Advanced Qualification Program Evaluator Manual TP 14672

CHAPTER 1 – AQP EVALUATOR PROGRAM (AQPEP)

1.1 Program Description

1.1.1 The AQP Evaluator Program (AQPEP) allows an air operator the opportunity to develop and maintain a program of AQP Validations and Evaluations independent of the availability of Transport Canada Civil Aviation Inspectors (hereafter referred to as TC Inspectors).

1.1.2 The AQPEP consists of AQP Evaluators (hereafter referred to as "evaluators"), who have been delegated the authority to conduct AQP Validations (hereafter referred to as "validations") and/or AQP Evaluations (hereafter referred to as "evaluations") on behalf of the Minister. The types of evaluators and their specific authorities are described in Chapter2.

1.1.3 An evaluator may be authorized to conduct validations and evaluations on up to three types of aircraft operating under CAR subparts 702, 703, 704 or 705.

1.1.4The Issuing Authority may limit the number of aircraft types on an evaluator's Delegation of Authority, or restrict aircraft models within a type or group, for any of the following reasons:

  1. automation and technology,

    An example of this would be models of aircraft within a type that employs systems such as Flight Management Systems, EFIS, navigation systems such as GPS, or other technologies, where the AQP Evaluator candidate does not have sufficient experience to effectively evaluate the performance of the pilot or crew using these types of systems.
  2. types and complexity of flight operations of the air operator.

    As flight operations become more complex, the use of SOPs becomes increasingly important thus requiring evaluators to have a comprehensive knowledge of procedures used by the crews they are evaluating.

1.1.5To make application for an evaluator, an air operator shall have a satisfactory safety record and have in place, or be in the process of implementing, an approved AQP able to provide satisfactory programs for training and record keeping.

1.1.6An AQP Evaluator delegation is an official authorization to conduct evaluations that is conditional upon the qualification of the person and the continued requirement for assistance to carry out the powers, duties and functions of the Minister.

1.1.7Accreditations are subject to 6.71 (1) of the Aeronautics Act, which states in part..."The Minister may refuse to issue or amend a Canadian Aviation Document (CAD), on the grounds that:

  1. the applicant is incompetent;
  2. the applicant..."in respect of which the application is made does not meet the qualifications or fulfill the conditions necessary for the issuance or amendment of the document"; or
  3. the Minister considers that the public interest – which may include the aviation record of the applicant...– "warrants the refusal."

1.1.8Cancellation, suspensions or refusal to renew an AQP evaluator's delegation is further detailed in section2.6. A suspension or a refusal to issue may be appealed before the Transportation Appeal Tribunal of Canada.

1.1.9The number of evaluators and their conduct of validations and evaluations are closely monitored by and at the option of Transport Canada. ATC Inspector may conduct any of the validations and evaluations referred to in this manual. TC Inspectors may also monitor any evaluator conducting any evaluation.

1.1.10Validations and evaluations conducted outside Canada by TC Inspectors will be subject to cost recovery as per the existing policy on Cost Recovery for Regulatory Services Provided Outside Canada as detailed in the Air Carrier Inspector Manual TP 3783.

1.2 Evaluators

1.2.1 An evaluator will be authorized to conduct validations and evaluations on an air operator's pilot employees.

1.2.2 An evaluator may be:

  1. an employee of an air operator who flies as a pilot-in-command, second-in-command or cruise relief pilot during routine company flight operations and who maintains a high degree of proficiency in the type(s) of aircraft and type(s) of operation for which the evaluator will be engaged in performing validations and evaluations, or
  2. an individual who has been specifically contracted by an air operator to perform validations. This individual will maintain a high degree of proficiency in the type(s) of aircraft and types(s) of operation for which the evaluator will be engaged in performing validations.

    Provision is made for evaluators who do not have their medical category to conduct validations and evaluations in simulators only. Refer to section2.11 and 12.2.

1.2.3 An evaluator can conduct validations and evaluations only on pilot employees from the specific company designated in their AQP Evaluator Delegation of Authority.

1.2.4Although an evaluator is the holder of an AQP Evaluator Delegation of Authority, an evaluator requires the authority of the air operator to conduct a validation or evaluation on behalf of the Minister.

1.2.5Companies employing evaluators assume responsibility to ensure that the evaluator's authority is valid before scheduling them to conduct a validation or evaluation. An air operator must also maintain records pertaining to the evaluator's activities. These requirements are specified in section7.1.

1.2.6Evaluator qualifications, initial requirements and currency requirements are specified in Chapter12 of this manual and the process for obtaining the required approvals is specified in section3.1.

1.3 Authorized Persons

1.3.1 The Authorized Person Training Program for Evaluators has been implemented to streamline the licensing process by authorizing evaluators to annotate a pilot's credentials thus allowing the pilot to exercise the privileges of their new or renewed aircraft type and/or instrument rating immediately upon meeting all associated requirements, while waiting for the issue of their formal document.

1.3.2 A Type E Evaluator (see section2.3) will qualify to be an Authorized Person upon completion of an AQP Evaluator Initial Training Course. The Authorized Person delegation will be made through issuance of the Type E Evaluator Delegation of Authority. Completing the Approved AQP Evaluator Recurrent Academic Training Course automatically renews the Authorized Persons delegation.

1.4Conflict of Interest

1.4.1 Conflict of Interest is defined as any relationship that might influence an evaluator to act, either knowingly or unknowingly, in a manner that does not hold the safety of the traveling public as the primary and highest priority.

1.4.2 All evaluators are held to be in a perceived conflict of interest in that they are simultaneously employees (regular or contract) of the company and delegates of the Minister when performing their checking duties. To avoid a real conflict of interest, it is imperative that evaluators strictly adhere to the policy and guidelines contained in this manual. Lack of adherence to the manual may result in a suspension or cancellation of an evaluator's AQP Evaluator Delegation of Authority.

1.4.3 When conducting validations and evaluations for an air operator, the following are examples (not exhaustive) of situations that could be considered as a possible conflict of interest between the evaluator and his/her delegated authority:

  1. level of the evaluator's financial interest in the company;
  2. the evaluator's direct involvement in company ownership;
  3. the evaluator owning a substantial number of voting shares of the company;
  4. the evaluator's level of involvement with a pilot union or association:
  5. the relationship between the evaluator and the candidate;
  6. the evaluator having family ties with company owners; and
  7. any privileges or favors which could bias the evaluator's ability to conduct his or her duties objectively.

1.4.4In order to determine whether a candidate's conflict of interest is real or perceived, each candidate shall declare on their résumé (which must be attached to their application form), any conflict of interest of which they have knowledge, and shall be prepared to discuss at each annual monitor thereafter, any change to their status in this regard. Furthermore, a company shall review the status of each evaluator periodically to ensure that they are not in any conflict of interest. The results of this review shall be recorded in the evaluator's file.

1.4.5Should any evaluator come into a situation that he or she feels might constitute a real conflict of interest, a full report of the circumstances shall be immediately submitted to the Issuing Authority for review.

1.4.6The final authority for deciding whether there is any conflict of interest that might affect the evaluator's ability to conduct validations/evaluations in an impartial manner rests with the Issuing Authority. Interest in a company will not automatically disqualify a candidate from receiving evaluator authority. The approving authority will assess every case with consideration given to all circumstances involved.

1.4.7It must be stressed that any effort by an air operator to influence or obstruct an evaluator in the course of fulfilling their obligations to the Minister will result in the forfeiture by the air operator of the privilege of employing evaluators. The validity of any validations and evaluations performed by the affected evaluator will be revoked.

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