GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Aviation Regulations — 700.206
700.206 (1) An air operator shall send a notice of intent to the Minister that includes (a) a statement that the air operator has established and implemented a fatigue risk management plan and a fatigue risk management process — and maintains the fatigue risk management plan and the fatigue risk management process — and intends to establish, implement and maintain a program for fatigue risk management promotion and a quality assurance program for the fatigue risk management system in accordance with this Division; (b) a description of the flight that will be subject to an exemption referred to in section 700.200 ; (c) the provisions of these Regulations from which the air operator and flight crew members will be exempt; (d) a description of the manner in which the flight will be conducted results in a variance from the requirements of the provisions referred to in paragraph (c); (e) the scientific studies used to demonstrate that the variance referred to in paragraph (d) is not likely to have an adverse effect on the levels of fatigue and alertness of flight crew members; (f) the expected day on which the exemption referred to in section 700.200 will first apply to the flight and, in the case of a flight that is not conducted year-round, the expected period during which the exemption referred to in that section will apply to the flight; (g) a description of the safety case that will be developed for the flight; (h) a statement that the air operator intends to validate a safety case in accordance with subsection 700.225 (3) and to ensure that an initial audit is conducted under subsection 700.231 (1); and (i) the name and contact information of the person who will be responsible for implementing the fatigue risk management system. (2) The air operator may include in the notice of intent more than one flight if (a) the duration of the flight duty period is the same for all flights; (b) all flights have the same number of consecutive flight duty periods; (c) the flight duty periods for the flights start within 60 minutes of each other; (d) the duration of any part of a flight duty period that occurs within the flight crew members’ window of circadian low is the same for all flights; (e) all flights have the same number of consecutive flight duty periods that occur during any part of the flight crew members’ window of circadian low; (f) the duration of the rest period before and after each flight duty period is the same for all flights; (g) the time of day during which each rest period is taken is similar for all flights; (h) the flights are conducted in the same time zone or across the same number of time zones in the same direction by flight crew members who are all acclimatized to the same time zone; (i) the flights are conducted with the same aircraft type; (j) the flights are conducted with the same number of flight crew members; (k) the operating environments are similar for all flights; and (l) the hazards and risks are similar for all flights. SOR/2018-269, s. 13
Canadian Aviation Regulations — 700.207
700.207 Despite subsection 700.200 (3), the initial exemption ceases to apply in respect of a flight if the analysis referred to in paragraph 700.200 (1)(c) or (2)(c) does not show any progress in the development of the operator’s safety case. SOR/2018-269, s. 13
Canadian Aviation Regulations — 700.213
700.213 (1) An air operator shall establish and implement a fatigue risk management system. (2) The operations manager appointed under paragraph 700.09 (1)(a) shall ensure that the fatigue risk management system complies with the requirements of this Division. (3) The operations manager shall, when a finding resulting from the quality assurance program for the fatigue risk management system referred to in section 700.219 is reported to them, (a) determine what, if any, corrective actions are required and take those actions; and (b) notify the accountable executive of any systemic deficiency and of the corrective action taken. (4) The operations manager may assign the management functions for the fatigue risk management system to another person. (5) The responsibility of the operations manager is not affected by the assignment of management functions to another person under subsection (4). (6) If the operations manager assigns the management functions for the fatigue risk management system to another person under subsection (4), that other person shall report to the operations manager the fatigue-related hazards, risks and incidents identified under the fatigue risk management system. SOR/2018-269, s. 13
Canadian Aviation Regulations — 700.214
700.214 (1) An air operator shall have a fatigue risk management system that includes (a) a fatigue risk management plan; (b) a fatigue risk management process; (c) a program for fatigue risk management promotion; and (d) a quality assurance program for the fatigue risk management system. (2) The air operator shall take into account, when establishing the fatigue risk management system, all of the duties performed in the operations of the air operator by flight crew members who are assigned duties on a flight that is the subject of an exemption under this Division. (3) The air operator shall update its fatigue risk management system if (a) there is a change in the size and scope of its operations; (b) any action is taken as a result of an audit of the fatigue risk management system conducted under subsection 700.231 (1) or section 700.247 ; (c) the air operator’s validation of the safety case in accordance with subsection 700.225 (3) establishes that there is an increase in the level of fatigue or a decrease in the level of alertness of flight crew members; or (d) a data analysis conducted in accordance with the process referred to in subsection 700.216 (2) indicates that flight crew members are subject to an increase in their level of fatigue or a decrease in their level of alertness. SOR/2018-269, s. 13
Canadian Aviation Regulations — 700.215
700.215 The air operator’s fatigue risk management plan shall include (a) a fatigue risk management policy — signed by the accountable executive — that establishes the shared responsibility of the air operator and flight crew members in managing fatigue; (b) safety objectives, including the identification and reduction of fatigue-related hazards and the effective management of fatigue in flight operations; (c) safety performance indicators to measure the attainment of the safety objectives; (d) defined responsibilities in relation to fatigue management for (i) the air operator’s managers, (ii) the persons managing the fatigue risk management system, and (iii) other employees; (e) a training plan that identifies the content of the initial and annual training; (f) a plan for communicating the information referred to in paragraphs 700.218 (4)(a) to (f) to flight crew members; and (g) a policy for the internal reporting of fatigue by flight crew members, without fear of reprisal. SOR/2018-269, s. 13
Canadian Aviation Regulations — 700.216
700.216 (1) The air operator’s fatigue risk management process shall include procedures for (a) the internal reporting of fatigue by flight crew members; (b) acknowledging in writing, to flight crew members, receipt of each fatigue report and advising of any follow-up action; (c) collecting information to identify fatigue-related hazards, including (i) flight crew member performance data, (ii) accident and incident information, (iii) data from work schedules, (iv) data from comparisons of planned schedules in relation to time worked, and (v) data from a review of operational or administrative duties; (d) developing a list of the safety data and scientific studies used in support of the processes that form part of the fatigue risk management system; (e) managing the data and information referred to in this subsection; (f) identifying and assessing the levels of fatigue and alertness through modelling with respect to flight crew members’ schedules; and (g) analyzing planned schedules in relation to time worked in order to assess whether fatigue is being managed. (2) The air operator’s fatigue risk assessment process shall be based on the information referred to in subsection (1) and shall include procedures for (a) identifying the cause of fatigue-related hazards; (b) assessing the likelihood that a fatigue-related event will occur and the severity of its consequences; (c) identifying and prioritizing the risks that need to be managed; (d) creating and updating a record of the risks that are identified; (e) determining the actions to be taken to manage the risks referred to in paragraph (c), including the preventive measures or corrective actions; and (f) developing safety performance indicators to measure the effectiveness of the measures and actions taken under paragraph (e). SOR/2018-269, s. 13
Canadian Aviation Regulations — 700.217
700.217 The air operator shall have a process to collaborate with employees in the development of the policy and procedure for the internal reporting of fatigue. SOR/2018-269, s. 13
Canadian Aviation Regulations — 700.218
700.218 (1) In the case of an air operator to whom sections 700.20 to 700.72 or 700.101 to 700.135 apply, its program for fatigue risk management promotion shall include training for its employees on the following subjects: (a) the components and functioning of the fatigue risk management system and the employees’ responsibilities with respect to the system; (b) the actions to be taken with respect to fatigue-related risks; and (c) the requirements of these Regulations with respect to fatigue management. (2) In the case of an air operator to whom sections 702.91 to 702.98 apply, its program for fatigue risk management promotion shall include training for its employees on the following subjects: (a) the components and functioning of the fatigue risk management system and the employees’ responsibilities with respect to the system; (b) the actions to be taken with respect to fatigue-related risks; (c) the requirements of these Regulations with respect to fatigue management; (d) personal fatigue management strategies relating to (i) sleep hygiene, (ii) lifestyle, exercise and diet, and (iii) the consumption of alcohol and drugs; (e) the impact of fatigue on aviation safety; (f) sleep requirements and the science relating to fatigue; (g) the causes and consequences of fatigue; (h) how to recognize fatigue in themselves and in others; (i) sleep disorders, their impact on aviation safety and treatment options; and (j) human and organizational factors that may cause fatigue, including (i) sleep quality and duration, (ii) the effect of shift work and overtime, (iii) the circadian rhythm, and (iv) the effects of changes of time zones. (3) The programs set out in subsections (1) and (2) shall include (a) competency-based training for persons who have been assigned duties in respect of the fatigue risk management system; and (b) means of measuring the level of competency attained by each person who receives the training. (4) For the purposes of promoting fatigue risk management, an air operator shall have a procedure for communicating the following information to its employees: (a) industry reports on fatigue; (b) industry best practices in respect of fatigue risk management; (c) advancements in the science relating to fatigue; (d) the results of the data analysis conducted in accordance with the process referred to in subsection 700.216 (2); (e) updates to the fatigue risk management system; and (f) the results of the review of the fatigue risk management system. SOR/2018-269, s. 13
Canadian Aviation Regulations — 700.219
700.219 (1) The air operator’s quality assurance program for the fatigue risk management system shall include a process for the audit of the fatigue risk management system that includes procedures for (a) auditing the extent to which the air operator has implemented its fatigue risk management system, including (i) a checklist setting out all of the components of the air operator’s fatigue risk management system that are to be audited, and (ii) a plan establishing the frequency of the audits and the manner in which they will be conducted; (b) auditing the fatigue risk management system in the event of an accident or incident; (c) analyzing the findings of the audit and determining the contributing factors of those findings; (d) developing, implementing and monitoring preventive measures and corrective actions to address the findings of the audit; and (e) keeping and updating records, including the findings of the audit, the preventive measures and corrective actions to address those findings and any follow-up taken in respect of those measures and actions. (2) The air operator’s process for the periodic review of the effectiveness of its fatigue risk management system shall include procedures for the assessment of (a) the fatigue risk management process; (b) the reliability of the safety performance indicators; and (c) the attainment of the safety objectives. (3) An air operator shall have procedures for the ongoing monitoring of the effect of the variance described in the notice of intent on the flight crew members’ levels of fatigue and alertness. SOR/2018-269, s. 13
Canadian Aviation Regulations — 700.231
700.231 (1) An air operator shall ensure that an initial audit of its fatigue risk management system is conducted after validation of the safety case in accordance with the process established under subsection 700.219 (1). (2) The air operator shall analyze the findings of the audit and shall, if deficiencies are identified, (a) investigate and analyze their cause and contributing factors; and (b) develop and implement preventive measures and corrective actions to address the findings. (3) The air operator shall assess the preventive measures and corrective actions to ensure that they are effective and are used on an ongoing basis to improve the fatigue risk management system. (4) Subsection (1) does not apply if the air operator has already implemented a fatigue risk management system and validates a safety case for a subsequent variance for the purposes of an exemption referred to in subsection 700.234 (1) or uses an approved safety case in respect of another flight for the purposes of an exemption referred to in subsection 700.240 (1) if an audit has already been conducted. SOR/2018-269, s. 13
Canadian Aviation Regulations — 700.232
700.232 The air operator shall submit the validated safety case to the Minister for approval along with a statement that the initial audit has been conducted in accordance with section 700.231 and that the fatigue risk management system meets the requirements of this Division. SOR/2018-269, s. 13
Canadian Aviation Regulations — 700.233
700.233 The Minister shall approve the safety case of an air operator if the Minister determines, on the basis of the information provided by the operator, that the conditions of subsection 700.225 (3) are met and that the initial audit has been conducted. SOR/2018-269, s. 13
Canadian Aviation Regulations — 700.234
700.234 (1) An air operator and a flight crew member who are exempt under section 700.200 from the application of certain provisions in respect of a flight continue, on receipt of the approval of the safety case by the air operator, to be exempt from the application of the same provisions for that flight and, if applicable, for any other flight described in the notice of intent under section 700.206 . (2) The exemption referred to in subsection (1) continues to have effect as long as (a) the air operator maintains the fatigue risk management system in accordance with the applicable conditions of this Division; (b) the air operator monitors the effectiveness of the safety case in managing the fatigue and alertness of the flight crew members in accordance with section 700.248 ; and (c) the air operator remedies any adverse effects of the variance on the flight crew members’ levels of fatigue and alertness no later than 60 days after the date on which the adverse effect is identified in the course of monitoring. SOR/2018-269, s. 13
Canadian Aviation Regulations — 700.240
t crew members in accordance with section 700.248 ; and (c) the air operator remedies any adverse effects of the variance on the flight crew members’ levels of fatigue and alertness no later than 60 days after the date on which the adverse effect is identified in the course of monitoring. SOR/2018-269, s. 13
Canadian Aviation Regulations — 700.246
700.246 An air operator who was exempt from the application of provisions in respect of a flight under section 700.200 and who has not validated a safety case in the period set out in paragraph 700.200 (3)(b) shall not be exempted from the application of the same provisions and in respect of the same flight for a period of two years after the expiry of that period. SOR/2018-269, s. 13
Canadian Aviation Regulations — 700.247
700.247 The air operator who has implemented a fatigue risk management system in accordance with this Division shall ensure that an audit of its system is conducted, in accordance with the process referred to in subsection 700.219 (1), (a) within 12 months after the day on which the initial audit is completed under subsection 700.231 (1); (b) within 12 months after the day on which the previous audit was completed; (c) after an incident or accident; and (d) after a major change in the air operator’s activities that could affect the levels of fatigue or alertness of the flight crew members. SOR/2018-269, s. 13
Canadian Aviation Regulations — 700.248
700.248 (1) The air operator shall monitor, in accordance with the procedures referred to in subsection 700.219 (3), the effects of the variance described in the approved safety case on the flight crew members’ levels of fatigue and alertness for each period of six months during which the flight that is subject to the exemption referred to in section 700.234 is conducted. (2) The air operator shall collect data in respect of a representative number of flights conducted over each period of six months in accordance with the methodology set out in the approved safety case. (3) If the monitoring shows that the variance described in the approved safety case has an adverse effect on the flight crew members’ levels of fatigue or alertness, the air operator shall develop and take corrective actions to remedy the adverse effect of the variance. (4) If corrective actions are taken, the air operator shall assess their effectiveness. (5) If the corrective actions remedy the adverse effect of the variance, the air operator shall modify the safety case to take into account the corrective actions and inform the Minister of the modification within 60 days after it is made. SOR/2018-269, s. 13
Canadian Aviation Regulations — 700.249
700.249 (1) The air operator shall conduct a review of its fatigue risk management system, in accordance with the procedures referred to in subsection 700.219 (2), at least once every 12 months after the initial audit required by subsection 700.231 (1) is conducted. (2) The review of the fatigue risk management system shall assess (a) the fatigue risk management process; (b) the reliability of the safety performance indicators; and (c) the attainment of the safety objectives. (3) The air operator shall (a) determine what corrective actions are necessary to remedy any deficiency identified by the review and take those actions; (b) keep a record of any determination made under paragraph (a) and the reason for it; and (c) if the air operator has assigned management functions to another person, provide that person with a copy of the determination. (4) An air operator shall not assign a duty relating to the quality assurance program for the fatigue risk management system to a person who is responsible for carrying out a task or an activity evaluated by that program unless (a) owing to the size, nature and complexity of the air operator’s operations and activities, it is impractical to assign the duty to a person who is not responsible for carrying out the task or activity; (b) based on a risk analysis, assigning the duty to a person who is responsible for carrying out the task or activity will not result in an increased risk to aviation safety; and (c) the audit of the fatigue risk management system will not be compromised. SOR/2018-269, s. 13
Canadian Aviation Regulations — 700.255
700.255 (1) The air operator shall ensure that training is provided to its employees every 12 months and covers the subjects set out in section 700.218. (2) The air operator shall ensure that there is a training record that includes (a) a description of all the training that each employee has received in accordance with this section; and (b) evaluation results for each employee who has received training in accordance with this section. SOR/2018-269, s. 13
Canadian Aviation Regulations — 700.256
700.256 (1) The air operator shall ensure that the fatigue risk management system documentation reflects the procedures and processes that have been established and implemented. (2) The air operator shall notify the Minister of any changes to the fatigue risk management system within 60 days after the change is made. SOR/2018-269, s. 13
Canadian Aviation Regulations — 700.257
700.257 (1) The air operator shall collect data in respect of flight crew members on the following: (a) the fatigue model used to assess the levels of fatigue and alertness of the flight crew members; (b) records of testing for fatigue and alertness; (c) the evaluation of the level of fatigue against the baseline level established for comparative analysis. (2) The air operator shall keep the following documentation: (a) records and documents created in the course of conducting an audit or a review under this Division; and (b) any other material created under the fatigue risk management system. SOR/2018-269, s. 13
Canadian Aviation Regulations — 700.258
700.258 The air operator shall keep the information collected and created under this Division for five years after the day on which the information was collected or created. SOR/2018-269, s. 13
Canadian Aviation Regulations — 700.259
700.259 The air operator shall make available to the Minister on request any documentation that it is required to collect or create under this Division. SOR/2018-269, s. 13
Canadian Aviation Regulations — 701.01
701.01 This Subpart applies in respect of the operation in Canada of a foreign state aircraft or an aircraft operated by a foreign operator in an air transport service.
Canadian Aviation Regulations — 701.02
701.02 (1) Subject to subsections (2) and (3), no person shall operate an aircraft in Canada unless the person complies with the conditions in a Canadian foreign air operator certificate issued to that person by the Minister pursuant to section 701.07. (2) A person is not required to hold a Canadian foreign air operator certificate in order to conduct an overflight of Canada or to perform a technical landing in Canada unless the person operates the aircraft under section 701.19, 701.20 or 701.21. (3) A person is not required to hold a Canadian foreign air operator certificate in order to operate a foreign state aircraft in Canada.
Canadian Aviation Regulations — 701.03
701.03 (1) No person, other than the holder of a Canadian foreign air operator certificate, shall conduct an overflight of Canada or perform a technical landing in Canada unless the person is authorized to do so in a flight authorization issued by the Minister pursuant to section 701.10. (2) No person shall operate a foreign state aircraft in Canada unless the person is authorized to do so in a flight authorization issued by the Minister pursuant to section 701.10.
Canadian Aviation Regulations — 701.07
701.07 Subject to section 6.71 of the Act, the Minister shall, on receipt of an application submitted in the form and manner required by the Commercial Air Service Standards , issue or amend a Canadian foreign air operator certificate.