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Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2021-11-17 and last amended on 2021-07-07. 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
]

Long-range Flights

 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 occurs within the member’s window of circadian low and includes a flight that follows a scheduled flight of more than seven hours.

Ultra Long-range Flights

  •  (1) An air operator shall not assign a flight duty period of more than 18 hours to a flight crew member and a member shall not accept such an assignment.

  • (2) An air operator shall not assign a flight crew member to a flight with a scheduled flight time of more than 16 hours, and a member shall not accept such an assignment.

Unforeseen Operational Circumstances — Flight Duty Period and Rest Period

  •  (1) If the pilot-in-command is of the opinion that an unforeseen operational circumstance that occurs within 60 minutes of the beginning of the flight duty period could lead to a level of fatigue that may adversely affect the safety of the flight, the pilot-in-command may, after consulting with all crew members on their level of fatigue,

    • (a) reduce a flight crew member’s flight duty period;

    • (b) extend a flight crew member’s flight duty period by the following number of hours in excess of the maximum flight duty period set out in section 700.28 or subsection 700.60(1) by

      • (i) one hour for a single-pilot operation,

      • (ii) two hours, if the flight crew is not augmented,

      • (iii) three hours, if the flight crew is augmented and there is one flight during the scheduled flight duty period, and

      • (iv) two hours, if the flight crew is augmented and there are two or three flights during the scheduled flight duty period; or

    • (c) extend a flight crew member’s rest period.

  • (2) If a further unforeseen operational circumstance arises after take-off on the final flight for which the maximum flight duty period was extended under subsection (1), the pilot-in-command may, despite that subsection, continue the flight to the destination aerodrome or to an alternate aerodrome.

  • (3) An air operator shall extend the rest period after a flight duty period is extended under this section by an amount of time that is at least equal to the extension of the flight duty period.

  • (4) At the end of a flight duty period, the pilot-in-command shall notify the air operator of any change to a flight duty period made under this section.

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.

[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.

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.

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.

[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.

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.

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 or maximum flight duty period 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 a flight crew member for flight time, and a flight crew member shall not accept such an assignment, if the member’s total flight time will, as a result, exceed

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

    • (b) if the flight is conducted under Subpart 3, or is conducted using a helicopter, 60 hours in any 7 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) 300 hours in any 90 consecutive days;

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

    • (f) 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

 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 14 hours.

[700.105 to 700.115 reserved]

Rest Period — General

  •  (1) An air operator shall provide a flight crew member, at the end of a flight duty period, with a rest period of 10 hours plus the travel time to and from the place where the rest period is taken.

  • (2) An air operator shall provide a flight crew member with advance notice of the member’s rest period and its duration.

Rest Period — Positioning

 If a flight crew member is required by the air operator to travel for the purpose of positioning after the completion of a flight duty period, the air operator shall provide the flight crew member with an additional rest period at least equal to one-half the time spent travelling that is in excess of the flight crew member’s maximum flight duty period.

 
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