Pursuant to subsection 5.9(2) of the Aeronautics Act, and after taking into account that the exemption is in the public interest and is not likely to affect aviation safety, I hereby exempt Air Canada, PO Box 14000, Station Airport, Dorval, Quebec, H4Y 1H4 from the requirements of paragraph 720.16(3)(b) of the Commercial Air Service Standards (CASS) made pursuant to paragraph 700.16(7)(b) of the Canadian Aviation Regulations (CARs), subject to the conditions stipulated herein.

The details of the above provisions are attached at Appendix A to this exemption.


The purpose of this exemption is to allow Air Canada to operate long range flights where flight crew duty time exceeds 17 consecutive hours but does not exceed 20 consecutive hours in long range aircraft equipped with Flight Relief Facility – Bunks which do not meet the full requirements of the Society of Automotive Engineers (SAE) Aerospace Recommended Practices (ARP) 4101/3, Crew Rest Facilities, used in conjunction with ARP 4101, Flight Deck Layout and Facilities (Attached at Appendix A).


This exemption applies to Air Canada when operating Airbus A340 and Boeing B767 aircraft pursuant to subpart 705 of the CARs on long range flights where planned flight duty times will exceed 17 consecutive hours but will not exceed 20 consecutive hours, which are equipped with flight relief facility – bunks which do not comply with CASS 720.16(3)(b). This exemption applies only to those A340 and B767 aircraft which are part of the Air Canada fleet prior to December 1, 2005.


1.         This exemption is subject to the following conditions:

  1. the flight crew shall be augmented by two flight crew members who are fully qualified as a pilot-in-command, second-in-command or cruise relief pilots, in accordance with CAR 705.106;
  2. the division of duty and rest shall be balanced between the flight crew members;
  3. flight relief facilities shall be provided as follows:
    1. A340 - one serviceable lower bunk as currently installed, and one serviceable executive class seat, and
    2. B767 - one serviceable bunk as currently installed, and one serviceable executive class seat;
  4. flight deck duty time for any flight crew member shall not exceed 10 hours;
  5. a maximum of 3 completed sectors shall not be exceeded; and
  6. the subsequent minimum rest period shall be at least equal to the length of the preceding duty time.

2.         Air Canada also shall develop and implement, subject to Transport Canada approval, a comprehensive fatigue management program for flight crew members involved in such long range flights, to include procedures for the effective reduction of unnecessary noise in the immediate vicinity of the existing flight relief facility – bunks, and which addresses at least the following areas:

  1. training of Air Canada personnel, including management, involved in such long range operations;
  2. standby activation (fulfillment of pre-flight rest requirements for flight crew(s) assigned from reserve status to such long range operations);
  3. delays and disruptions, go/no-go guidance;
  4. access to reclining seating for non-sleeping inflight rest;
  5. preflight, inflight and recuperative period rest planning; and
  6. maximum monthly flight time and minimum monthly scheduled time off.


This exemption comes into effect on December 1st, 2005 at 23:59 EST and is in effect until the earliest of the following:

  1. November 30th, 2007 at 23:59 EST;
  2. the date on which any condition set out in this exemption is breached;
  3. the date on which an amendment to the appropriate provisions of the Canadian Aviation Regulations or related standards comes into effect; or  
  4. the date on which this exemption is canceled in writing by the Minister where he is of the opinion that it is no longer in the public interest, or that it is likely to affect aviation safety.

Dated at Ottawa, Ontario, Canada this 18th day of November 2005, on behalf of the Minister of Transport.

Franz Reinhardt (for)

Merlin Preuss
Director General
Civil Aviation


700.16(7) An air operator may assign a flight crew member for flight duty time, and a flight crew member may accept such an assignment, where the flight crew member's flight duty time will, as a result, exceed the flight duty time referred to in subsection (1) if…
(b) the air operator and the flight crew member comply with the Commercial Air Service Standards.

720.01… “flight relief facility – bunk” - means a bunk that meets the Society of Automotive Engineers (SAE) Aerospace Recommended Practice (ARP) 4101/3, Crew Rest Facilities, used in conjunction with ARP 4101, Flight Deck Layout and Facilities.

720.16(3) Where a flight crew is augmented by the addition of at least one flight crew member, the division of duty and rest is balanced between the flight crew members and a flight relief facility is provided, flight duty time may be extended if: …

(b) where a flight relief facility - bunk is provided, the flight duty time may be extended to 20 consecutive hours, in which case the maximum flight deck duty time for any flight crew member shall be 14 hours.

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