Flight and Duty Time Regulations
Location: National
Issue/Source: Upcoming Consultation on Flight and Duty Time Regulations / TRAN
Date: March 2024
Suggested Responses:
- Transport Canada (TC) promulgated regulations for flight and duty time in 2018 to provide a higher level of aviation safety, with a two-step coming into force; however, the department recognizes the challenges and concerns that are being raised by all industry members since implementation.
- Transport Canada recognizes that smaller air operators are finding it difficult to meet certain prescriptive requirements in the flight duty time regulations due to the shift work nature of their operations, the unpredictability of flight times, inclement weather, and the timing of cargo delivery to remote communities. Similarly, the existing Fatigue Risk Management process under the regulations is not optimally suited to these operators with on-demand services.
- Transport Canada is committed to working with industry to identify and understand the key issues and consider opportunities to improve the fatigue risk management system while continuing to maintain aviation safety. As part of the commitment, the department plans to publish a consultation document through the Canadian Aviation Regulation Advisory Council in the coming weeks to set the stage for a renewed discussion on this important file.
- This will give the opportunity for provinces, territories, professional pilots, pilot representatives and air operators alike to engage in a dialogue with TC in an open and transparent manner. More details will be shared through the Civil Aviation Regulation Advisory Council as they become available.
If Pressed
- Since 2010, TC has conducted extensive consultations with air operators, associations, pilot unions, and pilots for these new regulation changes.
- These consultations were conducted in various settings including joint working groups, face-to-face meetings, online notices, conference calls, technical briefings, and correspondence. Transport Canada officials continue to make themselves available to work with operators on suitable alternate plans.
- The Department recognizes the challenges that industry is currently facing and would like re-open the conversation to look for areas of improvement while still maintaining aviation safety.
- The upcoming consultation will be open for 60 days. Following this, the department will determine next steps, such as holding thematic focus groups regarding the comments and issues received during this consultation period, potential working groups, areas requiring further analysis, white papers, and so on.
Background Information
- Transport Canada’s new requirements are based on the reality that all pilots experience the detrimental effects of fatigue, irrespective of the operations they are conducting. The requirements are flexible and can suit various operational requirements.
- The Flight Duty Time Regulations were developed in response to a Transportation Safety Board Watchlist Item that identified fatigue in flight crew (pilots) as a significant safety risk. They were published in 2018.
- Transport Canada has received feedback from operators expressing concerns with the new regulations, including how their proposed Fatigue Risk Management System will be evaluated, approved, and enforced. Transport Canada will address these concerns by identifying best practices for developing fatigue risk management system models.