Flight and Duty Time Regulations
703 and 704 Operators
Location: National
Issue/Source: Coming Into Effect Of Flight And Duty Time Regulations For 703 (Air Taxi) And 704 (Commuter) Operators
Date: January 10, 2023
Suggested responses:
- Since December 12, 2022, operators falling under subparts 703 (air taxi) and 704 (commuter) of the Canadian Aviation Regulations (CARs) are required to comply with new flight and duty time regulations to manage flight crew fatigue.
- The final regulation was published in 2018 and provided four years for air operators to prepare and ensure compliance .
- Under the amended regulations, 703 and 704 operators will have two choices: follow the prescriptive regulations or submit an alternate plan describing how a fatigue risk management system (FRMS) will be implemented, for Transport Canada’s approval.
- A fatigue risk management system allows air operators to put in place a tailored, performance-based approach to fatigue management, as long as the operator is able to provide the equivalent control of the risks posed by fatigue.
- This regulation addresses the important safety matter of fatigue in the transportation sector, wich has also been identified by the Transportation Safety Board on the Safety Watchlist.
- Recognizing the unique, critical role of medical evacuation flights (MEDEVAC), the new limitation do not apply for these operations.
If pressed:
- Since 2010, Transport Canada has conducted extensive consultations in regards to these new regulations with air operators, associations, pilot unions, and pilots. These consultations were conducted in various settings including joint working groups, face-to-face meetings, online notices, conference calls, technical briefings, and correspondence.
- A 4-year implementation period for Subpart 703 and 704 air operators was provided, and the amendments will came into force December 12, 2022.
BACKGROUND INFORMATION
- The Flight Duty Time regulations were developed in response to a Transportation Safety Board (TSB) Watchlist Item that identified fatigue in flight crew (pilots) as a significant safety risk. They were published in 2018. The Department’s new requirements are based on the reality that all pilots experience the detrimental effects of fatigue, irrespective of the type of operation they are conducting.
- The regulations are supported by the fact that the International Civil Aviation Organization (ICAO) has developed a Standard that includes the equivalent of Canada’s 703 (air taxi) 704 (commuter operations) and 705 (airline operators). Omitting any of these operators or excluding specific airlines within these groups would be contrary to the existing science, while creating a known and unmitigated gap that would put the safety of all Canadians at risk.
- Fatigue has the same impact on pilot performance, regardless of where their operations are. However, in developing the regulations, Transport Canada acknowledged and considered the concerns raised in regard to northern operators and the remote communities they serve. Transport Canada worked closely with northern operators to strike a balance to address safety concerns while minimizing the operational impacts.
- While respecting the available scientific evidence in regard to fatigue, the new requirements are flexible and can suit various operational requirements, including:
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- Staggered implementation dates: two (2) years for Subpart 705 (December 12, 2020) and four (4) years for Subpart 704 and 703 operators;
- New rules for medical evacuation flights (MEDEVAC) are mostly unchanged from the old rules; and
- The option to implement a Fatigue Risk Management System (FRMS) as an alternate approach to the prescribed regulations, which will allow any operator to put in place a tailored, evidence-based approach to fatigue management as long as it is able to provide the equivalent protection from the risks posed by fatigue.
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- Transport Canada has received queries from operators expressing concerns with the new regulations, including how their proposed FRMS will be evaluated, approved, and enforced. Transport Canada will provide assistance to operators, including those serving northern and remote communities, to identify best practices in developing fatigue risk management system models.