Exemptions — Fatigue Risk Management System

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New Version:

(1) Subject to subsections (3) and (4), an air operator and flight crew members to whom sections 700.20 to 700.72 or 700.101 to 700.135 apply are exempt, in respect of a flight, from the application of the provisions set out in the notice of intent referred to in section 700.206, if

(a) the air operator has sent to the Minister a notice of intent that complies with the requirements of section 700.206;

(b) the air operator has established and implemented the following components of the fatigue risk management system, referred to in subsection 700.214(1):

(i) the fatigue risk management plan, and

(ii) the fatigue risk management process; and

(c) starting on the date on which the flight is first conducted under the exemption in this subsection and ending when the exemption no longer applies, the air operator notifies the Minister that the analysis required by paragraph 700.225(2)(g) is available to the Minister for review

(i) every 90 days, or

(ii) if the period during which the flight is conducted is shorter than 90 days, at the end of the period.

(2) Subject to subsections (3) and (5), an air operator and flight crew members to whom sections 702.91 to 702.98 apply are exempt, in respect of a flight, from the application of the provisions set out in the notice of intent referred to in section 700.206, if

(a) the air operator has sent to the Minister a notice of intent that complies with the requirements of section 700.206;

(b) the air operator has established and implemented the following components of the fatigue risk management system, referred to in subsection 700.214(1):

(i) the fatigue risk management plan, and

(ii) the fatigue risk management process; and

(c) starting on the date on which the flight is first conducted under the exemption in this subsection and ending when the exemption no longer applies, the air operator notifies the Minister that the analysis required by paragraph 700.225(2)(g) is available to the Minister for review

(i) every 90 days, or

(ii) if the period during which the flight is conducted is shorter than 90 days, at the end of the period.

(3) The exemptions referred to in subsections (1) and (2) continue to apply in respect of a flight as long as the air operator demonstrates compliance with the requirements of sections 700.213 to 700.225 but cease to apply, in respect of that flight, on the earlier of

(a) the date on which the exemption referred to in section 700.234 comes into effect with respect to the same provisions and for the same flight, and

(b) three years after the date on which the notice of intent was sent.

(4) The exemption referred to in subsection (1) may be in respect of any of the requirements set out in sections 700.27 to 700.72 except for the requirements set out in the following provisions:

(a) paragraph 700.27(1)(c);

(b) paragraph 700.29(1)(a);

(c) section 700.36;

(d) section 700.37; and

(e) paragraph 700.103(1)(e).

(5) The exemption referred to in subsection (2) may be in respect of any of the requirements set out in sections 702.92 to 702.98 except for the requirements set out in paragraph 702.92(1)(a).

Series of Flights

700.201 In this Division, a reference to a flight is also a reference to a series of flights if

(a) the flights in the series of flights are consecutive and are conducted by the same flight crew members; and

(b) the flight crew members operate the flights during a single flight duty period or consecutive flight duty periods.

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New Version:

In this Division, a reference to a flight is also a reference to a series of flights if

(a) the flights in the series of flights are consecutive and are conducted by the same flight crew members; and

(b) the flight crew members operate the flights during a single flight duty period or consecutive flight duty periods.

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New Version:

(1) An air operator shall send a notice of intent to the Minister that includes

(a) a statement that the air operator has established and implemented a fatigue risk management plan and a fatigue risk management process — and maintains the fatigue risk management plan and the fatigue risk management process — and intends to establish, implement and maintain a program for fatigue risk management promotion and a quality assurance program for the fatigue risk management system in accordance with this Division;

(b) a description of the flight that will be subject to an exemption referred to in section 700.200;

(c) the provisions of these Regulations from which the air operator and flight crew members will be exempt;

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

(e) the scientific studies used to demonstrate that the variance referred to in paragraph (d) is not likely to have an adverse effect on the levels of fatigue and alertness of flight crew members;

(f) the expected day on which the exemption referred to in section 700.200 will first apply to the flight and, in the case of a flight that is not conducted year-round, the expected period during which the exemption referred to in that section will apply to the flight;

(g) a description of the safety case that will be developed for the flight;

(h) a statement that the air operator intends to validate a safety case in accordance with subsection 700.225(3) and to ensure that an initial audit is conducted under subsection 700.231(1); and

(i) the name and contact information of the person who will be responsible for implementing the fatigue risk management system.

(2) The air operator may include in the notice of intent more than one flight if

(a) the duration of the flight duty period is the same for all flights;

(b) all flights have the same number of consecutive flight duty periods;

(c) the flight duty periods for the flights start within 60 minutes of each other;

(d) the duration of any part of a flight duty period that occurs within the flight crew members’ window of circadian low is the same for all flights;

(e) all flights have the same number of consecutive flight duty periods that occur during any part of the flight crew members’ window of circadian low;

(f) the duration of the rest period before and after each flight duty period is the same for all flights;

(g) the time of day during which each rest period is taken is similar for all flights;

(h) the flights are conducted in the same time zone or across the same number of time zones in the same direction by flight crew members who are all acclimatized to the same time zone;

(i) the flights are conducted with the same aircraft type;

(j) the flights are conducted with the same number of flight crew members;

(k) the operating environments are similar for all flights; and

(l) the hazards and risks are similar for all flights.

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New Version:

Despite subsection 700.200(3), the initial exemption ceases to apply in respect of a flight if the analysis referred to in paragraph 700.200(1)(c) or (2)(c) does not show any progress in the development of the operator’s safety case.

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New Version:

(1) An air operator shall establish and implement a fatigue risk management system.

(2) The operations manager appointed under paragraph 700.09(1)(a) shall ensure that the fatigue risk management system complies with the requirements of this Division.

(3) The operations manager shall, when a finding resulting from the quality assurance program for the fatigue risk management system referred to in section 700.219 is reported to them,

(a) determine what, if any, corrective actions are required and take those actions; and

(b) notify the accountable executive of any systemic deficiency and of the corrective action taken.

(4) The operations manager may assign the management functions for the fatigue risk management system to another person.

(5) The responsibility of the operations manager is not affected by the assignment of management functions to another person under subsection (4).

(6) If the operations manager assigns the management functions for the fatigue risk management system to another person under subsection (4), that other person shall report to the operations manager the fatigue-related hazards, risks and incidents identified under the fatigue risk management system.

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New Version:

(1) An air operator shall have a fatigue risk management system that includes

(a) a fatigue risk management plan;

(b) a fatigue risk management process;

(c) a program for fatigue risk management promotion; and

(d) a quality assurance program for the fatigue risk management system.

(2) The air operator shall take into account, when establishing the fatigue risk management system, all of the duties performed in the operations of the air operator by flight crew members who are assigned duties on a flight that is the subject of an exemption under this Division.

(3) The air operator shall update its fatigue risk management system if

(a) there is a change in the size and scope of its operations;

(b) any action is taken as a result of an audit of the fatigue risk management system conducted under subsection 700.231(1) or section 700.247;

(c) the air operator’s validation of the safety case in accordance with subsection 700.225(3) establishes that there is an increase in the level of fatigue or a decrease in the level of alertness of flight crew members; or

(d) a data analysis conducted in accordance with the process referred to in subsection 700.216(2) indicates that flight crew members are subject to an increase in their level of fatigue or a decrease in their level of alertness.

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New Version:

The air operator’s fatigue risk management plan shall include

(a) a fatigue risk management policy — signed by the accountable executive — that establishes the shared responsibility of the air operator and flight crew members in managing fatigue;

(b) safety objectives, including the identification and reduction of fatigue-related hazards and the effective management of fatigue in flight operations;

(c) safety performance indicators to measure the attainment of the safety objectives;

(d) defined responsibilities in relation to fatigue management for

(i) the air operator’s managers,

(ii) the persons managing the fatigue risk management system, and

(iii) other employees;

(e) a training plan that identifies the content of the initial and annual training;

(f) a plan for communicating the information referred to in paragraphs 700.218(4)(a) to (f) to flight crew members; and

(g) a policy for the internal reporting of fatigue by flight crew members, without fear of reprisal.

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New Version:

(1) The air operator’s fatigue risk management process shall include procedures for

(a) the internal reporting of fatigue by flight crew members;

(b) acknowledging in writing, to flight crew members, receipt of each fatigue report and advising of any follow-up action;

(c) collecting information to identify fatigue-related hazards, including

(i) flight crew member performance data,

(ii) accident and incident information,

(iii) data from work schedules,

(iv) data from comparisons of planned schedules in relation to time worked, and

(v) data from a review of operational or administrative duties;

(d) developing a list of the safety data and scientific studies used in support of the processes that form part of the fatigue risk management system;

(e) managing the data and information referred to in this subsection;

(f) identifying and assessing the levels of fatigue and alertness through modelling with respect to flight crew members’ schedules; and

(g) analyzing planned schedules in relation to time worked in order to assess whether fatigue is being managed.

(2) The air operator’s fatigue risk assessment process shall be based on the information referred to in subsection (1) and shall include procedures for

(a) identifying the cause of fatigue-related hazards;

(b) assessing the likelihood that a fatigue-related event will occur and the severity of its consequences;

(c) identifying and prioritizing the risks that need to be managed;

(d) creating and updating a record of the risks that are identified;

(e) determining the actions to be taken to manage the risks referred to in paragraph (c), including the preventive measures or corrective actions; and

(f) developing safety performance indicators to measure the effectiveness of the measures and actions taken under paragraph (e).

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New Version:

The air operator shall have a process to collaborate with employees in the development of the policy and procedure for the internal reporting of fatigue.

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New Version:

(1) In the case of an air operator to whom sections 700.20 to 700.72 or 700.101 to 700.135 apply, its program for fatigue risk management promotion shall include training for its employees on the following subjects:

(a) the components and functioning of the fatigue risk management system and the employees’ responsibilities with respect to the system;

(b) the actions to be taken with respect to fatigue-related risks; and

(c) the requirements of these Regulations with respect to fatigue management.

(2) In the case of an air operator to whom sections 702.91 to 702.98 apply, its program for fatigue risk management promotion shall include training for its employees on the following subjects:

(a) the components and functioning of the fatigue risk management system and the employees’ responsibilities with respect to the system;

(b) the actions to be taken with respect to fatigue-related risks;

(c) the requirements of these Regulations with respect to fatigue management;

(d) personal fatigue management strategies relating to

(i) sleep hygiene,

(ii) lifestyle, exercise and diet, and

(iii) the consumption of alcohol and drugs;

(e) the impact of fatigue on aviation safety;

(f) sleep requirements and the science relating to fatigue;

(g) the causes and consequences of fatigue;

(h) how to recognize fatigue in themselves and in others;

(i) sleep disorders, their impact on aviation safety and treatment options; and

(j) human and organizational factors that may cause fatigue, including

(i) sleep quality and duration,

(ii) the effect of shift work and overtime,

(iii) the circadian rhythm, and

(iv) the effects of changes of time zones.

(3) The programs set out in subsections (1) and (2) shall include

(a) competency-based training for persons who have been assigned duties in respect of the fatigue risk management system; and

(b) means of measuring the level of competency attained by each person who receives the training.

(4) For the purposes of promoting fatigue risk management, an air operator shall have a procedure for communicating the following information to its employees:

(a) industry reports on fatigue;

(b) industry best practices in respect of fatigue risk management;

(c) advancements in the science relating to fatigue;

(d) the results of the data analysis conducted in accordance with the process referred to in subsection 700.216(2);

(e) updates to the fatigue risk management system; and

(f) the results of the review of the fatigue risk management system.

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New Version:

(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.

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New Version:

(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.

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New Version:

(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

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New Version:

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.

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New Version:

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.

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New Version:

(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.

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New Version:

(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.

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New Version:

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.

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New Version:

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.

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New Version:

(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.

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New Version:

(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.

CARs Link - Division III, IV, V, & VI of Part VII is completely replaced with new material (700.19-700.259). Older CARs references may not have any relevance to the new content.

Effective December 12, 2020 - 705

Effective December 12, 2022 - 703, 704

New Version:

(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.

CARs Link - Division III, IV, V, & VI of Part VII is completely replaced with new material (700.19-700.259). Older CARs references may not have any relevance to the new content.

Effective December 12, 2020 - 705

Effective December 12, 2022 - 703, 704

New Version:

(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.

CARs Link - Division III, IV, V, & VI of Part VII is completely replaced with new material (700.19-700.259). Older CARs references may not have any relevance to the new content.

Effective December 12, 2020 - 705

Effective December 12, 2022 - 703, 704

New Version:

(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.

CARs Link - Division III, IV, V, & VI of Part VII is completely replaced with new material (700.19-700.259). Older CARs references may not have any relevance to the new content.

Effective December 12, 2020 - 705

Effective December 12, 2022 - 703, 704

New Version:

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.

CARs Link - Division III, IV, V, & VI of Part VII is completely replaced with new material (700.19-700.259). Older CARs references may not have any relevance to the new content.

Effective December 12, 2020 - 705

Effective December 12, 2022 - 703, 704

New Version:

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