Airworthiness Chapter 505 - Delegation Of Authority - Canadian Aviation Regulations (CARs)

Table of contents

Content last revised: 1997/11/04

Statutory Authority

This chapter contains procedures and conditions where, pursuant to subsection 4.3(1) of the Aeronautics Act, the Minister may authorize persons to act on his behalf with respect to the airworthiness of aeronautical products. Subsection 4.3(1) of the Aeronautics Act states that:

“The Minister may authorize members of the Royal Canadian Mounted Police or any other person to exercise or perform, subject to such restrictions or limitations as the Minister may specify, any of the powers, duties or functions of the Minister under this Part except, subject to subsection (3), any power conferred on the Minister by the Governor in Council to make regulations or orders.”

Preamble

First Edition

Effective: January, 1986

This Chapter will form the basis for issuing delegation of authority to specific persons and organizations to perform specific functions on behalf of the Minister of Transport. Each subchapter contains information on delegation of authority for a specific purpose and the subchapter and section titles are published in the table of content. The procedures contained in this chapter will apply to all applications for delegation of authority. To provide advice and guidance for complying with the procedures, Airworthiness Manual Advisories will be issued for this chapter as they become available. Any questions related to this chapter may be addressed to the attention of the Regional Director, Airworthiness, at the nearest DOT regional airworthiness office.

Change 505-1

Effective: May 2, 1988

This change introduces Subchapter “B” entitled “Airworthiness Engineering Organization” and Subchapter “E” entitled “Design Approval Organization”. The section numbers in subchapter “D” have been changed to the 300 series, because they were incorrectly numbered in the original publication.

Change 505-2

Effective: October 16, 1990

This change provides for an increase in the scope of the delegation of authority that may be given to certain Airworthiness Inspection Representatives in Subchapter 505D and related information in AMA 505D/1.

Note 1: The introduction of the original publication has been replaced by a statement of Authority and a Preamble to this chapter.

Changes are identified by brackets [ ], editorial alterations and typographical corrections will not be identified.

Change 505-3

Effective: June 17, 1992

This change introduces Subchapter 505F - Flight Permit Authorization and AMA 505F/1. This Subchapter provides the instruction and procedures for applying for the privilege of issuing ferry flight permits on behalf of the Minister. In addition they provide the procedures for the issue of ferry flight permits and instructions regarding the conditions and limitations which must be imposed. Changes are identified by brackets [ ], editorial alterations and typographical corrections will not be identified.

Change 505-4

Effective: November 30, 1993

This change introduces Subchapter 505C entitled “Design Approval Representative” and associated AMA 505C/1. The Statutory Authority is changed to reflect the current numbering of the Aeronautics Act. Changes are identified by brackets [ ], editorial alterations and typographical corrections will not be identified.

Amendment 505-5

Effective: 1 May 1996

This amendment introduces Subchapter 505H entitled “Airworthiness Inspection Representative - Amateur-Built Aircraft”. In addition the word “Amendment” will henceforth replace “Change” (eg Amendment 505-5 rather than Change 505-5). Changes are identified by brackets [ ], editorial alterations and typographical corrections will not be identified.

Change 505-6

Published: December 1, 2009

As part of the amendments tabled to support introduction of Part V Subpart 21 of the Canadian Aviation Regulations (CAR 521) a Notice of Proposed Amendment had been tabled to withdraw all of Chapter 505 of the Airworthiness Manual. It was intended that Subchapter B – Airworthiness Engineering Organization, Subchapter C – Design Approval Representative and Subchapter E – Design Approval Organization be withdrawn and the intent becomes part of CAR 521. It was determined that the remaining Subchapters were no longer required.

Prior to the publication of CAR 521 it was decided to retain the provisions of Subchapters B, C and E, however it was determined that Subchapters D – Airworthiness Inspection Representative and Subchapter H – Airworthiness Inspection Representative Amateur-built Aircraft should be withdrawn.

This change reflects the withdrawing of Subchapters D and H.

Content last revised: 2009/12/01

Subchapter A - (Reserved)

Subchapter B - Airworthiness Engineering Organization

505.101 Generals 

  • (a) This subpart prescribes the conditions under which an applicant may obtain a delegation of authority exercised by an airworthiness engineering organization, contains the procedures for obtaining such a delegation and states the privileges and responsibilities related to a delegation of authority.

  • (b) For the purpose of this subchapter:

    • (1) "Applicant" means a corporation that has a current commercial air service operating certificate and requests a delegation of authority in accordance with this subchapter.

    • (2) "Delegate" means a corporation authorized pursuant to subsection 4.3(1) of the Aeronautics Act to perform functions on behalf of the Minister subject to the conditions specified in this subchapter.

    • (3) "Airworthiness Engineering Organization" means the group of individuals in the employ of and nominated by the applicant pursuant to subsections 505.103(c) and (d) and 505.105(e).

    • (4) "Design" means the preparation of drawings, processes, material specifications and reports that, in total, define modifications or repairs to an aeronautical product.

(Change 505-1 (88-02-05))

505.103 Eligibility

To obtain a delegation of authority an applicant shall:

  • (a) Be a corporation which has a current commercial air service operating certificate;

  • (b) Have an airworthiness engineering organization with an ordinary place of business in Canada;

  • (c) Employ persons who can determine compliance with those airworthiness requirements which are appropriate with respect to the terms of the authorization;

  • (d) Appoint a person whose functions include the responsibility for the airworthiness activities of the airworthiness engineering organization; and

  • (e) Employ adequate personnel and have resources appropriate to the functions of the airworthiness engineering organization which are within the privileges of the authorization.

(Change 505-1 (88-02-05))

505.105 Application

Each applicant for a delegation of authority exercised by the airworthiness engineering organization shall submit to the Minister an application in writing signed by an officer of the corporation. The application shall contain:

  • (a) The name of the applicant, the commercial air service operating certificate number and a list of the products the applicant may maintain under the operating certificate;

  • (b) The scope of authority for which authorization is requested;

  • (c) A description of the airworthiness engineering organization and associated lines of responsibility;

  • (d) The name and title of the person appointed to perform the function described in subsection 505.103 (d); and

  • (e) The names, titles, and qualifications of each person the applicant nominates to perform the functions the airworthiness engineering organization may be authorized to perform.

(Change 505-1 (88-02-05))

505.107 Engineering Procedures Manual

Each applicant shall submit to the Minister an engineering procedures manual containing:

  • (a) The name of the applicant and the address of the ordinary place of business of the airworthiness engineering organization;

  • (b) A statement of the purpose of the engineering procedures manual;

  • (c) A statement of commitment by the applicant to:

    • (1) Provide to the airworthiness engineering organization the resources required for effective performance of its duties;

    • (2) Grant, to the airworthiness engineering organization, the authority necessary to effectively perform the delegated functions; and

    • (3) Ensure that the airworthiness engineering organization staff remain knowledgeable in their technical specialty with respect to airworthiness standards and procedures.

  • (d) A description of the airworthiness engineering organization and associated lines of responsibility.

  • (e) A description of the functions which the airworthiness engineering organization is authorized to perform.

  • (f) A description of the airworthiness control system utilized for determining the adequacy of technical data approved by the airworthiness engineering organization.

  • (g) A description of the system used by the applicant for auditing the performance of the airworthiness engineering organization.

  • (h) A description of the record keeping system required by section 505.121.

  • (i) The name and title of the person appointed to perform the functions described in subsection 505.103 (d).

  • (j) The names, titles and specimen signatures of persons nominated pursuant to subsection 505.105 (e).

  • (k) A description of the procedures used to control revisions to the Engineering Procedures Manual;

  • (l) A "record of revisions" page which shall include the identification of each revised item, page, date and the signature of the person approving the change on behalf of the Minister; and

  • (m) Any other information which, in the opinion of the Minister, is necessary.

(Change 505-1 (88-02-05))

505.109 Personnel

  • (a) With respect to each person nominated pursuant to subsection 505.105(e) the applicant shall make available to the Minister a description of the individual's work experience including his current job functions and copies of any other documents that attest to the qualifications and experience of the individual.

  • (b) At least one person nominated pursuant to subsection 505.105(e) in each specialty must satisfy the following criteria with respect to the functions the organization is authorized to perform:

    • (1) Be a graduate in an engineering discipline from a recognized University or be certified or eligible for certification by a Provincial Association as a professional engineer in Canada or have knowledge and experience which, in the opinion of the Minister, is equivalent to the foregoing graduation or certification;

    • (2) Have, in the opinion of the Minister, a thorough knowledge gained by working experience of the applicable Canadian airworthiness and operational requirements;

    • (3) Have a position on the applicant's staff with authority to ensure that designs meet the applicable airworthiness requirements;

    • (4) Have not less than a one year working relationship, satisfactory to the Minister, with the Department of Transport Airworthiness Branch Staff in processing engineering information for the approval of an aeronautical product type design, modification design or repair design; and

    • (5) Have not less than six years of progressively more responsible related aeronautical engineering experience.

  • (c) Other personnel participating in the activities of the airworthiness engineering organization shall be selected using criteria established by the applicant and included in the Engineering Procedures Manual.

(Change 505-1 (88-02-05))

505.111 Authorization

Where an applicant complies with the conditions set out in sections 505.103; 505.105 and 505.109 and the Minister approves the Engineering Procedures Manual submitted pursuant to section 505.107 the Minister may authorize the applicant to perform functions on behalf of the Minister.

(Change 505-1 (88-02-05))

505.113 Privileges

A delegate may perform the airworthiness engineering functions set out in the approved Engineering Procedures Manual.

(Change 505-1 (88-02-05))

505.115 Limitation of Privileges

  • (a) No delegate may exercise any airworthiness engineering privilege other than a privilege specified in the approved Engineering Procedures Manual.

  • (b) No delegate may approve technical data which would authorize the establishment of or change to:

    • (1) A limitation recorded in an aircraft flight manual or flight manual supplement;

    • (2) A limitation applicable to an aeronautical product and recorded in the type approval or supplemental type approval for that product;

    • (3) A mandatory service life applicable to any part of an aeronautical product;

    • (4) A noise approval applicable to an aircraft; or,

    • (5) A mandatory maintenance certification interval.

  • (c) No delegate may approve technical data which would authorize change to any action required for compliance with:

    • (1) An airworthiness directive; or

    • (2) An equivalent instruction issued under the authority of a foreign airworthiness authority.

  • (d) In addition to the provisions of subsection 505.115(b) other limitations of privileges may apply to each delegate as set out in the applicable Engineering Procedures Manual.

  • (e) The privileges of a delegate are not transferable.

(Change 505-1 (88-02-05))

505.117 Responsibilities

A delegate shall:

  • (a) Function in accordance with the approved Engineering Procedures Manual;

  • (b) Have ready access to, and make available to staff properly amended and up to date legislation, standards, advisories, and related literature appropriate to the functions the delegate is authorized to perform;

  • (c) Notify the Minister within 7 days of an organizational change to the airworthiness engineering organization or a change of personnel which could affect the ability of the delegate to perform the authorized functions; and

  • (d) Upon request, permit the Minister to inspect facilities, products and records of the organization.

(Change 505-1 (88-02-05))

505.119 Required Design Changes

Where an Airworthiness Directive is issued pursuant to Division X of Subpart 21 of Part V of the Canadian Aviation Regulations and the Airworthiness Directive relates to a design approved by the delegate, the delegate must:
(amended 2009/12/01)

  • (a) Where, in the opinion of the Minister, design changes are necessary to correct a condition of the product, and upon the request of the Minister, submit appropriate design changes for approval; and

  • (b) Upon approval of the design changes, make available the descriptive data covering the changes to all operators of products affected by the airworthiness directive.

(Change 505-1 (88-02-05))

505.121 Records

  • (a) Each airworthiness engineering organization shall maintain, at its ordinary place of business, current records containing for each aeronautical product for which it has developed and used design data, a technical data file that includes any data and amendments thereto including drawings, photographs, specifications, instructions and reports necessary for the approval of the design.

  • (b) Each airworthiness engineering organization shall have an effective system for identifying by make, model, and manufacturer's serial number those products that have been altered using design data approved by the airworthiness engineering organization.

  • (c) No airworthiness engineering organization shall dispose of any data file described in subsection (a) without the written approval of the Minister.

(Change 505-1 (88-02-05))

505.123 Change to Authorization

  • (a) The functions which a delegate is authorized to perform may be increased where:

    • (1) The delegate requests authorization to perform additional functions and provides to the Minister the information required by this subchapter; and

    • (2) In the opinion of the Minister, the airworthiness engineering organization is capable of effectively performing the additional functions.

  • (b) The functions which a delegate is authorized to perform may be decreased where

    • (1) The delegate requests a withdrawal in part of the functions the delegate is authorized to perform; or

    • (2) In the opinion of the Minister the airworthiness engineering organization no longer is capable of effectively performing the delegated functions.

(Change 505-1 (88-02-05))

505.126 Duration of Authorization

Each authorization granted under this subchapter is effective until:

  • (a) The delegate requests the withdrawal of the delegated authority;

  • (b) The functions, in respect of which the delegation of authority is granted, cease to be performed by the delegate;

  • (c) In the opinion of the Minister, the airworthiness engineering organization is not performing the functions in an effective manner; or

  • (d) The Minister withdraws the delegation of authority.

(Change 505-1 (88-02-05))

Content last revised: 2009/12/01

Subchapter C - Design Approval Representative

505.201 General

  • (a) This subchapter sets out the conditions under which an applicant may obtain a delegation of authority that may be exercised by a Design Approval Representative (DAR), contains the procedures for obtaining such a delegation and states the privileges and responsibilities related to a delegation of authority.

  • (b) For the purpose of this subchapter:

    • (1) "Applicant" means any person who requests a delegation of authority in accordance with this subchapter.

    • (2) "Approved Data" means signed statements of design compliance with pertinent regulatory requirements, including acceptance of an element contributing to such statements.

    • (3) "Design" means the drawings, processes, material specifications and reports that, in total, define an aeronautical product or modifications or repairs to an aeronautical product.

    • (4) "Design Approval Representative" (DAR) means any person authorized pursuant to subsection 4.3(1) of the Aeronautics Act to perform functions on behalf of the Minister subject to the conditions specified in this subchapter.

  • (c) Delegation of Authority may be granted in, but is not limited to, one or more of the following specialties: Structures, Powerplant, Systems and Equipment, Flight Test and General.

(Change 505-4 (93-11-30))

505.203 Eligibility

To obtain a delegation of authority as a DAR an applicant shall:

  • (a) Be a graduate in an engineering discipline from a recognized University or be registered or eligible for registration by a Provincial Association as a professional engineer in Canada or have knowledge and experience which, in the opinion of the Minister, is equivalent to the foregoing;

  • (b) Have, in the opinion of the Minister, a thorough knowledge gained by working experience of the applicable Canadian airworthiness requirements in his specialty and, where required, a thorough knowledge of Canadian operational requirements;

  • (c) Provide a service with respect to regulatory compliance of designs for aeronautical products in Canada;

  • (d) Have not less than a one year working relationship, satisfactory to the Minister, with the Department of Transport Airworthiness Branch Staff, in processing engineering information for the approval of an aeronautical product design;

  • (e) Have not less than six years of progressively more responsible related aeronautical engineering or flight test experience;

  • (f) Be a Canadian citizen or a permanent resident as defined in the Immigration Act and have an ordinary place of business in Canada;

  • (g) In addition to 505.203 (a) through (f) the specialty of test pilot must:

    • (1) have a current pilot's licence;

    • (2) be a graduate of a recognized test pilot school or have, in the opinion of the Minister, an equivalent qualification gained through engineering test flying; and

    • (3) have current experience acceptable to the Minister.

(Change 505-4 (93-11-30))

505.205 Application

Each applicant for a delegation of authority shall submit to the Minister an application in writing. The application shall contain:

  • (a) The name of the individual who will exercise the delegation of authority and evidence of eligibility as set out in 505.203;

  • (b) The scope of authority for which authorization is requested, and the type of aeronautical products for which the authority may be used;

  • (c) A draft copy of the Engineering Procedures Manual required by 505.207; and A compliance checklist to indicate compliance with the sections of this subchapter.

(Change 505-4 (93-11-30))

505.207 Engineering Procedures Manual (EPM)

Each applicant shall submit to the Minister an Engineering Procedures Manual containing:

  • (a) The name of the applicant and the address of the ordinary place of business;

  • (b) A statement of the purpose of the Engineering Procedures Manual;

  • (c) A statement by the applicant that she/he understands and accepts the responsibilities and obligations associated with the exercise of the authority delegated by the Minister.

  • (d) A description of the DAR's responsibilities;

  • (e) A description of authorized functions;

  • (f) A description of the system used for the control of technical data such as drawings and reports and, where the DAR works with others on an approval program, the system used for controlling the program and assigning responsibility for all constituent elements of the program;

  • (g) A description of the record keeping system required by 505.221;

  • (h) A specimen signature of the DAR identified by subsection 505.205 (a);

  • (i) A description of the procedures used to control revisions to the Engineering Procedures Manual;

  • (j) A "record of revisions" page which includes the identification of each revised item, page, date and a signature signifying approval of the change by the Minister, and

  • (k) Any other information which, in the opinion of the Minister, is necessary.

(Change 505-4 (93-11-30))

505.209 Reserved

(Change 505-4 (93-11-30))

505.211 Authorization

Where an applicant complies with the conditions set out in this subchapter and the Minister approves the Engineering Procedures Manual submitted pursuant to section 505.207 the applicant may be authorized by the Minister to perform the functions of a DAR. Delegation will be controlled and exercised in accordance with the procedures contained in the Engineering Procedures Manual.

(Change 505-4 (93-11-30))

505.213 Privileges

Subject to 505.215, a DAR may perform the airworthiness engineering functions contained in the approved Engineering Procedures Manual.

(Change 505-4 (93-11-30))

505.215 Limitations of Privileges

  • (a) A DAR may not exercise any airworthiness engineering privilege other than a privilege specified in the approved Engineering Procedures Manual.

  • (b) A DAR may not approve the following or changes thereto:

    • (1) an aircraft flight manual or flight manual supplement;

    • (2) a master minimum equipment list (MMEL) or MMEL supplement;

    • (3) a limitation applicable to an aeronautical product and recorded in the type approval or supplemental type approval for that product;

    • (4) a service life applicable to any life-limited part of an aeronautical product;

    • (5) a mandatory maintenance certification interval; and

    • (6) an airworthiness directive or an equivalent instruction issued under the authority of a foreign airworthiness authority.

  • (c) In addition to the provisions of this subsection other limitations of privileges may apply to each DAR as set out in the applicable Engineering Procedures Manual.

  • (d) The privileges of a DAR are not transferrable, and cannot be further delegated.

(Change 505-4 (93-11-30))

505.217 Responsibilities

A DAR shall:

  • (a) Function in accordance with the information contained in the approved Engineering Procedures Manual;

  • (b) Determine that information approved or recommended for approval:

    • (1) complies with applicable airworthiness standards, policies and procedures; and

    • (2) has been examined and found to be satisfactory with respect to the use of established analytical methods, test methods, validity of assumptions and accuracy of calculations.

  • (c) Make available to the Minister, on request and in a manner acceptable to the Minister, all information used in making an approval;

  • (d) Attend such meetings with the Department of Transport, on issues directly associated with the delegation, as the Minister may arrange;

  • (e) Have ready access to properly amended and up to date legislation, standards, advisories and related literature appropriate to the authorized functions;

  • (f) Notify the Minister within 7 days of any change of name or address of the ordinary place of business. Any other proposed change having a direct effect on the performance of authorized functions shall be subject to prior approval by the Minister before implementation; and

  • (g) Permit the Minister to participate in a certification test program, notwithstanding the delegated functions, where, in the opinion of the Minister, participation in the program is necessary for standardization of test techniques, rule interpretation, audit purpose or to qualify data which may form a part of approved publications such as an aircraft flight manual.

  • (h) Permit the Minister upon request, to inspect the records maintained in accordance with 505.221.

(Change 505-4 (93-11-30))

505.219 (Reserved)

(Change 505-4 (93-11-30))

505.221 Records

  • (a) Each DAR shall maintain, at his/her ordinary place of business, current records containing, for each aeronautical product for which design data has been approved, a technical data file that includes any data and amendments thereto including drawings photographs, specifications, instructions and reports necessary for the substantiation of the design approval.

  • (b) Each DAR shall record by make, model and where applicable, serial number, those products for which design data has been approved by that DAR.

  • (c) No person shall dispose of any data file described in subsection (a) and (b) without the written approval of the Minister.

(Change 505-4 (93-11-30))

505.223 Change to Authorization

  • (a) The functions, which a DAR is authorized to perform, may be increased where:

    • (1) The DAR requests authorization to perform additional functions and provides to the Minister the information, with respect to the request, required by this subchapter; and

    • (2) In the opinion of the Minister, the DAR is capable of effectively performing the additional functions.

  • (b) The functions which a DAR is authorized to perform may be decreased where:

    • (1) The DAR requests a withdrawal, in part, of the functions the DAR is authorized to perform; or

    • (2) In the opinion of the Minister, the DAR is not effectively performing the delegated functions.

(Change 505-4 (93-11-30))

505.225 Duration of Authorization

Each authorization granted in accordance with this subchapter is effective until:

  • (a) The DAR requests the withdrawal of the delegated authority;

  • (b) The function, in respect of which the delegation of authority is granted, ceases to be performed by the DAR;

  • (c) In the opinion of the Minister, the DAR is not performing the functions in an effective manner; or

  • (d) The Minister withdraws the delegation of authority.

(Change 505-4 (93-11-30))

Subchapter D - Reserved

(amended 2009/12/01)

Content last revised: 1997/11/04

Subchapter E - Design Approval Organization

505.401 General

  • (a) This subchapter prescribes the conditions under which an applicant may obtain a delegation of authority exercised by a design approval organization, contains the procedures for obtaining such a delegation and states the privileges and responsibilities related to a delegation of authority. 

  • (b) For the purpose of this subchapter:

    • (1) "Applicant" means a corporation that requests a delegation of authority in accordance with this subchapter.

    • (2) "Delegate" means a corporation authorized pursuant to subsection 4.3(1) of the Aeronautics Act to perform functions on behalf of the Minister subject to the conditions specified in this subchapter.

    • (3) "Design Approval Organization" means the group of individuals in the employ of and nominated by the applicant pursuant to subsections 505.403(c) and (d) and 505.405(e).

    • (4) "Design" means the preparation of drawings, processes, material specifications and reports that, in total, define an aeronautical product or modifications or repairs to an aeronautical product.

(Change 505-1 (88-02-05))

505.403 Eligibility

To obtain a delegation of authority an applicant shall:

  • (a) Be a corporation engaged in the design, modification or repair of an aeronautical product;

  • (b) Have a design organization with an ordinary place of business in Canada;

  • (c) Employ persons who can determine compliance with those airworthiness requirements which are appropriate with respect to the terms of the authorization;

  • (d) Appoint a person whose functions include the responsibility for the activities of the design approval organization; and

  • (e) Employ adequate personnel and have adequate resources appropriate to the functions of the design approval organization which are within the privileges of the authorization.

(Change 505-1 (88-02-05))

505.405 Application

Each applicant for a delegation of authority exercised by the design approval organization shall submit to the Minister an application in writing signed by an officer of the corporation. The application shall contain:

  • (a) The name of the applicant and a description of the aeronautical products which the applicant intends to design, modify or repair;

  • (b) The scope of authority for which authorization is requested;

  • (c) A description of the design approval organization and associated lines of responsibility;

  • (d) The name and title of the person appointed to perform the function described in subsection 505.403(d); and

  • (e) The names, titles, and qualifications of each person the applicant nominates to perform the functions the design approval organization may be authorized to perform.

(Change 505-1 (88-02-05))

505.407 Design Approval Procedures Manual

Each applicant shall submit to the Minister a Design Approval Procedures Manual which contains:

  • (a) The name of the applicant and the address of the ordinary place of business of the design approval organization;

  • (b) A statement of the purpose of the design approval procedures manual;

  • (c) A statement of commitment by the applicant to:

    • (1) Provide to the design approval organization the resources required for effective performance of its duties;

    • (2) Grant, to the design approval organization, the authority necessary to effectively perform the delegated functions; and

    • (3) Ensure that the design approval organization staff remain knowledgeable in their technical speciality with respect to airworthiness standards and procedures.

  • (d) A description of the design approval organization and associated lines of responsibility;

  • (e) A description of the functions which the design approval organization is authorized to perform;

  • (f) A description of the airworthiness control system utilized for determining the adequacy of technical data approved by the design approval organization;

  • (g) A description of the system used by the applicant for auditing the performance of the design approval organization;

  • (h) A description of the record keeping system required by section 505.421;

  • (i) The name and title of the person appointed to provide the function described in subsection 505.403(d);

  • (j) The names, titles, duties, responsibilities and specimen signatures of persons nominated pursuant to subsection 505.405(e);

  • (k) A description of the procedures used to control revisions to the Design Approval Procedures Manual;

  • (l) A "record of revisions" page which shall include the identification of each revised item, page, date and the signature of the person approving the change on behalf of the Minister; and

  • (m) Any other information which, in the opinion of the Minister, is necessary.

(Change 505-1 (88-02-05))

505.409 Personnel

  • (a) With respect to each person nominated pursuant to subsection 505.405(e) the applicant shall make available to the Minister a description of the individual's work experience including his current job functions and copies of any other documents that attest to the qualifications and experience of the individual.

  • (b) At least one person nominated pursuant to subsection 505.405(e) in each speciality must satisfy the following criteria with respect to the functions the organization is authorized to perform:

    • (1) Subject to 505.409(b)(2)

      • (i) Be a graduate in an engineering discipline from a recognized University;

      • (ii) Be certified or eligible for certification by a Provincial Association as a professional engineer in Canada; or,

      • (iii) Have knowledge and experience which, in the opinion of the Minister, is equivalent to subparagraph 505.409(b)(1)(i) or (b)(1)(ii).

    • (2) Where the speciality is test pilot, be a graduate of a recognized test pilot school or have, in the opinion of the Minister, an equivalent qualification gained through engineering test flying;

    • (3) Have, in the opinion of the Minister, a thorough knowledge gained by working experience of the applicable Canadian airworthiness and operational requirements;

    • (4) Have a position on the applicant's staff with the authority to ensure that designs meet the applicable airworthiness requirements;

    • (5) Have not less than a one year working relationship, satisfactory to the Minister, with the Department of Transport Airworthiness Branch Staff in processing engineering information for the approval of an aeronautical product type design, modification design or repair design; and

    • (6) Have not less than six years of progressively more responsible related aeronautical engineering experience.

  • (c) Other personnel participating in the activities of the design approval organization shall be selected using criteria established by the applicant and included in the design approval procedures manual.

(Change 505-1 (88-02-05))

505.411 Authorization

When an applicant complies with the conditions set out in sections 505.403; 505.405 and 505.409 and the Minister approves the Design Approval Procedures Manual submitted pursuant to section 505.407, the Minister may authorize the applicant to perform functions on behalf of the Minister.

(Change 505-1 (88-02-05))

505.413 Privileges

A delegate may perform the design approval functions set out in the approved Design Approval Procedures Manual.

(Change 505-1 (88-02-05))

505.415 Limitation of Privileges

  • (a) No delegate may exercise a design approval privilege other than a privilege specified in the approved Design Approval Procedures Manual.

  • (b) No delegate may approve technical data which would authorize change to any action required for compliance with:

    • (1) An airworthiness directive; or

    • (2) An equivalent instruction issued under the authority of a foreign airworthiness authority.

  • (c) In addition to the provisions of subsection 505.415(b) other limitations of privileges may apply to each delegate as set out in the applicable Design Approval Procedures Manual.

  • (d) The privileges of a delegate are not transferable.

(Change 505-1 (88-02-05))

505.417 Responsibilities

A delegate shall:

  • (a) Function in accordance with the approved Design Approval Procedures Manual;

  • (b) Have ready access to, and make available to staff, properly amended and up to date legislation, standards, advisories and related literature appropriate to the functions the delegate is authorized to perform;

  • (c) Notify the Minister within 7 days of an organizational change to the design approval organization or a change of personnel which could affect the ability of the delegate to perform the authorized functions;

  • (d) Upon request, permit the Minister to inspect facilities, products and records of the organization.

(Change 505-1 (88-02-05))

505.419 Reserved

(Change 505-1 (88-02-05))

505.421 Records

  • (a) Each design approval organization shall maintain, at its ordinary place of business, current records containing for each aeronautical product for which it has developed and used design data, a technical data file that includes any data and amendments thereto including drawings, photographs, specifications, instructions, and reports necessary for the approval of the design.

  • (b) Each design approval organization shall record by make, model, and where applicable, serial number, those products for which the design data has been approved by the design approval organization.

  • (c) No design approval organization shall dispose of any data file described in subsection (a) without the written approval of the Minister.

505.423 Change to Authorization

  • (a) The functions which a delegate is authorized to perform may be increased where:

    • (1) The delegate requests authorization to perform additional func- tions and provides to the Minister the information required by this subchapter; and

    • (2) In the opinion of the Minister, the design approval organization is capable of effectively performing the additional functions.

  • (b) The functions which a delegate is authorized to perform may be decreased where:

    • (1) The delegate requests a withdrawal in part of the functions the delegate is authorized to perform; or

    • (2) In the opinion of the Minister the design approval organization no longer is capable of effectively performing the delegated functions.

(Change 505-1 (88-02-05))

505.425 Duration of Authorization

Each authorization granted under this subchapter is effective until:

  • (a) The delegate requests the withdrawal of the delegated authority;

  • (b) The functions, in respect of which the delegation of authority is granted, cease to be performed by the delegate;

  • (c) In the opinion of the Minister, the design approval organization is not performing its functions in an effective manner; or

  • (d) The Minister withdraws the delegation of authority.

(Change 505-1 (88-02-05))

Subchapter F - Flight Permit Authorization

505.501 General

  • (a) This subchapter stipulates the conditions under which an applicant may obtain a delegation of authority to issue a Special Purpose Flight Permit on behalf of the Minister; establishes procedures for requesting and granting such delegation of authority; and states the responsibilities of the delegate and his employer to provide written procedures detailing how the organization will comply with the airworthiness and operational conditions and requirements, set forth in this subchapter, for the aircraft on which the delegation may be exercised. For convenience these instructions and procedures may be included in the approved company maintenance and operations manuals.

  • (b) For the purpose of this subchapter:

    • (1) "Applicant" means: an organization that holds a current commercial air service operating certificate, issued by the Minister, requesting a delegation of authority in accordance with this subchapter.

    • (2) "Delegate" means: an organization authorized pursuant to subsection 4.3(1) of the Aeronautics Act to perform functions on behalf of the Minister subject to the conditions specified in this subchapter.

(Change 505-3 (92-06-17))

505.503 Scope of Delegation

An applicant may be granted a Flight Authority Delegation to:

  • (1) Authorize the ferry flight of an aircraft that may not meet all applicable airworthiness requirements but that is capable of safe flight, to a base where necessary maintenance can be performed, excluding the ferry flight of a three or four engine powered aircraft with one engine inoperative; and/or

  • (2) Authorize the ferry flight of a three or four engine powered aircraft with one engine inoperative, to a base where necessary maintenance may be performed.

(Change 505-3 (92-06-17))

505.505 Eligibility

To obtain a delegation of authority an applicant shall:

  • (1) Be an organization which holds a current commercial air service operating certificate in accordance with Chapter 573 of the Airworthiness Manual;

  • (2) Include in its procedures manuals the airworthiness and operating conditions set forth in this subchapter;

  • (3) Have its ordinary place of business in Canada;

  • (4) Employ persons who are capable of determining compliance with those airworthiness and operational requirements which are appropriate to the terms of the delegation of authority;

  • (5) Appoint employees whose functions include the responsibility for authorizing ferry flights in accordance with the conditions and limitations set forth in this subchapter; and

  • (6) Provide the appointed employees with the appropriate authority, within the organizational hierarchy, to ensure that the conditions and limitations set forth in this subchapter or as otherwise provided by the Minister are adhered to prior to the issue of a flight permit

(Change 505-3 (92-06-17)).

505.507 Personnel

  • (a) With respect to each person nominated pursuant to 505.505(5) the applicant shall make available to the Minister a description of the individual's work experience including his current job functions and copies of any other documents that attest to the qualifications and experience of the individual.

  • (b) Each person appointed shall have, in the opinion of the Minister, a thorough knowledge gained by working experience of the applicable Canadian airworthiness and operational requirements.

  • (c) Have not less than three years of progressively more responsible experience related to aircraft maintenance with an air carrier or an approved maintenance organization.

(Change 505-3 (92-06-17))

505.509 Application Procedure

  • (a) To apply for a Flight Authority Delegation a letter of application shall be submitted to the Minister. The letter shall include the name(s), position(s) and qualifications held by the nominee(s) described in subsection 505.505(5) and a list, by types, of the aircraft for which delegation authority is sought. The list shall be restricted to those aircraft types listed in the organizations operating certificate or maintenance approval.

  • (b) The applicant shall stipulate the scope of authority requested in accordance with section 505.503.

  • (c) The applicant shall include with his letter of application a copy of his written procedures or appropriate amendments to Department of Transport approved manuals incorporating the procedures, airworthiness and operating conditions and limitations set forth in this subchapter.

(Change 505-3 (92-06-17))

505.511 General Limitations

Regardless of the scope of the delegation granted, the following limitations apply:

  • (1) An aircraft that has been involved in a reportable aviation occurrence, other than a reportable incident, may not be moved without the express permission of the Canadian Transportation Accident Investigation & Safety Board in accordance with Transportation Safety Board Regulations.

  • (2) Operation of an aircraft to which an Airworthiness Directive applies shall not be authorized except in accordance with the requirements and conditions of the Airworthiness Directive.

  • (3) Operation of an aircraft in respect of which the Certificate of Airworthiness has been suspended or cancelled by the Minister shall not be authorized.

  • (4) Operation of an aircraft for experimental purposes shall not be authorized.

  • (5) Use as a commercial aircraft during a ferry flight is prohibited.

  • (6) Only crew members essential to the safe operation of the aircraft may be carried. Carriage of passengers, including non-essential crew members or any other person is prohibited.

  • (7) Flight over foreign territory is prohibited without the permission of the foreign air authority.

  • (8) Ferry of two engine powered aircraft with one engine inoperative is prohibited.

(Change 505-3 (92-06-17))

505.513 Manual Requirements - General

  • (a) Subsection 505.509(c) requires the applicant to submit a copy of his written procedures or amendments to approved manuals. The following paragraphs describe the requirements to be covered by these amendments.

  • (b) The written procedures or amendment to the applicants operations manual shall provide crews with guidance concerning:

    • (1) Required pre-flight, in-flight and post flight procedures;

    • (2) Procedures for obtaining authority for each individual ferry flight, together with the names of the officials who are authorized to grant such authority;

    • (3) Procedures for coordination of the take-off and control of the flight with Air Traffic Services and the Airport Manager;

    • (4) The responsibility of the pilot-in-command to comply with the operating conditions as laid down in the ferry flight permit at all times; and

    • (5) Such other information that may be considered relevant to the crew. This information must not contradict or modify the flight permit operating conditions.

  • (c) The written procedures or amendment to the applicants approved maintenance manual shall provide guidance concerning:

    • (1) Procedures relevant to the personnel who may authorize ferry flights, including the names and positions of those persons delegated such authority. These procedures should include, as a minimum:

      • (i) procedures to determine that the ferry flight is necessary; and

      • (ii) procedures to obtain operational concurrence that a ferry flight is feasible and can be carried out safely.

    • (2) The inspection and maintenance procedures used to prepare the aircraft for flight including any additional precautions that must be taken to ensure the safe operation of the aircraft.

    • (3) The procedure to certify that the aircraft is safe for its intended flight including the names and positions of the persons who may make such certification.

    • (4) Limitations of the type of discrepancies for which the delegate may exercise privileges.

(Change 505-3 (92-06-17))

505.515 Manual Requirements - One Engine Inoperative

  • (a) Where the applicant has requested a delegation of authority of a scope described in subsection 505.503 (2) the applicant shall be required to submit written instructions and procedures in addition to those required by section 505.513 regarding operations and maintenance. The following paragraphs describe the requirements to be covered by these additional requirements. This information may also be provided as amendments to the appropriate approved manuals.

  • (b) Operations

    • (1) The company flight crew training program for ferry flights with one engine inoperative;

    • (2) Reference to the aircraft flight manual performance data, limitations and procedures for one engine inoperative operation for each aircraft type for which the delegation is requested.

  • (c) Maintenance

    • (1) Any additional precautions, inspections or maintenance requirements required for the remaining operational engines;

    • (2) Any additional precautions, inspection or maintenance that may be required to prepare the inoperative engine for the ferry flight.

(Change 505-3 (92-06-17))

505.517 Authorization

Where an applicant complies with the conditions set out in sections 505.505 and 505.509 and the Minister approves the amendments to the manuals submitted pursuant to section 505.513 and/or 505.515 the Minister may authorize the applicant to perform functions on his behalf.

(Change 505-3 (92-06-17))

505.519 Conditions

  • (a) A Special Flight Permit issued by a delegate under this subchapter shall include such conditions relating to the equipment, maintenance and operation of the aircraft as may be specified by the Minister, and the conditions may be amended at any time by the Minister.

  • (b) For ferry flight authorized in accordance with subsection 505.503(1) shall include as a minimum the conditions listed in Schedule A will apply.

  • (c) For ferry flight authorized in accordance with subsection 505.503(2) shall include as a minimum the conditions listed in Schedule B. In addition, for the safety of the public, take-off for the purpose of a ferry flight with one engine inoperative is not allowed and will not be authorized from the runways listed in Annex 1 to Schedule B because of built-up or congested areas at the end of the runways of the listed airports.

Note: To preclude the requirement to transmit the conditions when issuing a flight authorization by telex or Fax, copies of the conditions may be carried on board the aircraft at all times. However, the conditions do not apply until a Flight Permit has been issued in accordance with the requirements of this Subchapter.

(Change 505-3 (92-06-17))

505.521 Reporting Requirements

A copy of each ferry flight permit issued by a delegate shall be forwarded to the Minister within two business days of the ferry flight. The Minister may also specify such other information considered necessary which shall be included with each report.

(Change 505-3 (92-06-17))

505.523 Responsibilities of the Delegate

A delegate shall:

  • (1) Function in accordance with the procedures contained in the approved manuals;

  • (2) Have ready access to, and make available to staff properly amended and up to date legislation, standards, advisories and related literature appropriate to the function the delegate is authorized to perform;

  • (3) Notify the Minister within 7 days of any organizational change to the maintenance or operational organization or a change of personnel which could affect the ability of the delegate to perform the authorized functions.

(Change 505-3 (92-06-17))

505.525 Change to Authorization

  • (a) The functions which a delegate is authorized to perform may be increased where:

    • (1) The delegate requests authorization to perform additional functions and provides to the Minister the information required by this subchapter; and

    • (2) In the opinion of the Minister, the organization is capable of effectively performing the additional functions.

  • (b) The functions which a delegate is authorized to perform may be decreased or withdrawn where:

    • (1) The delegate requests a withdrawal in part of his delegated functions; or

    • (2) In the opinion of the Minister the organization is no longer capable of effectively performing the delegated functions.

(Change 505-3 (92-06-17))

505.527 Duration of Authorization

Each authorization granted under this subchapter will remain effective until:

  • (1) The delegate requests the withdrawal of the delegated authority; or

  • (2) The functions in respect of which the delegation of authority is granted, cease to be performed by the person delegated; or

  • (3) The operating certificate or maintenance organization approval is revoked or suspended by the Minister; or

  • (4) In the opinion of the Minister, the organization is not performing the functions in an effective manner; or

  • (5) The Minister withdraws the delegation of authority; or

  • (6) The delegate ceases to be employed by the organization under which he was authorized.

(Change 505-3 (92-06-17))

Content last revised: 2009/12/01

Schedule A

Special Flight Permit Conditions of Issuance and Limitations

The following conditions apply when a Special Flight Permit has been authorized to ferry an aircraft that does not meet the applicable airworthiness requirements but is otherwise fit for flight from a place where repair or replacement may not reasonably be made to a maintenance base where repair may be made.

  • (1) Before operating an aircraft that does not meet applicable airworthiness requirements, an authorized person shall make a determination that the aircraft can be safely flown to a base where maintenance can be performed. The aircraft must be inspected in accordance with the procedures contained in the approved company maintenance control manual and an appropriately licensed aircraft maintenance engineer or approved company inspector must certify, in the aircraft journey log, that the aircraft is in a safe condition for the flight.

  • (2) An aircraft that has been involved in a reportable aviation occurrence, other than a reportable incident, cannot be moved without the express permission of the Canadian Transportation Accident Investigation & Safety Board in accordance with Transportation Safety Board Regulations.

  • (3) Operation of an aircraft to which an Airworthiness Directive applies shall not be authorized except in accordance with the requirements of the Airworthiness Directive.

  • (4) Operation of an aircraft in respect of which the Certificate of Airworthiness has been suspended or cancelled by the Minister shall not be authorized.

  • (5) Operation of an aircraft for experimental purposes shall not be authorized.

  • (6) Use as a commercial aircraft during a ferry flight is prohibited.

  • (7) Only crew member essential for the safe operation of the aircraft may be carried. Carriage of passengers, including non-essential crew members, is prohibited.

  • (8) Flight over foreign territory is prohibited without the permission of the foreign air authority.

(Change 505-3 (92-06-17))

Schedule B

Operating Conditions And Limitations For One Engine Out Ferry Flight

This Special Flight Permit is valid for one engine inoperative ferry from a place where repair may not reasonably be made to a maintenance base where repair or replacement may be made, subject to the following conditions:

  • (1) The company Flight Operations Manual shall contain guidance to the flight crews covering pre-flight and in-flight procedures and post-flight reporting requirements in respect of one engine inoperative ferry flights.

  • (2) Within the previous twelve months, the flight crew shall have successfully completed a training program, accepted by Transport Canada, on one engine inoperative ferry flights on the aircraft type.

  • (3) Only essential crew members may be carried. Carriage of passengers, including non-essential crew members, is prohibited.

  • (4) The carriage of cargo of any kind, including company materials is prohibited. Ballast is permitted, as required, to maintain proper CofG and flight envelope.

  • (5) The maximum gross take-off weight shall be the minimum necessary with due regard to safe reserve fuel load and centre of gravity considerations.

  • (6) The pilot in command of the aircraft shall, at least one hour prior to the flight, inform the Airport Duty Manager and the Air Traffic Control Unit at the point of departure and intended landing, of the intention to ferry the aircraft with one engine inoperative and provide information on the proposed flight as may be required by those authorities to arrange for emergency equipment, special procedures etc. The flight plan shall be annotated “one engine inoperative ferry” in the remarks block.

  • (7) The approved aircraft flight manual shall contain performance data and operating procedures for one engine inoperative ferry flights and the aircraft shall be operated in accordance with the performance limitations contained in the manual.

  • (8) Take-off and climb to 1500 feet above ground level shall not be made over the built-up areas of any town or other settlement or over an open air assembly of persons. Annex 1 to this Appendix is a list of prohibited runways at specified airports at which it is known this condition cannot be met.

  • (9) The pilot-in-command shall, prior to take-off, consider all relevant conditions and select a departure path that will not jeopardize the safety of persons or property in the event of a second engine failure after take-off.

  • (10) The pilot-in-command shall inform the controlling Air Traffic Control Unit, upon each initial radio contact, of the one engine inoperative status of the aircraft.

  • (11) The weather at the time of departure will be at least VFR, and the weather at the intended point of landing shall be forecast to be at least VFR for the estimated time of arrival.

  • (12) Each flight shall be authorized in writing (telex acceptable) by the Flight Authority Delegate specified and approved in the applicable company manuals and the pilot-in-command shall carry this flight permit and conditions in the aircraft during the ferry flight.

  • (13) The aircraft must be prepared for ferry flight in accordance with the appropriate inspection and maintenance procedures as specified in the approved maintenance manual and the aircraft shall, prior to flight, be certified as fit for the ferry flight by a qualified approved company inspector or an aircraft maintenance engineer in the aircraft journey log in accordance with the procedure in the approved company maintenance control manual.

  • (14) The pilot-in-command shall acknowledge, in the aircraft journey log, that he is aware that the Certificate of Airworthiness is not in force, that he accepts the aircraft as serviceable for the ferry flight and that he is fully acquainted with the conditions of the flight permit.

  • (15) Flight over foreign territory is prohibited without the permission of the foreign air authority.

  • (16) This authority is only applicable between Canadian airports that have runways and facilities suitable for these operations.

(Change 505-3 (92-06-17))

Annex 1 to Schedule B

Take-off for the purpose of a ferry flight with one engine inoperative is not allowed under Condition No. 8 from the following runways.

Airport Prohibited Runways
Calgary CYYC 16
Edmonton municipal CYXD All runways
Kamloops CYKA 08
Penticton CYYF 34
Regina CYQR 07
Saskatoon CYXE 14
Vancouver CYVR 08, 12
Victoria CYYJ 02, 08, 13, 20, 31
Winnipeg CYWG 07, 13, 18
Charlottetown CYYG 21
Fredricton CYFC 15
Halifax/Shearwater CYAW 29, 34
Hamilton CYHM 06
London CYXU 26
Moncton CYQM 29
Montreal/Dorval CYUL All runways
Montreal/St.Hubert CYHU 24, 28
Ottawa CYOW 32
Quebec City CYQB 12
St. Catharines CYSN 24
Sydney N.S. CYQY 07
Thunder Bay CYQT 07
Lester B. Pearson CYYZ 06, Right 15
Val d'or CYVO 36
Windsor CYQG 25

(Change 505-3 (92-06-17))

Subchapter G - (Reserved)

(Change 505-3 (92-06-17))

Subchapter H - Reserved

(amended 2009/12/01)