Chapter III - Special Conditions

Under the Agreement for the Promotion of Aviation Safety dated June 12, 2000 Between the Government of the United States of America and the Government of Canada
March 14, 2011

3.0 Special Conditions Applicable To Any Person Required To Comply With This MIP

(a) Only FAA or TCCA‑approved or acceptable parts or components as applicable are used to perform maintenance, preventive maintenance, or alterations to United States aeronautical products or maintenance, preventive maintenance, or modifications to Canadian aeronautical products.

(b) Maintenance, preventive maintenance, and alterations or modifications must be performed in accordance with current instructions for continued airworthiness or manufacturers’ recommendations that will return the aeronautical product to its original or properly altered condition.

(c) Maintenance and alterations or modifications must be certified by an approval for return to service or a maintenance release that meets the requirements of 14 CFR part 43, sections 43.9 and 43.11 or CAR 571.10, as applicable, for aircraft and the use of the FAA Form 8130–3 or TCCA Authorized Release Certificate for aircraft components, and any other information required by the owner or operator, as appropriate. For the purposes of compliance with this MIP, the requirements of 14 CFR part 43, sections 43.9, 43.11, and CAR 571.10 are considered equivalent.

(d) Where maintenance, alterations, or modifications are performed by a maintenance organization, the maintenance organization must hold a valid FAA repair station certificate that is compliant with the most current 14 CFR part 145 issued as a final rule or a valid Canadian AMO certificate issued in accordance with the applicable CAR.

(e) Major repairs and alterations on U.S. aeronautical products must be recorded on FAA Form 337 and a copy provided to the owner/operator of the aircraft and a copy sent to the FAA by mail or electronic means within 48 hours of the aircraft’s return to service.

(f) Major repairs or major modifications performed on a Canadian aircraft must be recorded on FAA Form 337 or in accordance with CAR Standard 571, Appendix L, and a copy provided to the owner/operator of the aircraft.

(g) Maintenance, preventive maintenance, or alterations performed on an aeronautical product under the control of a 14 CFR part 121 or 135 air carrier must be performed in accordance with that air carrier’s manual.

(h) Any serious defects or unairworthy conditions on civil aeronautical products must be reported to the FAA or the TCCA, as applicable.

(i) AMO’s should submit reports to the FAA under the FAA Suspected Unapproved Parts (SUP) program detailed in Advisory Circular (AC) 21‑29, Detecting and Reporting Suspected Unapproved Parts, in respect of any such parts found on a U.S. aeronautical product, in accordance with AC 21‑29. SUP information should be reported on FAA Form 8120‑11, Suspected Unapproved Parts Notification.

(j) FAA‑approved repair stations should submit reports of any suspected unapproved parts found on Canadian aeronautical products to the air operator concerned, for reporting to Transport Canada in accordance with the operator’s approved procedures.

3.1 TCCA Special Conditions Applicable To U.S.- Based Repair Stations And Mechanic Certificate Holders

3.1.1 The TCCA agrees that an FAA‑certificated repair station or mechanic may perform maintenance, preventive maintenance, and modifications (with the exception of annual inspections) on a civil aeronautical product under the regulatory control of the TCCA and approve that product for return to service if the repair station or mechanic certificate holder complies with the following special conditions.

(a) All repairs and modifications as defined by TCCA requirements must be accomplished in accordance with data approved by or acceptable to the TCCA.

(b) In the case of work performed by a repair station, the work will not exceed the scope of the ratings and limitations contained in the 14 CFR part 145 certificate and authorized functions listed on the repair station Capabilities List or operations specifications.

(c) In the case of a major repair or major modification performed by a mechanic certificate holder, the mechanic may perform the work. However, a mechanic with inspection authorization must approve the product for return to service.

(d) In the case of maintenance or modifications performed on aircraft that are operated in commercial air service pursuant to part VII of the CARs, a repair station that meets the additional requirements specified in paragraphs 3.2 and 3.3 shall perform the work.

3.2 Repair Stations Performing Maintenance, Preventive Maintenance, Or Modifications On Aircraft That Are Operated In Commercial Air Service Pursuant To Part VII Of The CARs.

3.2.1. In addition to the other requirements specified in this MIP, a repair station performing maintenance, preventive maintenance, or modifications on aircraft that are operated in commercial air service pursuant to part VII of the CARs shall have:

(a) Procedures to ensure compliance with the air operator’s work order or contract, including notified TCCA airworthiness directives and other notified mandatory instructions contained in TCCA‑approved air carriers’ manuals;

(b) Procedures to ensure that all current airworthiness directives published by the TCCA that are applicable to the work being performed are available to maintenance personnel;

(c) Procedures to ensure that major repairs and major modifications as defined in CAR I are accomplished in accordance with data approved by the TCCA;

(d) Major repairs or major modifications performed on a Canadian aircraft must be recorded on FAA Form 337 or in accordance with CAR Standard 571, Appendix L, and a copy provided to the owner/operator of the aircraft

 (e) Procedures for reporting to the TCCA any serious defects or unairworthy conditions on civil aeronautical products;

(f) Procedures to ensure compliance with the manufacturer’s maintenance manuals or instructions for continued airworthiness, and for handling deviations; and

(g) A training program that ensures each employee assigned to perform maintenance, preventive maintenance, or modifications is capable of performing the assigned task, and that each person who approves an aircraft for return to service following maintenance or modification has been trained on the aircraft type. Records of such training must be retained for a minimum of 2 years.

3.2.2  In addition to the other requirements specified in this MIP, a repair station performing maintenance, preventive maintenance, or modifications on aircraft that are operated in commercial air service pursuant to part VII of the CARs must include in its manual a supplement describing the procedures specified in par. 3.2.1, or explain where in the repair station manual those procedures are described, and which are accepted by the FAA. The supplement may contain procedures unique to the Canadian aeronautical products, specific training requirements, and reporting requirements. This supplement applies only to repair stations that are performing maintenance on Canadian aircraft that are operated in commercial air service pursuant to part VII of the CARs, or installing components on those aircraft. The supplement is not required for those repair stations that perform maintenance only on components.

3.3 Repair Station Authorization To Maintain Canadian Aircraft Operated In Commercial Air Transport.

(a) The repair station must continue to comply with 14 CFR part 145 and these special conditions.

(b) The repair station must allow the TCCA, or the FAA on behalf of the TCCA, to inspect it for continued compliance with 14 CFR part 145 and these special conditions and to make its manual and the supplement required by these special conditions available for inspection.

(c) Investigations and enforcement by the TCCA may be undertaken in accordance with TCCA rules and directives.

The repair station must cooperate with any investigation or enforcement action.

(e) An FAA-certificated repair station that does not cooperate with a TCCA investigation will not continue to be recognized by TCCA under this agreement.

3.4 Effectivity

(a) For maintenance agreements entered into after the effective date of this MIP, a repair station must comply with all the requirements of this MIP.

(b) For maintenance agreements entered into prior to the effective date of this MIP, a repair station must be in compliance with these special conditions within six months after the effective date of this MIP.

3.5 FAA Special Conditions Applicable To Canadian‑Based AMOs And AMEs

3.5.1. The FAA agrees that a TCCA AMO or AME may perform maintenance, preventive maintenance, and alterations (with exception of annual inspections) on an aeronautical product under the regulatory control of the FAA and approve that product for return to service if the AMO or AME complies with all of the following special conditions.

(a) The AMO or AME must hold a valid AMO certificate or AME license issued by the TCCA and that is in compliance with the most current CARs, and be rated for the maintenance, preventive maintenance, or modifications to be performed.

(b) The AMO employee or AME responsible for supervision or final inspection and approval for return to service of a civil aeronautical product must be able to read, write, and understand English.

(c) All repairs and alterations as defined by FAA requirements must be accomplished in accordance with data approved by or acceptable to the FAA.

(d) In the case of work performed by an AMO, the work will not exceed the scope of the ratings and limitations contained in the CAR 573 certificate and the MPM.

(e) In the case of work performed and certified by an AME, the work will not exceed the AME’s privileges specified in CAR 571.

(f) In the case of a major repair or alteration, the AME who approves the product for return to service shall not have been involved in the performance of the work.

(g) In the case of maintenance or alterations performed on aircraft operated by air carriers in commercial operations under 14 CFR part 121 or 135, the work shall be performed by an AMO that meets the additional requirements specified in paragraphs 3.6 and 3.7.

3.6 AMOs Performing Maintenance, Preventive Maintenance, Or Alterations For 14 CFR Part 121 Or 135 Air Carriers In Commercial Operations.

3.6.1. In addition to the other requirements specified in this MIP, an AMO performing maintenance, preventive maintenance, or alterations for 14 CFR part 121 or 135 air carriers shall have:

(a) Procedures to ensure compliance with 14 CFR part 121 or 135 air carriers’ manuals.

(b) Procedures to show separation of quality control functions from other maintenance functions, including the separation of maintenance from inspection on those items identified as required inspection items as defined by the 14 CFR part 121 or 135 air carrier, in accordance with the requirements of 14 CFR part 121, subpart L, or 135, subpart J. (Transport Canada Maintenance Staff Instruction (MSI) 55 specifies that the AMO must assign specified Aircraft Certification Authority (ACA) holders, who were not involved in the work, to perform an independent inspection on required inspection items, and sign a separate release.)

(c) Procedures to ensure compliance with the air carrier’s work order or contract, including FAA airworthiness directives and mandatory requirements contained in 14 CFR part 121 or 135 air carriers’ manuals;

(d) Procedures for approval for release or approval for return to service for aircraft, and use of FAA Form 8130‑3 or TCCA Authorized Release Certificate for components. All supporting information required to be made and kept by the owner or operator must be in English.

(e) Procedures to ensure that all current airworthiness directives published by the FAA that are applicable to the work being performed are available to maintenance personnel.

(f) Procedures to ensure that only FAA‑approved or acceptable parts or components are used in the performance of maintenance, preventive maintenance, or alterations to U.S. aeronautical products.

(g) Procedures to ensure that major repairs and major alterations as defined in 14 CFR part 43, appendix A, are accomplished in accordance with data approved by the FAA. This includes a repair or alteration that changes the operating limitations and/or flight data; the revised limitations/data must be set forth in the aircraft flight manual. Each major repair or major alteration must be recorded on an FAA Form 337 or the air carrier equivalent form.

(h) Procedures for reporting to the FAA any serious defects or unairworthy conditions on civil aeronautical products.

(i) Procedures to ensure compliance with the manufacturer’s maintenance manuals or instructions for continued airworthiness, and for handling deviations.

(j) A training program that ensures each employee assigned to perform maintenance, preventive maintenance, or alterations is capable of performing the assigned task. Records of such training must be retained for a minimum of two years.

3.6.2. In addition to the other requirements specified in this MIP, an AMO performing maintenance, preventive maintenance, or alterations on aircraft operating in commercial air service under 14 CFR part 121 or 135 must include in its manual a supplement that describes the procedures specified in par. 3.6.1, or explains where in the MPM those procedures are described, and which is approved by the TCCA.

3.7. AMO Authorization To Maintain U.S. Aeronautical Products.

(a) The AMO must continue to comply with CAR 571, 573, and these special conditions.

(b) The AMO shall allow the FAA, or the TCCA on behalf of the FAA, to inspect it for continued compliance with CAR 571, 573, and these special conditions and to make its AMO certificate, MPM, and the supplement required by these special conditions available for inspection.

(c) Investigations by the FAA may be undertaken in the same manner as would apply to a U.S. repair station.

(d) The AMO must cooperate with any investigation or enforcement action.

(e) A Canadian AMO that does not cooperate with an FAA investigation will not continue to be recognized by the FAA under this agreement.

3.8 Effectivity

(a) For maintenance agreements entered into after the effective date of this MIP, an AMO must comply with all the requirements of this MIP.

(b) For maintenance agreements entered into before the effective date of this MIP, an AMO must be in compliance with these special conditions within six months after the effective date of this MIP.

 

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