minutes long, an air operator may assign additional flight crew members to join a flight after the first flight, but all flight crew members shall end their flight duty period at the same location.

  • (5) At least one additional flight crew member shall be on the flight deck during all take-offs and landings, other than for the first flight, if additional flight crew members join the flight after the first flight in the case referred to in subsection (4).

  • (6) In-flight rest shall occur between the time at which the aircraft reaches 3 048 m (10,000 feet) above aerodrome elevation and 15 minutes before the scheduled beginning of the descent.

  • (7) If a flight duty period has been extended, an air operator shall provide each flight crew member with a rest period that is the longer of

    • (a) the duration of the duty period just completed, and

    • (b) 14 hours in suitable accommodation, or 16 hours when the member’s duty period ends at home base.

  • SOR/2018-269, s. 13

Long-range Flights

 An air operator shall not assign a flight duty period to a flight crew member, and a flight crew member shall not accept such an assignment, if the flight duty period occurs within the member’s window of circadian low and includes a flight that follows a scheduled flight of more than seven hours.

  • SOR/2018-269, s. 13

Ultra Long-range Flights

  •  (1) An air operator shall not assign a flight duty period of more than 18 hours to a flight crew member and a member shall not accept such an assignment.

  • (2) An air operator shall not assign a flight crew member to a flight with a scheduled flight time of more than 16 hours, and a member shall not accept such an assignment.

  • SOR/2018-269, s. 13

Unforeseen Operational Circumstances — Flight Duty Period and Rest Period

  •  (1) If the pilot-in-command is of the opinion that an unforeseen operational circumstance that occurs within 60 minutes of the beginning of the flight duty period could lead to a level of fatigue that may adversely affect the safety of the flight, the pilot-in-command may, after consulting with all crew members on their level of fatigue,

    • (a) reduce a flight crew member’s flight duty period;

    • (b) extend a flight crew member’s flight duty period by the following number of hours in excess of the maximum flight duty period set out in section 700.28 or subsection 700.60(1) by

      • (i) one hour for a single-pilot operation,

      • (ii) two hours, if the flight crew is not augmented,

      • (iii) three hours, if the flight crew is augmented and there is one flight during the scheduled flight duty period, and

      • (iv) two hours, if the flight crew is augmented and there are two or three flights during the scheduled flight duty period; or

    • (c) extend a flight crew member’s rest period.

  • (2) If a further unforeseen operational circumstance arises after take-off on the final flight for which the maximum flight duty period was extended under subsection (1), the pilot-in-command may, despite that subsection, continue the flight to the destination aerodrome or to an alternate aerodrome.

  • (3) An air operator shall extend the rest period after a flight duty period is extended under this section by an amount of time that is at least equal to the extension of the flight duty period.

  • (4) At the end of a flight duty period, the pilot-in-command shall notify the air operator of any change to a flight duty period made under this section.

  • SOR/2018-269, s. 13
 
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