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Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2024-02-20 and last amended on 2023-06-21. 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.

 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.

 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.

 [Reserved, SOR/2018-269, s. 13]

 [Reserved, SOR/2018-269, s. 13]

 [Reserved, SOR/2018-269, s. 13]

 [Reserved, SOR/2018-269, s. 13]

 [Reserved, SOR/2018-269, s. 13]

 [Reserved, SOR/2018-269, s. 13]

[700.13 to 700.18 reserved]SOR/2018-269, s. 13; SOR/2019-296, s. 11

Division III — Flight Crew Member Fatigue Management

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

Non-application and Interpretation

  •  (1) This Division does not apply

    • (a) to an air operator who operates an aircraft under Subpart 2 of this Part or to a flight crew member who operates an aircraft under that Subpart; or

    • (b) to an air operator who conducts a medical evacuation flight or to a flight crew member who operates an aircraft to conduct such a flight.

  • (2) For the purposes of this Division, references to a time of day are

    • (a) if a flight crew member is acclimatized, references to the local time at their location; or

    • (b) if a flight crew member is not acclimatized, references to the local time at the last location where the member was acclimatized.

Monitoring System and Records

  •  (1) An air operator shall have a system that monitors the flight times, flight duty periods, hours of work and rest periods of each of its flight crew members and shall include in its company operations manual the details of that system.

  • (2) An air operator shall, for each flight crew member, keep a record of

    • (a) all flight times;

    • (b) the start and end times as well as the duration of each flight duty period;

    • (c) the start and end times as well as the duration of each duty period;

    • (d) the start and end times as well as the duration of each rest period; and

    • (e) all time free from duty.

  • (3) An air operator shall keep a record of all notifications provided to it by a pilot-in-command under subsection 700.63(4).

  • (4) An air operator shall keep the records referred to in this section for a period of 24 months after the day on which they are made.

Air Operator Obligations — Scheduling

  •  (1) An air operator shall provide a flight crew member with their schedule sufficiently in advance for them to plan for adequate rest.

  • (2) An air operator shall, on a monthly basis, determine if a flight crew member’s maximum flight duty period with respect to a flight is exceeded more than 10% of the time in a period of 90 consecutive days.

  • (3) If an air operator determines that more than 10% of a flight crew member’s maximum flight duty periods are exceeded as a result of an unforeseen operational circumstance, the air operator shall change the schedule or the flight crew member pairing for the flight not later than 28 days after the day on which the determination is made.

  • (4) If the air operator sets schedules on a seasonal basis, the changes referred to in subsection (3) may be delayed until the beginning of the same season in the following year.

 [Reserved, SOR/2018-269, s. 13]

 [Reserved, SOR/2018-269, s. 13]

[700.22 to 700.25 reserved]

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, maximum flight duty period or maximum number of hours of work 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.

Maximum Flight Time

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

    • (a) 112 hours in any 28 consecutive days;

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

    • (c) 1,000 hours in any 365 consecutive days; or

    • (d) 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.

Maximum Flight Duty Period

  •  (1) 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 the maximum flight duty period set out in this section.

  • (2) If the average duration of all scheduled flights is less than 30 minutes, the maximum period of a flight duty period that begins during a period set out in column 1 of the table to this subsection is the number of hours set out in column 2, 3 or 4, according to the number of flights scheduled during the flight duty period.

    TABLE

    Maximum Flight Duty Period — Average Flight Duration of Less Than 30 Minutes

    Column 1Column 2Column 3Column 4
    ItemStart Time of Flight Duty Period1 to 11 Flights12 to 17 Flights18 or More Flights
    124:00 to 03:599 hours9 hours9 hours
    204:00 to 04:5910 hours9 hours9 hours
    305:00 to 05:5911 hours10 hours9 hours
    406:00 to 06:5912 hours11 hours10 hours
    507:00 to 12:5913 hours12 hours11 hours
    613:00 to 16:5912.5 hours11.5 hours10.5 hours
    717:00 to 21:5912 hours11 hours10 hours
    822:00 to 22:5911 hours10 hours9 hours
    923:00 to 23:5910 hours9 hours9 hours
  • (3) If the average duration of all scheduled flights is 30 minutes or more but less than 50 minutes, the maximum period of a flight duty period that begins during a period set out in column 1 of the table to this subsection shall not exceed the number of hours set out in column 2, 3 or 4, according to the number of flights scheduled during the flight duty period.

    TABLE

    Maximum Flight Duty Period — Average Flight Duration of 30 Minutes or More but Less Than 50 Minutes

    Column 1Column 2Column 3Column 4
    ItemStart Time of Flight Duty Period1 to 7 Flights8 to 11 Flights12 or More Flights
    124:00 to 03:599 hours9 hours9 hours
    204:00 to 04:5910 hours9 hours9 hours
    305:00 to 05:5911 hours10 hours9 hours
    406:00 to 06:5912 hours11 hours10 hours
    507:00 to 12:5913 hours12 hours11 hours
    613:00 to 16:5912.5 hours11.5 hours10.5 hours
    717:00 to 21:5912 hours11 hours10 hours
    822:00 to 22:5911 hours10 hours9 hours
    923:00 to 23:5910 hours9 hours9 hours
  • (4) If the average duration of all scheduled flights is 50 minutes or more, the maximum period of a flight duty period that begins during a period set out in column 1 of the table to this subsection shall not exceed the number of hours set out in column 2, 3 or 4, according to the number of flights scheduled during the flight duty period.

    TABLE

    Maximum Flight Duty Period — Average Flight Duration of 50 Minutes or More

    Column 1Column 2Column 3Column 4
    ItemStart Time of Flight Duty Period1 to 4 Flights5 or 6 Flights7 or More Flights
    124:00 to 03:599 hours9 hours9 hours
    204:00 to 04:5910 hours9 hours9 hours
    305:00 to 05:5911 hours10 hours9 hours
    406:00 to 06:5912 hours11 hours10 hours
    507:00 to 12:5913 hours12 hours11 hours
    613:00 to 16:5912.5 hours11.5 hours10.5 hours
    717:00 to 21:5912 hours11 hours10 hours
    822:00 to 22:5911 hours10 hours9 hours
    923:00 to 23:5910 hours9 hours9 hours
  • (5) For the purposes of subsections (2) to (4), a flight crew member is considered to be acclimatized if

    • (a) in the case of a time zone difference of less than four hours between local time and the time at the last location where the member was acclimatized, any rest periods required under these Regulations have been provided and the member has spent 72 hours in the same time zone;

    • (b) in the case of a time zone difference of four hours or more between local time and the time at the last location where the member was acclimatized, any rest periods required under these Regulations have been provided and the member has spent 96 hours in the same time zone; or

    • (c) the member has spent 24 hours in the same time zone for each hour of difference between local time and the time at the last location where the member was acclimatized.

  • (6) For the purposes of subsections (2) to (4), positioning is not to be considered a flight.

  • (7) For the purposes of subsection (5), the Canadian time zones are Pacific, Mountain, Central, Eastern, and the Atlantic time zone, which includes Newfoundland and Labrador.

  • (8) The flight duty period for a flight crew member on standby begins at the time at which they report for duty at the location designated by the air operator.

  • (9) When all flights are conducted under day VFR, the maximum period of a flight duty period that begins during a period set out in column 1 of the table to this subsection shall not exceed the number of hours set out in column 2.

    TABLE

    Maximum Flight Duty Period — Flights Conducted Under Day VFR

    Column 1Column 2
    ItemStart Time of Flight Duty PeriodMaximum Flight Duty Period
    124:00 to 03:599 hours
    204:00 to 04:5910 hours
    305:00 to 05:5911 hours
    406:00 to 06:5912 hours
    507:00 to 12:5913 hours
    613:00 to 16:5912.5 hours
    717:00 to 21:5912 hours
    822:00 to 22:5911 hours
    923:00 to 23:5910 hours
 

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