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Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2021-01-10 and last amended on 2021-01-01. Previous Versions

Part VII — Commercial Air Services (continued)

Division III — Flight Crew Member Fatigue Management (continued)

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

Unforeseen Operational Circumstances — Split Flight Duty

  •  (1) In the event of an unforeseen operational circumstance that occurs after the beginning of the flight duty period, an air operator may change a flight crew member’s flight duty period to include a split flight duty in accordance with section 700.50 if the pilot-in-command agrees and the change is made before the scheduled break on the ground.

  • (2) The pilot-in-command shall not agree to the change if they are of the opinion, after consulting with all other crew members, that a split flight duty period could lead to a level of fatigue that may adversely affect the safety of the flight.

  • SOR/2018-269, s. 13

[700.65 to 700.69 reserved]

Flight Crew Member on Reserve

  •  (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

    • (a) 12 hours before the start time of the reserve availability period, if no part of that period falls during the member’s window of circadian low; or

    • (b) 32 hours before the start time of the reserve availability period, if any part of that period falls during the member’s window of circadian low.

  • (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

    • (b) more than eight hours before or after the start time that was communicated to the member under subsection (1) in any period of 168 consecutive hours, unless the member is provided with two consecutive days free from duty within that period.

  • (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

    • (a) 18 consecutive hours, if the period begins between 02:00 and 17:59;

    • (b) 17 consecutive hours, if the period begins between 18:00 and 18:59;

    • (c) 16 consecutive hours, if the period begins between 19:00 and 20:59;

    • (d) 15 consecutive hours, if the period begins between 21:00 and 22:59; and

    • (e) 14 consecutive hours, if the period begins between 23:00 and 01:59.

  • (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 availability 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;

    • (b) does not provide the notice during the period that begins at 22:30 and ends at 7:30; and

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

  • SOR/2018-269, s. 13

Flight Crew Member on Standby

  •  (1) The air operator shall provide a flight crew member on standby with a place that provides adequate protection from the elements, where it is possible to sit and to access food and drink and, if possible, that is not accessible to the public.

  • (2) If the flight crew member on standby is not assigned to flight duty, the air operator shall provide them with the following rest periods:

    • (a) if the member is at home base,

      • (i) 12 hours, or 11 hours plus the travel time to or from the member’s lodging, or

      • (ii) if the air operator provides suitable accommodation, 10 hours in that suitable accommodation; or

    • (b) if the member is away from home base, 10 hours.

  • SOR/2018-269, s. 13

Controlled Rest on Flight Deck

  •  (1) A flight crew member shall not take a controlled rest on the flight deck of an aircraft that is operated by an air operator unless

    • (a) the rest is 45 minutes or less, is taken during the cruise portion of the flight and is completed at least 30 minutes before the scheduled beginning of the descent;

    • (b) no other flight crew member is taking a rest at that time; and

    • (c) at least two flight crew members remain on the flight deck.

  • (2) Before taking a controlled rest on the flight deck, a flight crew member shall

    • (a) transfer their duties to a flight crew member who is not taking a rest;

    • (b) review the status of the flight, including any specific duties to be performed during the rest;

    • (c) review the wake-up criteria; and

    • (d) advise the flight attendants of the start and end times of the rest.

  • (3) A flight crew member who takes a controlled rest on the flight deck shall not assume any duties, and no other flight crew member shall transfer any duties to them, until 15 minutes after the end of the rest.

  • (4) When a flight crew member returns to duty, another flight crew member shall provide them with an operational briefing.

  • SOR/2018-269, s. 13

[700.73 to 700.99 reserved]

Division IV — Flight Crew Member Fatigue Management — Medical Evacuation Flights

Application and Interpretation

  •  (1) This Division applies to an air operator who conducts a medical evacuation flight and to a flight crew member who operates an aircraft to conduct such a flight.

  • (2) This Division does not apply 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.

  • (3) For the purposes of this Division, a flight to position an aircraft before or after a medical evacuation flight is considered to be a medical evacuation flight.

  • SOR/2018-269, s. 13

Monitoring System and Records

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

  • (2) 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 referred to in section 700.103 or the maximum flight duty period referred to in section 700.104 being exceeded, the person shall advise the air operator as soon as possible.

  • SOR/2018-269, s. 13
 
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