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Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2019-11-19 and last amended on 2019-08-08. Previous Versions

Part VII — Commercial Air Services (continued)

Division II — Approach Bans (continued)

Approach Bans — CAT II and CAT III Precision

 No pilot-in-command of an IFR aircraft operated under this Part who is conducting a CAT II or CAT III precision approach shall continue the approach beyond the FAF inbound or, where there is no FAF, the point where the final approach course is intercepted, unless the RVR is equal to or greater than the minimum RVR specified in the Canada Air Pilot in respect of the runway or surface of intended approach for the instrument approach procedure conducted.

  • SOR/2006-199, s. 15

Division II.1 — Portable Electronic Devices

 Despite subsection 602.08(1), an air operator that operates an aircraft under Subpart 3, 4 or 5 of Part VII may permit the use of a PED on board an aircraft if the air operator has validated that the use of the PED will not adversely affect the operation of the aircraft or the functioning of the aircraft’s systems or equipment during any phase of the flight.

  • SOR/2019-296, s. 7

 An air operator that permits the use of a PED shall keep an up-to-date record of the following and provide a copy to the Minister on request:

  • (a) the type, series and model of aircraft on which the air operator permits the use of a PED; and

  • (b) for each aircraft referred to in paragraph (a), documents demonstrating that the use of a PED will not adversely affect the operation of the aircraft or the functioning of the aircraft’s systems or equipment during any phase of the flight.

  • SOR/2019-296, s. 7

 If an air operator suspects that a PED whose use it has permitted may adversely affect, or is adversely affecting, the operation of an aircraft or the functioning of an aircraft’s systems or equipment, the air operator shall

  • (a) immediately prohibit the use of the PED; and

  • (b) as soon as practicable, submit to the Minister a report of the adverse effects on the operation of the aircraft or the functioning of the aircraft’s systems or equipment that are caused, or possibly caused, by the use of the PED.

  • SOR/2019-296, s. 7

Division III — Flight Time and Flight Duty Period Limitations and Rest Periods

[SOR/2006-199, s. 15; SOR/2018-269, s. 18]

Non-application

 This Division does not apply to an air operator who operates an aircraft under Subpart 2 of Part VII or to a flight crew member who operates an aircraft under that Subpart.

  • SOR/2018-269, s. 12

Monitoring System

  •  (1) Every air operator shall establish a system that monitors the flight time, flight duty time and rest periods of each of its flight crew members and shall include in its company operations manual the details of that system.

  • (2) Where a person becomes aware that an assignment by an air operator to act as a flight crew member on a flight would result in the maximum flight time referred to in section 700.15 or the maximum flight duty time referred to in section 700.16 being exceeded, the person shall so notify the air operator.

Flight Time Limitations

  •  (1) Subject to subsection (2), no air operator shall assign a flight crew member for flight time, and no flight crew member shall accept such an assignment, if the flight crew member’s total flight time in all flights conducted by the flight crew member will, as a result, exceed

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

    • (b) 300 hours in any 90 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) where the flight is conducted under Subpart 4 or 5 using an aircraft other than a helicopter, 40 hours in any 7 consecutive days;

    • (e) where the flight is conducted under Subpart 2 or 3, or is conducted using a helicopter, 60 hours in any 7 consecutive days; or

    • (f) where the flight crew member conducts single-pilot IFR flights, 8 hours in any 24 consecutive hours.

  • (2) An air operator may assign a flight crew member for flight time, and a flight crew member may accept such an assignment, where the flight crew member’s flight time will, as a result, exceed the flight time referred to in subsection (1) if

    • (a) the increase in flight time is authorized in the air operator’s air operator certificate; and

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

  • (3) Subject to section 700.17, a flight crew member who reaches a flight time limitation established by this section is deemed to be fatigued and shall not continue on flight duty or be reassigned to flight duty until such time as the flight crew member has had the rest period required by section 700.16 or 700.19.

Flight Duty Time Limitations and Rest Periods

  •  (1) Subject to subsections (5) and (7), no air operator shall assign a flight crew member for flight duty time, and no flight crew member shall accept such an assignment, if the flight crew member’s flight duty time will, as a result, exceed 14 consecutive hours in any 24 consecutive hours. Where the flight is conducted under Subpart 4 or 5 using an aircraft other than a helicopter, flight duty time shall include 15 minutes for post-flight duties.

  • (2) Where the flight is conducted under Subpart 4 or 5 using an aircraft other than a helicopter or a DeHavilland DHC-6 aircraft pursuant to the Commercial Air Service Standards, a flight crew member shall receive at least 24 consecutive hours free from flight duty following 3 consecutive flight duty time assignments that exceed 12 consecutive hours unless the flight crew member has received at least 24 consecutive hours free from flight duty between each flight duty time assignment.

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

  • (4) A flight crew member shall use a rest period provided pursuant to subsection (3) and section 700.19 to obtain the necessary rest and shall be adequately rested prior to reporting for flight duty.

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

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

    • (b) the air operator provides the flight crew member with a rest period of at least 4 consecutive hours in suitable accommodation; and

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

  • (6) The minimum rest period following flight duty time referred to in subsection (5) and prior to the next flight duty time shall be increased by an amount at least equal to the extension to the flight duty time.

  • (7) An air operator may assign a flight crew member for flight duty time, and a flight crew member may accept such an assignment, where the flight crew member’s flight duty time will, as a result, exceed the flight duty time referred to in subsection (1) if

    • (a) the increase in flight duty time is authorized in the air operator certificate; and

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

Unforeseen Operational Circumstances

 The maximum flight time referred to in paragraphs 700.15(1)(a) to (e) and the maximum flight duty time referred to in subsection 700.16(1) may be exceeded if

  • (a) the flight is extended as a result of unforeseen operational circumstances;

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

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

  • SOR/99-158, s. 2

Delayed Reporting Time

 Where a flight crew member is notified of a delay in reporting time before leaving a rest facility and the delay is in excess of 3 hours, the flight crew member’s flight duty time is considered to have started 3 hours after the original reporting time.

Requirements for Time Free from Duty

  •  (1) Subject to subsection (2), an air operator shall provide each flight crew member with the following time free from duty:

    • (a) where the operation is conducted under Subpart 4 or 5 using an aircraft other than a helicopter, one period of at least 36 consecutive hours within each 7 consecutive days or one period of at least 3 consecutive calendar days within each 17 consecutive days;

    • (b) where the operation is conducted under Subpart 2 or 3 or is conducted using a helicopter, one period of at least 24 consecutive hours 13 times within each 90 consecutive days and 3 times within each 30 consecutive days; and

    • (c) where the flight crew member is a flight crew member on call, one period of at least 36 consecutive hours within each 7 consecutive days or one period of at least 3 consecutive calendar days within each 17 consecutive days.

  • (2) An air operator may provide a flight crew member with time free from duty other than as required by paragraphs (1)(a) and (b) if

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

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

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

 
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