EXEMPTION FROM PARAGRAPH 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 conducting deployed operations within Canada pursuant to Subparts 704 or 705 of the Canadian Aviation Regulations (CARs), from the requirements set out in paragraph 700.19(1)(a) of the CARs, subject to the following conditions.

The requirements of paragraph 700.19(1)(a) are detailed in Appendix A to this exemption.

PURPOSE

The purpose of this exemption is to permit air operators conducting deployed operations within Canada, under Subparts 704 or 705, to provide each flight crew member with time free from duty of one period of at least 4 consecutive calendar days within each 19 consecutive days, instead of the current option contained in paragraph 700.19(1)(a) of one period of at least 3 consecutive calendar days within each 17 consecutive days. An amendment to the CARs is in progress.

APPLICATION

This exemption applies to air operators conducting deployed operations within Canada, using an aircraft other than a helicopter, pursuant to Subparts 704 or 705 of the CARs.

For the purpose of this exemption, "deployed operations," means daily operations conducted by an air operator from a sub-base located in Canada.

CONDITIONS

This exemption is subject to the following conditions:

1. The Canadian air operator shall provide each flight crew member with the following time free from duty:
   1. one period of at least 36 consecutive hours within each 7 consecutive days; or
   2. subject to condition (2) below, one period of at least 4 consecutive calendar days within each 19 consecutive days.
2. The air operator shall not provide a flight crew member with time free from duty of 4 consecutive calendar days within each 19 consecutive days, unless the flight crew member has been deployed to a sub-base for at least 10 consecutive days.

VALIDITY

This exemption is in effect until the earliest of the following:

1. EST 23:59, October 31 , 2005

;

The date on which an amendment to the appropriate provisions of the CARs comes into effect;

The date on which any of the conditions set out in this exemption is breached; or

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 is likely to affect aviation safety.

Dated

at Ottawa, Ontario, Canada, this 5^th day of May, on behalf of the Minister of Transport.

 

Original signed by Franz Reinhardt

For

Merlin Preuss
Director General
Civil Aviation

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APPENDIX A

Requirements for Time Free from Duty

700.19 (1)

Subject to subsection (2), an air operator shall provide each flight crew member with the following time free from duty:

1. where the operation is conducted under Subpart 4 or 5 using an aircraft other than a helicopter, 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;
2. where the operation is conducted under Subpart 2 or 3 or is conducted using a helicopter, one period of at least 24 consecutive hours 13 times within each 90 consecutive days and 3 times within each 30 consecutive days; and
3. where the flight crew member is a flight crew member on call, 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.

(2)

An air operator may provide a flight crew member with time free from duty other than as required by paragraphs (1)(a) and (b) if

1. the time free from duty is authorized in the air operator certificate; and
2. the air operator and the flight crew member comply with the Commercial Air Service Standards.

(3)

An air operator shall notify a flight crew member on call of the commencement and duration of the flight crew member's time free from duty.

Date de modification :

2004-05-3