Part V - Airworthiness Manual Chapter 505 - Delegation Of Authority

Canadian Aviation Regulations (CARs) 2017-2

Content last revised: 2009/12/01

SUBCHAPTER A - (RESERVED)

SUBCHAPTER B AIRWORTHINESS ENGINEERING ORGANIZATION

505.101 Generals 

  1. (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.

  2. (b) For the purpose of this subchapter:

    1. (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. (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. (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. (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:

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

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

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

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

  5. (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:

  1. (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;

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

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

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

  5. (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:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

  12. (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

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

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

505.109 Personnel

  1. (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.

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

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

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

  3. (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

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

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

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

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

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

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

    5. (5) A mandatory maintenance certification interval.

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

    1. (1) An airworthiness directive; or

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

  4. (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.

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

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

505.117 Responsibilities

A delegate shall:

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

  2. (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;

  3. (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

  4. (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)

  1. (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

  2. (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

  1. (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.

  2. (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.

  3. (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

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

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

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

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

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

    2. (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:

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

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

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

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

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

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