Canadian Aviation Regulations (SOR/96-433)

[700.241 to 700.245 reserved]

Non-availability of Exemption

700.246 An air operator who was exempt from the application of provisions in respect of a flight under section 700.200 and who has not validated a safety case in the period set out in paragraph 700.200(3)(b) shall not be exempted from the application of the same provisions and in respect of the same flight for a period of two years after the expiry of that period.

Fatigue Risk Management System — Audit

700.247 The air operator who has implemented a fatigue risk management system in accordance with this Division shall ensure that an audit of its system is conducted, in accordance with the process referred to in subsection 700.219(1),

• (a) within 12 months after the day on which the initial audit is completed under subsection 700.231(1);

• (b) within 12 months after the day on which the previous audit was completed;

• (c) after an incident or accident; and

• (d) after a major change in the air operator’s activities that could affect the levels of fatigue or alertness of the flight crew members.

Variance — Monitoring of Effects

• 700.248 (1) The air operator shall monitor, in accordance with the procedures referred to in subsection 700.219(3), the effects of the variance described in the approved safety case on the flight crew members’ levels of fatigue and alertness for each period of six months during which the flight that is subject to the exemption referred to in section 700.234 is conducted.

• (2) The air operator shall collect data in respect of a representative number of flights conducted over each period of six months in accordance with the methodology set out in the approved safety case.

• (3) If the monitoring shows that the variance described in the approved safety case has an adverse effect on the flight crew members’ levels of fatigue or alertness, the air operator shall develop and take corrective actions to remedy the adverse effect of the variance.

• (4) If corrective actions are taken, the air operator shall assess their effectiveness.

• (5) If the corrective actions remedy the adverse effect of the variance, the air operator shall modify the safety case to take into account the corrective actions and inform the Minister of the modification within 60 days after it is made.

Fatigue Risk Management System — Review

• 700.249 (1) The air operator shall conduct a review of its fatigue risk management system, in accordance with the procedures referred to in subsection 700.219(2), at least once every 12 months after the initial audit required by subsection 700.231(1) is conducted.

• (2) The review of the fatigue risk management system shall assess

  • (a) the fatigue risk management process;

  • (b) the reliability of the safety performance indicators; and

  • (c) the attainment of the safety objectives.

• (3) The air operator shall

  • (a) determine what corrective actions are necessary to remedy any deficiency identified by the review and take those actions;

  • (b) keep a record of any determination made under paragraph (a) and the reason for it; and

  • (c) if the air operator has assigned management functions to another person, provide that person with a copy of the determination.

• (4) An air operator shall not assign a duty relating to the quality assurance program for the fatigue risk management system to a person who is responsible for carrying out a task or an activity evaluated by that program unless

  • (a) owing to the size, nature and complexity of the air operator’s operations and activities, it is impractical to assign the duty to a person who is not responsible for carrying out the task or activity;

  • (b) based on a risk analysis, assigning the duty to a person who is responsible for carrying out the task or activity will not result in an increased risk to aviation safety; and

  • (c) the audit of the fatigue risk management system will not be compromised.

[700.250 to 700.254 reserved]

Training

• 700.255 (1) The air operator shall ensure that training is provided to its employees every 12 months and covers the subjects set out in section 700.218.

• (2) The air operator shall ensure that there is a training record that includes

  • (a) a description of all the training that each employee has received in accordance with this section; and

  • (b) evaluation results for each employee who has received training in accordance with this section.

Documentation — Keeping up to Date

• 700.256 (1) The air operator shall ensure that the fatigue risk management system documentation reflects the procedures and processes that have been established and implemented.

• (2) The air operator shall notify the Minister of any changes to the fatigue risk management system within 60 days after the change is made.

Data and Documentation

• 700.257 (1) The air operator shall collect data in respect of flight crew members on the following:

  • (a) the fatigue model used to assess the levels of fatigue and alertness of the flight crew members;

  • (b) records of testing for fatigue and alertness;

  • (c) the evaluation of the level of fatigue against the baseline level established for comparative analysis.

• (2) The air operator shall keep the following documentation:

  • (a) records and documents created in the course of conducting an audit or a review under this Division; and

  • (b) any other material created under the fatigue risk management system.

Preservation of Information

700.258 The air operator shall keep the information collected and created under this Division for five years after the day on which the information was collected or created.

Access to Documentation

700.259 The air operator shall make available to the Minister on request any documentation that it is required to collect or create under this Division.

Subpart 1 — Foreign Air Operations

Division I — General

Application

701.01 This Subpart applies in respect of the operation in Canada of a foreign state aircraft or an aircraft operated by a foreign operator in an air transport service.

Requirement for Canadian Foreign Air Operator Certificate

• 701.02 (1) Subject to subsections (2) and (3), no person shall operate an aircraft in Canada unless the person complies with the conditions in a Canadian foreign air operator certificate issued to that person by the Minister pursuant to section 701.07.

• (2) A person is not required to hold a Canadian foreign air operator certificate in order to conduct an overflight of Canada or to perform a technical landing in Canada unless the person operates the aircraft under section 701.19, 701.20 or 701.21.

• (3) A person is not required to hold a Canadian foreign air operator certificate in order to operate a foreign state aircraft in Canada.

Requirements for Flight Authorization

• 701.03 (1) No person, other than the holder of a Canadian foreign air operator certificate, shall conduct an overflight of Canada or perform a technical landing in Canada unless the person is authorized to do so in a flight authorization issued by the Minister pursuant to section 701.10.

• (2) No person shall operate a foreign state aircraft in Canada unless the person is authorized to do so in a flight authorization issued by the Minister pursuant to section 701.10.

[701.04 to 701.06 reserved]

Division II — Certification and Authorization

Issuance or Amendment of Canadian Foreign Air Operator Certificate

701.07 Subject to section 6.71 of the Act, the Minister shall, on receipt of an application submitted in the form and manner required by the Commercial Air Service Standards, issue or amend a Canadian foreign air operator certificate.

Contents of Canadian Foreign Air Operator Certificate

701.08 A Canadian foreign air operator certificate shall contain

• (a) the legal name, trade name and address of the foreign air operator;

• (b) the number of the foreign air operator certificate;

• (c) the effective date of certification;

• (d) the date of issue of the certificate;

• (e) the general conditions identified in section 701.09;

• (f) specific conditions with respect to

  • (i) the areas of operation authorized,

  • (ii) the types of service authorized,

  • (iii) the types of aircraft authorized, the conditions of operation and, if applicable, their registration, and

  • (iv) the base of operations and the designated points in Canada, if applicable; and

• (g) where the foreign air operator complies with the Commercial Air Service Standards, operations specifications with respect to

  • (i) instrument approach procedures,

  • (ii) special weather minima authorizations,

  • (iii) navigation system authorizations,

  • (iv) authorizations concerning flight crew member complement,

  • (v) special helicopter procedures, and

  • (vi) any other condition pertaining to the operation that the Minister deems necessary for aviation safety.