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Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2019-08-28 and last amended on 2019-08-08. Previous Versions

Part VII — Commercial Air Services (continued)

Subpart 2 — Aerial Work (continued)

Division X — Flight Time, Flight Duty Period Limitations and Rest Periods (continued)

Maximum Flight Duty Period and Rest Periods
  •  (1) Subject to subsections (3) and (5), 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 member’s flight duty period will, as a result, exceed 14 consecutive hours in any 24 consecutive hours.

  • (2) Following a flight duty period, an air operator shall provide a flight crew member with the minimum rest period and any additional rest period required by this Subpart.

  • (3) When a flight duty period includes a rest period, the flight duty period may be extended beyond the maximum flight duty period referred to in subsection (1) by one-half the length of the rest period referred to in paragraph (b), to a maximum of three hours, if the air operator

    • (a) provides the flight crew member with advance notice of the extension of the flight duty period;

    • (b) provides the member with a rest period of at least four consecutive hours in suitable accommodation; and

    • (c) does not interrupt the member’s rest period.

  • (4) An air operator shall extend the rest period that follows the flight duty period referred to in subsection (3) and that is provided before the next flight duty period by an amount of time that is at least equal to the length of the extension of the flight duty period.

  • (5) An air operator may assign a flight duty period to a flight crew member, and a flight crew member may accept such an assignment, even if the flight duty period will, as a result, exceed the maximum flight duty period referred to in subsection (1) if

    • (a) the extension of the flight duty period is authorized in the air operator certificate; and

    • (b) the air operator and the member comply with the Commercial Air Service Standards.

  • SOR/2018-269, s. 14
Unforeseen Operational Circumstances

 The total flight time referred to in subsection 702.92(1) and the maximum flight duty period referred to in subsection 702.93(1) may be exceeded if

  • (a) the flight is extended as a result of an unforeseen operational circumstance that occurs after the beginning of the flight duty period;

  • (b) the pilot-in-command, after consulting with the other flight crew members, considers it safe to exceed the total flight time and maximum flight duty period; and

  • (c) the air operator and the pilot-in-command comply with the Commercial Air Service Standards.

  • SOR/2018-269, s. 14
Delayed Reporting Time

 If a flight crew member is notified of a delay in reporting time before leaving a rest facility and the delay is in excess of three hours, the member’s flight duty period is considered to have begun three hours after the original reporting time.

  • SOR/2018-269, s. 14
Time Free from Duty
  •  (1) An air operator shall provide each flight crew member with the following time free from duty:

    • (a) at least 24 consecutive hours 13 times within any 90 consecutive days and 3 times within any 30 consecutive days; and

    • (b) when the member is a flight crew member on call, at least 36 consecutive hours within any 7 consecutive days or at least 3 consecutive days within any 17 consecutive days.

  • (2) However, an air operator may provide a flight crew member with time free from duty other than as required by paragraph (1)(a) if

    • (a) the time free from duty is authorized in the air operator certificate; and

    • (b) the air operator and the member comply with the Commercial Air Service Standards.

  • (3) An air operator shall notify a flight crew member on call of the start and duration of the member’s time free from duty.

  • SOR/2018-269, s. 14
Flight Crew Member Positioning

 If a flight crew member is required by an air operator to travel for the purpose of positioning after the completion of a flight duty period, the air operator shall provide the member with an additional rest period that is at least equal to one-half the time spent travelling that is in excess of the member’s maximum flight duty period.

  • SOR/2018-269, s. 14
Long-range Flights
  •  (1) A flight duty period during which there is one flight or a series of flights and that ends more than four one-hour time zones from the point of departure, other than a series of flights that is conducted entirely within Northern Domestic Airspace, shall be limited to three flights, in the case of a series of fights, and shall be followed by a rest period that is at least equal to the length of the flight duty period.

  • (2) If a flight referred to in subsection (1) is a transoceanic flight, the maximum number of flights that may be conducted after the transoceanic flight is one, excluding one unscheduled technical stop that occurs during the flight.

  • SOR/2018-269, s. 14

Subpart 3 — Air Taxi Operations

Division I — General

Application

 This Subpart applies in respect of the operation by a Canadian air operator, in an air transport service or in aerial work involving sightseeing operations, of any of the following aircraft:

  • (a) a single-engined aircraft;

  • (b) a multi-engined aircraft, other than a turbo-jet-powered aeroplane, that has a MCTOW of 8 618 kg (19,000 pounds) or less and a seating configuration, excluding pilot seats, of nine or less;

  • (b.1) a multi-engined helicopter certified for operation by one pilot and operated under VFR; and

  • (c) any aircraft that is authorized by the Minister to be operated under this Subpart.

  • SOR/2005-193, s. 1
Aircraft Operation

 No air operator shall operate an aircraft under this Subpart unless the air operator complies with the conditions and operations specifications in an air operator certificate issued to that operator by the Minister pursuant to section 703.07.

[703.03 to 703.06 reserved]

Division II — Certification

Issuance or Amendment of Air Operator Certificate
  •  (1) Subject to section 6.71 of the Act, the Minister shall, on receipt of an application submitted in the form and manner required by the Commercial Air Service Standards, issue or amend an air operator certificate where the applicant demonstrates to the Minister the ability to

    • (a) maintain an adequate organizational structure;

    • (b) maintain an operational control system;

    • (c) meet training program requirements;

    • (d) comply with maintenance requirements;

    • (e) meet the Commercial Air Service Standards for the operation; and

    • (f) conduct the operation safely.

  • (2) For the purposes of subsection (1), an applicant shall have

    • (a) a management organization capable of exercising operational control;

    • (b) managerial personnel who have been approved by the Minister in accordance with the Commercial Air Service Standards, are employed on a full-time basis and perform the functions related to the following positions, namely,

      • (i) operations manager,

      • (ii) chief pilot, and

      • (iii) where the applicant does not hold an approved maintenance organization (AMO) certificate, maintenance manager;

    • (c) operational support services and equipment that meet the Commercial Air Service Standards;

    • (d) aircraft that are properly equipped for and flight crew members who are qualified for the area of operation and the type of operation;

    • (e) an operational control system that meets the requirements of section 703.16;

    • (f) a training program that meets the requirements of this Subpart;

    • (g) legal custody and control of at least one aircraft of each category of aircraft that is to be operated;

    • (h) a company operations manual that meets the requirements of sections 703.104 and 703.105; and

    • (i) a maintenance control system approved pursuant to Subpart 6.

Contents of Air Operator Certificate

 An air operator certificate shall contain

  • (a) the legal name, trade name and address of the air operator;

  • (b) the number of the air operator certificate;

  • (c) the effective date of certification;

  • (d) the date of issue of the certificate;

  • (e) the general conditions identified in section 703.09;

  • (f) specific conditions with respect to

    • (i) the areas of operation authorized,

    • (ii) the types of service authorized,

    • (iii) the types of aircraft authorized and, if applicable, their registration, and any operational restrictions, and

    • (iv) the main base, scheduled points and, if applicable, sub-bases; and

  • (g) where the air operator complies with the Commercial Air Service Standards, operations specifications with respect to

    • (i) aircraft performance, equipment and emergency equipment requirements,

    • (ii) instrument approach procedures,

    • (iii) enroute aerodrome authorizations and limitations,

    • (iv) special weather minima authorizations,

    • (v) authorizations concerning flight crew member complement,

    • (vi) pilot training and pilot proficiency checks,

    • (vii) special helicopter procedures,

    • (viii) the air operator maintenance control system approved pursuant to Subpart 6,

    • (ix) leasing arrangements,

    • (ix.1) navigation system authorizations, and

    • (x) any other condition pertaining to the operation that the Minister deems necessary for aviation safety.

  • SOR/2009-152, s. 7
  • SOR/2019-119, s. 38
 
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