Canadian Aviation Regulations · SOR/96-433
Fitness for Duty
You must not begin a flight duty period if you've told the operator you're too fatigued to be fit for duty, and you must speak up as soon as you become unfit during one. Only the flight crew member can make that call.
Applies to 703704705 · in force since December 12, 2020
Fit for duty is defined in CARs 101.01: your ability to act as a flight crew member “is not impaired by fatigue, the consumption of alcohol or drugs or any mental or physical condition.” Only the flight crew member can decide whether they are fatigued to that extent (AC 700-047 § 4.2).
Before an FDP
If, before the FDP begins, you tell the operator you’re fatigued to the point of not being fit for duty, the operator must not let you start it (700.26(1)). If you realise it before reporting, tell the operator as soon as you can (AC 700-047 § 4.11).
During an FDP
- Two or more crew: tell every other flight crew member and the operator as soon as you’re aware you’ve become unfit (700.26(2)). On the ground, you’d be removed from flight duty; airborne, the other pilot manages the flight to a safe landing (AC 700-047 § 4.12).
- Single pilot: advise the operator immediately, or — if airborne — as soon as possible after landing (700.26(3); AC 700-047 § 4.13).
Reporting limit breaches and missed rest
- If you (or anyone) become aware that an assignment would exceed the maximum flight time, FDP or hours of work, tell the operator as soon as possible (700.26(4)).
- If a required rest period or time free from duty wasn’t granted, tell the operator as soon as possible (700.26(5)).
Unfit for the assigned duty but fit for a shorter one?
The CARs don’t address partial fitness. See Unfit for one duty but fit for another.
Related
Regulation text — CARs 700.26
Reproduced from the consolidated Canadian Aviation Regulations ( SOR/96-433) on the Justice Laws website. CARs 700.26
700.26 (1) An air operator shall not 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 they are fatigued to the extent that they are 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 they have become fatigued during a flight duty period to the extent that they are 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 they have become fatigued to the extent that they are not fit for duty, they shall advise the air operator immediately or, if the aircraft is in flight, as soon as possible after the aircraft has landed.
(4) If 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 number of hours of work being exceeded, the member or other person shall advise the air operator as soon as possible.
(5) If 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 possible.
What changed in 2018
In plain language
The 2018 rules make the crew member's self-declaration explicit: an operator must not let a fatigued crew member start an FDP, and there are clear duties to report becoming unfit, and to report assignments that would breach the limits.
Paraphrased from Advisory Circular 700-047 .