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Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2021-04-05 and last amended on 2021-01-01. Previous Versions

Part VII — Commercial Air Services (continued)

Division V — Exemptions — Fatigue Risk Management System (continued)

Quality Assurance Program for the Fatigue Risk Management System

  •  (1) The air operator’s quality assurance program for the fatigue risk management system shall include a process for the audit of the fatigue risk management system that includes procedures for

    • (a) auditing the extent to which the air operator has implemented its fatigue risk management system, including

      • (i) a checklist setting out all of the components of the air operator’s fatigue risk management system that are to be audited, and

      • (ii) a plan establishing the frequency of the audits and the manner in which they will be conducted;

    • (b) auditing the fatigue risk management system in the event of an accident or incident;

    • (c) analyzing the findings of the audit and determining the contributing factors of those findings;

    • (d) developing, implementing and monitoring preventive measures and corrective actions to address the findings of the audit; and

    • (e) keeping and updating records, including the findings of the audit, the preventive measures and corrective actions to address those findings and any follow-up taken in respect of those measures and actions.

  • (2) The air operator’s process for the periodic review of the effectiveness of its fatigue risk management system shall include procedures for the assessment of

    • (a) the fatigue risk management process;

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

    • (c) the attainment of the safety objectives.

  • (3) An air operator shall have procedures for the ongoing monitoring of the effect of the variance described in the notice of intent on the flight crew members’ levels of fatigue and alertness.

  • SOR/2018-269, s. 13

[700.220 to 700.224 reserved]

Safety Case

  •  (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;

    • (e) the data collection methods used to evaluate the safety case on an ongoing basis;

    • (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;

    • (h) the fatigue risk controls that are implemented to address the findings of the 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

    • (k) the means that will be used to monitor the effectiveness of the fatigue risk management system in managing the safety case.

  • (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);

    • (b) the fatigue risk assessment has been conducted and the findings of the assessment have been analyzed;

    • (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.

  • SOR/2018-269, s. 13

[700.226 to 700.230 reserved]

Fatigue Risk Management System — Initial Audit

  •  (1) An air operator shall ensure that an initial audit of its fatigue risk management system is conducted after validation of the safety case in accordance with the process established under subsection 700.219(1).

  • (2) The air operator shall analyze the findings of the audit and shall, if deficiencies are identified,

    • (a) investigate and analyze their cause and contributing factors; and

    • (b) develop and implement preventive measures and corrective actions to address the findings.

  • (3) The air operator shall assess the preventive measures and corrective actions to ensure that they are effective and are used on an ongoing basis to improve the fatigue risk management system.

  • (4) Subsection (1) does not apply if the air operator has already implemented a fatigue risk management system and validates a safety case for a subsequent variance for the purposes of an exemption referred to in subsection 700.234(1) or uses an approved safety case in respect of another flight for the purposes of an exemption referred to in subsection 700.240(1) if an audit has already been conducted.

  • SOR/2018-269, s. 13

Submission of Safety Case for Approval

 The air operator shall submit the validated safety case to the Minister for approval along with a statement that the initial audit has been conducted in accordance with section 700.231 and that the fatigue risk management system meets the requirements of this Division.

  • SOR/2018-269, s. 13

Approval of the Safety Case

 The Minister shall approve the safety case of an air operator if the Minister determines, on the basis of the information provided by the operator, that the conditions of subsection 700.225(3) are met and that the initial audit has been conducted.

  • SOR/2018-269, s. 13

Continuing Exemption

  •  (1) An air operator and a flight crew member who are exempt under section 700.200 from the application of certain provisions in respect of a flight continue, on receipt of the approval of the safety case by the air operator, to be exempt from the application of the same provisions for that flight and, if applicable, for any other flight described in the notice of intent under section 700.206.

  • (2) The exemption referred to in subsection (1) continues to have effect as long as

    • (a) the air operator maintains the fatigue risk management system in accordance with the applicable conditions of this Division;

    • (b) the air operator monitors the effectiveness of the safety case in managing the fatigue and alertness of the flight crew members in accordance with section 700.248; and

    • (c) the air operator remedies any adverse effects of the variance on the flight crew members’ levels of fatigue and alertness no later than 60 days after the date on which the adverse effect is identified in the course of monitoring.

  • SOR/2018-269, s. 13

[700.235 to 700.239 reserved]

Exemption for Other Flights

  •  (1) An air operator and flight crew members who are exempt under section 700.234 from the application of certain provisions in respect of a flight on the basis of an approved safety case are exempt from the application of the same provisions, on the basis of the same approved safety case, in respect of another flight if

    • (a) the air operator has provided the Minister a letter of confirmation in accordance with subsection (2);

    • (b) the duration of the flight duty period for the other flight is not longer than the duration of the flight duty period of the flight;

    • (c) the number of consecutive flight duty periods for the other flight does not exceed the number of consecutive flight duty periods for the flight;

    • (d) each flight duty period for the other flight starts within 60 minutes of each corresponding flight duty period for the flight;

    • (e) the other flight is conducted in the same time zone or across the same number of time zones in the same direction as the flight and is conducted by flight crew members who are all acclimatized to the same time zone;

    • (f) any part of the flight duty period for the other flight that occurs within the flight crew members’ window of circadian low does not exceed the duration of the flight duty period for the flight that occurs within the flight crew members’ window of circadian low;

    • (g) the other flight is conducted using aircraft of the same type as that used to conduct the flight;

    • (h) the other flight is conducted with the same number of flight crew members on board as the flight;

    • (i) the operating environment of the other flight is similar to the operating environment of the flight;

    • (j) the hazards and risks associated with the other flight are similar to those of the flight;

    • (k) the duration of each rest period before and after each flight duty period associated with the other flight is not shorter than each rest period associated with the flight;

    • (l) the time of day of each rest period of the other flight is similar to the time of day of each rest period of the flight; and

    • (m) the number of consecutive flight duty periods occurring during any part of each flight crew member’s window of circadian low for the other flight does not exceed the number of such consecutive flight duty periods for the flight.

  • (2) The air operator shall provide the Minister a letter of confirmation for the other flight that will be conducted under an exemption referred to in subsection (1) that sets out

    • (a) a description of the other flight that will be subject to the exemption on the basis of the approved safety case;

    • (b) the provisions of these Regulations from which the air operator and flight crew members will be exempt in respect of the other flight;

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

    • (d) a statement that the conditions in paragraphs (1)(a) to (m) are met; and

    • (e) the date on which the exemption will apply to the other flight for the first time.

  • (3) An approved safety case in respect of a flight shall not be used for another flight unless

    • (a) the provisions of these Regulations from which the air operator is exempted are the same for all the flights; and

    • (b) the manner in which the flights are conducted results in a variance from the requirements of the provisions referred to in paragraph (a) is the same for all the flights.

  • (4) The exemption referred to in subsection (1) continues to have effect as long as

    • (a) the air operator maintains the fatigue risk management system in accordance with the applicable conditions of this Division;

    • (b) the air operator monitors the effectiveness of the safety case in managing the fatigue and alertness of the flight crew members in accordance with section 700.248; and

    • (c) the air operator remedies any adverse effects of the variance on the flight crew members’ levels of fatigue and alertness no later than 60 days after the date on which the adverse effect is identified in the course of monitoring.

  • SOR/2018-269, s. 13
 
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