ARCHIVED — Vol. 151, No. 12 — March 25, 2017

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GOVERNMENT NOTICES

DEPARTMENT OF THE ENVIRONMENT

DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Publication after screening assessment of two substances — hexanoic acid, 2-ethyl-, calcium salt (calcium 2-ethylhexanoate), CAS (see footnote 1) RN 136-51-6; and hexanoic acid, 2-ethyl-, 2-ethylhexyl ester (2-ethylhexyl-2-ethylhexanoate), CAS RN 7425-14-1 — specified on the Domestic Substances List (paragraphs 68(b) and (c) or subsection 77(1) of the Canadian Environmental Protection Act, 1999)

Whereas calcium 2-ethylhexanoate is a substance on the Domestic Substances List identified under subsection 73(1) of the Canadian Environmental Protection Act, 1999;

Whereas a summary of the draft screening assessment conducted on the two substances, pursuant to paragraphs 68(b) and (c) of the Act for 2-ethylhexyl-2-ethylhexanoate and section 74 of the Act for calcium 2-ethylhexanoate, is annexed hereby;

Whereas it is proposed to conclude that 2-ethylhexyl-2-ethylhexanoate meets one or more of the criteria set out in section 64 of the Act;

Whereas it is proposed to conclude that calcium 2-ethylhexanoate does not meet any of the criteria set out in section 64 of the Act,

Notice therefore is hereby given that the Minister of the Environment and the Minister of Health (the ministers) propose to take no further action on calcium 2-ethylhexanoate at this time under section 77 of the Act.

Notice therefore is hereby given that the ministers propose to recommend to His Excellency the Governor in Council that 2-ethylhexyl-2-ethylhexanoate be added to Schedule 1 to the Act.

Notice is furthermore given that the ministers have released a risk management scope document for 2-ethylhexyl-2-ethylhexanoate to initiate discussions with stakeholders on the development of risk management actions.

Notice is further given that options are being considered for follow-up activities to track changes in human exposure to calcium 2-ethylhexanoate.

Public comment period

Any person may, within 60 days after publication of this notice, file with the Minister of the Environment written comments on the measure the ministers propose to take and on the scientific considerations on the basis of which the measure is proposed. More information regarding the scientific considerations may be obtained from the Government of Canada’s Chemical Substances website (www.chemicalsubstances.gc.ca). All comments must cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to the Executive Director, Program Development and Engagement Division, Environment Canada, Gatineau, Quebec K1A 0H3, by fax to 819-938-5212, or by email to eccc.substances.eccc@canada.ca.

In accordance with section 313 of the Canadian Environmental Protection Act, 1999, any person who provides information in response to this notice may submit with the information a request that it be treated as confidential.

Jacqueline Gonçalves
Director General
Science and Risk Assessment Directorate

On behalf of the Minister of the Environment

Marc D’Iorio
Director General
Industrial Sectors, Chemicals and Waste Directorate

On behalf of the Minister of the Environment

David Morin
Director General
Safe Environments Directorate

On behalf of the Minister of Health

ANNEX

Summary of the draft screening assessment of calcium 2-ethylhexanoate and 2-ethylhexyl-2-ethylhexanoate

Pursuant to sections 68 and 74 of the Canadian Environmental Protection Act, 1999 (CEPA), the Minister of the Environment and the Minister of Health have conducted a screening assessment of calcium 2-ethylhexanoate and 2-ethylhexyl-2-ethylhexanoate. These substances were identified as priorities for assessment as they met categorization criteria under subsection 73(1) of CEPA or were considered a priority based on other human health concerns. The Chemical Abstracts Service Registry Numbers (CAS RN, their Domestic Substances List (DSL) names and their common names are listed in the table below.

Substances in this assessment

CAS RN

DSL name

Common name

136-51-6

Hexanoic acid, 2-ethyl-, calcium salt

Calcium 2-ethylhexanoate

7425-14-1 (see footnote a)

Hexanoic acid, 2-ethyl-, 2-ethylhexyl ester

2-Ethylhexyl-2-ethylhexanoate

In 2011, there were no reports of manufacture of calcium 2-ethylhexanoate above the reporting threshold of 100 kg, but between 10 000 and 100 000 kg of calcium 2-ethylhexanoate were imported into Canada. There were no reports of manufacture or import for 2-ethylhexyl-2-ethylhexanoate above the reporting threshold of 100 kg for the same year. Calcium 2-ethylhexanoate is used predominantly as an additive in interior and exterior paints. It is also reported to be used in the manufacture of food packaging materials. 2-Ethylhexyl-2-ethylhexanoate is an ingredient in cosmetics.

The ecological risk of calcium 2-ethylhexanoate and 2-ethylhexyl-2-ethylhexanoate was characterized using the ecological risk classification of organic substances (ERC). The ERC is a risk-based approach that employs multiple metrics for both hazard and exposure based on weighted consideration of multiple lines of evidence for determining risk classification. Hazard profiles are established based principally on metrics regarding mode of toxic action, chemical reactivity, food web-derived internal toxicity thresholds, bioavailability, and chemical and biological activity. Metrics considered in the exposure profiles include potential emission rate, overall persistence, and long-range transport potential. A risk matrix is then used to assign a low, moderate or high level of potential concern for substances based on their hazard and exposure profiles. The ERC identified calcium 2-ethylhexanoate and 2-ethylhexyl-2-ethylhexanoate as having low potential to cause ecological harm.

Considering all available lines of evidence presented in this draft screening assessment, there is low risk of harm to organisms and the broader integrity of the environment from calcium 2-ethylhexanoate and 2-ethylhexyl-2-ethylhexanoate. It is proposed to conclude that calcium 2-ethylhexanoate and 2-ethylhexyl-2-ethylhexanoate do not meet the criteria under paragraph 64(a) or (b) of CEPA, as they are not entering the environment in a quantity or concentration or under conditions that have or may have an immediate or long-term harmful effect on the environment or its biological diversity or that constitute or may constitute a danger to the environment on which life depends.

In Canada, calcium 2-ethylhexanoate may be present in certain food packaging materials. 2-Ethylhexyl-2-ethylhexanoate was reported as a volatile component in certain food samples collected outside of Canada. However, exposure of the general population to calcium 2-ethylhexanoate and 2-ethylhexyl-2-ethylhexanoate from food is expected to be negligible.

Dermal exposure to calcium 2-ethylhexanoate may occur from the use of interior and exterior household paints, and to 2-ethylhexyl-2-ethylhexanoate from the use of certain cosmetics, namely foot lotion and face makeup. Substance-specific health effects data for the relevant routes and durations of exposure were not identified. However, 2-ethylhexanoic acid (2-EHA) was selected as an analogue for the characterization of potential health effects of both substances. Laboratory studies conducted on exposure via the oral route identified liver and developmental effects. Margins of exposure between critical effect levels in laboratory studies and estimates of dermal exposure to calcium 2-ethylhexanoate were considered adequate to address uncertainties in the health effects and exposure databases. Margins of exposure between critical effect levels in laboratory studies and estimates of dermal exposure to 2-ethylhexyl-2-ethylhexanoate were considered potentially inadequate to address uncertainties in the health effects and exposure databases.

Based on available information, it is proposed to conclude that calcium 2-ethylhexanoate does not meet the criteria under paragraph 64(c) of CEPA, as it is not entering the environment in a quantity or concentration or under conditions that constitute or may constitute a danger in Canada to human life or health.

Based on available information, it is proposed to conclude that 2-ethylhexyl-2-ethylhexanoate meets the criteria under paragraph 64(c) of CEPA as it is entering or may enter the environment in a quantity or concentration or under conditions that constitute or may constitute a danger in Canada to human life or health.

Proposed conclusion

It is proposed to conclude that calcium 2-ethylhexanoate does not meet any of the criteria set out in section 64 of CEPA.

It is proposed to conclude that 2-ethylhexyl-2-ethylhexanoate meets one or more of the criteria set out in section 64 in CEPA.

Consideration for follow-up

While exposure of the general population to calcium 2-ethylhexanoate is not of concern at current levels, this substance is considered to have a health effect of concern based on its potential developmental toxicity. Therefore, there may be a concern for human health if exposure were to increase. Follow-up activities to track changes in exposure and/or commercial use patterns are under consideration.

Stakeholders are encouraged to provide, during the 60-day public comment period on the draft screening assessment, any information pertaining to the substance that may help inform the choice of follow-up activity. This could include information on new or planned import, manufacture or use of the substance, or information not previously submitted to the ministers.

The draft screening assessment for these two substances and the risk management scope document for 2-ethylhexyl-2-ethylhexanoate are available on the Government of Canada’s Chemical Substances website (www.chemicalsubstances.gc.ca).

[12-1-o]

DEPARTMENT OF HEALTH

HAZARDOUS MATERIALS INFORMATION REVIEW ACT

Decisions, undertakings and orders on claims for exemption

Pursuant to paragraph 18(1)(a) of the Hazardous Materials Information Review Act, the Chief Screening Officer hereby gives notice of the decisions of the screening officer respecting each claim for exemption and the relevant material safety data sheet (MSDS) and (where applicable) the label listed below.

In accordance with section 20 of the Hazardous Materials Information Review Act, a claimant or any affected party, as defined, may appeal a decision or order of a screening officer. An affected party may also appeal an undertaking in respect of which a notice has been published in the Canada Gazette. To initiate the appeal process, a Statement of Appeal (Form 1) as prescribed by the Hazardous Materials Information Review Act Appeal Board Procedures Regulations must be completed and delivered, along with the fee prescribed by section 12 of the Hazardous Materials Information Review Regulations, within 45 days of the publication of this notice in the Canada Gazette, Part I, to the Chief Appeals Officer at the following address: Workplace Hazardous Materials Bureau, 269 Laurier Avenue West, 8th Floor, Ottawa, Ontario K1A 0K9.

Julie Calendino
Chief Screening Officer

On February 11, 2015, the Hazardous Products Act (HPA) was amended, and the Controlled Products Regulations (CPR) and the Ingredient Disclosure List were repealed and replaced with the new Hazardous Products Regulations (HPR). The revised legislation (HPA/HPR) is referred to as WHMIS 2015 and the former legislation (HPA/CPR) is referred to as WHMIS 1988.

Transitional provisions allow compliance with either WHMIS 1988 or WHMIS 2015 for a specified period of time. All claims for exemption in this publication were filed and evaluated in accordance with the provisions of WHMIS 1988.

There were no written representations from affected parties with respect to any of the claims for exemption and related MSDSs or labels mentioned below.

Registry number (RN) 10070 was found to be valid and RN 9849 was found to be invalid. The screening officer reached this decision after reviewing the information in support of the claim, having regard exclusively to the criteria found in section 3 of the Hazardous Materials Information Review Regulations.

Claimant Product Identifier RN Date of Decision

The Lubrizol Corporation

LUBAD 1885

9849

2017-02-03

The Lubrizol Corporation

LUBRIZOL® GR161A

10070

2017-01-27

In all cases where the MSDS or the label was determined not to be in compliance with the relevant legislation, pursuant to subsection 16.1(1) of the Hazardous Materials Information Review Act, the claimant was given 30 days to provide the screening officer with a signed undertaking accompanied by the MSDS or the label amended as necessary.

CLAIM FOR WHICH THE SCREENING OFFICER WAS SATISFIED THAT THE CLAIMANT HAD TAKEN THE MEASURES SET OUT IN THE UNDERTAKING

Pursuant to paragraph 18(1)(b) of the Hazardous Materials Information Review Act, the Chief Screening Officer hereby gives notice of information that has been disclosed on the relevant MSDS or label in compliance with an undertaking and the date on which the notice referred to in subsection 16.1(3) of the Act was issued.

RN: 10070 Date: 2017-02-03

The claimant had been advised to amend certain aspects of the content, format and wording of the MSDS and had been further advised to amend the MSDS as indicated below.

  1. Disclose an additional ingredient along with its CAS registry number and its concentration or concentration range.
  2. Disclose that an ingredient has been shown to cause embryotoxic and reproductive effects.
  3. Disclose the additional WHMIS D2A classification for the controlled product if WHMIS classifications are to remain on the MSDS.

CLAIM FOR WHICH THE SCREENING OFFICER ISSUED THE DECISION THAT THE CLAIM FOR EXEMPTION WAS EITHER PARTIALLY VALID OR INVALID

In the case of the following claim, the screening officer issued the decision that the claim for exemption was invalid.

Pursuant to section 18 of the Hazardous Materials Information Review Act, the Chief Screening Officer hereby gives notice of information that the screening officer ordered to be disclosed on an MSDS or a label pursuant to subsection 16(1) and information that has been disclosed on the relevant MSDS or label in compliance with an undertaking, and the dates on which the orders and notices referred to in subsection 16.1(3) of the Act were issued.

RN: 9849 Date of compliance undertaking: 2017-03-03

The claimant had been advised to amend certain aspects of the content, format and wording of the MSDS and had been further advised to amend the MSDS as indicated below.

  1. Disclose two additional ingredients, their CAS registry numbers and their concentrations or concentration ranges.
  2. Disclose an LD50 (rat, oral) value of 3.1 g/kg for an additional ingredient.
  3. Disclose the additional WHMIS D2A classification for the controlled product if WHMIS classifications are to remain on the MSDS.

[12-1-o]

DEPARTMENT OF HEALTH

HAZARDOUS MATERIALS INFORMATION REVIEW ACT

Filing of claims for exemption

Pursuant to paragraph 12(1)(a) of the Hazardous Materials Information Review Act, the Chief Screening Officer hereby gives notice of the filing of the claims for exemption listed below.

In accordance with subsection 12(2) of the Hazardous Materials Information Review Act, affected parties, as defined, may make written representations to the screening officer with respect to the claim for exemption and the (material) safety data sheet ([M]SDS) or label to which it relates. Written representations must cite the appropriate registry number, state the reasons and evidence upon which the representations are based and be delivered within 30 days of the date of the publication of this notice in the Canada Gazette, Part I, to the screening officer at the following address:

  • Workplace Hazardous Materials Bureau, 269 Laurier Avenue West, 8th Floor, Ottawa, Ontario K1A 0K9.

Julie Calendino
Chief Screening Officer

On February 11, 2015, the Hazardous Product Act (HPA) was amended, and the Controlled Products Regulations (CPR) and the Ingredient Disclosure List were repealed and replaced with the new Hazardous Products Regulations (HPR). The revised legislation (HPA/HPR) is referred to as WHMIS 2015 and the former legislation (HPA/CPR) is referred to as WHMIS 1988. Transitional provisions allow compliance with either the WHMIS 1988 or WHMIS 2015 for a specified period of time.

The claims listed below seek an exemption from the disclosure of supplier confidential business information in respect of a hazardous product; such disclosure would otherwise be required under the provisions of the relevant legislation.

Claimant Product Identifier Subject of the Claim for Exemption Registry Number

Afton Chemical Corporation

Polartech® 6000

C.i. and C. of
five ingredients

11109

Halliburton Group Canada

FDP-S873-07

C.i. and C. of
one ingredient,
C. of one ingredient

11110

3M Canada Company

3M™ Scotch-Weld™
Low Odor Acrylic Adhesive DP8805NS, Green, Part A

C. of one ingredient

11111

3M Canada Company

3M™ Scotch-Weld™
Low Odor Acrylic Adhesive DP8810NS, Green, Part A

C. of one ingredient

11112

3M Canada Company

3M™ Scotch-Weld™
Low Odor Acrylic Adhesive DP8810NS Green, Part B

C.i. and C. of
one ingredient,
C. of two ingredients

11113

3M Canada Company

3M™ Scotch-Weld™
Acrylic Adhesive DP8405NS, Green, Part A

C. of one ingredient

11114

3M Canada Company

3M™ Scotch-Weld™
Acrylic Adhesive DP8405NS, Green, Part B

C.i. and C. of
one ingredient,
C. of two ingredients

11115

3M Canada Company

3M™ Scotch-Weld™
Low Odor Acrylic Adhesive DP8810NS, Off-White, Part A

C. of one ingredient

11116

3M Canada Company

3M™ Plastic Adhesive 2262

C.i. and C. of
one ingredient,
C. of one ingredient

11117

3M Canada Company

3M™ Scotch-Weld™
Acrylic Adhesive DP8410NS Green, Part A

C. of one ingredient

11118

Covestro LLC

Bayfit 566 X Comp B

C. of one ingredient

11119

Chevron Oronite Company LLC

OLOA® 46600

C.i. of two ingredients

11120

Nalco Canada ULC

FFS4195

C.i. and C. of
one ingredient

11121

Dow Chemical Canada ULC

ROMAX™ Activator 1003

C.i. of three ingredients

11122

Nalco Canada ULC

EMBR18083A

C.i. and C. of
two ingredients,
C. of four ingredients

11123

3M Canada Company

3M™ Process Colour
880I Toner

C. of two ingredients

11124

Canadian Energy Services

Stimwrx-Poly-CI-B

C.i. and C. of
two ingredients

11125

Baker Hughes Canada Company

TOLAD™ 9715 ADDITIVE

C.i. of one ingredient

11126

Canadian Energy Services

ELESG-1

C.i. and C. of
three ingredients

11127

Baker Hughes Canada Company

BPR 34363 ASPHALTENE DISPERSANT

C.i. and C. of
one ingredient

11128

CRC Canada Co.

Super Citrus™ Degreaser

C. of four ingredients

11129

Canadian Energy Services

Stimwrx-Poly-CI-A

C.i. and C. of
one ingredient

11130

Fluid Energy Group Ltd.

CI-7

C.i. of four ingredients

11131

Sekisui Specialty Chemicals America, LLC

SELVOL™ Ultiloc® 5000 Series

C.i. of one ingredient

11132

Sekisui Specialty Chemicals America, LLC

SELVOL Ultiloc® 5100 Series

C.i. of one ingredient

11133

BLASER Swisslube

AF166

C.i. and C. of
four ingredients

11134

Nalco Canada ULC

NALCO® 61999

C.i. and C. of
one ingredient,
C. of two ingredients

11135

Interglass Technology AG

Interglass IG102

C.i. and C. of
four ingredients

11136

Note: C.i. = chemical identity and C. = concentration

[1 2-1-o]

DEPARTMENT OF INDUSTRY

OFFICE OF THE REGISTRAR GENERAL

Appointments

Name and position Order in Council

Dittmann, Paul George

2017-207

Canadian Transportation Accident Investigation and Safety Board

 

Full-time member

 

Immigration and Refugee Board

 

Full-time members

 

Brittain, Laura

2017-212

Cordisco, Philippe

2017-220

Dolin, Benjamin Raymond

2017-210

Goff, Dechen Dolkar

2017-216

Hart, Linda

2017-215

Pay, Cynthia Jen

2017-214

Robitaille, Paule

2017-219

Sloan, James George

2017-213

Stanners, Roxane Jacqueline

2017-221

Thompson, Paula Lynne

2017-208

Supreme Court of Canada

2017-233

Commissioners to administer oaths

 

Alam, Micheline

 

Desrosiers, François Pierre Fernand

 

Gagné, Denis Leo Joseph

 

March 17, 2017

Diane Bélanger
Official Documents Registrar

[12-1-o]

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Notice of intent to amend the Canadian Aviation Regulations

Further to the notice of intent published in the Canada Gazette, Part I, on August 8, 2015, notice is hereby given that Transport Canada is progressing with the initiative of amending the Canadian Aviation Regulations (CARs) to address flight crew fatigue management and is communicating to Canadians and interested stakeholders its most current policy direction with respect to this very important initiative.

The information provided hereinafter with this notice of intent is only a representation of Transport Canada’s policy direction and is in no way to be interpreted as proposed regulations, for which there will be formal consultations once they are prepublished in the Canada Gazette, Part I, later in 2017.

The proposed amendments to the CARs will comprise the following elements:

  • Prescriptive requirements — A more comprehensive set of new requirements on flight crew fatigue management will integrate annual flight time limitations, flight duty time limitations, rest periods, and requirements for time free from duty. These proposed amendments will apply to air taxi operators (Subpart 703), commuter operators (Subpart 704) and airline operators (Subpart 705).
  • Fatigue Risk Management System (FRMS) — FRMS will provide a mechanism for air operators to deviate from prescriptive requirements provided they meet the requirements for FRMS and can demonstrate that neither pilot fatigue nor alertness is impacted. The proposed amendments will apply to air taxi operators (Subpart 703), commuter operators (Subpart 704) and airline operators (Subpart 705). It is also Transport Canada’s intent to provide the option to aerial work operators (Subpart 702) to implement an FRMS, allowing them to move outside of the prescribed limits specific to their operations.
  • Fit for duty — Several factors may affect fitness for duty. They include consumption of alcohol or drugs, mental and physical conditions, and fatigue. Transport Canada intends to amend CARs section 602.02 to prohibit any person from acting as a flight crew member or carrying out any pre-flight duties while they are not fit for duty, and to amend CARs section 602.03 by prohibiting a crew member from working within 12 hours after consuming an alcoholic beverage (up from the current limit of 8 hours).

The proposed implementation period for Subpart 705 air operators will be 12 months from the date of publication in the Canada Gazette, Part II, and for Subparts 703 and 704 air operators, 48 months from the date of publication in the Canada Gazette, Part II.

Consultation

Transport Canada (TC) first engaged industry stakeholders on the issue of flight crew fatigue management in 2010 by creating a working group in response to the internationally recognized issue of flight crew fatigue and the introduction of requirements under International Civil Aviation Organization (ICAO) standards in 2009. The Flight Crew Fatigue Management Working Group included pilots and representatives of industry associations. The Working Group met for approximately 43 days over 18 months, and published a final report in August 2012 titled Report of the Canadian Aviation Regulation Advisory Council Flight Crew Fatigue Management Working Group. Following the publication of the Working Group Report, a TC Technical Committee meeting was held in 2012 in which TC employees and industry members participated. As a result of the recommendations of the Working Group Report and the Technical Committee, a notice of proposed amendment (NPA) was created and underwent a consultation process through the Canadian Aviation Regulation Advisory Council (CARAC). The NPA about which consultations were conducted included various proposed regulatory amendments and implementation dates for all air operators. However, based on the stakeholder feedback received on the NPA, TC decided to propose a two-phase approach to the regulatory proposal to bring Canadian regulations into alignment with scientific fatigue principles and knowledge and with international standards. Phase 1 would apply only to operators under Subpart 705 of the CARs, while Phase 2 would apply to all other operators (Subparts 604, 702, 703 and 704). A notice of intent was published in the Canada Gazette, Part I, in August 2015 to communicate this approach to Canadians and industry stakeholders.

A review of all the comments received during consultations with stakeholders, including the notice of intent in August 2015, led TC to finalize its policy direction with respect to this important regulatory initiative. On June 22, 2016, TC confirmed to industry stakeholders, through the CARAC process, that the Department was proceeding with the amendment of the prescriptive limitations and the introduction of FRMS for all air transport services in Canada. It further confirmed that the proposed amendments would be introduced as one amendment for air taxi operators (Subpart 703), commuter operators (Subpart 704) and airline operators (Subpart 705) only, and that it would not apply to private operators (Subpart 604) or to aerial work operators (Subpart 702). Most recently, TC has been collaborating closely with industry representatives by involving them in the development of guidance material in support of the future regulations.

Comments

Any person, member of the public, and other interested party, may, within 30 days of the publication of this notice, provide their comments on this notice of intent, in writing, to the person named below at the address provided. Comments will be acknowledged only.

Questions and comments regarding this notice of intent may be directed to the Chief, Regulatory Affairs, Civil Aviation, Transport Canada, Safety and Security, AARBH, Place de Ville, Tower C, Ottawa, Ontario K1A 0N5, CARRAC@tc.gc.ca.

Statement of Policy - Flight Crew Member Hours of Work and Rest Periods

1 (1) The definitions flight deck duty time and flight duty time in subsection 101.01(1) of the Canadian Aviation Regulations are repealed.

(2) The definition local approprié in subsection 101.01(1) of the French version of the Regulations is repealed.

(3) The definition période de repos minimale in subsection 101.01(1) of the French version of the Regulations is replaced by the following:

période de repos minimale Période qui ne peut être interrompue par l’exploitant aérien ou l’exploitant privé au cours de laquelle le membre d’équipage de conduite n’est pas en service et peut se voir accorder au moins huit heures de sommeil consécutives dans un poste de repos approprié et le temps requis pour s’y rendre et en revenir ainsi que pour les soins d’hygiène personnelle et les repas. (minimum rest period)

(4) Subsection 101.01(1) of the Regulations is amended by adding the following in alphabetical order:

fit for duty, in respect of a person, means that their ability to act as a flight crew member of an aircraft is not impaired by fatigue, the consumption of alcohol or drugs or any mental or physical condition; (apte au travail)

flight duty period means the period that begins at the earliest of the following events and ends at engines off or rotors stopped at the end of a flight:

  • (a) the flight crew member carries out any duties assigned by the air operator or delegated by the Minister before reporting for a flight,
  • (b) the member reports for a flight or, if the flight duty period consists of more than one flight, reports for the first flight,
  • (c) the member reports for positioning, and
  • (d) the member reports as a flight crew member on standby; (période de service de vol)

home base means the location where a flight crew member normally begins and ends a flight duty period; (base d’affectation)

positioning means the transfer of a flight crew member from one location to another, at the request of the air operator, but does not include travel to or from suitable accommodation or the member’s lodging; (mise en place)

rest period means the continuous period during which a flight crew member is off duty, excluding the travel time to or from suitable accommodation provided by a private operator or an air operator; (période de repos)

(5) Subsection 101.01(1) of the French version of the Regulations is amended by adding the following in alphabetical order:

poste de repos approprié Chambre pour une personne qui est exposée à un bruit minimal, est bien ventilée et est dotée de dispositifs de contrôle de la température et de la lumière ou, lorsqu’une telle chambre n’est pas disponible, local qui est approprié au lieu et à la saison, qui est exposé à un bruit minimal et offrant un confort et une protection convenables contre les éléments. (suitable accomodation)

2 The references “Subsection 700.14(1)” to “Subsection 700.21(2)” in column 1 of Part VII of Schedule II to Subpart 3 of Part I of the Regulations and the corresponding amounts in column II are replaced by the following:

Column I



Designated Provision

Column II

Maximum Amount of Penalty ($)

Individual

Corporation

Subsection 700.20(1)

3,000

15,000

Subsection 700.20(2)

1,000

5,000

Subsection 700.20(3)

1,000

5,000

Subsection 700.20(4)

1,000

5,000

Subsection 700.21(3)

1,000

5,000

Subsection 700.26(1)

5,000

25,000

Subsection 700.26(2)

1,000

5,000

Subsection 700.26(3)

1,000

5,000

Subsection 700.26(4)

1,000

5,000

     
     

Subsection 700.26(5)

1,000

5,000

Subsection 700.27(1)

5,000

25,000

Subsection 700.28(1)

5,000

25,000

Subsection 700.29(1)

5,000

25,000

Subsection 700.29(5)

3,000

15,000

Section 700.37

1,000

5,000

Subsection 700.40(1)

5,000

25,000

Subsection 700.41(1)

5,000

25,000

Subsection 700.42(1)

5,000

25,000

Subsection 700.42(2)

5,000

25,000

Subsection 700.43(1)

5,000

25,000

Subsection 700.43(2)

3,000

15,000

Subsection 700.51(1)

5,000

25,000

Subsection 700.52(4)

5,000

25,000

Section 700.61

5,000

25,000

Subsection 700.62(1)

5,000

25,000

Subsection 700.62(2)

5,000

25,000

Subsection 700.63(3)

5,000

25,000

Subsection 700.70(1)

3,000

15,000

Subsection 700.70(2)

3,000

15,000

Subsection 700.70(3)

3,000

15,000

Subsection 700.70(4)

3,000

15,000

Subsection 700.70(5)

3,000

15,000

Subsection 700.70(6)

3,000

15,000

Subsection 700.70(7)

3,000

15,000

Subsection 700.70(10)

3,000

15,000

Subsection 700.71(1)

3,000

15,000

Subsection 700.71(2)

3,000

15,000

Subsection 700.72(1)

3,000

15,000

Subsection 700.73(1)

3,000

15,000

Subsection 700.73(2)

1,000

5,000

Subsection 700.73(3)

1,000

5,000

Subsection 700.73(4)

1,000

5,000

3 Subpart 2 of Part VII of Schedule II to Subpart 3 of Part I of the Regulations is amended by adding the following after the reference “Subsection 702.84(2)”:

Column I



Designated Provision

Column II

Maximum Amount of Penalty ($)

Individual

Corporation

Subsection 702.91(1)

3,000

15,000

Subsection 702.91(2)

1,000

5,000

Subsection 702.92(1)

5,000

25,000

Subsection 702.93(1)

5,000

25,000

Subsection 702.93(2)

5,000

25,000

Subsection 702.96(1)

3,000

15,000

Subsection 702.96(3)

1,000

5,000

Section 702.97

3,000

15,000

4 Section 602.02 of the Regulations is replaced by the following:

602.02 No operator of an aircraft shall require a person to act as a flight crew member or to carry out a preflight duty, and no person shall act as a flight crew member or carry out such a duty, if the operator or the person has reason to believe that the person is not, or is not likely to be, fit for duty.

5 Paragraph 602.03(a) of the Regulations is replaced by the following:

  • (a) within 12 hours after consuming an alcoholic beverage;

6 The reference [602.47 to 602.56 reserved] after section 602.46 of the Regulations is replaced by the following:

Suitable Accommodation

602.47 A private operator or an air operator, as the case may be, shall provide a flight crew member with suitable accommodation for the purposes of rest periods away from home base.

[602.48 to 602.56 reserved]

7 Subsection 604.01(1) of the Regulations is amended by adding the following in alphabetical order:

flight deck duty time means the period spent by a flight crew member at a flight crew member position in an aeroplane during flight time. (temps de service au poste de pilotage)

8 Paragraph 604.102(1)(b) of the Regulations is replaced by the following:

  • (b) the flight duty period is extended as a result of unforeseen operational circumstances that occur after the beginning of the flight duty period;

9 Section 700.01 of the Regulations is amended by adding the following in alphabetical order:

acclimatized refers to the physiological and mental state of a flight crew member whose biorhythm is considered aligned with local time; (acclimaté)

early duty means hours of work that begin during the period beginning at 02:00 and ending at 06:59 at the location where a flight crew member is acclimatized; (service de début de journée)

flight crew member on deployed standby means a flight crew member on standby who is located at or near an aerodrome and who has been provided with suitable accommodation by an air operator for the duration of the period during which the member is available to report for flight duty; (membre d’équipage de conduite en attente de déploiement)

late duty means hours of work that end during the period beginning at midnight and ending at 01:59 at the location where a flight crew member is acclimatized; (service de fin de journée)

local night’s rest means the period beginning at 22:30 and ending at 07:30 at the location where a flight crew member is acclimatized; (nuit de repos locale)

night duty means hours of work that begin during the period beginning at 13:00 and ending at 01:59 and that end after 01:59 at a location where the flight crew member is acclimatized; (service de nuit)

reserve availability period means the period in any period of 24 consecutive hours during which a flight crew member on reserve is available to report for flight duty; (période de disponibilité en réserve)

reserve duty period means the period beginning at the time that a flight crew member on reserve is available to report for flight duty and ending at the time that the flight duty period ends; (période de service en réserve)

single day free from duty means a period free from duty between the end of one local night’s rest and the beginning of the following local night’s rest; (journée isolée sans service)

window of circadian low means the period of time beginning at 02:00 and ending at 05:59 at the location where a flight crew member is acclimatized; (phase de dépression circadienne)

10 The reference [700.12 to 700.13 reserved] after section 700.11 is replaced by the following:

[700.12 to 700.18 reserved]

11 Division III of Part VII of the Regulations is replaced by the following:

Division III — Flight Crew Member Fatigue Management
Non-application and Interpretation

700.19 (1) This Division does not apply to an air operator who operates an aircraft under Subpart 2 of Part VII or a flight crew member who operates an aircraft under that Subpart.

(2) For the purposes of this Division, references to time of day are

  • (a) if a flight crew member is acclimatized to their location, to the local time at that location; or
  • (b) if a flight crew member is not acclimatized to their location, to the local time of the last location at which the member was acclimatized.
Monitoring System and Records

700.20 (1) An air operator shall have a system that monitors the flight time, flight duty periods, duty periods and rest periods of each of its flight crew members and shall include in its company operations manual the details of that system.

(2) An air operator shall, for each flight crew member, keep a record of

  • (a) all flight times;
  • (b) the start and end time as well as the duration of each flight duty period;
  • (c) the start and end time as well as the duration of each duty period;
  • (d) the start and end time as well as the duration of each rest period; and
  • (e) time free from duty.

(3) An air operator shall keep a record of all notifications provided to it by a pilot-in-command to the air operator under subsection 700.63(4).

(4) An air operator shall keep a record referred to in this section for a period of 24 months after the day on which they are made.

Air Operator Obligations — Scheduling

700.21 (1) An air operator shall provide a flight crew member with his or her schedule sufficiently in advance for the member to plan for adequate rest.

(2) An air operator shall, on a monthly basis, determine if the maximum flight duty period with respect to a flight is exceeded more than 10% of the time in a period of 90 consecutive days.

(3) If an air operator determines that more than 10% of maximum flight duty periods are exceeded as a result of an unforeseen operational circumstance, the air operator shall change the schedule or the flight crew member pairing for the flight not later than 28 days after the day on which the determination was made.

(4) If the air operator sets schedules on a seasonal basis, the changes referred to in subsection (3) may be delayed until the beginning of the same season in the following year.

[700.22 to 700.25 reserved]

Fitness for Duty

700.26 (1) No air operator shall allow a flight crew member to begin a flight duty period if, before the beginning of the period, the member advises the air operator that he or she is fatigued to the extent that he or she is not fit for duty.

(2) A flight crew member shall advise every other flight crew member and the air operator as soon as the member becomes aware that he or she has become fatigued during a flight duty period to the extent that he or she is not fit for duty.

(3) If there is only one flight crew member on board the aircraft, and the member becomes aware during a flight duty period that he or she has become fatigued to the extent that the member is not fit for duty, the member shall advise the air operator immediately or, if the aircraft is in flight, as soon as feasible after the aircraft has landed.

(4) When a person who is assigned by an air operator to act as a flight crew member, or any other person, becomes aware that the assignment would result in the maximum flight time, maximum flight duty period or maximum duty time being exceeded, the member or other person shall advise the air operator as soon as feasible.

(5) When a flight crew member or any other person becomes aware that the member was not granted their rest period or time free from duty, the member or other person shall advise the air operator as soon as feasible.

Maximum Flight Time

700.27 (1) No air operator shall assign a flight crew member for flight time, and no flight crew member shall accept such an assignment, if the member’s total flight time in all flights conducted by him or her will, as a result, exceed

  • (a) 112 hours in any 28 consecutive days;
  • (b) 300 hours in any 90 consecutive days;
  • (c) 1,000 hours in any 365 consecutive days; or
  • (d) in the case of a single-pilot operation, 8 hours in any 24 consecutive hours.

(2) For the purpose of subsection (1), a flight crew member’s flight time includes the following:

  • (a) the flight time accumulated from other flight operations; and
  • (b) the total flight time of a flight with an augmented flight crew.
Maximum Flight Duty Period

700.28 (1) No air operator shall assign a flight duty period to a flight crew member, and no flight crew member shall accept such an assignment, if the flight duty period exceeds the maximum flight duty period set out in this section.

(2) If the average duration of all scheduled flights is less than 30 minutes, the maximum flight duty period that begins during a period set out in column 1 of the table to this subsection is set out in column 2, 3 or 4, according to the number of flights scheduled during the flight duty period.

TABLE

MAXIMUM FLIGHT DUTY PERIOD — AVERAGE FLIGHT DURATION OF LESS THAN 30 MINUTES

 

Column 1

Column 2

Column 3

Column 4

Item Start Time of Flight Duty Period 1 to 11 Flights 12 to 17 Flights 18 or More Flights

1

24:00 to 03:59

9.0 hours

9.0 hours

9.0 hours

2

04:00 to 04:59

10.0 hours

9.0 hours

9.0 hours

3

05:00 to 05:59

11.0 hours

10.0 hours

9.0 hours

4

06:00 to 06:59

12.0 hours

11.0 hours

10.0 hours

5

07:00 to 12:59

13.0 hours

12.0 hours

11.0 hours

6

13:00 to 16:59

12.5 hours

11.5 hours

10.5 hours

7

17:00 to 21:59

12.0 hours

11.0 hours

10.0 hours

8

22:00 to 22:59

11.0 hours

10.0 hours

9.0 hours

9

23:00 to 23:59

10.0 hours

9.0 hours

9.0 hours

(3) If the average duration of all scheduled flights is 30 minutes or more but less than 50 minutes, the maximum flight duty period that begins during a period set out in column 1 of the table to this subsection is set out in column 2, 3 or 4, according to the number of flights scheduled during the flight duty period.

TABLE

MAXIMUM FLIGHT DUTY PERIOD — AVERAGE FLIGHT DURATION OF 30 MINUTES OR MORE BUT LESS THAN 50 MINUTES

 

Column 1

Column 2

Column 3

Column 4

Item Start Time of Flight Duty Period 1 to 7 Flights 8 to 11 Flights 12 or More Flights

1

24:00 to 03:59

9.0 hours

9.0 hours

9.0 hours

2

04:00 to 04:59

10.0 hours

9.0 hours

9.0 hours

3

05:00 to 05:59

11.0 hours

10.0 hours

9.0 hours

4

06:00 to 06:59

12.0 hours

11.0 hours

10.0 hours

5

07:00 to 12:59

13.0 hours

12.0 hours

11.0 hours

6

13:00 to 16:59

12.5 hours

11.5 hours

10.5 hours

7

17:00 to 21:59

12.0 hours

11.0 hours

10.0 hours

8

22:00 to 22:59

11.0 hours

10.0 hours

9.0 hours

9

23:00 to 23:59

10.0 hours

9.0 hours

9.0 hours

(4) If the average duration of all scheduled flights is 50 minutes or more, the maximum flight duty period that begins during a period set out in column 1 of the table to this subsection is set out in column 2, 3 or 4, according to the number of flights scheduled during the flight duty period.

TABLE

MAXIMUM FLIGHT DUTY PERIOD — AVERAGE FLIGHT DURATION OF 50 MINUTES OR MORE

 

Column 1

Column 2

Column 3

Column 4

Item Start Time of Flight Duty Period 1 to 4 Flights 5 or 6 Flights 7 or More Flights

1

24:00 to 03:59

9.0 hours

9.0 hours

9.0 hours

2

04:00 to 04:59

10.0 hours

9.0 hours

9.0 hours

3

05:00 to 05:59

11.0 hours

10.0 hours

9.0 hours

4

06:00 to 06:59

12.0 hours

11.0 hours

10.0 hours

5

07:00 to 12:59

13.0 hours

12.0 hours

11.0 hours

6

13:00 to 16:59

12.5 hours

11.5 hours

10.5 hours

7

17:00 to 21:59

12.0 hours

11.0 hours

10.0 hours

8

22:00 to 22:59

11.0 hours

10.0 hours

9.0 hours

9

23:00 to 23:59

10.0 hours

9.0 hours

9.0 hours

(5) For the purposes of subsections (2) to (4), a flight crew member is considered acclimatized if

  • (a) in the case of a time zone difference of less than four hours between local time and the time at the last location where the member was acclimatized, any rest periods required under these Regulations have been provided and the member has spent 72 hours in the same time zone;
  • (b) in the case of a time zone difference of four hours or more between local time and the time at the last location where the member was acclimatized, any rest periods required under these Regulations have been provided and the member has spent 96 hours in the same time zone; or
  • (c) the member has spent 24 hours in the same time zone for each hour of difference between local time and the time at the last location where the member was acclimatized.

(6) For the purposes of subsection (5), the Canadian time zones are Pacific, Mountain, Central and Eastern and the Atlantic time zone which includes Newfoundland and Labrador.

(7) For the purposes of subsections (2) to (4), positioning is not to be considered a flight.

(8) The flight duty period for a flight crew member on standby begins at the time at which the member reports for duty at the specified location designated by the air operator.

(9) When all scheduled flights are conducted under day VFR, the maximum flight duty period that begins during a period set out in column 1 of the table to this subsection is set out in column 2.

TABLE

MAXIMUM FLIGHT DUTY PERIOD — FLIGHTS CONDUCTED UNDER DAY VFR

 

Column 1

Column 2

Item Start Time of Flight Duty Period Maximum Flight Duty Period

1

24:00 to 03:59

9.0 hours

2

04:00 to 04:59

10.0 hours

3

05:00 to 05:59

11.0 hours

4

06:00 to 06:59

12.0 hours

5

07:00 to 12:59

13.0 hours

6

13:00 to 16:59

12.5 hours

7

17:00 to 21:59

12.0 hours

8

22:00 to 22:59

11.0 hours

9

23:00 to 23:59

10.0 hours

Maximum Duty Time

700.29 (1) No air operator shall assign a duty to a flight crew member, and no flight crew member shall accept such an assignment, if, as a result, the member’s duty time will exceed

  • (a) 2,400 hours in any 365 consecutive days; or
  • (b) the maximum duty time set out in column 1 of the table to this paragraph, if the air operator has provided the corresponding time free from duty set out in column 2 or 3 of that table.

TABLE

MAXIMUM DUTY TIME

 

Column 1

Column 2

Column 3

Item Maximum Duty Time Time Free from Duty — Option 1 Time Free from Duty — Option 2

1

192 hours in any 28 consecutive days

(a) 1 single day free from duty in any 192 consecutive hours; and

(b) 4 single
days free from duty in any
672 consecutive hours

120 consecutive hours in any consecutive 504 consecutive hours

2

210 hours in any 28 consecutive days

120 consecutive hours in any 672 consecutive hours and no assignment of

(a) early duty, late duty or night duty; or

(b) flight duty period greater than 12 hours

Not applicable

3

60 hours in any 7 consecutive days

(a) 1 single day
free from duty in the 192 consecutive hours; and

(b) 4 single days free from duty in any 672 consecutive hours

Not applicable

4

70 hours in any 7 consecutive days

120 consecutive hours in any 504 consecutive hours and

(a) no assignment of early duty, late duty or night duty;

(b) no assignment of a flight duty period that is longer than 12 hours; and

(c) the maximum duty time is 24 hours in any consecutive 48 hours

120 consecutive hours in any 672 consecutive hours and no assignment of

(a) early duty, late duty or night duty; or

(b) flight duty period greater than 12 hours

(2) Items 1 and 3 of column 2 of the table to paragraph (1)(b) do not apply if suitable accommodation is available for the flight crew member’s time free from duty.

(3) The time free from duty set out in column 2 of item 2 and column 3 of item 4 of the table to paragraph (1)(b) may be used a maximum of six times during any 365 consecutive days.

(4) If the start of a single day free from duty is delayed by up to two hours due to an unforeseen operational circumstance, the single day free from duty shall be extended by a minimum of two hours.

(5) If an air operator changes its choice of option with respect to the maximum duty time set out in column 1 to the table to paragraph (1)(b), the air operator shall ensure that the flight crew member has five consecutive days free from duty before starting the next duty period.

(6) The calculation of a flight crew member’s duty time is to include

  • (a) 33% of the time that the flight crew member on reserve is in a reserve availability period;
  • (b) 100% of the time that the flight crew member is a flight crew member on standby; and
  • (c) 20% of the time that the flight crew member is a flight crew member on deployed standby.

[700.30 to 700.35 reserved]

Home Base

700.36 An air operator shall assign a home base for each of its flight crew members.

Nutrition Break

700.37 An air operator shall provide a flight crew member with not less than 15 minutes every 6 hours within a flight duty period to eat and drink.

[700.38 to 700.39 reserved]

Rest Period — General

700.40 (1) An air operator shall provide a flight crew member with the following rest periods at the end of a flight duty period:

  • (a) if the flight duty period ends at home base,
    • (i) either 12 hours, or 11 hours plus the travel time to or from the place where the rest period is taken, or
    • (ii) if the air operator provides suitable accommodation, 10 hours in that suitable accommodation; and
  • (b) if the flight duty period ends away from home base, 10 hours in suitable accommodation.

(2) If an air operator assigns a duty to a flight crew member for a period that exceeds by one hour or more — excluding the time required for positioning — the maximum flight duty period referred to in section 700.28, the duration of the rest period shall be the longer of:

  • (a) the sum of the maximum flight duty period and the amount of time worked beyond the maximum flight duty period, and
  • (b) the rest period referred to in subsection (1).

(3) An air operator shall have a means to determine the travel time referred to in subparagraph (1)(a)(i).

Disruptive Schedules

700.41 (1) In addition to the rest periods referred to in section 700.40, an air operator shall provide a flight crew member with one local night’s rest between the following duty periods:

  • (a) late duty or night duty and early duty; or
  • (b) early duty to late duty or night duty.

(2) Subsection (1) does not apply when a flight crew member is at a location where local time differs by more than four hours from the local time at the last location where the member was acclimatized.

Rest Period — Time Zone Differences

700.42 (1) Despite section 700.40, an air operator shall provide a flight crew member with the following rest periods when his or her duty period begins in another time zone and ends away from home base:

  • (a) 11 consecutive hours in suitable accommodation, if the local time of the location where the flight duty period began differs by up to four hours from the local time of the location where the flight duty period ends; and
  • (b) 14 consecutive hours in suitable accommodation, if the local time of the location where the flight duty period began differs by more than four hours from the local time of the location where the flight duty period ends.

(2) Despite section 700.40, an air operator shall provide a flight crew member with the following rest periods when his or her duty period ends at home base and begins in another time zone:

  • (a) 13 consecutive hours, if the local time at the location where the flight duty period began differs by up to four hours from the local time at home base and the member has been away from home base for more than 36 consecutive hours;
  • (b) if the local time at the location where the flight duty period began differs by more than four, but not more than 10 hours from the local time at home base, and
    • (i) the member has been away from home base for 60 consecutive hours or less and no part of the flight duty period occurs during any part of the member’s window of circadian low, one local night’s rest before the beginning of the next flight duty period, or
    • (ii) the member has been away from home base for more than 60 consecutive hours, or any part of the flight duty period occurs within any part of the member’s window of circadian low, two local night’s rest before the beginning of the next flight duty period; or
  • (c) if the local time at the location where the flight duty period began differs by more than 10 hours from the local time at home base and
    • (i) the member has been away from home base for 60 consecutive hours or less, two local night’s rest before the beginning of the next flight duty period, or
    • (ii) the member has been away from home base for more than 60 consecutive hours, three local night’s rest before the beginning of the next flight duty period.
Rest Period — Positioning

700.43 (1) If a flight crew member is required by the air operator to travel for the purpose of positioning immediately after the completion of a flight duty period and the sum of flight duty period and the travel time required for positioning would exceed the maximum flight duty period set out in section 700.28, the air operator shall provide the member with a rest period before the beginning of the next flight duty period that is equal to the duration of

  • (a) the duty time, if the maximum flight duty period is exceeded by three hours or less; or
  • (b) the sum of the duty time and the amount of time in excess of the maximum flight duty period, if the maximum flight duty period is exceeded by more than three hours.

(2) An air operator shall not require the positioning of a flight crew member if the positioning would result in the member’s maximum flight duty period being exceeded by more than three hours unless

  • (a) the member agrees to the positioning; and
  • (b) the flight duty period for the member is not exceeded by more than seven hours.

[700.44 to 700.49 reserved]

Split Flight Duty

700.50 (1) A flight crew member’s flight duty period may exceed the maximum flight duty period set out in section 700.28 by the following amount of time, if the air operator provides the member with a break, in suitable accommodation, of at least 60 consecutive minutes during the flight duty period:

  • (a) 100% of the duration of the break provided to the member during the hours of 24:00 to 05:59;
  • (b) 50% of the duration of the break provided to the member during the hours of 06:00 to 23:59; and
  • (c) 50% of the duration of a break provided to the member in the case of the replanning of a flight duty period after it has begun.

(2) Before performing a calculation referred to in paragraphs (1)(a) to (c), the duration of the break provided to the flight crew member is reduced by 45 minutes.

(3) If a flight crew member is assigned to night duty, his or her flight duty period may only be extended under subsection (1) for three consecutive nights.

(4) The hours referred to in paragraphs (1)(a) and (b) are the hours to which the flight crew member is acclimatized.

(5) If a flight crew member on reserve is assigned to flight duty that includes split duty, the air operator may increase the reserve duty period by two hours if a break in accordance with this section is provided. The flight duty period following the break shall not consist of more than two flights.

Consecutive Night Duty Periods

700.51 (1) An air operator shall not assign to a flight crew member more than three consecutive night duty periods if any part of these periods falls during a period that begining at 02:00 and ending at 05:59, unless the air operator provides the member with one local night’s rest at the end of the third duty period.

(2) However, an air operator may assign to a flight crew member up to five consecutive night duty periods even if any part of these periods falls during a period begins at 02:00 and ends at 05:59, if the member is provided with

  • (a) a rest period of three hours in suitable accommodation during each night duty period; and
  • (b) 56 consecutive hours free from duty at the end of the last consecutive night duty period.
Delayed Reporting Time

700.52 (1) When an air operator advises a flight crew member of a delay in the member’s reporting time before the member leaves his or her suitable accommodation to report for duty, the duration of the flight duty period shall, for the purposes of determining the maximum flight duty period in accordance with section 700.28, be calculated starting either from the initial reporting time or from the delayed reporting time, whichever results in the shorter period.

(2) Despite subsection (1), the beginning of the maximum flight duty period, when the delay in the reporting time

  • (a) is less than four hours, shall be the delayed reporting time; or
  • (b) is four hours or more but less than 10 hours, shall be four hours after the initial reporting time.

(3) When a delay in the reporting time is 10 hours or more, the duration of the delay is considered to be a rest period if the air operator has advised the flight crew member of the delay before he or she leaves the suitable accommodation, and does not disturb the member’s rest before an agreed time.

(4) Unless the air operator and flight crew member agree on a time when the air operator may disturb the member during a rest period referred to in subsection (3), the air operator shall not disturb the member during the rest period

  • (a) 30 minutes before the time the member was initially scheduled to leave the suitable accommodation; or
  • (b) 60 minutes before the initial reporting time.

[700.53 to 700.59 reserved]

Flight Duty Period — In-Flight Rest and Augmented Flight Crew

700.60 (1) For the purposes of this section,

class 1 rest facility means a bunk or other horizontal surface located in an area that

  • (a) is separated from the flight deck and passenger cabin;
  • (b) has facilities to control the levels of temperature and light; and
  • (c) is subject to a minimal level of noise and other disturbances. (poste de repos de classe 1)

class 2 rest facility means a seat that allows for a horizontal sleeping position in an area that

  • (a) is separated from passengers by a curtain or other means of separation that reduces light and sound;
  • (b) is equipped with portable oxygen equipment; and
  • (c) minimizes disturbances by passengers and crew members. (poste de repos de classe 2)

class 3 rest facility means a seat that reclines at least 40 degrees from vertical and that has leg and foot support. (poste de repos de classe 3)

(2) Despite section 700.28, if the air operator assigns for a flight the number of additional flight crew members set out in column 2 of the table to this subsection and provides, for each additional member, the rest facility set out in column 3, the maximum flight duty period is the period set out in column 1.

TABLE

MAXIMUM FLIGHT DUTY PERIOD — AUGMENTED FLIGHT CREW AND REST FACILITY

 

Column 1

Column 2

Column 3

Item Maximum Flight Duty Period (Hours) Additional Flight Crew Members Rest Facility

1

14.00

1

class 3

2

15.00

1

class 1 or class 2

3

15.25

2

class 3

4

16.50

2

class 2

5

18.00

2

class 1

(3) The maximum flight duty period set out in subsection (2) applies only to a flight duty period that consists of three or fewer flights if the following conditions are met:

  • (a) for a flight duty period that consists of one flight, in-flight rest in the rest facility is provided to all flight crew members; and
  • (b) for a flight duty period that consists of two or three flights,
    • (i) the flight crew member who will be at the controls for the final landing is provided with two consecutive hours of in-flight rest in a rest facility; and
    • (ii) all other flight crew members are provided with 90 consecutive minutes of in-flight rest in a rest facility.

(4) A flight crew member’s flight duty period shall include all time spent in the rest facility.

(5) The flight duty period for all flight crew members shall start at the same place and shall end at the same location. However, if there is more than one flight and the first flight is scheduled to be less than 105 minutes long, an air operator may assign additional flight crew members to join a flight after the first flight, but all flight crew members must end their flight duty period at the same location.

(6) At least one additional flight crew member shall be on the flight deck during all take-offs and landings, other than for the first flight, if additional flight crew members join the flight after the first flight in the circumstance set out in subsection (5).

(7) Time for in-flight rest shall be scheduled to occur between the time at which the aircraft reaches 3,048 m (10,000 feet) above aerodrome elevation and 15 minutes before the scheduled beginning of the descent.

(8) If a flight duty period has been extended, an air operator shall provide each flight crew member with a rest period that is the longer of

  • (a) the duration of the duty period just completed; and
  • (b) 14 hours in suitable accommodation, or 16 hours when the member’s duty period ends at home base.
Long-range Flights

700.61 No air operator shall assign a flight duty period to a flight crew member, and no flight crew member shall accept such an assignment, if the flight duty period includes a flight that, when it follows a scheduled flight of more than seven hours, occurs within the flight crew member’s window of circadian low.

Ultra Long-range Flights

700.62 (1) No air operator shall assign a flight duty period of more than 18 hours to a flight crew member and no flight crew member shall accept such an assignment.

(2) No air operator shall assign a flight crew member to a flight with a scheduled flight time of more than 16 hours, and no flight crew member shall accept such an assignment.

Unforeseen Operational Circumstances — Flight Duty Period and Rest Period

700.63 (1) If the pilot-in-command is of the opinion that an unforeseen operational circumstance that occurs after the beginning of the flight duty period could lead to a level of fatigue that may have a detrimental effect on the safety of the flight, the pilot-in-command may, after consulting with all crew members on their level of fatigue,

  • (a) reduce a flight crew member’s flight duty period;
  • (b) extend a flight crew member’s flight duty period by the following number of hours in excess of the maximum flight duty period set out in section 700.28 by
    • (i) one hour for a single-pilot operation,
    • (ii) two hours, if the flight crew is not augmented,
    • (iii) three hours, if the flight crew is augmented and the scheduled flight duty period consists of one flight, and
    • (iv) two hours, if the flight crew is augmented and the scheduled flight duty period consists of two or three flights; or
  • (c) increase a flight crew member’s rest period.

(2) If a further unforeseen operational circumstance arises after take-off on the final flight for which the maximum flight duty period was exceeded under subsection (1), the pilot-in-command may, despite that subsection, continue the flight to the destination aerodrome or alternate aerodrome.

(3) An air operator shall increase the duration of the rest period after a flight duty period is increased under this section by an amount of time that is at least equal to the increase in the flight duty period.

(4) At the end of a flight duty period, the pilot-in-command shall notify the air operator of any change to a flight duty period made under this section.

Unforeseen Operational Circumstances — Split Flight Duty

700.64 (1) In the event of an unforeseen operational circumstance that occurs after the beginning of the flight duty period, an air operator may modify a flight crew member’s flight duty period to include a split flight duty in accordance with section 700.50 if the pilot-in-command agrees and the modification is made before the scheduled break on the ground.

(2) The pilot-in-command shall not agree to the modification if he or she is of the opinion, after consulting with all other crew members, that a split flight duty could lead to a level of fatigue that may have a detrimental effect on the safety of the flight.

[700.65 to 700.69 reserved]

Flight Crew Member on Reserve

700.70 (1) An air operator shall notify a flight crew member on reserve of the start and end times of the reserve availability period and the location where it will take place no later than

  • (a) 12 hours before the start time of the reserve availability period, if no part of that period occurs during the member’s window of circadian low; or
  • (b) 32 hours before the start time of the reserve availability period, if any part of that period occurs during the member’s window of circadian low.

(2) An air operator shall not change the start time of a reserve availability period by

  • (a) more than two hours before, or four hours after, the start time that was communicated to the flight crew member under subsection (1); or
  • (b) more than eight hours before or after the start time that was communicated to the member under subsection (1) in any period of 168 consecutive hours, unless the member is provided with two consecutive days free from duty within that period.

(3) If the start time of a reserve availability period is changed to a time past 02:00, the air operator shall not assign to the flight crew member another reserve availability period unless the member is provided with two consecutive days free from duty before the start time of that period.

(4) An air operator shall not change the start time of a reserve availability period so that it begins in a flight crew member’s window of circadian low unless the air operator notifies the member of the change at least 24 hours before the revised start time.

(5) An air operator shall not assign to a flight crew member a reserve availability period that exceeds 14 consecutive hours.

(6) An air operator shall provide a flight crew member with a rest period of at least 10 consecutive hours between reserve availability periods.

(7) An air operator shall not assign to a flight crew member a reserve duty period of

  • (a) more than 18 consecutive hours, if the reserve availability period begins during a period beginning at 02:00 and ending at 17:59;
  • (b) more than 17 consecutive hours, if the reserve availability period begins during a period beginning at 18:00 and ending at 18:59;
  • (c) more than 16 consecutive hours, if the reserve availability period begins during a period beginning at 19:00 and ending at 20:59;
  • (d) more than 15 consecutive hours, if the reserve availability period begins during a period beginning at 21:00 and ending at 22:59; and
  • (e) more than 14 consecutive hours, if the reserve availability period begins during a period beginning at 23:00 and ending at 01:59.

(8) Despite subsection (7), an air operator may assign to a flight crew member a reserve duty period of

  • (a) no more than 20 hours, if the flight crew is augmented by one additional flight crew member and a class 1 or a class 2 rest facility is available to the additional flight crew member; and
  • (b) no more than 22 hours, if the flight crew is augmented by two additional flight crew members and a class 1 or a class 2 rest facility is available to each of the additional flight crew members.

(9) If the reserve availability period begins during a period beginning at 02:00 and ending at 05:59 in the time zone to which the flight crew member is acclimatized and the member was not contacted by the air operator during that period, the air operator may increase the reserve duty period by two hours or 50% of the reserve availability period that occurred during the period beginning at 02:00 and ending at 05:59, whichever is shorter.

(10) An air operator shall not assign to a flight crew member a flight duty period that exceeds the maximum reserve duty period set out in subsection (7) or (8) or the maximum flight duty period set out in section 700.28, whichever is shorter, unless the air operator

  • (a) provides the member with at least 24 hours’ notice of the assignment before the beginning of the flight duty period;
  • (b) does not give the notice to the member during the period beginning at 22:30 and ending at 7:30; and
  • (c) assigns no duties to the member between the time he or she receives the notice and the beginning of the flight duty period.
Flight Crew Member on Standby

700.71 (1) An air operator shall provide a flight crew member on standby with a place that provides adequate protection from the elements, where it is possible to sit and to access food and drink and, if possible, that is not accessible to the public.

(2) If the flight crew member on standby is not assigned to flight duty, the air operator shall provide him or her with the following rest periods:

  • (a) if the member is at home base,
    • (i) 12 hours, or 11 hours plus the travel time to or from the member’s lodging, or
    • (ii) if the air operator provides suitable accommodation, 10 hours in that suitable accommodation; or
  • (b) if the member is away from home base, 10 hours.
Flight Crew Member on Deployed Standby

700.72 (1) No air operator shall assign a flight duty period to a flight crew member on deployed standby unless

  • (a) the flight duty period starts and ends on the same day, starting no earlier than 07:00 local time and ending no later than 23:00 local time; and
  • (b) the member has been provided with a rest period of at least 11 consecutive hours before the start of the flight duty period.

(2) The time free from duty set out in column 2 of the table to paragraph 700.29(1)(b) does not apply with respect to a flight crew member on deployed standby.

Controlled Rest on the Flight Deck

700.73 (1) No flight crew member shall take a controlled rest on the flight deck of an aircraft that is operated by an air operator unless

  • (a) the rest is 45 minutes or less, occurs during the cruise portion of the flight and is completed at least 30 minutes before the scheduled beginning of the descent;
  • (b) a flight crew member is not taking a rest at that time; and
  • (c) at least two flight crew members remain on the flight deck.

(2) Before taking a controlled rest on the flight deck, a flight crew member shall

  • (a) transfer his or her duties to a flight crew member who is not taking a rest;
  • (b) review the status of the flight, including any specific duties to be performed during the rest;
  • (c) review the wake-up criteria; and
  • (d) advise the flight attendants of the start and end times of the rest.

(3) The flight crew member who is taking the controlled rest on the flight deck shall not assume any duties, and another flight crew member who is not taking a rest shall not transfer any duties to him or her, for 15 minutes after the end of the rest.

(4) When the flight crew member who took a controlled rest on the flight deck returns to duty, another flight crew member shall provide him or her with an operational briefing.

12 The Regulations are amended by adding the following after the reference to “[702.85 to 702.90 reserved]” and before the heading “Subpart 3 — Air Taxi Operations”:

Division X — Flight Time and Flight Duty Period Limitations and Rest Periods
Monitoring System

702.91 (1) An air operator shall have a system that monitors the flight time, flight duty periods and rest periods of each of its flight crew members and shall include in its company operations manual the details of that system.

(2) When a person becomes aware that an assignment by an air operator to act as a flight crew member on a flight would result in the maximum flight time referred to in section 702.92 or the maximum flight duty period referred to in section 702.93 being exceeded, the person shall so notify the air operator.

Maximum Flight Time

702.92 (1) Subject to subsection (2), no air operator shall assign a flight time to a flight crew member, and no flight crew member shall accept such an assignment, if the member’s total flight time in all flights conducted by him or her will, as a result, exceed

  • (a) 1,200 hours in any 365 consecutive days;
  • (b) 300 hours in any 90 consecutive days;
  • (c) 120 hours in any 30 consecutive days or, in the case of a flight crew member on call, 100 hours in any 30 consecutive days;
  • (d) 60 hours in any 7 consecutive days; or
  • (e) if the member conducts single-pilot IFR flights, 8 hours in any 24 consecutive hours.

(2) However, an air operator may assign flight time to a flight crew member, and a member may accept such an assignment, even if the member’s flight time will, as a result, exceed the flight time referred to in subsection (1) if

  • (a) the increase in flight time is authorized in the air operator’s air operator certificate; and
  • (b) the air operator and the member comply with the Commercial Air Service Standards.

(3) Subject to section 702.94, a flight crew member who reaches a flight time limitation established by this section is considered to be fatigued and shall not continue on flight duty or be reassigned to flight duty until the member has had the rest period required by section 702.93 or the time free from duty required by 702.96.

Maximum Flight Duty Period and Rest Periods

702.93 (1) Subject to subsections (3) and (5), no air operator shall assign a flight duty period to a flight crew member, and no flight crew member shall accept such an assignment, if the member’s flight duty period will, as a result, exceed 14 consecutive hours in any 24 consecutive hours.

(2) Following a flight duty period, an air operator shall provide a flight crew member with the minimum rest period and any additional rest period required by this Subpart.

(3) When a flight duty period includes a rest period, the flight duty period may be extended beyond the maximum flight duty period referred to in subsection (1) by one-half the length of the rest period referred to in paragraph (b), to a maximum of 3 hours, if the air operator

  • (a) provides the flight crew member with advance notice of the extension of the flight duty period;
  • (b) provides the member with a rest period of at least 4 consecutive hours in suitable accommodation; and
  • (c) does not interrupt the member’s rest.

(4) The minimum rest period that follows the flight duty period referred to in subsection (3) and that is provided before the next flight duty period shall be increased by an amount of time at least equal to the extension of the flight duty period.

(5) An air operator may assign a flight duty period to a flight crew member, and a flight crew member may accept such an assignment, if the flight duty period will, as a result, exceed the flight duty period referred to in subsection (1) and

  • (a) the increase in the flight duty period is authorized in the air operator certificate; and
  • (b) the air operator and the member comply with the Commercial Air Service Standards.
Unforeseen Operational Circumstances

702.94 The total flight time referred to in subsection 702.92(1) and the maximum flight duty period referred to in subsection 702.93(1) may be exceeded if

  • (a) the flight is extended as a result of an unforeseen operational circumstance that occurs after the beginning of the flight duty period;
  • (b) the pilot-in-command, after consulting with the other flight crew members, considers it safe to exceed the total flight time and maximum flight duty period; and
  • (c) the air operator and the pilot-in-command comply with the Commercial Air Service Standards.
Delayed Reporting Time

702.95 If a flight crew member is notified of a delay in reporting time before leaving a rest facility and the delay is in excess of three hours, the member’s flight duty period is considered to have started three hours after the original reporting time.

Requirements for Time Free from Duty

702.96 (1) An air operator shall provide each flight crew member with the following time free from duty:

  • (a) at least 24 consecutive hours 13 times within each 90 consecutive days and 3 times within each 30 consecutive days; and
  • (b) when the member is a flight crew member on call, at least 36 consecutive hours within each 7 consecutive days or at least 3 consecutive calendar days within each 17 consecutive days.

(2) However, an air operator may provide a flight crew member with time free from duty other than as required by paragraph (1)(a) if

  • (a) the time free from duty is authorized in the air operator certificate; and
  • (b) the air operator and the member comply with the Commercial Air Service Standards.

(3) An air operator shall notify a flight crew member on call of the start and duration of the member’s time free from duty.

Flight Crew Member Positioning

702.97 If a flight crew member is required by an air operator to travel for the purpose of positioning after the completion of a flight duty period, the air operator shall provide the member with an additional rest period that is at least equal to one-half the time spent travelling that is in excess of the member’s maximum flight duty period.

Long-range Flights

702.98 (1) A flight duty period that consists of one flight or a series of flights and that terminates more than 4 one-hour time zones from the point of departure, other than a series of flights conducted entirely within Northern Domestic Airspace, shall be limited to three flights, in the case of a series of fights, and shall be followed by a rest period that is at least equal to the length of the flight duty period.

(2) If a flight referred to in subsection (1) is a transoceanic flight, the maximum number of flights that may be completed after the transoceanic flight is one, excluding one unscheduled technical stop that takes place during the flight.

13 Section 703.98 of the Regulations is amended by adding the following after subsection (3):

(4) Every air operator shall have a fatigue management training program for its flight crew members that contains the following components:

  • (a) personal fatigue management strategies relating to
    • (i) sleep hygiene,
    • (ii) lifestyle, exercise and diet, and
    • (iii) the consumption of alcohol and drugs;
  • (b) the impact of fatigue on aviation safety;
  • (c) sleep requirements and the science relating to fatigue;
  • (d) the causes and consequences of fatigue;
  • (e) how to recognize fatigue in themselves and in others;
  • (f) sleep disorders and their impact on safety and treatment options; and
  • (g) human and organizational factors that may cause fatigue, including
    • (i) sleep quality and duration,
    • (ii) the impact of shift work and overtime,
    • (iii) the circadian rhythm, and
    • (iv) the effects of changes of time zones.

14 Section 704.115 of the Regulations is amended by adding the following after subsection (3):

(4) Every air operator shall have a fatigue management training program for its flight crew members that contains the following components:

  • (a) personal fatigue management strategies relating to
    • (i) sleep hygiene,
    • (ii) lifestyle, exercise and diet, and
    • (iii) the consumption of alcohol and drugs;
  • (b) the impact of fatigue on aviation safety;
  • (c) sleep requirements and the science relating to fatigue;
  • (d) the causes and consequences of fatigue;
  • (e) how to recognize fatigue in themselves and in others;
  • (f) sleep disorders and their impact on safety and treatment options; and
  • (g) human and organizational factors that may cause fatigue, including
    • (i) sleep quality and duration,
    • (ii) the impact of shift work and overtime,
    • (iii) the circadian rhythm, and
    • (iv) the effects of changes of time zones.

15 Section 705.124 of the Regulations is amended by adding the following after subsection (3):

(4) Every air operator shall have a fatigue management training program for its flight crew members that contains the following components:

  • (a) personal fatigue management strategies relating to
    • (i) sleep hygiene,
    • (ii) lifestyle, exercise and diet, and
    • (iii) the consumption of alcohol and drugs;
  • (b) the impact of fatigue on aviation safety;
  • (c) sleep requirements and the science relating to fatigue;
  • (d) the causes and consequences of fatigue;
  • (e) how to recognize fatigue in themselves and in others;
  • (f) sleep disorders and their impact on safety and treatment options; and
  • (g) human and organizational factors that may cause fatigue, including
    • (i) sleep quality and duration,
    • (ii) the impact of shift work and overtime,
    • (iii) the circadian rhythm, and
    • (iv) the effects of changes of time zones.

16 The Regulations are amended by replacing “flight duty time” with “flight duty period”, with any necessary modifications, in the following provisions:

  • (a) the heading to Division VI of Subpart 4 of Part VI;
  • (b) subsection 604.98(2);
  • (c) the heading before section 604.99, the portion of subsection 604.99(1) before paragraph (a) and subparagraph 604.99(1)(b)(i);
  • (d) the heading before section 604.100, the portion of section 604.100 before paragraph (a) and paragraphs 604.100(a) and (c);
  • (e) the heading before section 604.101 and section 604.101;
  • (f) the portion of subsection 604.102(1) before paragraph (a) and paragraphs 604.102(1)(c) and (d);
  • (g) the portion of section 604.103 before paragraph (a);
  • (h) section 604.105; and
  • (i) paragraph 604.197(1)(l).

Statement of Policy — Fatigue Risk Management

Division IV — Fatigue Risk Management System
Initial Exemption

700.100 (1) Subject to subsections (3) and (4), an air operator to which sections 700.20 to 700.73 apply is exempt, in respect of a flight, from the application of the provisions set out in the notice of intention under section 700.101, if the following conditions are met:

  • (a) the air operator has sent to the Minister a notice of intention that complies with section 700.101; and
  • (b) the air operator has established and implemented the following components of the fatigue risk management system:
    • (i) the fatigue risk management plan, and
    • (ii) the fatigue risk management process.

(2) Subject to subsections (3) and (5), an air operator to which sections 702.91 to 702.98 apply is exempt, in respect of a flight, from the application of the provisions set out in the notice of intention under section 700.101, if the following conditions are met:

  • (a) the air operator has sent to the Minister a notice of intention that complies with section 700.101; and
  • (b) the air operator has established and implemented the following components of the fatigue risk management system:
    • (i) the fatigue risk management plan, and
    • (ii) the fatigue risk management process.

(3) The exemptions in subsections (1) and (2) continue to have effect as long as the air operator demonstrates compliance with the requirements of sections 700.102 to 700.109 but cease to apply, in respect of a flight, on the earlier of

  • (a) the date the exemption referred to in section 700.112 comes into effect with respect to the same provisions and for the same flight; and
  • (b) two years after the date on which the notice of intention has been sent.

(4) The air operator referred to in subsection (1) may be exempted from any of the requirements set out in sections 700.27 to 700.73 except for the following provisions:

  • (a) paragraph 700.27(1)(c);
  • (b) paragraph 700.29(1)(a);
  • (c) section 700.36; and
  • (d) section 700.37.

(5) The air operator referred to in subsection (2) may be exempted from any of the requirements set out in sections 702.92 to 702.98 except for paragraph 702.92(1)(a).

(6) The exemptions referred to in subsection (1) or (2) may apply to a series of flights if

  • (a) the flights in the series are operated by the same flight crew members; and
  • (b) the flight crew members operate the flights during the same flight duty period or during consecutive flight periods.
Notice of Intent

700.101 An air operator shall send a notice of intent to the Minister that sets out the following elements:

  • (a) a statement that the air operator intends to establish, implement and maintain a fatigue risk management system in accordance with this Division;
  • (b) the description of the flight that will be operated under an exemption referred to in section 700.100;
  • (c) the provisions from which the air operator will be exempted;
  • (d) a description of the manner in which the flight will vary from the requirements of the provisions referred to in paragraph (c);
  • (e) the expected date on which the flight is operated under an exemption referred to in section 700.100;
  • (f) a description of the safety case that will be developed in respect of the flight;
  • (g) a statement indicating the air operator’s intention to validate the safety case in accordance with subsection 700.109(4) and to conduct an audit in accordance with subsection 700.110(1); and
  • (h) the name and contact information of the person who will be responsible for implementing the fatigue risk management system.
Fatigue Risk Management System — Establishment

700.102 (1) The air operator shall establish and implement a fatigue risk management system.

(2) The operations manager appointed under paragraph 700.09(1)(a) is responsible to ensure compliance of the fatigue risk management system with the requirements of this Division.

(3) The operations manager shall, where a finding resulting from a program for fatigue risk management system quality assurance established under section 700.108 is reported to them

  • (a) determine what, if any, corrective actions are required and carry out 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) Where the operations manager has assigned 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 hazards, risks and any fatigue-related incidents identified under the fatigue risk management system.

Fatigue Risk Management System — Components

700.103 (1) An air operator shall have a fatigue risk management system that includes, in respect of the provisions that apply to its air operator certificate, the following components:

  • (a) a fatigue risk management plan;
  • (b) a fatigue risk management process;
  • (c) a program for fatigue risk management promotion; and
  • (d) a program for fatigue risk management system quality assurance.

(2) The air operator shall update the fatigue risk management system in any of the following circumstances:

  • (a) a change in the size and scope of its operations;
  • (b) any action taken as a result of an audit of the fatigue risk management system conducted under subsection 700.110(1) or section 700.113;
  • (c) any finding of increases in the level of fatigue or decreases in the level of alertness of flight crew members resulting from the air operator’s validation of the safety case under subsection 700.109(4); or
  • (d) when data collection and analysis conducted pursuant to the process set out in section 700.105 indicates that flight crew members may be subject to increases in their level of fatigue or decreases in their level of alertness.
Fatigue Risk Management Plan

700.104 A fatigue risk management plan shall include the following elements:

  • (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 indicators to measure the attainment of the safety objectives;
  • (d) defined responsibilities in relation to fatigue management for
    • (i) management,
    • (ii) 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 700.107(2)(a) to (f) to the flight crew; and
  • (g) a policy for the internal reporting of fatigue by flight crew members, without fear of reprisal.
Fatigue Risk Management Process

700.105 (1) An air operator shall have a fatigue risk management process that includes procedures for

  • (a) reporting fatigue internally by flight crew members;
  • (b) confirming in writing, to flight crew members, receipt of the fatigue report and to advise of any follow-up action;
  • (c) collecting information to identify fatigue-related hazards, including
    • (i) flight crew member performance data,
    • (ii) accident or incident information,
    • (iii) data from work schedules,
    • (iv) 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 level of fatigue through modelling with respect to flight crew schedules; and
  • (g) analyzing planned schedules in relation to time worked in order to assess whether fatigue is being managed.

(2) An air operator shall have a fatigue risk assessment process that is based on the information referred to in subsection (1) and that includes a procedure for

  • (a) identifying the cause of fatigue-related hazards;
  • (b) assessing the likelihood that a fatigue-related event will occur and the degree of severity of its consequences;
  • (c) identifying and prioritizing the risks that need to be managed;
  • (d) developing and updating a risk register of the risks that are identified;
  • (e) determining the actions to be taken to manage the risks referred to in paragraph (c) and the preventative or corrective measures to be taken with respect to those risks; and
  • (f) developing performance indicators to measure the effectiveness of actions and measures taken under paragraph (e).
Collaboration with Employees

700.106 The air operator shall develop the policy and the procedure allowing flight crew members to report internally situations that could lead to fatigue in collaboration with the bargaining agents or, if there is no bargaining agent, with its employees or a representative selected by its employees.

Fatigue Risk Management Promotion

700.107 (1) An air operator to which sections 700.20 to 700.73 apply shall have a program for fatigue risk management promotion for its employees that includes training on

  • (a) the components and the functioning of the fatigue risk management system and the employee’s 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 that are associated with fatigue management.

(2) An air operator to which sections 702.91 to 702.98 apply shall have a program for fatigue risk management promotion for its employees that includes training on

  • (a) the components and the functioning of the fatigue risk management system and the employee’s responsibilities with respect to the system;
  • (b) the actions to be taken with respect to fatigue-related risks;
  • (c) the requirements of these Regulations that are associated with 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 and their impact on safety and treatment options; and
  • (j) human and organizational factors that may cause fatigue, including
    • (i) sleep quality and duration,
    • (ii) the impact 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) updates to science related to fatigue;
  • (d) results of the analysis of data obtained through the application of the fatigue risk management process;
  • (e) updates to the fatigue risk management system; and
  • (f) the results of the review of the fatigue risk management system.
Program for Fatigue Risk Management System Quality Assurance

700.108 (1) An air operator shall have a program for fatigue risk management system quality assurance that includes 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 to be verified, and
    • (ii) a plan establishing the frequency of the audit and the manner in which it will be conducted;
  • (b) auditing the effectiveness of the fatigue risk management system in the event of an accident or incident;
  • (c) analyzing audit findings and determining the contributing factors of those findings;
  • (d) developing, implementing and monitoring preventative or corrective measures to address the results of the audit; and
  • (e) keeping and updating records, including the findings of the audit, the preventative or corrective measures to address the results of the audit and any follow-up taken in respect of the measures.

(2) An air operator shall have a process for the periodic review of the effectiveness of its fatigue risk management system that includes procedures for the assessment of the following elements:

  • (a) the fatigue risk management processes;
  • (b) the accuracy 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 intention on the levels of fatigue and alertness of the flight crew.

Safety Case

700.109 (1) The air operator shall ensure that a safety case is established for a flight to demonstrate that the variance described in the notice of intention does not increase level of fatigue and decrease the level of alertness of the flight crew members.

(2) The safety case shall consist of the following:

  • (a) a description of the flight operated under the exemption and of the variance from the provisions identified in the notice of intention;
  • (b) the data collection methodology and data that will be used initially to establish the baseline levels of fatigue and alertness with respect to the flight and to identify fatigue hazards and risks;
  • (c) the data collection methods used to evaluate the safety case on an ongoing basis;
  • (d) an analysis of the impact of the variance on the flight crew member’s levels of fatigue and alertness that considers the flight crew member’s schedule before and after the flight that is subject to the variance and the findings of the fatigue risk assessment;
  • (e) fatigue risk controls implemented to address the findings of the risk assessment;
  • (f) procedures to measure the impact of the deviation on the levels of fatigue and alertness;
  • (g) the preventative or corrective measures to address any adverse impact of the variance on the levels of fatigue and alertness; and
  • (h) the means that will be used to monitor the effectiveness of the fatigue risk management system in managing the safety case.

(3) A safety case established in respect of a flight may be used in respect of another flight if the following requirements are met:

  • (a) the difference in the duration of the flights does not exceed 30 minutes;
  • (b) the flights are operated in the same time zone or across the same number of time zones in the same direction;
  • (c) the flights are operated with aircraft of the same type and configuration;
  • (d) the flights are operated with the same number of flight crew;
  • (e) the operating environments of the flights are similar;
  • (f) the flights are operated at the same time of day or within 30 minutes of the start time; and
  • (g) other hazards or risks associated with the flights are similar.

(4) A safety case is validated when the air operator has met the following conditions:

  • (a) fatigue and alertness data has been collected over a period of not less than one year, in respect of not less than 20 consecutive flights described in the notice of intention, of which not more than five percent of the samples have a negative impact on the levels of fatigue and alertness determined by means of the methodology described in paragraph (2)(b) of more than five percent;
  • (b) the fatigue risk assessment has been conducted and the findings of the assessment have been analyzed;
  • (c) mitigation measures have been put in place to manage the hazards and risks related to the variance to correct increases in the level of fatigue or decreases in the level of alertness of flight crew members;
  • (d) the mitigation measures have been monitored to ensure that they have the desired effect on the levels of fatigue and alertness of flight crew members;
  • (e) corrective measures have been put in place to address the findings obtained under paragraph (d) if the mitigation measures do not achieve the desired effect on the levels of fatigue and alertness of flight crew members; and
  • (f) the effectiveness of the mitigation measures and, if applicable, the corrective measures in maintaining the established levels of fatigue and alertness of flight crew members is demonstrated.

(5) For the purposes of paragraph (4)(a), an air operator may use not more than 25 percent of the required data respecting a flight from a flight operated by another air operator if the flights meet the requirements of paragraphs (3)(a) to (g).

Fatigue Risk Management System — Initial Audit

700.110 (1) An air operator shall conduct an initial audit of the fatigue risk management system upon validation of the safety case according to the process established under subsection 700.108(1).

(2) The air operator shall analyze the findings of the audit and shall, where deficiencies are identified,

  • (a) investigate and analyze their root cause and contributing factors; and
  • (b) develop and implement preventative and corrective measures to address the findings.

(3) The air operator shall assess the preventative and corrective measures to ensure that they are effective and are used on an ongoing basis to improve the fatigue risk management system.

(4) An air operator who already has implemented a fatigue risk management system and prepares a safety case for a subsequent variance is not required to conduct the audit required under subsection (1).

Non-availability of Exemption

700.111 An air operator who was exempted from the application of provisions in respect of a flight, pursuant to section 700.100 and who has not validated a safety case in the time set out in subsection 700.103(3) shall not be exempted from the same provisions as stated in the notice of intention and in respect of the same flight for a period of five years after the expiration of that time period.

Continuing Exemption

700.112 (1) An air operator who has been exempted pursuant to section 700.100, for the purposes of preparing a safety case in respect of a flight, is exempted from the same requirements for the same flight if the following conditions are met:

  • (a) the air operator performs an audit in accordance with section 700.110;
  • (b) the air operator validates a safety case in accordance with subsection 700.109(4); and
  • (c) the air operator sends, at least 30 days before operating a flight under the exemption, a letter of confirmation.

(2) The exemption in subsection (1) takes effect 30 days after the date that the letter of confirmation is sent to the Minister and continues to have effect as long as the following conditions are met:

  • (a) the air operator maintains the fatigue risk management system in accordance with this Division;
  • (b) the air operator monitors the effectiveness of the safety case in managing fatigue and alertness of the flight crew in accordance with section 700.114; and
  • (c) the air operator corrects any adverse effects of the variance on the levels of fatigue and alertness on the flight crew no later than 60 days from the time the adverse effect is identified in the course of monitoring.

(3) The letter of confirmation shall set out

  • (a) a confirmation that a safety case has been validated for the flight and that any variance from the requirements set out in sections 700.27 to 700.73 has no adverse effect on the levels of fatigue and alertness;
  • (b) a confirmation that the fatigue risk management system has been audited under section 700.110;
  • (c) a statement that the fatigue risk management system meets the requirements of this Division; and
  • (d) the date on which the flight is operated under an exemption referred to in section 700.112.
Fatigue Risk Management System — Audit

700.113 The air operator shall ensure that an audit of its fatigue risk management system is conducted, in accordance with the process established under subsection 700.108(1),

  • (a) within twelve months after the initial audit conducted under subsection 700.110(1);
  • (b) within 12 months after the day on which the previous audit was completed;
  • (c) after a major incident where fatigue was a contributing factor; and
  • (d) a major change in the air operator’s activities that could impact the levels of fatigue or alertness of the flight crew.
Variance — Monitoring of Effects

700.114 (1) The air operator shall monitor, in accordance with the procedures established under subsection 700.108(3), the effect of the variance described in the notice of intent on the levels of fatigue and alertness of the flight crew for each period of six months over which the flight subject to the exemption referred to in subsection 700.112(1) is operated.

(2) The air operator shall collect data in respect of a representative number of flights conducted over the period of six months in accordance with the method set out in the validated safety case.

(3) If the monitoring referred to in subsection (1) reveals that the variance described in the notice of intention has an adverse impact on the levels of fatigue and alertness of the flight crew, the air operator shall develop and implement corrective measures to eliminate the adverse impact of the variance.

(4) If corrective measures are developed and implemented, the air operator shall assess the effectiveness of the corrective measures in eliminating the adverse impact of the variance on the levels of fatigue and alertness.

(5) If the corrective measures eliminate the adverse impact of the variance on the levels of fatigue and alertness, the air operator shall modify the safety case to take into account the corrective measures and inform the Minister of the modification within 60 days after the change is made.

Fatigue Risk Management System — Review

700.115 (1) The air operator shall conduct a review of the fatigue risk management system, in accordance with the procedures established under subsection 700.108(2), at least once every twelve months after the initial audit required by section 700.114 is conducted.

(2) The review of the fatigue risk management system shall assess the following:

  • (a) the fatigue risk management processes;
  • (b) the accuracy 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 address any deficiency identified by the review, and carry out 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) No air operator shall assign a duty relating to the program for fatigue risk management system quality assurance 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 responsible for carrying out the task or activity will not result in an increased risk to aviation safety; and
  • (c) the audit of the program for fatigue risk management system quality assurance will not be compromised.
Training

700.116 (1) The air operator shall ensure that training is conducted every twelve months and covers the subjects set out in section 700.107.

(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 that has received training in accordance with this section.
Documents — Keeping up to Date

700.117 (1) An air operator shall ensure that the fatigue risk management system documents reflect the procedures and processes that have been established and implemented.

(2) An air operator shall notify the Minister of any changes to the fatigue risk management process within 60 days after the change is made.

Data and Documentation

700.118 (1) The air operator shall collect data and maintain documentation in respect of flight crew members on the following subjects:

  • (a) the fatigue model used to assess the levels of fatigue and alertness;
  • (b) records of testing for fatigue;
  • (c) fatigue surveys; and
  • (d) evaluation of the level of fatigue against the baseline level established for comparative analysis.

(2) The air operator shall keep documentation in respect of the following:

  • (a) records and documents produced in the course of conducting an audit or a review under this Division; and
  • (b) other material produced under the fatigue risk management system.
Preservation of Information

700.119 The information collected and produced pursuant to this Division shall be kept for four years after the day on which they were collected or produced.

Access to Documents

700.120 The air operator shall make available to the Minister on request any document that is required to be collected or produced under this Division.

[12-1-o]

DEPARTMENT OF TRANSPORT

CANADA MARINE ACT

Montreal Port Authority — Supplementary letters patent

By the Minister of Transport

WHEREAS letters patent were issued by the Minister of Transport (“Minister”) for the Montreal Port Authority (“Authority”), under the authority of the Canada Marine Act (“Act”), effective March 1, 1999;

WHEREAS Schedule B of the letters patent sets out the federal immovables managed by the Authority;

WHEREAS Schedule B.1 of the letters patent specifies the dates on which certain federal immovables are to be withdrawn from Part I of Schedule B of the letters patent;

WHEREAS, pursuant to Schedule B.1, the federal immovables corresponding to items 4, 5, 6 and 9 at Schedule B.1 are to be withdrawn from Part I of Schedule B on July 1, 2017;

WHEREAS the board of directors of the Authority has requested that the Minister postpone the date at which the federal immovables corresponding to items 4, 5, 6 and 9 at Schedule B.1 are to be withdrawn from Part I of Schedule B until January 1, 2019;

WHEREAS, pursuant to Schedule B.1, the federal immovables corresponding to items 20, 23 and 27 at Schedule B.1 were withdrawn from Part I of Schedule B on January 1, 2017;

WHEREAS the board of directors of the Authority has requested that the Minister issue supplementary letters patent to give management to the Authority of the federal immovables corresponding to items 20, 23 and 27 at Schedule B.1 until January 1, 2019;

WHEREAS the federal immovable corresponding to item 27 at Schedule B.1 has been subject to a cadastral amendment and therefore the description of this immovable at Schedule B.1 needs to be revised;

AND WHEREAS the Minister is satisfied that the amendments to the letters patent are consistent with the Act;

NOW THEREFORE, under the authority of subsection 9(1) of the Act, the letters patent are amended as follows:

1. Item numbers 4, 5, 6 and 9 of Schedule B.1 of the letters patent are replaced by the following:

No.

Summary designation / Cadastre number + Total area shown on plan

Cadastre of Quebec, registration division of Montréal

Parcel number(s) shown on plan

Lease No.

Column A

Date of withdrawal

Column B

Date of withdrawal if lease extended

4

(770 Mill Street)
An immovable designated as being lot number 4 657 460, having an area of 4 755.2 m2 (formerly known as being composed of parts of lots 1 853 761 and 1 853 785 [borough of Ville-Marie, Montréal]).

4

B2213

January 1, 2019

-

5

(Mill Street – Parking lot)
An immovable designated as being lot number 4 657 459, having an area of 2 238.5 m2 (formerly known as being composed of parts of lots 1 853 761 and 1 853 785 [borough of Ville-Marie, Montréal]).

5

B2408-2

January 1, 2019

-

6

(805 Mill Street)
An immovable, having a total area of 2 928.0 m2, designated as being lot number 1 853 758 (borough of Ville-Marie, Montréal).

6

B2240

January 1, 2019

-

9

(Rozon parking lot)
An immovable designated as being lot number 4 657 454, having an area of 7 173.5 m2 (formerly known as being part of lot number 1 854 009 [borough of Ville-Marie, Montréal]).

9

B2432

January 1, 2019

-

2. Item numbers 20, 23 and 27 of Schedule B.1 of the letters patent are replaced by the following:

No.

Summary designation / Cadastre number + Total area shown on plan

Cadastre of Quebec, registration division of Montréal

Parcel number(s) shown on plan

Lease No.

Column A

Date of withdrawal

Column B

Date of withdrawal if lease extended

20

(#1 Bridge Street)
An immovable designated as being part of lot number 1 853 655, having a total area of 338.6 m2 (South-West borough, Montréal).

20

B2184

January 1, 2019

-

23

(#1 Bridge Street)
An immovable designated as being part of lot number 1 853 655, having a total area of 1 951.0 m2 (South-West borough, Montréal).

23

B2185

January 1, 2019

-

27

(Behind 355 Oak Street)
An immovable designated as being lot number 4 657 483, having an area of 2 615.2 m2 (formerly known as being part of lot number 1 853 653 [South-West borough, Montréal]).

27

B2267-1

January 1, 2019

-

3. These supplementary letters patent take effect on the date of issuance.

ISSUED under my hand this 9th day of March, 2017.

The Honourable Marc Garneau, P.C., M.P.
Minister of Transport

[12-1-o]

DEPARTMENT OF TRANSPORT

CANADA SHIPPING ACT, 2001

Eastern Canada Response Corporation Ltd.

Notice of an amendment to the bulk oil cargo fees applicable to the Quebec/Maritimes Region, the Newfoundland Region and the Great Lakes Region charged by Eastern Canada Response Corporation Ltd. pursuant to an arrangement required by paragraphs 167(1)(a) and 168(1)(a) of the Canada Shipping Act, 2001

Description

Eastern Canada Response Corporation Ltd. (ECRC) is currently a certified response organization pursuant to subsection 169(1) of the Act in respect of a rated capability of 10 000 tonnes and a geographic area covering the Canadian waters south of 60° north latitude in the provinces of Newfoundland and Labrador, Prince Edward Island, Nova Scotia, New Brunswick, Quebec, Ontario, Manitoba, Saskatchewan and Alberta, excluding the waters in the primary areas of response associated with the designated ports of Saint John, New Brunswick, and Point Tupper, Nova Scotia. The area includes, but is not limited to, the waters of the Atlantic Provinces, the waters of James Bay, Hudson Bay and Ungava Bay and the waters in the province of Quebec, including the St. Lawrence River, the waters of the Canadian Great Lakes system and connecting channels within the province of Ontario, including Lake Superior, the St. Mary’s River, Lake Huron, the St. Clair River, Lake St. Clair, the Detroit River, Lake Erie, Lake Ontario, the St. Lawrence River, the waters of Lake Winnipeg, the waters of the Athabasca River from Fort McMurray to Lake Athabasca and the waters of Lake Athabasca.

Definitions

1. In this notice of fees,

“Act” means the Canada Shipping Act, 2001. (Loi)

“asphalt” means a derivate of oil that is commercially described as road or paving asphalt or unblended roofers flux, that has a specific gravity equal to or greater than one, that is solid at 15°C and that sinks to the bottom as a solid when immersed in water. (asphalte)

“Atlantic Provinces” means Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland including Labrador. (provinces de l’Atlantique)

“BOCF” means bulk oil cargo fee. (DCPV)

“ECRC” means Eastern Canada Response Corporation Ltd., a company formed as a result of the amalgamation of Eastern Canada Response Corporation Ltd., Great Lakes Response Corporation of Canada and Canadian Marine Response Management Corporation, effective January 1, 1999. (SIMEC)

“Great Lakes Region” means the area covered by the Canadian Great Lakes system and connecting channels within the province of Ontario, including Lake Superior, the St. Mary’s River, Lake Huron, the St. Clair River, Lake St. Clair, the Detroit River, Lake Erie, Lake Ontario, the St. Lawrence River from Kingston, Ontario, to a line drawn between Butternut Bay (latitude 44°31.12′ N and longitude 75°46.54′ W) on the Canadian side to Oak Point (latitude 44°30.48′ N and longitude 75°45.20′ W) on the U.S. side of the St. Lawrence River, Lake Winnipeg, the Athabasca River from Fort McMurray to Lake Athabasca and the waters of Lake Athabasca. (région des Grands Lacs)

“Newfoundland Region” means the province of Newfoundland and Labrador. (région de Terre-Neuve)

“oil handling facility” means an oil handling facility that is located in ECRC’s geographic area. (installation de manutention d’hydrocarbures)

“Quebec/Maritimes Region” means the area covered by the waters of James Bay, Hudson Bay and Ungava Bay and the waters in the province of Quebec and that portion of the St. Lawrence River in the province of Ontario to a line drawn between Butternut Bay (latitude 44°31.12′ N and longitude 75°46.54′ W) on the Canadian side to Oak Point (latitude 44°30.48′ N and longitude 75°45.20′ W) on the U.S. side of the St. Lawrence River and in the Atlantic Provinces, excluding the waters north of the 60th parallel of latitude and the primary areas of response associated with the designated ports of Saint John, New Brunswick, and Point Tupper, Nova Scotia, excluding Newfoundland and Labrador. (région des Maritimes/du Québec)

“ship” means a ship within the meaning of paragraph 167(1)(a) of the Act. (navire)

“ship (bulk oil)” means a ship that is constructed or adapted primarily to carry bulk oil in its cargo spaces. [navire (avec produits pétroliers en vrac)]

Bulk oil cargo fees

2. This part applies to the loading and unloading of oil at oil handling facilities located in each of the following regions.

Quebec/Maritimes Region

3. The total BOCF payable by an oil handling facility that has an arrangement with ECRC shall be determined by multiplying the total number of tonnes of bulk oil unloaded and (in the case of bulk oil intended for international destinations and destinations north of 60° north latitude) loaded at the oil handling facility, by the BOCF per tonne for each type of oil set out in sections 5 and 6 of this part.

4. The total BOCF payable by a ship (bulk oil) shall be determined,

(a) in the case of bulk oil loaded onto the ship (bulk oil) and intended for international destinations and destinations north of 60° north latitude, by multiplying the total number of tonnes of bulk oil loaded at an oil handling facility that does not have an arrangement with ECRC, by the BOCF per tonne for each type of oil set out in sections 5 and 6 of this part; and

(b) in the case of bulk oil unloaded from the ship (bulk oil), by multiplying the total number of tonnes of bulk oil unloaded at an oil handling facility that does not have an arrangement with ECRC, by the BOCF per tonne for each type of oil set out in sections 5 and 6 of this part.

5. The BOCF applicable in respect of oil other than asphalt is

(a) an amended fee of twenty cents (20.0¢) per tonne, plus all applicable taxes from January 1, 2017, to December 31, 2017; and

(b) an amended fee of twenty-nine cents (29.0¢) per tonne, plus all applicable taxes from January 1, 2018.

6. The BOCF applicable in respect of asphalt is

(a) an amended fee of ten cents (10.0¢) per tonne, plus all applicable taxes from January 1, 2017, to December 31, 2017; and

(b) an amended fee of fourteen and five tenths cents (14.5¢) per tonne, plus all applicable taxes from January 1, 2018.

Newfoundland Region

7. The total BOCF payable by an oil handling facility that has an arrangement with ECRC shall be determined by multiplying the total number of tonnes of bulk oil unloaded and (in the case of bulk oil intended for international destinations and destinations north of 60° north latitude) loaded at the oil handling facility, by the BOCF per tonne for each type of oil set out in sections 9 and 10 of this part.

8. The total BOCF payable by a ship (bulk oil) shall be determined,

(a) in the case of bulk oil loaded onto the ship (bulk oil) and intended for international destinations and destinations north of 60° north latitude, by multiplying the total number of tonnes of bulk oil loaded at an oil handling facility that does not have an arrangement with ECRC by the BOCF per tonne for each type of oil set out in sections 9 and 10 of this part; and

(b) in the case of bulk oil unloaded from the ship (bulk oil), by multiplying the total number of tonnes of bulk oil unloaded at an oil handling facility that does not have an arrangement with ECRC by the BOCF per tonne for each type of oil set out in sections 9 and 10 of this part.

9. The BOCF applicable in respect of oil other than asphalt is

(a) an amended fee of eight and five tenths cents (8.5¢) per tonne, plus all applicable taxes from January 1, 2017, to December 31, 2017; and

(b) an amended fee of ten and seven tenths cents (10.7¢) per tonne, plus all applicable taxes from January 1, 2018.

10. The BOCF applicable in respect of asphalt is

(a) an amended fee of four and twenty-five hundredths cents (4.25¢) per tonne, plus all applicable taxes from January 1, 2017, to December 31, 2017; and

(b) an amended fee of five and thirty-five hundredths cents (5.35¢) per tonne, plus all applicable taxes from January 1, 2018.

Great Lakes Region

11. The total BOCF payable by an oil handling facility that has an arrangement with ECRC shall be determined by multiplying the total number of tonnes of bulk oil unloaded and (in the case of bulk oil intended for international destinations and destinations north of 60° north latitude) loaded at the oil handling facility by the BOCF per tonne for each type of oil set out in sections 13 and 14 of this part.

12. The total BOCF payable by a ship (bulk oil) shall be determined

(a) in the case of bulk oil loaded onto the ship (bulk oil) and intended for international destinations and destinations north of 60° north latitude, by multiplying the total number of tonnes of bulk oil loaded at an oil handling facility that does not have an arrangement with ECRC by the BOCF per tonne for each type of oil set out in sections 13 and 14 of this part; and

(b) in the case of bulk oil unloaded from the ship (bulk oil), by multiplying the total number of tonnes of bulk oil unloaded at an oil handling facility that does not have an arrangement with ECRC, by the BOCF per tonne for each type of oil set out in sections 13 and 14 of this part.

13. The BOCF applicable in respect of oil other than asphalt is

(a) an amended fee of forty-eight cents (48.0¢) per tonne, plus all applicable taxes from January 1, 2017, to December 31, 2017; and

(b) an amended fee of sixty cents (60.0¢) per tonne, plus all applicable taxes from January 1, 2018.

14. The BOCF applicable in respect of asphalt is

(a) an amended fee of twenty-four cents (24.0¢) per tonne, plus all applicable taxes from January 1, 2017, to December 31, 2017; and

(b) an amended fee of thirty cents (30.0¢) per tonne, plus all applicable taxes from January 1, 2018.

Interested persons may, within 30 days after the date of publication of this notice, send comments to Paul Pouliotte, Eastern Canada Response Corporation Ltd., 275 Slater Street, Suite 1201, Ottawa, Ontario K1P 5H9, 613-230-7369 (telephone), 613-230-7344 (fax), ppouliotte@ecrc.ca (email), or file a notice of objection that contains the reasons for the objection with the Manager, Environmental Response Systems, Marine Safety, Transport Canada, Place de Ville, Tower C, 330 Sparks Street, 10th Floor, Ottawa, Ontario K1A 0N8, oep-epe@tc.gc.ca (email). All such representations must cite the Canada Gazette, Part I, the name of the response organization submitting the list of proposed fees, and the date of publication of the notice of proposed fees.

[12-1-o]

PRIVY COUNCIL OFFICE

Appointment opportunities

We know that our country is stronger — and our government more effective — when decision-makers reflect Canada’s diversity. Moving forward, the Government of Canada will use an appointment process that is transparent and merit-based, strives for gender parity, and ensures that Indigenous Canadians and minority groups are properly represented in positions of leadership. We will continue to search for Canadians who reflect the values that we all embrace: inclusion, honesty, fiscal prudence, and generosity of spirit. Together, we will build a government as diverse as Canada.

The Government of Canada is currently seeking applications from diverse and talented Canadians from across the country who are interested in the following positions.

Current opportunities

The following opportunities for appointments to Governor in Council positions are currently open for applications. Every opportunity is open for a minimum of two weeks from the date of posting on the Governor in Council Appointments website (www.appointments-nominations.gc.ca/slctnPrcs.asp?menu=1&lang=eng).

Position

Organization

Closing date

Chairperson

Canada Agricultural Review Tribunal

April 11, 2017

Directors

Canada Mortgage and Housing Corporation

April 11, 2017

Vice-Chairperson

Civilian Review and Complaints Commission for the Royal Canadian Mounted Police

April 11, 2017

Chairperson

Defence Construction (1951) Limited

March 31, 2017

Directors

Defence Construction (1951) Limited

March 31, 2017

Assistant Deputy Chairperson

Immigration and Refugee Board

March 31, 2017

Directors

Montréal Port Authority

March 31, 2017

Procurement Ombudsman

Office of the Procurement Ombudsman

March 31, 2017

Directors

Public Sector Pension Investment Board

March 31, 2017

Directors

Saguenay Port Authority

March 31, 2017

Members

Veterans Reviewand Appeal Board

July 31, 2017

Upcoming opportunities

New opportunities that will be posted in the coming weeks.

Position

Organization

President (Chief Executive Officer)

Atomic Energy of Canada Limited

Commissioner

British Columbia Treaty Commission

Chairperson

Canada Deposit Insurance Corporation

Directors

Canada Deposit Insurance Corporation

Directors

Canada Development Investment Corporation

Commissioner for Workers

Canada Employment Insurance Commission

Director

Canada Post Corporation

President

Canadian Centre for Occupational Health and Safety

Chairperson

Canadian International Trade Tribunal

Chairperson

Civilian Review and Complaints Commission for the Royal Canadian Mounted Police

Directors

First Nations Financial Management Board

Commissioner

First Nations Tax Commission

Sergeant-at-Arms

House of Commons

Chairperson

National Aboriginal Economic Development Board

Member

National Aboriginal Economic Development Board

Chairperson

National Battlefields Commission

Commissioner

National Battlefields Commission

[12-1-o]

BANK OF CANADA

Statement of financial position as at February 28, 2017

(Millions of dollars) Unaudited

ASSETS

Cash and foreign deposits

 

18.8

Loans and receivables

Securities purchased under resale agreements

7,002.4

 

Advances to members of Payments Canada (see footnote *)

 

Advances to governments

 

Other receivables

8.1

 
   

7,010.5

Investments

Treasury bills of Canada

17,668.4

 

Government of Canada bonds

79,841.0

 

Other investments

398.0

 
   

97,907.4

Property and equipment

 

569.1

Intangible assets

 

36.1

Other assets

 

169.8

 

105,711.7


LIABILITIES AND EQUITY

Bank notes in circulation

 

77,342.1

Deposits

Government of Canada

24,165.6

 

Members of Payments Canada (see footnote **)

500.1

 

Other deposits

2,254.2

 
   

26,919.9

Securities sold under repurchase agreements

 

Other liabilities

 

957.7

   

105,219.7

Equity

Share capital

5.0

 

Statutory and special reserves

125.0

 

Available-for-sale reserve

362.0

 
   

492.0

105,711.7

I declare that the foregoing statement is correct according to the books of the Bank.

Ottawa, March 15, 2017

Carmen Vierula
Chief Financial Officer and Chief Accountant

I declare that the foregoing statement is to the best of my knowledge and belief correct, and shows truly and clearly the financial position of the Bank, as required by section 29 of the Bank of Canada Act.

Ottawa, March 15, 2017

Stephen S. Poloz
Governor

[12-1-o]

  • Footnote 1
    The Chemical Abstracts Service Registry Number (CAS RN) is the property of the American Chemical Society, and any use or redistribution, except as required in supporting regulatory requirements and/or for reports to the Government of Canada when the information and the reports are required by law or administrative policy, is not permitted without the prior, written permission of the American Chemical Society.
  • Footnote a
    This substance was not identified under subsection 73(1) of CEPA, but was included in this assessment as it was considered as a priority based on other human health concerns.
  • Footnote *
    Formerly "Canada Payments Association".
  • Footnote **
    Formerly "Canada Payments Association".