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Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2021-06-03 and last amended on 2021-01-01. Previous Versions

Part VII — Commercial Air Services (continued)

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

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).

 
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