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  1. Canadian Aviation Regulations - SOR/96-433 (Section 700.225)
    •  (1) The air operator shall ensure that a safety case is established in respect of a flight subject to an exemption referred to in section 700.200 to demonstrate that the variance described in the notice of intent does not increase the level of fatigue or decrease the level of alertness of the flight crew members.

    • (2) The safety case shall consist of

      • (a) a description of the flight in respect of which an exemption set out in section 700.200 applies;

      • (b) the provisions of these Regulations from which the air operator and flight crew members are exempt;

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

      • (d) the data collection methodology and data used initially to establish, in respect of the flight, the baseline levels of fatigue and alertness of the flight crew members and to identify fatigue-related hazards and risks;

      • [...]

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

      • (g) an analysis of the effect of the variance on the levels of fatigue and alertness of flight crew members that takes into account the flight crew members’ schedule before and after the flight in respect of which the exemption applies and the findings of the fatigue risk assessment;

      • [...]

      • (i) procedures to measure the effect of the variance on the levels of fatigue and alertness of the flight crew members;

      • (j) the preventive measures or corrective actions that are taken to remedy any adverse effect of the variance on the levels of fatigue and alertness of the flight crew members; and

    • (3) A safety case is validated when the following conditions are met:

      • (a) fatigue and alertness data have been collected during a period of not less than one year and not more than two years starting on the day on which the flight is first conducted under an exemption referred to in section 700.200, for not less than 20 consecutive flights identified in the notice of intent, and the data shows that not more than 5% of those flights have an adverse effect of more than 5% on the baseline levels of fatigue and alertness of the flight crew members determined by means of the methodology described in paragraph (2)(d);

      • [...]

      • (c) mitigation measures have been implemented to manage the hazards and risks related to the variance to remedy increases in the level of fatigue and decreases in the level of alertness of flight crew members;

      • (d) the mitigation measures have been monitored to determine their effect on the flight crew members’ levels of fatigue and alertness;

      • (e) corrective actions have been taken if the mitigation measures monitored under paragraph (d) do not achieve the desired effect on the flight crew members’ levels of fatigue and alertness; and

      • (f) the effectiveness of the mitigation measures and, if applicable, the corrective actions in maintaining the established levels of fatigue and alertness of the flight crew members is shown.

    [...]


  2. Canadian Aviation Regulations - SOR/96-433 (Section 700.70)
    •  (1) An air operator shall notify a flight crew member on reserve of the start and end times of the reserve availability period and the location where it will take place no later than

      [...]

    • (2) An air operator shall not change the start time of a reserve availability period of a flight crew member by

      • (a) more than two hours before, or four hours after, the start time that was communicated to the flight crew member under subsection (1); or

    • (3) If the start time of a reserve availability period is changed to a time after 02:00, the air operator shall not assign another reserve availability period to the flight crew member unless the member is provided with two consecutive days free from duty before the start time of that period.

    • (4) An air operator shall not change the start time of a reserve availability period so that it falls in a flight crew member’s window of circadian low unless the air operator notifies the member of the change at least 24 hours before the revised start time.

    • (5) An air operator shall not assign to a flight crew member a reserve availability period that exceeds 14 consecutive hours.

    • (6) An air operator shall provide a flight crew member with a rest period of at least 10 consecutive hours between reserve availability periods.

    • (7) An air operator shall not assign to a flight crew member a reserve duty period that exceeds

      [...]

    • (8) Despite subsection (7), an air operator may assign to a flight crew member a reserve duty period of

      • (a) no more than 20 hours, if the flight crew is augmented by one additional flight crew member and a class 1 rest facility or a class 2 rest facility is provided for the member;

      • (b) no more than 22 hours, when the reserve availability period begins between 21:00 and 03:00 at the location where the flight crew member is acclimatized, if the flight crew is augmented by two additional flight crew members and a class 1 rest facility or a class 2 rest facility is provided for each of the members; or

      • (c) no more than 26 hours, when the reserve availability period begins before 21:00 or after 03:00 at the location where the flight crew member is acclimatized, if the flight crew is augmented by two additional flight crew members and a class 1 rest facility is provided for each of the members.

    • (9) If the reserve availability period begins between 02:00 and 05:59 at the location where the flight crew member is acclimatized and the member is not contacted by the air operator during that period, the air operator may extend the reserve duty period by two hours or 50% of the reserve availability period that falls between 02:00 and 05:59, whichever is shorter.

    • (10) An air operator shall not assign to a flight crew member a flight duty period that exceeds the maximum reserve duty period set out in subsection (7) or (8) or the maximum flight duty period set out in section 700.28, whichever is shorter, unless the air operator

      • (a) provides the member with at least 24 hours’ notice of the assignment before the beginning of the flight duty period;

      • [...]

      • (c) assigns no duties to the member between the time the notice is provided and the beginning of the flight duty period.

    [...]


  3. Canadian Aviation Regulations - SOR/96-433 (Section 700.60)
    •  (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 1 Column 2 Column 3
      Item Maximum Flight Duty Period (Hours) Additional Flight Crew Members Rest Facility
    • (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).

    • [...]

    • (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

      [...]

    [...]


  4. Canadian Aviation Regulations - SOR/96-433 (Section 604.106)
    •  (1) No private operator shall allow a flight crew member to take a controlled rest on the flight deck of an aircraft operated by the private operator unless

      • (a) the private operator has a controlled-rest-on-the-flight-deck program that includes the following elements:

        • [...]

        • (iii) the procedures to be followed by participating crew members before, during and after a controlled rest; and

      • (b) every participating crew member has received training relating to the elements of the controlled-rest-on-the-flight-deck program.

    • (2) The pilot-in-command of an aircraft operated by a private operator shall determine whether the flight conditions, the duration of the flight and the physiological condition of the crew members allow a controlled rest on the flight deck to be taken by a flight crew member.

    • (3) The pilot-in-command of an aircraft operated by a private operator shall give participating crew members a briefing that includes the following elements:

      • (a) the order in which the periods of controlled rest are to be taken by the flight crew members;

      • [...]

      • (c) the circumstances under which a resting flight crew member is to be woken;

      • (d) the procedures for the transfer of flight controls and duties; and

      • (e) flight attendant duties in relation to a controlled rest.

    • (4) The flight crew members on board an aircraft operated by a private operator shall

      • (a) prior to each controlled rest on the flight deck,

        • [...]

        • (iii) inform the flight attendants of the controlled rest; and

      • (b) remain on the flight deck during the controlled rest.

    • (5) The flight crew member who supervises a controlled rest on the flight deck of an aircraft operated by a private operator shall, during the controlled rest,

      • (a) perform the duties of the resting flight crew member;

      • (b) ensure that the controlled rest is taken only during the cruise portion of the flight and is completed at least 30 minutes before top of descent;

      • [...]

      • (d) ensure that the resting flight crew member is awake for at least 15 minutes before the resumption of duties, except in abnormal or emergency conditions; and

      • (e) after the completion of the controlled rest, give an operational briefing to the flight crew member who has taken the controlled rest.

    • (6) For the purposes of this section, participating crew member means the resting flight crew member and the flight crew member who supervises the controlled rest on the flight deck.

    [...]


  5. Canadian Aviation Regulations - SOR/96-433 (Section 604.50)

     No person shall conduct an instrument procedure using a GNSS receiver in an aircraft operated by a private operator unless

    • [...]

    • (b) every flight crew member has received the following training for which the validity period has not expired:

      • [...]

      • (ii) in-flight training

        • [...]

        • (C) in the use of the GNSS receiver for instrument procedures and other associated duties for each crew position that the flight crew member will occupy,

        • (D) provided

          • [...]

          • (II) using a Level C or D flight simulator equipped with the same model of GNSS receiver as is installed in the private operator’s aircraft or with a model with a user interface comparable to the user interface of that GNSS receiver, and

    • (c) every flight crew member has demonstrated to the private operator the ability to conduct an instrument approach using a GNSS receiver in accordance with this section;

    • [...]

    • (e) the private operator has established procedures to ensure that

      • [...]

      • (ii) flight crew members who identify GNSS receiver database errors communicate those errors to the private operator, and

    • (f) if the aircraft is designed to be operated by one flight crew member, the GNSS course deviation and distance displays are located at the pilot station normally occupied by the pilot-in-command and within the primary field of vision of the flight crew member who occupies the pilot station;

    • (g) if the aircraft is designed to be operated by two flight crew members, the GNSS course deviation and distance displays are located at each pilot station and within the primary field of vision of the flight crew member who occupies the pilot station;

    • (h) if the aircraft is designed to be operated by one flight crew member, but can be operated by two flight crew members,

      • [...]

      • (ii) the GNSS course deviation and distance displays are located at each pilot station and within the primary field of vision of the flight crew members who occupy those pilot stations; and

    [...]



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