Chapter 1. General


1.6  Delegation Concepts and Principles

The foundations of the delegation system are based on the following delegation concepts and principles which were developed at the first Delegations Workshop. These concepts and principles should be reflected in the Delegates Design Approval Procedures or Engineering Procedures Manual.

1.6.1  Concepts

The underlying concepts of our Delegation system are:

  1. Delegation is a privilege and not a right. As such, TCCA and Delegates must have a shared commitment to safety. For delegation to work Industry must be as interested in and committed to safety as the Minister.
     
  2. Through Delegation the Minister has access to both a broader range and increased number of qualified certification personnel.
     
  3. Delegation is one means that may be used to expedite certification project approvals.
     
  4. Approvals and findings of compliance made by Delegates are approvals and findings by the Minister. When a Delegate makes a finding of compliance it is considered no different than if TCCA made that finding. Most Airworthiness authorities including the FAA and the JAA, accept our system of Delegation.
1.6.2  Principles

The operating principles that TCCA and Delegates should adhere to are:

  1. Delegates should be given the scope and extent of delegation for which they are qualified and for which their capability has been demonstrated.
     
  2. Delegates and Transport Canada must be aware of and in agreement with the scope of authority provided. If the Scope of Authority is not clear to TCCA or the Delegates, then clarification is required so that it is understood. If a Delegate is unprepared to accept the delegated responsibility as defined, then the scope of authority must be revised accordingly.
     
  3. Delegates making compliance findings and approvals on behalf of the Minister must use the Regulations, Standards, Advisories and Interpretations approved or accepted by the Minister.
     
  4. Delegates should conduct the same level of investigation irrespective of whether a finding of compliance or a recommendation for approval is made.
     
  5. Delegates are responsible to the Minister for the performance of their authorized functions.
     
  6. TCCA retains responsibility for delegated activities. However, TCCA along with Design Approval Organizations and Airworthiness Engineering Organizations, have a shared responsibility for the function of Delegates.
     
  7. A delegate cannot devolve any responsibility for authorized functions as outlined in their individual letter of authorization. Delegation is made to an individual based on that individuals capabilities, skills, and knowledge and as such a delegate cannot have a subordinate make a finding of compliance on their behalf. However subordinates can assist a delegate. This is expressed in the legal maxim "delegatus non potest delegare" (a delegate cannot delegate).
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