Exemption from subsections 703.98(4), 704.115(4) and 705.124(4) of the Canadian Aviation Regulations

NCR-039-2018

Pursuant to subsection 5.9(2) of the Aeronautics Act, and after having determined that the exemption is in the public interest and is not likely to adversely affect aviation safety or security, I hereby exempt air operators operating pursuant to Subpart 703, 704 or 705 of the Canadian Aviation Regulations (CARs) from the requirements set out in subsections 703.98(4), 704.115(4) and 705.124(4) of the CARs, as the case may be.

Subsections 703.98(4), 704.115(4) and 705.124(4) state that an air operator shall have a fatigue management training program for its flight crew members.

Purpose

The purpose of this exemption is to delay the coming into force of subsections 703.98(4) and 704.115(4) to December 12, 2022, and the coming into force of subsection 705.124(4) to December 12, 2020. This delayed implementation aligns with the coming into force of the Regulations Amending the Canadian Aviation Regulations (Parts I, VI and VII — Flight Crew Member Hours of Work and Rest Periods), which were published in Part II of the Canada Gazette,on December 12, 2018.

Application

This exemption applies to air operators operating pursuant to Subpart 703, 704 or 705 of the CARs, as the case may be.

Validity

Unless this exemption is cancelled in writing by the Minister where he is of the opinion that it is no longer in the public interest or is likely to adversely affect aviation safety or security, this exemption is in effect until:

  1. a) December 12, 2020, at 23:59 (EST), for air operators operating pursuant to Subpart 705 of the CARs; and
  2. b) December 12, 2022, at 23:59 (EST), for air operators operating pursuant to Subpart 703 and 704 of the CARs.

Dated at Ottawa, Ontario, on this 17th day of December, 2018, on behalf of the Minister of Transport.

“Original signed by”

Nicholas Robinson
Director General, Civil Aviation

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