Advanced Qualification Program Evaluator Manual TP 14672
CHAPTER 2 – AQP EVALUATOR DELEGATION POLICY AND AUTHORITIES
2.1.2 The Issuing Authority may issue AQP Evaluator Delegation of Authority to qualified personnel.
2.1.2 Under the Aeronautics Act, evaluators are holders of a Canadian Aviation Document (CAD) by virtue of the authority delegated to them. This Delegation of Authority (AppendixB: AQP Evaluator Letter of Authority) is issued to the evaluator authorizing evaluator duties subject to the conditions listed therein. Evaluators must be constantly aware that they perform their evaluation duties as delegates of the Minister in accordance with section 4.3(1) of the Aeronautics Act.
2.2.1 There are three different types of AQP evaluators. Each type of AQP evaluator has a specific Transport Canada authorization, called Ministerial delegation, which allows the individual to assess an AQP validation or evaluation. The three types of AQP evaluators are:
- Type E Evaluator
- Type V Evaluator
- Type O Evaluator
2.3.1 A Type E Evaluator is a person who is authorized by the Minister to administer and conduct Line Operational Evaluations (LOE), Manoeuvres Validations (MV) First-Look Manoeuvres (FLM) and Online Evaluations (OE).
2.3.2 An experienced Type E Evaluator who has lost his or her medical category may be authorized to continue conducting validations and evaluations in simulators only. Refer to section2.11. These individuals must maintain line currency through an alternate program that consists of a minimum of four sectors every six months, flown as an observer (in the jump seat) in the aircraft for which the AQP Evaluator Delegation of Authority is issued.
2.3.3 A Type E Evaluator is also deemed to be an Authorized Person and may endorse pilot licenses for instrument rating privileges and type ratings. These endorsements are valid for 3 months.
2.4.1 A Type V Evaluator is a person who is authorized by the Minister to administer and conduct Manoeuvres Validations (MV) and First-Look Manoeuvres (FLM).
2.4.2 Type V Evaluators who do not hold a current medical or are not permitted to fly as line pilots with the air operator (Contract Evaluators) must maintain line currency through an alternate program which consists of a minimum of four sectors every six months, flown as an observer (in the jump seat) in the aircraft for which the AQP Evaluator Delegation of Authority is issued.
2.5.1 A Type O Evaluator is a person authorized by the Minister to administer and conduct Online Evaluations (OE).
2.6.1 Evaluators may be authorized to conduct validations and evaluations as indicated in the following table:
|Evaluation/Type of Evaluator||Type E||Type V||Type O|
|Line Operational Evaluation (LOE)||X|
|Manoeuvres Validation (MV)||X||X|
|First-Look Manœuvres (FLM)||X||X|
|Online Evaluation (OE)||X||X|
2.7.1 An evaluator’s delegation of authority to act on behalf of Transport Canada does not extend beyond the authorities listed in the individual’s AQP Evaluator Letter of Authority.
2.7.2 The same evaluator may conduct a re-test of an unsatisfactory Manoeuvres Validation (MV) or Line Operational Evaluation (LOE) provided TC is informed. A second re-test of an unsatisfactory MV or LOE shall be conducted by a TC Inspector.
2.7.3 Subject to paragraph 2.7.5 an evaluator shall not conduct a validation or evaluation in a simulator on a candidate to whom he/she has given the majority of initial or upgrade simulator training, and/or the last training session prior to the MV or LOE.
2.7.4In the Continuing Qualification Curriculum, an evaluator may conduct both the MV and LOE on the same candidate. Where this occurs, the next LOE should be conducted by a different evaluator, or if none is available, a TC Inspector.
2.7.5An evaluator will not conduct a LOE on a TC Inspector unless specific authority has been granted by the RMCBA, Chief, Airline Inspection or Chief, Operational Standards.
2.8.1 An evaluator’s privileges will be invalid when:
- the evaluator’s license has expired or become invalid (Training and/or Evaluation Period expired);
the evaluator’s medical certificate has expired or become invalid;
Refer to section2.11 for authority to conduct validations/evaluations in a simulator only.
- the evaluator’s Instrument Rating has expired; or
the validity of the Approved AQP Evaluator Recurrent Academic Training Course (including Inter-Rater Reliability or Referent Rater Reliability) has expired.
Note:The above conditions do not apply to type V Evaluators not employed by the air operator and who have held a valid ATPL.
2.8.2 In addition to the requirements specified in 2.8.1, a Type E Evaluator’s privileges will be invalid when:
- the Type E Evaluator’s LOE has not been conducted within the period required, or
- the validity period of the Type E Evaluator Monitor described in section6.2 has expired.
2.8.3 In addition to the requirements specified in 2.8.1, a Type V Evaluator’s privileges will be invalid when:
- the Type V Evaluator’s LOE has not been conducted within the period required, or
- the validity period of the Type V Evaluator Monitor described in section6.4 has expired.
2.8.4In addition to the requirements specified in 2.8.1, a Type O Evaluator’s privileges will be invalid when the validity period of the Type O Evaluator Monitor described in section6.6 has expired.
2.8.5Where an evaluator’s authority becomes invalid due to an expired Approved AQP Evaluator Recurrent Academic Training Course, Evaluator Monitor or LOE, any validations and evaluations conducted by an evaluator in the period during which their authority was invalid may be considered valid by the Issuing Authority if:
- there is no prior history of the evaluator conducting validations and evaluations without a valid Recurrent Training Course, Monitor or LOE; or
there is no prior history of any evaluator in the same company conducting validations and evaluations without a valid Recurrent Training Course, Monitor or LOE.
Note:If there are any concerns pertaining to the validations or evaluations in question, the Issuing Authority should invalidate these validations or evaluations and ensure that all requirements are met before accepting any new validations or evaluations.
2.9.1 The Issuing Authority will issue a Letter of Revocation (AppendixF) to an evaluator where:
- an air operator advises Transport Canada that the authority is no longer required; or
Transport Canada determines that an evaluator authority is no longer required.
Note: It is intended that this provision be exercised only where revocation of the evaluator authority is non-contentious.
2.10.1 The Issuing Authority may, pursuant to 7.1(1) of the Act, cancel an AQP evaluator’s authority to conduct validations or evaluations on the basis of any of the following:
- a record of conviction of an offence punishable on summary conviction under 7.3 of the Aeronautics Act or two or more convictions, occurring during separate unrelated events, under the Canadian Aviation Regulations;
- evidence of malpractice or fraudulent use of the designation.
2.10.2 The Issuing Authority may, pursuant to 7.1(1) of the Act, suspend, refuse to renew, or refuse to issue an AQP evaluator’s authority to conduct validations or evaluations on the basis of any of the following:
- upon the written request of the AQP evaluator;
- when there is no longer a need for the AQP evaluator’s services;
a record of violation of the Canadian Aviation Regulations resulting in one or both of the following penalties:
- an administrative monetary penalty assessed in accordance with sections 7.6 to 8.2 of the Aeronautics Act, where there has been a violation of a designated provision; or
- the suspension of a Canadian Aviation Document in accordance with section 6.9 of the Act, in respect of any contravention of a provision of Part 1 of the Act.
- the need to investigate the circumstances following an incident or accident;
- the AQP evaluator no longer complies with the conditions of issuance regarding location within a Transport Canada Region or affiliation with a Commercial company, as applicable;
- failure to attend a required AQP Evaluator recurrent course;
- failure to maintain an Instrument Rating except where allowed;
- unacceptable performance in any phase of AQP Evaluator duties or responsibilities, including the inability to accept or carry out the supervising principal inspector’s instructions;
- the need for repeated direction in the proper conduct and administration of validations or evaluations;
- failure to conduct validations or evaluations in accordance with the instructions, techniques and procedures set forth in the AQP Evaluator Manual;
- for any reason the Issuing Authority considers appropriate and in the public interest.
2.10.3 When it has been alleged that any evaluator has acted in a manner specified in 2.10.2, the Issuing Authority shall, prior to making a final decision in the matter, ensure:
- a comprehensive report from an Inspector who has investigated the matter has been submitted for consideration; and
- the evaluator and where applicable, the air operator in question have been given a formal opportunity to respond to the allegations, either verbally or in writing.
2.10.4If the decision of the Issuing Authority is to suspend or cancel the evaluator’s authority, a notice of suspension or cancellation shall be issued to the evaluator in accordance with section 7.1(1)(b) or (c) of the Aeronautics Act. Evaluators are entitled to procedural safeguards, under the Aeronautics Act, including recourse to the Transportation Appeal Tribunal of Canada (TATC).
2.11.1 The Issuing Authority may consider the reinstatement of suspended accreditation at any time deemed appropriate where it is in the interest of need and service to the public. The criteria for initial accreditation will have to be met.
2.12.1 The powers to suspend, cancel, refuse to renew or refuse to issue a CAD are set out in the Aeronautics Act, as amended. The four distinct grounds for the powers are as follows:
- to suspend or cancel for contravention of any provision in Part 1 of the Act or the regulations made under the Act [e.g. the Canadian Aviation Regulations (CARs)];
- to suspend on the grounds that an immediate threat to aviation safety exists or is likely to occur;
to suspend, cancel, refuse to renew or refuse to issue on the grounds of:
- ceasing to meet the qualifications or to fulfill the conditions of issuance of the document; or
- public interest reasons;
- to suspend, refuse to renew or refuse to issue for failure to pay monetary penalties for which the Tribunal has issued a certificate of non-payment.
2.12.2 The document holder has the right to request a review of the Minister’s decisions to suspend, cancel or refuse to issue or renew a CAD, by the Transportation Appeal Tribunal of Canada (TATC).
The TATC may be contacted at:
Transportation Appeal Tribunal of Canada
333 Laurier Avenue West
12th Floor, Room 1201
2.13.1 Where an evaluator’s medical category expires or where the Minister has suspended or refused to renew an evaluator’s medical certificate, the evaluator may obtain authority to continue with evaluator duties, in a simulator only, provided an application form is submitted as required by paragraph 3.2.1(b).
2.13.2 Evaluators granted evaluation (simulator only) authority must continue to be employed by the air operator who nominated them as an evaluator.
2.13.3 Evaluators who do not hold a current medical category must maintain line currency through an alternate program, which consists of a minimum of four sectors every six months, flown as an observer (in the jump seat) in the aircraft to which the AQP Evaluator Authority is issued.
2.13.4It should be noted that provision is made for the initial appointment of Type V Evaluators who do not hold a current medical category. These details are explained in section12.2.
2.13.5The air operator must ensure that the percentage of Type E Evaluators for each fleet who do not hold a valid medical category does not exceed 15%.
2.13.6A Type E Evaluator who does not hold a valid medical may not revise or add an aircraft type to their AQP Evaluator Delegation of Authority.
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