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Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2021-05-04 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)

Fitness for Duty

  •  (1) An air operator shall not allow a flight crew member to begin a flight duty period if, before the beginning of the period, the member advises the air operator that they are fatigued to the extent that they are not fit for duty.

  • (2) A flight crew member shall advise every other flight crew member and the air operator as soon as the member becomes aware that they have become fatigued during a flight duty period to the extent that they are not fit for duty.

  • (3) If there is only one flight crew member on board the aircraft, and the member becomes aware during a flight duty period that they have become fatigued to the extent that they are not fit for duty, they shall advise the air operator immediately or, if the aircraft is in flight, as soon as possible after the aircraft has landed.

  • (4) If a person who is assigned by an air operator to act as a flight crew member, or any other person, becomes aware that the assignment would result in the maximum flight time or maximum flight duty period being exceeded, the member or other person shall advise the air operator as soon as possible.

  • (5) If a flight crew member or any other person becomes aware that the member was not granted their rest period or time free from duty, the member or other person shall advise the air operator as soon as possible.

  • SOR/2018-269, s. 13

Maximum Flight Time

  •  (1) An air operator shall not assign a flight crew member for flight time, and a flight crew member shall not accept such an assignment, if the member’s total flight time will, as a result, exceed

    • (a) if the flight is conducted under Subpart 4 or 5 using an aircraft other than a helicopter, 40 hours in any 7 consecutive days;

    • (b) if the flight is conducted under Subpart 3, or is conducted using a helicopter, 60 hours in any 7 consecutive days;

    • (c) 120 hours in any 30 consecutive days or, in the case of a flight crew member on call, 100 hours in any 30 consecutive days;

    • (d) 300 hours in any 90 consecutive days;

    • (e) 1,200 hours in any 365 consecutive days; or

    • (f) in the case of a single-pilot operation, 8 hours in any 24 consecutive hours.

  • (2) For the purpose of subsection (1), a flight crew member’s flight time includes

    • (a) the flight time accumulated from other flight operations; and

    • (b) the total flight time of a flight with an augmented flight crew.

  • SOR/2018-269, s. 13

Maximum Flight Duty Period

 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 exceeds 14 hours.

  • SOR/2018-269, s. 13

[700.105 to 700.115 reserved]

Rest Period — General

  •  (1) An air operator shall provide a flight crew member, at the end of a flight duty period, with a rest period of 10 hours plus the travel time to and from the place where the rest period is taken.

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

  • SOR/2018-269, s. 13

Rest Period — Positioning

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

  • SOR/2018-269, s. 13

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.

  • SOR/2018-269, s. 13

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.

  • SOR/2018-269, s. 13

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.

  • SOR/2018-269, s. 13

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.

  • SOR/2018-269, s. 13

[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.

  • SOR/2018-269, s. 13

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.

  • SOR/2018-269, s. 13

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.

  • SOR/2018-269, s. 13
 
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