Part V - Airworthiness Manual Chapter 505 - Delegation Of Authority

Canadian Aviation Regulations (CARs) 2017-2

Content last revised: 1997/11/04

SUBCHAPTER E DESIGN APPROVAL ORGANIZATION

505.401 General

  1. (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. 

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

    1. (1) "Applicant" means a corporation that 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) "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. (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:

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

  2. (b) Have a design 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 activities of the design approval organization; and

  5. (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:

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

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

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

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

  5. (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:

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

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

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

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

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

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

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

  5. (e) A description of the functions which the design approval 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 design approval organization;

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

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

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

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

  11. (k) A description of the procedures used to control revisions to the Design Approval 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))

505.409 Personnel

  1. (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.

  2. (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. (1) Subject to 505.409(b)(2)

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

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

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

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

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

  3. (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

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

  2. (b) 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.

  3. (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.

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

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

505.417 Responsibilities

A delegate shall:

  1. (a) Function in accordance with the approved Design Approval 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 design approval organization or a change of personnel which could affect the ability of the delegate to perform the authorized functions;

  4. (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

  1. (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.

  2. (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.

  3. (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

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

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

    2. (2) In the opinion of the Minister, the design approval 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 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:

  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 design approval organization is not performing its functions in an effective manner; or

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

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


SUBCHAPTER F FLIGHT PERMIT AUTHORIZATION

505.501 General

  1. (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.

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

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

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

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

  4. (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. (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. (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

  1. (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.

  2. (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.

  3. (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

  1. (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.

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

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

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

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

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

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

505.513 Manual Requirements - General

  1. (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.

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

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

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

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

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

    1. (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:

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

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

    2. (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. (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. (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

  1. (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.

  2. (b) Operations

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

    2. (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.

  3. (c) Maintenance

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

    2. (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

  1. (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.

  2. (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.

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

  2. (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. (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

  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 organization is capable of effectively performing the additional functions.

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

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

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

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

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

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

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

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

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

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