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Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2022-08-08 and last amended on 2022-03-06. Previous Versions

Part VII — Commercial Air Services (continued)

Division IV — Flight Crew Member Fatigue Management — Medical Evacuation Flights (continued)

Split Flight Duty

  •  (1) If a flight duty period includes a rest period, an air operator may assign to a flight crew member a flight duty period that exceeds the maximum flight duty period referred to in section 700.104, by one-half the length of the rest period referred to in paragraph (b), to a maximum of three hours, if

    • (a) the air operator provides the member with notice, before the beginning of the flight duty period, of the extension of flight duty period;

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

    • (c) the member’s rest period is not interrupted by the air operator.

  • (2) An air operator shall extend the rest period after a flight duty period referred to in subsection (1) by an amount that is at least equal to the length of the extension to the flight duty period.

Time Free from Duty

  •  (1) An air operator shall provide each flight crew member with the following time free from duty:

    • (a) at least 36 consecutive hours in 7 days; and

    • (b) at least 3 consecutive days in 17 days.

  • (2) An air operator shall provide a flight crew member with advance notice of the member’s time free from duty and its duration.

Consecutive Flight Duty Periods

 An air operator shall provide a flight crew member with at least 24 consecutive hours free from flight duty following three consecutive flight duty period assignments that exceed 12 consecutive hours unless the member has received a rest period of at least 24 consecutive hours free from flight duty between each flight duty period assignment.

Delayed Reporting Time

 If an air operator advises a flight crew member, before the member leaves a rest facility, of a delay in excess of three hours in the member’s reporting time, the member’s flight duty period is considered to have started three hours after the original reporting time.

[700.122 to 700.130 reserved]

Maximum Flight Duty Period — Augmented Flight Crew and Rest Facility

  •  (1) Despite section 700.104, if the air operator assigns an additional flight crew member to a flight and provides for the member the rest facility set out in column 2 of the table to this subsection, 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 2
    ItemMaximum Flight Duty Period (Hours)Rest Facility
    115a flight deck observer seat
    217class 2
    320class 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.

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

  • (4) If a flight duty period has been extended, an air operator shall provide each flight crew member with a rest period that is equal to the duration of the duty period just completed.

Long-range Flights

  •  (1) A flight duty period during which there is one flight or a series of flights that ends more than four one-hour time zones from the point of departure, other than flights 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.

Unforeseen Operational Circumstances

  •  (1) A pilot-in-command may, as a result of unforeseen operational circumstances, and after consulting with all crew members on their level of fatigue, extend a flight crew member’s flight time and flight duty period in excess of the maximum flight time referred to in section 700.103 and the maximum flight duty period referred to in section 700.104.

  • (2) The pilot-in-command may extend the maximum flight time and maximum flight duty period by three hours if the pilot-in-command notifies the air operator of the length of and the reason for the extension. In the case of a flight duty period that is extended, the subsequent rest period shall be increased by an amount at least equal to the length of the extension of the flight duty period.

  • (3) An air operator shall keep a record of all notifications provided to it under subsection (2) for a period of 24 months after the day on which they are provided.

Flight Crew Member on Reserve

  •  (1) An air operator shall provide each flight crew member on reserve with a rest period of at least 10 consecutive hours in any 24 consecutive hours if the air operator

    • (a) provides the member with 24 hours’ notice of the start time and duration of the rest period;

    • (b) provides the member with a minimum of 10 hours’ notice of the start time and duration of the rest period and the air operator does not assign any duty to the member during those 10 hours; or

    • (c) does not assign a flight duty period to the member and does not interrupt the member’s rest period between 22:00 and 06:00 local time.

  • (2) Following a rest period provided under subsection (1), the start of a subsequent rest period cannot vary by more than three hours from the time of day that the preceding rest period started, or by more than a total of eight hours in any seven consecutive days.

  • (3) If an air operator is unable to provide a flight crew member with the rest period referred to in subsection (1) and the member is notified to report for flight duty or the reporting time occurs between 22:00 and 06:00 local time

    • (a) the maximum flight duty period shall be 10 hours; and

    • (b) the rest period following the flight duty period shall be increased by at least one-half the length of the preceding flight duty period.

Controlled Rest on Flight Deck

  •  (1) A flight crew member shall not take a controlled rest on the flight deck of an aircraft that is operated by an air operator unless

    • (a) the rest is 45 minutes or less, is taken during the cruise portion of the flight and is completed at least 30 minutes before the scheduled beginning of the descent;

    • (b) no other flight crew member is taking a rest at that time; and

    • (c) at least two flight crew members remain on the flight deck.

  • (2) Before taking a controlled rest on the flight deck, a flight crew member shall

    • (a) transfer their duties to a flight crew member who is not taking a rest;

    • (b) review the status of the flight, including any specific duties to be performed during the rest;

    • (c) review the wake-up criteria; and

    • (d) advise the other crew members of the start and end times of the rest.

  • (3) A flight crew member who takes a controlled rest on the flight deck shall not assume any duties, and no other flight crew member shall transfer any duties to them, until 15 minutes after the end of the rest.

  • (4) When a flight crew member returns to duty, another flight crew member shall provide him or her with an operational briefing.

[700.136 to 700.199 reserved]

Division V — Exemptions — Fatigue Risk Management System

Initial Exemption

  •  (1) Subject to subsections (3) and (4), an air operator and flight crew members to whom sections 700.20 to 700.72 or 700.101 to 700.135 apply are exempt, in respect of a flight, from the application of the provisions set out in the notice of intent referred to in section 700.206, if

    • (a) the air operator has sent to the Minister a notice of intent that complies with the requirements of section 700.206;

    • (b) the air operator has established and implemented the following components of the fatigue risk management system, referred to in subsection 700.214(1):

      • (i) the fatigue risk management plan, and

      • (ii) the fatigue risk management process; and

    • (c) starting on the date on which the flight is first conducted under the exemption in this subsection and ending when the exemption no longer applies, the air operator notifies the Minister that the analysis required by paragraph 700.225(2)(g) is available to the Minister for review

      • (i) every 90 days, or

      • (ii) if the period during which the flight is conducted is shorter than 90 days, at the end of the period.

  • (2) Subject to subsections (3) and (5), an air operator and flight crew members to whom sections 702.91 to 702.98 apply are exempt, in respect of a flight, from the application of the provisions set out in the notice of intent referred to in section 700.206, if

    • (a) the air operator has sent to the Minister a notice of intent that complies with the requirements of section 700.206;

    • (b) the air operator has established and implemented the following components of the fatigue risk management system, referred to in subsection 700.214(1):

      • (i) the fatigue risk management plan, and

      • (ii) the fatigue risk management process; and

    • (c) starting on the date on which the flight is first conducted under the exemption in this subsection and ending when the exemption no longer applies, the air operator notifies the Minister that the analysis required by paragraph 700.225(2)(g) is available to the Minister for review

      • (i) every 90 days, or

      • (ii) if the period during which the flight is conducted is shorter than 90 days, at the end of the period.

  • (3) The exemptions referred to in subsections (1) and (2) continue to apply in respect of a flight as long as the air operator demonstrates compliance with the requirements of sections 700.213 to 700.225 but cease to apply, in respect of that flight, on the earlier of

    • (a) the date on which the exemption referred to in section 700.234 comes into effect with respect to the same provisions and for the same flight, and

    • (b) three years after the date on which the notice of intent was sent.

  • (4) The exemption referred to in subsection (1) may be in respect of any of the requirements set out in sections 700.27 to 700.72 except for the requirements set out in the following provisions:

    • (a) paragraph 700.27(1)(c);

    • (b) paragraph 700.29(1)(a);

    • (c) section 700.36;

    • (d) section 700.37; and

    • (e) paragraph 700.103(1)(e).

  • (5) The exemption referred to in subsection (2) may be in respect of any of the requirements set out in sections 702.92 to 702.98 except for the requirements set out in paragraph 702.92(1)(a).

Series of Flights

 In this Division, a reference to a flight is also a reference to a series of flights if

  • (a) the flights in the series of flights are consecutive and are conducted by the same flight crew members; and

  • (b) the flight crew members operate the flights during a single flight duty period or consecutive flight duty periods.

[700.202 to 700.205 reserved]

Notice of Intent

  •  (1) An air operator shall send a notice of intent to the Minister that includes

    • (a) a statement that the air operator has established and implemented a fatigue risk management plan and a fatigue risk management process — and maintains the fatigue risk management plan and the fatigue risk management process — and intends to establish, implement and maintain a program for fatigue risk management promotion and a quality assurance program for the fatigue risk management system in accordance with this Division;

    • (b) a description of the flight that will be subject to an exemption referred to in section 700.200;

    • (c) the provisions of these Regulations from which the air operator and flight crew members will be exempt;

    • (d) a description of the manner in which the flight will be conducted results in a variance from the requirements of the provisions referred to in paragraph (c);

    • (e) the scientific studies used to demonstrate that the variance referred to in paragraph (d) is not likely to have an adverse effect on the levels of fatigue and alertness of flight crew members;

    • (f) the expected day on which the exemption referred to in section 700.200 will first apply to the flight and, in the case of a flight that is not conducted year-round, the expected period during which the exemption referred to in that section will apply to the flight;

    • (g) a description of the safety case that will be developed for the flight;

    • (h) a statement that the air operator intends to validate a safety case in accordance with subsection 700.225(3) and to ensure that an initial audit is conducted under subsection 700.231(1); and

    • (i) the name and contact information of the person who will be responsible for implementing the fatigue risk management system.

  • (2) The air operator may include in the notice of intent more than one flight if

    • (a) the duration of the flight duty period is the same for all flights;

    • (b) all flights have the same number of consecutive flight duty periods;

    • (c) the flight duty periods for the flights start within 60 minutes of each other;

    • (d) the duration of any part of a flight duty period that occurs within the flight crew members’ window of circadian low is the same for all flights;

    • (e) all flights have the same number of consecutive flight duty periods that occur during any part of the flight crew members’ window of circadian low;

    • (f) the duration of the rest period before and after each flight duty period is the same for all flights;

    • (g) the time of day during which each rest period is taken is similar for all flights;

    • (h) the flights are conducted in the same time zone or across the same number of time zones in the same direction by flight crew members who are all acclimatized to the same time zone;

    • (i) the flights are conducted with the same aircraft type;

    • (j) the flights are conducted with the same number of flight crew members;

    • (k) the operating environments are similar for all flights; and

    • (l) the hazards and risks are similar for all flights.

 
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