Transport Canada is revisiting the controversial flight and duty regulations and fatigue risk management systems (FRMS) following industry backlash since the new rules were enacted in December 2022.
“We don’t always get it right the first time around, and when you look at fatigue management, I think that was a clear example,” said Tara Preston, acting associate director general of civil aviation at Transport Canada, addressing a packed audience at the Helicopter Association of Canada’s (HAC) annual Convention and Trade Show in Vancouver, B.C., last month.
Preston, who recently stepped into her role in September, noted the release of Transport Canada’s “What We Heard” report, summarizing feedback from prior consultations.
Although little was discussed on next steps following the release of the report, Preston confirmed the Canadian Aviation Regulation Advisory Council (CARAC) will hold further consultations soon, using the report as its roadmap.
Feedback emphasized that the original regulations were overly complicated, filled with complex formulas, and hard to interpret. “Some of the messaging … was that the definitions needed clarity … they were just overly complex,” Preston noted.
Established as an alternative solution to the prescriptive flight and duty regulations, operators can opt to create their own system to track crew fatigue. However, HAC president and CEO Trevor Mitchell underscored the complexities of initiating an FRMS and the industry’s struggle with submitting a Notice of Intent (NOI).
During the one-hour session with Transport Canada, Canadian helicopter operators used the opportunity to express other concerns to the agency — many of which were recurring themes from last year’s convention.
This included the influx of foreign ex-military restricted-category aircraft, including Sikorsky UH-60 Black Hawks, Boeing CH-47 Chinooks, and Sikorsky CH-54s, entering Canada under various regulatory mechanisms like foreign air operator certificates (FAOCs).
Mitchell pointed out the uneven playing field created by putting Canadian operators at a competitive disadvantage, calling for policy changes to address the regulatory loopholes.
Medical certification woes
Pilot medicals also sparked heated discussions. Preston maintained that Transport Canada adheres to a 40-day service standard for medical certifications, stating the agency is “doing a great job” in this regard. Operators, however, disagreed, sharing stories of pilots facing extensive delays.
“We’re seeing this become a huge issue,” Mitchell emphasized, recounting cases such as a pilot who was grounded for over a year due to minor car accident injuries, or others who sought mental health support.
“If this continues, it will drive [mental health issues] under the carpet. People won’t deal with it and then we’ll have some real issues on the mental health side,” Mitchell said. “We’ve got men and women who aren’t critically ill. They see doctors and come back with this complex label. This is something we don’t have tolerance for in our flight crew — to have healthy people grounded.”
He argued that non-severe health concerns should not lead to indefinite grounding. Preston responded, noting, “Point taken … There is certainly a willingness to up the service standards to the extent that we can.”
Challenges with Class D HEC operations
Class D human external cargo (HEC), which involves transporting people outside a helicopter either above or below the landing gear, has its own set of stringent rules.
Helicopter operators are allowed to carry Class D HEC only if they use a multi-engine helicopter that can hover with one engine inoperative (OEI) at the current weight and altitude, known as a Category A helicopter.
Additionally, operators must have authorization in their air operator certificate (AOC) and adhere to the relevant Commercial Air Services Standards (CASS).
According to the Canadian Aviation Regulation (CAR), operators can also use a Category B helicopter — either a single-engine or a multi-engine aircraft without OEI capability — if they have AOC authorization and meet the CASS requirements, which include several additional conditions for carrying Class D HEC loads.
Mitchell warned that the Class D HEC rules are affecting critical rescue and aerial firefighting missions. “We can’t do a complete overhaul of the Canadian fleet overnight,” he said, noting the need for a more consistent interpretation of these regulations.
Preston clarified that while regulations don’t allow single-engine helicopters to insert personnel for rescue missions, they can be used to extract them. However, Mitchell argued that’s not how rescue missions work. “You have to bring in a rescuer in order to accomplish the rescue.”
He called for better understanding and education on these operations within Transport Canada.
Other pressing topics highlighted during the convention included 5G, ADS-B, 703 working group, safety management systems, remotely piloted aircraft systems (RPAS), tension torsion straps, and changes in aircraft maintenance engineer (AME) training, among other issues.
