EXEMPTION FROM PARAGRAPHS 700.15(1) (b), (c) AND (d) AND 700.19(1)(a) OF THE CANADIAN AVIATION REGULATIONS

From: Transport Canada

EXEMPTION FROM PARAGRAPHS 700.15(1) (b), (c) AND (d) AND 700.19(1)(a) OF THE CANADIAN AVIATION REGULATIONS

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 operators and flight crew members conducting on-demand non-scheduled air transport services under Subpart 704 or 705 of the Canadian Aviation Regulations (CARs), from the application of paragraphs 700.15(1)(b), (c) and (d) and 700.19(1)(a) of the CARs, in accordance with the purpose and application of this exemption and subject to the following conditions.

Paragraphs 700.15(1)(b), (c) and (d) of the CARs require that no air operator shall assign a flight crew member for flight time, and no flight crew member shall accept such an assignment, if the flight crew member’s total flight time in all flights conducted by the flight crew member will, as a result, exceed 300 hours in any 90 consecutive days; 120 hours in any 30 consecutive days; or where the flight is conducted under Subpart 704 or 705 of the CARs using an aircraft other than a helicopter, 40 hours in any 7 consecutive days.

Paragraph 700.19(1)(a) of the CARs requires that, where an operation is conducted under Subpart 704 or 705 of the CARs using an aircraft other than a helicopter, the air operator shall provide each flight crew member with time free from duty of one period of at least 36 consecutive hours within each 7 consecutive days or one period of at least 3 consecutive calendar days within each 17 consecutive days.

Purpose

The purpose of this exemption is to:

  • provide more flexibility to the air operators and flight crew members conducting on-demand non-scheduled air transport services under Subpart 704 or 705 of the CARs when no other pilot is available. This exemption will allow an increase of hours above the flight time limitations of paragraphs 700.15(1)(b), (c) and (d) of the CARs, as set out in the conditions of this exemption. These limits can only be extended for on-demand non scheduled flight time that occur after the pilot has reached the limit of the CAR;
  • This exemption is also intended to allow these air operators to use, in addition to the two scheduling schemes described under paragraph 700.19(1)(a) of the CARs, a scheduling scheme of one period of at least 48 consecutive hours of time free from duty within each 12 consecutive days.   
  • This exemption will enable air operators and flight crew members conducting on-demand non-scheduled air transport services under Subpart 704 or 705 of the CARs to better meet the variable and unpredictable demands associated with this type of operation.

APPLICATION

This exemption applies to air operators and flight crew members when additional flight time assignment or acceptance would cause the flight crew member to exceed the flight time limitations set out in paragraphs 700.15(1)(b), (c) and (d) of the CARs for the sole purpose of conducting on-demand non-scheduled air transport services under Subpart 704 or 705 of the CARs, using an aircraft other than a helicopter.

This exemption does not apply to flight crew members on call.

CONDITIONS

This exemption is subject to all of the following conditions:

  1. Exceeding the flight time limitations, as set out in paragraphs 700.15(1)(b)(c) and (d) of the CARs, and following a scheduling scheme of one period of at least 48 consecutive hours of time free from duty within each 12 consecutive days shall only be permitted during the following time periods:

00:01 EDT on May 1, 2008 to 24:00 EDT on September 30, 2008; and
00:01 EDT on May 1, 2009 to 24:00 EDT on September 30, 2009.

  1. The flight time limitations as set out in paragraphs 700.15(1)(b), (c) and (d) of the CARs shall not be exceeded by air operators and flight crew members conducting scheduled air transport services. 
  2. The air operator shall be able to demonstrate that there was no other flight crew member, who had not reached the CAR flight time limitations, available to fly the on-demand non-scheduled flight;
  3.  The air operator shall not assign and flight crew members shall not accept flight time which exceeds:
    1. 360 hours in any 90 consecutive days;
    2. 135 hours in any 30 consecutive days; or
    3. 45 hours in any 7 consecutive days;
  4.  The air operator shall provide each flight crew member with time free from duty according to one of the following options:
    1. One period of at least 36 consecutive hours within each 7 consecutive days;
    2. One period of at least 48 consecutive hours within each 12 consecutive days; or
    3. One period of at least 3 consecutive calendar days within each 17 consecutive days;
  5. Before an option as described under condition 5 is completed, an air operator may elect to change to another option provided that each duty day performed in the former option be considered a duty day performed in the new option and that the following conditions are met:
    1. a change can only be made to an option with a lesser number of total consecutive days provided the time free from duty requirements of the new option can be met at the time of the change; or
    2.  when a change is made to an option with a greater number of total consecutive days, the time free from duty requirement of the new option shall be completed before another change of option is made, except for a change from option (5) ii to option (5) iii where 3 consecutive calendar days of time free from duty shall be provided by the air operator to each flight crew member prior to the change;

VALIDITY

This exemption is in effect until the earliest of:

  1. September 30, 2009 at 24:00 (EDT);  
  2. The date on which any condition set out in this exemption is breached; or
  3. The date on which this exemption is cancelled in writing by the Minister where he is of the opinion it is no longer in the public interest or that it is likely to affect aviation safety.  

Dated at Ottawa, Ontario, Canada this 26thday of May, 2008 on behalf of the Minister of Transport, Infrastructure and Communities.

Original signed by Merlin Preuss on May 26, 2008

Merlin Preuss
Director General
Civil Aviation

1 For the purposes of this exemption, “on-demand non-scheduled air transport services” means those non-scheduled air transport services that are not forecast and that are contracted for on an ad hoc basis.

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