Transport Canada is addressing industry feedback and concerns about proposed flight and duty time regulations and fatigue risk management systems (FRMS) for Subpart 703 (air taxi) and 704 (commuter) operators. Its recently released FRMS preliminary issue and consultation assessment (PICA) report outlines and gives responses to this feedback and also indicates that Transport Canada plans to hold focus groups and consultations, explore pilot projects, and work with data analytics companies to address these issues and improve regulations.
Subparts 703 and 704 operators, who accounted for most of the submissions to the PICA, cited high costs (more than $40,000) as a barrier for implementing FRMS. In general, they find the proposed FRMS program incompatible with their operations and seek simpler, clearer regulations. Feedback overall indicates operators agree on aligning with ICAO standards but express concerns about the practical implementation and approval process of FRMS.
“After reviewing and analyzing the PICA submissions, Transport Canada understands that the FRMS framework does not lend itself to unscheduled operations and the issues that these operators are raising are more reflective of potential opportunities to improve the prescriptive regulations,” the report states, “whereas the comments regarding the FRMS regime lend themselves to areas of improvement to fine-tune, streamline, and align with ICAO.”
Submissions to the PICA also criticized the current approach to fatigue data and safety case validations, advocating for more scientifically valid methods and statistical analysis. Issues were raised about definitions such as local night’s rest, home base, commuting, duty time versus flight duty period, and on-call/standby periods, seeking more practical and flexible interpretations. Respondees find the regulations on maximum duty and flight times inconsistent and not reflective of real-life operations.
Operators also requested more inclusive definitions for emergency operations to allow smoother transitions and avoid financial penalties. They also raised concerns about the timeliness and administrative burden of the notice of intent process, suggesting a focus on broader operations rather than individual flights. Challenges in transitioning between different types of operations were highlighted, with calls for more streamlined regulations.
“Transport Canada recognizes the complexities, inconsistencies, and practicalities of the application of certain regulatory definitions and concepts,” the report states. “As a result, Transport Canada will be exploring improvements that may be possible without [compromising] aviation safety through focus groups this fall and into winter 2025.”
It will make further information available through the Canadian Aviation Regulation Advisory Council.