Part V - Airworthiness Manual Chapter 505 - Delegation Of Authority

Canadian Aviation Regulations (CARs) 2017-2

Content last revised: 2009/12/01

SUBCHAPTER C DESIGN APPROVAL REPRESENTATIVE

505.201 General

  1. (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.

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

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

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

    3. (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. (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.

  3. (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:

  1. (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;

  2. (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;

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

  4. (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;

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

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

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

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

    2. (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. (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:

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

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

  3. (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:

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

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

  3. (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.

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

  5. (e) A description of authorized functions;

  6. (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;

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

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

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

  10. (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

  11. (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

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

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

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

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

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

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

    5. (5) a mandatory maintenance certification interval; and

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

  3. (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.

  4. (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:

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

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

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

    2. (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.

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

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

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

  6. (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

  7. (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.

  8. (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

  1. (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.

  2. (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.

  3. (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

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

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

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

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

    2. (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:

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

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

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

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

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

SUBCHAPTER D - RESERVED

(amended 2009/12/01)

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