Transport Canada Proposes New Fatigue Rules

This article is outdated. For the most up-to-date information on Canada’s pilot fatigue regulations, visit tiredpilots.ca.

This September, Transport Canada tabled a proposal to update the existing fatigue rules for flight crew. These new rules aim to align more closely with the science of fatigue and follow the lead of other countries, including Australia, the United States, India, the UAE, the UK, and the EU.

The proposed rules would limit the duty of crew members based on more dynamic factors rather than fixed limits. They consider variables such as the time of duty report in the crew member's home time zone and the number of legs the crew member operates. For example, duty limits will be more restrictive for crew members reporting for duty during early morning, late afternoon, or night shifts compared to mid-morning shifts.

Public Consultation and Implementation

Transport Canada’s proposal is open for public comments and suggestions as the final drafts are prepared. It may take time before these rules are incorporated into the Canadian Aviation Regulations. Additionally, there will be a transition period for parts of the industry to adjust. For example, 705 and 704 operators will have less time to comply than 703 and 702 operators, as the latter will face more significant changes.

Key Changes in the Proposal

  • Maximum duty time will be capped at 13 hours, compared to the current 14 hours.
  • Weekly flight hour limits will be removed.
  • Weekly and monthly duty limits will be introduced.
  • Monthly flight hours will have a hard stop at 112.
  • Annual flight hours will be reduced from 1,200 to 1,000.
  • Split duties will become more flexible.
  • Unforeseen circumstances will be more detailed.
  • Time free from duties will be revised and clarified.
  • Additional rest will be provided for disruptive schedules (e.g., significant changes in report times).
  • Additional rest times will be required for pilots crossing time zones.
  • Additional rest will be mandated for pilots flying at night during low-performance periods.

Fatigue Facts

  • The risk of accidents or incidents doubles after a 10-hour shift compared to an 8-hour shift and triples after a 16-hour shift.
  • Human performance is significantly degraded between 2 a.m. and 6 a.m.
  • Increasing the workload (e.g., adding more sectors) has a measurable impact on fatigue. For instance, increasing from one sector to four is equivalent to adding 2.77 hours of duty time.
  • Working 12-hour shifts raises the hazard rate by 37%; working 60-hour weeks increases it by 23%.
  • Studies indicate that the average person needs 12 hours free from duties to manage life tasks and achieve eight hours of sleep.
  • Successive night shifts increase risk, with a 6% higher risk on the second night, 17% on the third night, and 36% on the fourth night.

Nutrition

When a flight duty period exceeds six hours, operators must provide the flight crew with food and drink opportunities every six hours.

Flight Duty Period (FDP)

  • FDP will be restricted based on the time of duty report and the planned number of sectors.
  • Crew members not acclimatized to a new time zone will follow their last acclimatized time zone for duty limits.
  • Acclimatization:
    • In time zones up to four hours different: 72 consecutive hours of rest to acclimatize.
    • In time zones more than four hours different: 96 consecutive hours of rest to acclimatize.

702 Operators

  • Duty can extend to 13 hours if the operator provides:
    • Nine hours of sleep opportunity within 24 hours.
    • Five hours of sleep opportunity between 8 p.m. and 6 a.m. local time.
    • Five consecutive 24-hour periods free from duty in 28 days.

Proposed Maximum Duty Times

  • Single-pilot operations: 8 hours in 24 hours.
  • Multi-pilot operations vary based on sectors and unforeseen circumstances.


Unforeseen Circumstances

  • Duty extensions are capped:
    • Single pilot: 1-hour extension.
    • Unaugmented crew: 2-hour extension.
    • Augmented crew with one sector: 3-hour extension.
    • Augmented crew with 2–3 sectors: 2-hour extension.
  • Minimum rest periods will be extended proportionally to duty extensions.

Delayed Reports

  • Delayed reports under four hours: The more restrictive duty time applies.
  • Delayed reports over four hours: Duty starts four hours after the original report.
  • Delayed reports over ten hours: The elapsed time is considered a rest period if the crew is not disturbed further.

Cumulative Duty Hour Limits

  • 1,928 hours in 365 days.
  • 190 hours in 28 days.
  • 60 hours in seven days (option 1 for time free from duty).
  • 70 hours in seven days (option 2 if no disruptive duties occur).

Positioning and Split Duty

  • Positioning before operating counts toward FDP limits.
  • Positioning after operating requires proportional rest periods.
  • Split duty breaks can extend FDP limits, provided breaks meet specific conditions (e.g., 60-minute minimum in suitable accommodation).

Rest Periods

  • Minimum 12 hours of rest at home base.
  • Minimum 10 hours of rest in suitable accommodations away from home base.
  • Rest periods extended proportionally to duty period extensions.

Time Free from Duty

Option 1:

  • One day off every seven days.
  • Four days off every 28 days.

Option 2:

  • Five consecutive days off every 20 days.

Disruptive Schedules and Time Zone Differences

  • Additional rest is required for schedules transitioning between late, early, and night duties.
  • Rest requirements vary based on time zone differences and time away from home base.

Standby

  • Standby periods require notice and have strict limits:
    • Maximum 14 hours.
    • Rest requirements between standby periods.

Conclusion

These proposed changes aim to enhance safety by addressing the science of fatigue and harmonizing Canadian regulations with international standards. While implementation may take time, they represent a significant step forward for aviation safety in Canada. For full details, visit Transport Canada’s proposal.

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