Brazil - Implementation Procedures

IMPLEMENTATION PROCEDURES FOR THE TECHNICAL ARRANGEMENT ON AVIATION MAINTENANCE BETWEEN THE TRANSPORT CANADA CIVIL AVIATION DIRECTORATE AND THE DEPARTAMENTO DE AVIAÇÃO CIVIL, BRAZIL

Introduction

On April 30th, 2002, Transport Canada Civil Aviation (TCCA) entered into a Technical Arrangement - Maintenance (TA-M) with the Departamento de Aviação Civil, Brazil (DAC). The TA-M allows for the reciprocal acceptance of maintenance organizations qualifying under the terms of the arrangement.

The TA-M will allow maintenance organizations, recognised under the terms of this Arrangement, to perform maintenance on a Brazilian or Canadian registered aeronautical product in accordance with the maintenance regulations of the country where the organization performing the work is located (hereafter known as the State of Oversight).

Purpose

This Implementation Procedures (IP) guide is issued to provide information and guidance relating to the Technical Arrangement on Aviation Maintenance between Transport Canada Civil Aviation (TCCA) and the Departamento de Aviação Civil (DAC), Brazil.

Expiration of the TA-M

In accordance with the TA-M, either Authority may terminate the agreement upon 90-days written notice. In the event of termination of the TA-M, maintenance organizations recognized under the TA-M, shall be given notice that their recognition expires at the end of the 90-day period.

PART I:

TCCA Acceptance Procedures for DAC, Brazil RBHA 145 Approved Maintenance Organizations

Part I provides guidelines:

  1. For the acceptance, under the terms of the Technical Arrangement, of maintenance organizations currently under the jurisdiction of the Departamento de Aviação Civil (DAC), Brazil; and
  2. To Canadian Air Operators and approved maintenance organizations contracting or intending to contract maintenance work with the aforementioned organizations.

Canadian Regulatory Requirements

Canadian Aviation Regulations (CARs) CAR 706 and 573 include provisions for the acceptance of maintenance performed on Canadian registered aircraft and components by foreign maintenance organizations where an agreement or arrangement, such as the Canada-Brazil TA-M, is in force.

By signing the TA-M, TCCA acknowledges that maintenance organizations, approved in accordance with DAC RBHA 145 and qualifying under the terms of this TA-M are considered equivalent to Canadian maintenance organizations approved under CAR 573.

TCCA Acceptance of DAC, Brazil RBHA 145 Approved Maintenance Organizations

Brazilian maintenance organizations intending to perform work on a Canadian registered aeronautical product should follow the procedures detailed below.

  1. All applications for recognition under the Technical Arrangement - Maintenance (TA-M) should be sent to:

    The Division Manager,
    Airworthiness and Maintenance Engineering (TE-1)
    Rua Santa Luzia, 651
    3° andar/sala 308 - Castelo
    20030-040 - Rio de Janeiro
    Brazil

  2. Applicants should include a copy of their DAC RBHA 145 Approval Certificate (CHE) and its ratings and limitations (Adendo ao CHE), including any referenced capability list (Relação Anexa ao Adendo). The application must also contain a copy of the Maintenance Organization's Manual or Supplement, in English, containing the information required as stipulated in Annex 1 of the TA-M. The maintenance organization's documentation should clearly demonstrate how the organization intends to meet special provisions of the TA-M, including the quality assurance system and the human factors training programme.
  3. Upon receipt of an application from a DAC RBHA 145 Approved Maintenance Organization, the DAC, Brazil will notify the applicant of receipt of the application and will review the documentation required in accordance with the TA-M.
  4. The DAC, Brazil will confirm that the organization has been inspected in the previous 12 months and has been subject to an audit covering all aspects of the organization's activities within the past 36 months.
  5. Once the above criteria are met and have been found acceptable, the DAC, Brazil shall make a written recommendation to TCCA regarding the recognition and the scope of work that may be performed. DAC will submit to TCCA copies of the DAC RBHA 145 Approval Certificate (CHE) and its ratings and limitations (Adendo ao CHE), including any referenced capability list (Relação Anexa ao Adendo) and the Maintenance Organization's Manual or Supplement, in English, containing the information required as stipulated in Annex 1 of the TA-M.

    In addition, the DAC, Brazil shall confirm that there are no pending investigations or enforcement actions, including revocation, suspension or change in the scope of the privileges of the applicant.
  6. TCCA will review the documentation submitted by the maintenance organization and the DAC, Brazil, including the maintenance manual or supplement, to confirm that the applicant meets the requirements for recognition under the TA-M.
  7. If the applicant satisfies the requirements, and submits the fee specified in (10) a TCCA letter of recognition, recognizing the ratings and limitations of the DAC Certificate will be issued to the maintenance organization. TCCA will send a copy of the Letter of Recognition to the individual referenced in (1).
  8. The TCCA letter of recognition will be subject to re-confirmation every 12 months.
  9. If, upon review by TCCA, the applicant fails to satisfy the requirements established in the TA-M, TCCA will notify the DAC, Brazil immediately. The DAC, Brazil will notify the applicant of the details of the non-conformance as soon as possible. Upon receipt of the notification of non-conformance the applicant may, within 90 days, submit a corrective action plan to address these findings.
  10. A fee of US$ 1,200, by cheque or money order payable to The Receiver General of Canada, will be charged by TCCA for the initial issuance of a letter of recognition. This fee is intended to cover the additional costs associated with the administrative activities of issuing the letter, including the cost of updating the TCCA control systems for Canadian certificated AMOs.

Performance of Work under the TA-M

DAC, Brazil Approved Maintenance Organizations recognized by TCCA to perform work on aeronautical products registered in Canada, shall do so according to the following provisions:

  1. Any maintenance performed on a Canadian registered aeronautical product shall comply with the applicable regulations and standards of Brazil and all the conditions specified by the owner or operator of the aeronautical products maintained;
  2. The design of major repairs and major modifications shall be in accordance with TCCA approved data;
  3. TCCA criteria shall be used to determine whether a repair or a modification is major or minor;
  4. Any parts installed pursuant to the TA-M shall have been certified in accordance with CAR 571.07 or 571.08, as applicable;
  5. Maintenance shall be released in accordance with DAC, Brazil requirements. A DAC Form SEGVÔO 003 shall be used for the release of aeronautical products other than the complete aircraft. For the release of an aircraft a reference shall be made in the technical records in accordance with DAC RBHA 43.9;
  6. The maintenance organization shall record that the aeronautical product's Approval for Return to Service also satisfies the Canadian Aviation Regulations (CAR) 571.10 Maintenance Release. This can be achieved through a notation on Form SEGVÔO 003 or in the technical records;
  7. The maintenance organization shall comply with all the requirements specified in the TA-M, Annex 1;
  8. All service difficulties identified, in accordance with CAR 591.01, during the performance of maintenance shall be reported to the owner or operator of the aeronautical product being maintained.

Subcontracted Work

DAC, Brazil approved maintenance organizations recognised by TCCA to maintain aeronautical products under the TA-M may subcontract work to DAC, Brazil approved maintenance organizations within Brazil.

Where work is subcontracted to organizations outside of Brazil, the organization shall be approved by TCCA or be otherwise acceptable to TCCA under the terms of an existing TA-M or a bi-lateral maintenance agreement.

It is the organization's responsibility to ensure that the customer is informed when the subcontracting of work is required. It is the customer's responsibility to ensure that the subcontractor meets the necessary qualifications for acceptance under this TA-M.

Revocation of TCCA Recognition

Each Authority has a responsibility under the TA-M to notify the other Authority of any instances of non-compliance, investigations or enforcement action that might impact the organization's ability to comply with the terms of the TA-M. Upon receipt of a notification of such an event, TCCA will review the case to determine whether the organization still meets the terms of the TA-M.

Notwithstanding any of the foregoing, TCCA may revoke recognition of an organization pursuant to the TA-M, where TCCA finds that an organization is not maintaining the applicable standards or is otherwise not achieving the intent of the technical arrangement.

Re-Confirmation of TCCA Recognition

An AMO seeking to re-confirm the TCCA letter of recognition shall make annual application to DAC, Brazil. The re-confirmation request must be accompanied by a report containing the following details of work performed under the TA-M: the name of the customer, aircraft/engine/component, model, registration marks or serial number and the scope of the work performed.

The DAC, Brazil shall ensure that the AMO continues to comply with the ratings and limitations of the DAC RBHA 145 Approval Certificate and the requirements of the TA-M. The DAC, Brazil shall ensure that the AMO undergoes an audit covering all aspects of the organization's activities at intervals no greater than 36 months and is inspected at intervals no greater than 12 months.

The DAC, Brazil shall make a written recommendation to TCCA, confirming that the maintenance organization continues to meet the regulatory requirements and the terms of the TA-M. Upon receipt of this recommendation, and the fee specified below, TCCA will re-confirm the recognition of the organization for a further 12 months.

A fee of US$ 800, payable by cheque or money order to The Receiver General of Canada, will be charged by TCCA for the re-confirmation. This fee is intended to cover the additional costs associated with the administrative activities of re-confirmation, including the cost of updating the TCCA control systems for Canadian certificated AMOs.

Maintenance Organisations holding a Letter of Recognition issued prior to this amendment to the IP, who wish to continue work in accordance with the TA-M, shall seek re-confirmation of their letter of recognition before the next anniversary of their initial acceptance.

Procedure for change of name or address of a TCCA Recognized Maintenance Organization

The following circumstances require a Letter holder to apply for a change in an AMO Letter of Recognition: a change in the location (address) of facilities, a change in ownership and a change in the company name. If the Letter Holder sells or transfers its assets, the new owner must apply for an amended Letter. All necessary documentation must be submitted to DAC, Brazil and forwarded to TCCA with a written recommendation. In these circumstances the re-confirmation period will commence upon issuance of the new letter of recognition.

A fee of US$ 800, payable by cheque or money order to The Receiver General of Canada, will be charged by TCCA for the amendment to an existing Letter of Recognition. This fee is intended to cover the additional costs associated with the administrative activities including updating the TCCA control systems for Canadian certificated AMOs.

The DAC, Brazil shall notify TCCA of any changes, including circumstances not covered in the examples above, to the ratings, limitations, referenced capability lists and Manual or Supplement (required in Annex 1 of the TA-M) of organisations accepted under this TA-M.

Oversight

Oversight of maintenance organizations recognized by TCCA under the TA-M shall be conducted by the DAC, Brazil on behalf of TCCA. The DAC, Brazil shall make the results of all audits and inspections available to TCCA upon request.

TCCA may, subject to reasonable prior notification, inspect the approved maintenance organization, to investigate safety issues. TCCA may also participate in DAC, Brazil audits and inspections of approved maintenance organizations.

PART II:

DAC Acceptance Procedures for TCCA CAR 573 Approved Maintenance Organizations

Part II provides guidelines:

  1. For the acceptance, under the terms of the Technical Arrangement, of maintenance organizations currently under the jurisdiction of the Transport Canada Civil Aviation (TCCA); and
  2. To Brazilian Air Operators and approved maintenance organizations contracting or intending to contract maintenance work with the aforementioned organizations.

Brazilian Regulatory Requirements

Brazilian Aviation Regulation (RBHA) RBHA 43 and 145 include provisions for the acceptance of maintenance performed on Brazilian registered aircraft and components by foreign maintenance organizations where an agreement or arrangement, such as the Canada-Brazil TA-M, is in force.

By signing the TA-M, DAC acknowledges that maintenance organizations, approved in accordance with CAR 573 and qualifying under the terms of this TA-M, are considered equivalent to a Brazilian maintenance organization approved under RBHA 145.

DAC Acceptance of TCCA CAR 573 Approved Maintenance Organizations

Canadian maintenance organizations intending to perform work on Brazilian registered aeronautical products should follow the procedures detailed below.

  1. All applications for recognition under the Technical Arrangement - Maintenance (TA-M) should be sent to the Transport Canada official responsible for the oversight of the organization. This official will ensure that all documentation relating to the application is acceptable under the terms of the TA-M, and shall forward the completed application to:

    The Director,
    Aircraft Maintenance and Manufacturing Branch (AARP)
    330 Sparks Street, floor 2
    Ottawa, Ontario
    K1A 0N8

  2. Applicants should include a copy of their TCCA CAR 573 Approval Certificate and its ratings and limitations, including any referenced capability list. The application must also contain a copy of the Maintenance Organization's Manual or Supplement, in English, containing the information required as stipulated in Annex 1 of the TA-M. The maintenance organization's documentation should clearly demonstrate how the organization intends to meet special provisions of the TA-M, including the quality assurance system and the human factors training programme.
  3. Upon receipt of an application from a TCCA CAR 573 Approved Maintenance Organization, TCCA will notify the applicant of receipt of the application and will review the documentation required in accordance with the TA-M.
  4. TCCA will confirm that the organization has been inspected in the previous 12 months and has been subject to an audit covering all aspects of the organization's activities within the past 36 months.
  5. Once the above criteria are met and have been found acceptable, TCCA shall make a written recommendation to DAC, Brazil regarding the recognition and the scope of work that may be performed. TCCA will submit to DAC copies of the TCCA CAR 573 Approval Certificate and its ratings and limitations, including any referenced capability list and the Maintenance Organization's Manual or Supplement, in English, containing the information required as stipulated in Annex 1 of the TA-M.

    In addition, TCCA shall confirm that there are no pending investigations or enforcement actions, including revocation, suspension or change in the scope of the privileges of the applicant.
  6. DAC, Brazil will review the documentation submitted by the maintenance organization and TCCA, including the maintenance manual or supplement, to confirm that the applicant meets the requirements for recognition under the TA-M.
  7. If the applicant satisfies the requirements, and submits the fee specified in (10) a DAC Certificate of Acceptance (Certificado de Aceitacao de Empresa de Manutençao - CAEM), recognizing the ratings and limitations of the TCCA Certificate, will be issued to the maintenance organization. DAC, Brazil will send a copy of the DAC Certificate of Acceptance to the Director referenced in (1).
  8. The DAC Certificate of Acceptance will be subject to re-confirmation every 12 months.
  9. If, upon review by DAC, Brazil, the applicant fails to satisfy the requirements established in the TA-M, DAC will notify TCCA immediately. TCCA will notify the applicant of the details of the non-conformance as soon as possible. Upon receipt of the notification of non-conformance the applicant may, within 90 days, submit a corrective action plan to address these findings.
  10. A fee of US$ 1,200, payable by cheque or money order in the name of DEPARTAMENTO DE AVIACAO CIVIL, will be charged by DAC for the initial issuance of a DAC Certificate of Acceptance. This fee is intended to cover the additional costs associated with the administrative activities of issuing the Certificate, including the cost of updating the DAC control systems for Brazilian certificated AMOs.

Performance of Work under the TA-M

TCCA approved maintenance organizations recognized by DAC, Brazil to perform work on aeronautical products registered in Brazil, shall do so according to the following provisions:

  1. Any maintenance performed on a Brazilian registered aeronautical product shall comply with the applicable regulations and standards of Canada and all the conditions specified by the owner or operator of the aeronautical products maintained;
  2. The design of major repairs and major modifications shall be in accordance with DAC, Brazil approved data;
  3. DAC, Brazil criteria shall be used to determine whether a repair or a modification is major or minor;
  4. Any parts installed pursuant to the TA-M shall have been certified in accordance with RBHA 145.45;
  5. Maintenance shall be released in accordance with TCCA requirements. A TCCA Authorised Release Certificate 24-0078 shall be used for release of aeronautical products other than the complete aircraft. For the release of an aircraft a reference shall be made in the technical records in accordance with CAR 571.10;
  6. The maintenance organization shall record that the maintenance release also satisfies the Brazilian Aviation Regulation (RBHA) 43.9 Approval for Return to Service. This can be achieved through a notation on Form 24-0078 or in the technical records;
  7. The maintenance organization shall comply with all the requirements specified in the TA-M, Annex 1;
  8. All service difficulties identified, in accordance with RBHA 145.63, during the performance of maintenance shall be reported to the DAC Brazil and the owner or operator of the aeronautical product being maintained;
  9. In the case where an AMO is requested to perform an Annual Inspection (Inspecao Anual de Manutencao - IAM) of an aircraft, the AMO must obtain all Airworthiness Directives applicable to the product being maintained in accordance with RBHA 39 and review the compliance status. Where the aircraft is not in compliance with any applicable Airworthiness Directives the AMO shall inform the operator of this finding.

Subcontracted Work

TCCA approved maintenance organizations recognized by the DAC, Brazil to maintain aeronautical products under the TA-M may subcontract work to TCCA approved maintenance organizations within Canada.

Where work is subcontracted to organizations outside of Canada, the organization shall be approved by the DAC, Brazil or hold a FAA or a JAA approval or be otherwise acceptable to DAC, Brazil under the terms of an existing TA-M or a bi-lateral maintenance agreement.

It is the organization's responsibility to ensure that the customer is informed when the subcontracting of work is required. It is the customer's responsibility to ensure that the subcontractor meets the necessary qualifications for acceptance under this TA-M.

Revocation of DAC, Brazil Recognition

Each Authority has a responsibility under the TA-M to notify the other Authority of any instances of non-compliance, investigations or enforcement action that might impact the organization's ability to comply with the terms of the TA-M. Upon receipt of a notification of such an event, DAC, Brazil will review the case to determine whether the organization still meets the terms of the TA-M.

Notwithstanding any of the foregoing, DAC, Brazil may revoke recognition of an organization pursuant to the TA-M, where DAC, Brazil finds that an organization is not maintaining the applicable standards or is otherwise not achieving the intent of the technical arrangement.

Re-Confirmation of DAC Certificate of Acceptance

An AMO seeking to re-confirm the DAC Certificate of Acceptance shall make annual application to TCCA. The reconfirmation request must be accompanied by a report containing the following details of work performed under the TA-M: the name of the customer, aircraft/engine/component model, registration marks or serial number and the scope of the work performed.

TCCA shall ensure that the AMO continues to comply with the ratings and limitations of the CAR 573 Approval Certificate and the requirements of the TA-M. TCCA shall ensure that the AMO undergoes an audit covering all aspects of the organization's activities at intervals no greater than 36 months and is inspected at intervals no greater than 12 months.

TCCA shall make a written recommendation to DAC Brazil, confirming that the maintenance organization continues to meet the regulatory requirements and the terms of the TA-M. Upon receipt of this recommendation, and the fee specified below, DAC Brazil will re-confirm the acceptance of the organization for a further 12 months.

A fee of US$ 800, payable by cheque or money order in the name of DEPARTAMENTO DE AVIACAO CIVIL, will be charged by DAC Brazil for the re-confirmation of an existing DAC Certificate of Acceptance. This fee is intended to cover the additional costs associated with the administrative activities of re-confirmation, including the cost of updating the DAC control systems for Brazilian certificated AMOs.

Maintenance Organisations holding a Certificate of Acceptance issued prior to this amendment to the IP, who wish to continue work in accordance with the TA-M, shall seek re-confirmation of their Certificate of Acceptance before the next anniversary of their initial acceptance.

Procedure for Name change, Address change of DAC, Brazil Recognition Maintenance Organization Certificate

The following circumstances require a Certificate holder to apply for a change in an AMO Certificate of Acceptance: a change in the location (address) of facilities, a change in ownership and a change in the company name. If the holder of an AMO Certificate of Acceptance sells or transfers its assets, the new owner must apply for an amended Certificate. All necessary documentation must be submitted to TCCA and forwarded to DAC, Brazil with a written recommendation. In these circumstances the re-confirmation period will commence upon issuance of the new Certificate of Acceptance.

A fee of US$ 800, payable by cheque or money order in the name of DEPARTAMENTO DE AVIACAO CIVIL, will be charged by DAC for the amendment to an existing Certificate of Acceptance. This fee is intended to cover the additional costs associated with the administrative activities including updating the DAC control systems for Brazilian certificated AMOs.

TCCA shall notify DAC of any changes, including circumstances not covered in the examples above, to the ratings, limitations, referenced capability lists and Manual or Supplement (required in Annex 1 of the TA-M) of organisations accepted under this TA-M.

Oversight

Oversight of maintenance organizations recognized by the DAC, Brazil under the TA-M shall be conducted by TCCA on behalf of DAC, Brazil. The TCCA shall make the results of all audits and inspections available to DAC, Brazil upon request.

DAC, Brazil may, subject to reasonable prior notification, inspect the approved maintenance organization, to investigate safety issues. DAC, Brazil may also participate in TCCA audits and inspections of approved maintenance organizations.

Information References

Supporting information relating to this document can be found at the following websites:

  1. A listing of existing Canadian technical arrangements and bilateral agreements:
    http://www.tc.gc.ca/eng/civilaviation/standards/maintenance-regsdocs-menu-2944.htm
  2. The Canadian Aviation Regulations:
    http://www.tc.gc.ca/eng/civilaviation/regserv/cars/menu.htm
  3. The Brazilian Aviation Regulations:
    http://www.anac.gov.br/certificacao/form/textos/f-100-01b.doc
  4. Brazilian Airworthiness Directives:
    https://www.defesa.gov.br/

Erratum

Please note that the TA-M Section 6.1.1 makes reference to Paragraph 8 of Annex 1. This reference should read Paragraph 7 of Annex 1. This error will be corrected at the next revision to the TA-M.

Appendix A

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