Exemption from subsection 700.119(1) of the Canadian Aviation Regulations

NCR 135-2020

Pursuant to subsection 5.9(2) of the Aeronautics Act, and after taking into account that the exemption is in the public interest and is not likely to affect aviation safety or security, I hereby exempt air operators conducting medical evacuation flights within Canada pursuant to Subpart 5 of Part VII of the Canadian Aviation Regulations (CARs), from the requirements of subsection 700.119(1) of the CARs, subject to the conditions stated below.

Subsection 700.119(1) of the CARs is reproduced in Appendix A.

Purpose

The purpose of this exemption is to permit air operators conducting medical evacuation flights within Canada, under Subpart 5 of Part VII of the CARs, to provide each flight crew member with time free from duty of one period of at least four (4) consecutive calendar days within each nineteen (19) consecutive days, in addition to the current options contained in paragraph 700.119(1) of the CARs. Additionally, all three free from duty options are presented as exclusive to one another.

Application

This exemption applies to air operators conducting medical evacuation flights within Canada, using an aircraft pursuant to Subpart 5 of Part VII of the CARs.

The definition of “medical evacuation flight” as found in CARs section 101.01, is reproduced at Appendix A of this exemption.

This exemption ceases to apply to an air operator conducting medical evacuation flights within Canada, using an aircraft pursuant to Subpart 5 of Part VII of the CARs, who breaches one condition of the exemption.

Conditions

This exemption is subject to the following conditions:

1. The air operator shall provide each flight crew member with the following time free from duty:
   1. one period of at least 36 consecutive hours within each 7 consecutive days; or
   2. one period of at least 3 consecutive calendar days within each 17 consecutive days, or;
   3. one period of at least 4 consecutive calendar days within each 19 consecutive days.

Validity

This exemption will become effective on December 12, 2020 at 00:01 EST, and will remain in effect until the earliest of the following:

1. December 12, 2025 at 23:59 (EST); or
2. The date on which an amendment to the appropriate provisions of the CARs comes into effect; or
3. The date on which this exemption is cancelled, in writing, by the Minister, where he is of the opinion it is no longer in the public interest or is likely to affect aviation safety or security.

Dated at Ottawa, Ontario, Canada, this 15^th day of December 2020, on behalf of the Minister of Transport.

“Original signed by”

Nicholas Robinson

Director General
Civil Aviation
Transport Canada

Appendix A

medical evacuation flight means a flight that is carried out for the purpose of facilitating medical assistance and on which one or more of the following persons or things is transported:

• (a) medical personnel,
• (b) ill or injured persons,
• (c) human blood products or organs,
• (d) medical supplies.

Time Free from Duty

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

• (a) at least 36 consecutive hours in 7 days; and
• (b) at least 3 consecutive days in 17 days.