Maintenance and Manufacturing Staff Instructions, MSI 57 - Appendix E


Appendix E - June 2004 amendment to the Canadian Aviation Regulations

Although Aircraft Maintenance & Manufacturing (M&M) is not the Office of Primary Interest (OPI) for any of the changes in the June 2004 amendment of the CAR’s, some of these minor changes, which may still be of interest to M&M inspectors and/or for which M&M has been identified as an Office of Technical Interests OTI are listed below for your quick reference.

CAR 103.06

Division III – Canadian Aviation Documents – the title of this section was amended to include the refusal to Issue, Amend or Renew a Canadian Aviation Document.

CAR 103.08

Division IV – Designated Provisions –

Schedule I – the Notice of Refusal, to Issue or Amend a Canadian Aviation Document form was amended.

Schedule VII – Air Operations – Special Flight Operations item 2 was amended.

STD Part V

Section 511.13 (6) & 513.07 (6) were amended (text changes) to the French version only.

Appendix F - December 2004 amendment to the Canadian Aviation Regulations

CAR 104

Schedule IV – Personnel Licensing and Training, a different fee has been added todocument or take preparatory action, for the writing or rewriting of an examination for a flight crew license, depending on whether a Transport Canada employee does it or someone other then a TC employee does it.

AMA 500/00M

Airworthiness Manual Advisory Index -  All series 500 AMAs were cancelled and replaced by Advisory Circular’s. The current Airworthiness Manual Advisory (AMA) material for the series 500 AMAs, the Design Standards have been, as of December 1, 2004, renamed and reformatted as Advisory Circulars (AC). The conversion is strictly a format and number change while the contents remain unchanged.

STD 507

Appendix B – Application for a Flight Authority (form 24-0044)

Appendix H - Aircraft Eligible for a Special Certificate of Airworthiness - Owner-maintenance, the list of eligible aircraft has been amended to add more aircraft models.

Chapter 551

- Aircraft Equipment and Installation

551.100 (d) (1) (4) (i) & (ii) – the text to items (i) & (ii) have been amended.

551.400 (a) – the types and quantities of extinguishing agent required for hand held fire extinguishers is now listed in the information note contanied in this standard. The previous version made reference to AMA 500C/4A which has been cancelled.

551.406 (d) – the approval of seat belt and shoulder harness installation requirements have been amended. These installations are considered major modifications and are required to be approved using approved or specified data.

Standard 591 - Service Difficulty Reporting, this standard has been re-written in it’s intireity.

CAR 605

605.38(3) (b) – has been repealed, it used to allow a multi-engined turbo-jet aircraft over 5700 kg. Operated in IFR flight within controlled airspace over land and south of Lat. 66 30’ N to operate without an ELT.

Appendix G - June 2005 amendment to the Canadian Aviation Regulations

The 2005-1 Amendment to the CAR’s (Effective 2005/06/01) did not contain any changes for which Aircraft Maintenance & Manufacturing (M&M) was identified as the Office of Primary Interest (OPI) or Office of Technical Interest (OTI) for.

June 2005 Supplementary amendment to the Canadian Aviation Regulations

A Supplementary Amendment to the CAR’s was issued in June 2005 and was backdated (Effective 2005/05/31). Aircraft Maintenance & Manufacturing has been identified as the Office of Primary Interest (OPI) and or the Office of Technical Interest (OTI) for many of the changes included in this supplementary amendment. 

CAR 101

101.01 (1) “Interpretation” a definition for Safety Management System (SMS) has been added in support of the new SMS requirements.

CAR 103

103.12 Division VI - Definition of Principle, in respect of an air operator has been amended to include the person who has been appointed by the air operator as the Accountable Executive.

CAR 106

– New section added

106 Accountable Executive - a new subpart has been added in regards to application, appointment, acceptance and accountability of this person. This subpart applies to flight training units, approved maintenance organizations and air operators.

CAR 107

– New section added

107 Safety Management System (SMS) – a new subpart has been added in regards to the application, establishment and the contents of an SMS. This new subpart applies to approved maintenance organizations who are authorized to perform maintenance on aircraft operated under subpart 5 of Part VII and to air operators under section 705.07

CAR 406

406.01 Personnel Licensing and Training – subpart 6 Flight Training Units (FTU’s), the interpretation subsection (2) has been amended to reference standard 426.

406.19 Personnel Licensing and Training – subpart 6 Flight Training Units, Division III Personnel – a new subsection has been added in regards to the duties of the certificate holder in respect of maintenance.

406.36 Person Responsible for Maintenance Control System of an FTU – the duties related to the PRM have been revised. Findings reported to the PRM resulting from a QA program, also in the assignment of management duties and in regards to, if the FTU also operates an aeroplane or helicopter and is also the holder of an AMO certificate, the PRM of the FTU must also be the PRM of the AMO.

406.47 Quality Assurance Program – FTU’s who are also aircraft operators, this section has been revised in regards to their responsibilities of ensuring the maintenance schedules and the QA program continues to be effective. A new subsection has been added in regards to the audit system contents, and in regards to the retention of the audit records.

STD 426

426.36 Person Responsible for Maintenance Control System – the applicant for this position must demonstrate through an interview to Transport Canada his knowledge in regards to the FTU’s policies.

426.47 Quality Assurance Program – the program shall cover as a minimum all of the functions defined in the FTU’s MCM, and these functions shall be audited within the applicable intervals. Additional changes have been added in regards to who can perform the audit duties.

CAR 573

573.01 (1) Approved Maintenance Organization – Application for approval, the reference to AWM 573 has been replaced with STD 573.

573.02 (2) Entitlement to and Scope of Certificate – the reference to AWM 573 has been replaced with STD 573.

573.03 Duties of Certificate Holder – has been amended in regards to the certificate holder responsibilities in the appointment of a person responsible for maintenance (PRM).

573.04 Person Responsible for Maintenance – The title of this section was changed from Assignment of Management Functions to Person Responsible for Maintenance. This section also contains changes in regards to the duties and responsibilities of the PRM.

573.05 (2) Authorized to Sign a Maintenance Release – this subsection has been revised to remove the reference to AWM 573.

573.06 (2) Training Program – this subsection has been revised to remove the reference to AWM 573.

573.08 (1) Facilities, Equipment, Standards and Procedures - this subsection has been revised to remove the reference to AWM 573.

573.09 Quality Assurance Program - this subsection has been revised to remove the reference to AWM 573. Additional subsections have been added in regards to the QA program contents, the audit system contents, record retention and the duties related to the QA program.

573.10 (1), (2), (5), & (9) Maintenance Policy Manual – these subsections have been revised to remove the references to AWM 573.

573.11 (5) Maintenance Arrangements - this subsection has been revised to remove the reference to AWM 573.

CAR 573 Division II – Safety Management System, this is a complete new section.

573.30 Requirements – related to AMO’s who perform maintenance on aircraft operated under subpart 5 of Part VII of the CAR’s.

573.32 Person Managing the Safety Management System – this new section outlines the roles and responsibilities of the person managing the SMS in regards to the reporting system, the collection of data, identification of hazards, incidents and accidents, investigating, analyzing and identifying the causes, maintaining a safety data system, monitoring and evaluating results, determining the adequacy of training and where the PRM has assigned management functions for the SMS to another person, he is to report back to the PRM hazards, incidents and accidents identified under the SMS.

STD 573

573.03 (Reserved) this section used to be titled Person Responsible for Maintenance.

573.04 Person Responsible for Maintenance – this section used to be titled Assignment of Management Functions. This section now contains the experience (in number of years) requirements for an applicant for the position of PRM and the knowledge requirements, which must be demonstrated during a Transport Canada interview. This section also contains the roles and responsibilities of the PRM.

573.06 (8) Training Program – a new subsection has been added regarding the training of maintenance safety personnel. Persons who have been assigned duties under the safety management system must complete safety related training on maintenance and flight safety philosophy, human factors, accident prevention, the responsibilities of maintenance safety personnel, risk management, accident/incident reporting and incident investigation.

573.09 Quality Assurance Program – the QA program shall, as a minimum, cover all functions defined within the MPM and include all elements necessary to ensure effectiveness, quality and safety. Subsections (2) & (3) contain changes in regards to when the audits referred to in paragraphs 573.09(3)(a) and (b) of the CARs may be conducted and who may conduct the activities related to the QA program.

573.10 (d) Maintenance Policy Manual – a new information note has been added in regards to the submission of an MPM amendment and that the PRM may authorize amendments.

CAR 602

602.106 (table) - Noise-restricted Runways – this table has been amended. Some of the take-off noise restricted runways at Vancouver and Toronto airports have been revised.

CAR Part VII

700.09 Duties of the Certificate Holder – this new section requires the holder of an air operator certificate to appoint an operations manger and when the AOC does not also hold an AMO certificate, must also appoint maintenance manager.

705.03 Operations Manager – is required to manage the activities of the air operator in accordance with the company operations manual.

705.04 Holder of More Than One Certificate – if the holder of an air operator certificate also holds an AMO certificate the PRM shall, where findings from a QA program are reported to him, must determine if any corrective actions is required, keep a record of any determination made and communicate any determination made to the person who management functions have been assigned and notify the accountable executive.

705.07 (2) (c) Issuance or Amendment of Air Operator Certificate – a requirement for a safety management system replaces the previously existing requirement for a flight safety program to be in place.

705 Division X – Safety Management System – this new division sets forth the requirement to establish, maintain and adhere to a safety management system and the criteria which that SMS and the person managing it must satisfy.

705.151 Requirements – in respect to an applicant or holder of an air operator certificate of an SMS

705.152 Components of the Safety Management System – a list of components, which a SMS shall contain.

705.153 Person Managing the Safety Management System – contains a list of duties and responsibilities for the person managing the SMS.

705.154 Holder of More Than One Certificate - The holder of an air operator certificate who is also the holder of an approved maintenance organization (AMO) certificate shall adhere to the requirements with respect to a safety management system when undertaking maintenance control activities.

706.03 Duties of Certificate Holder – (previously titled Person Responsible for Maintenance Control System) has been amended to include a requirement for the certificate holder to appoint a person responsible for the maintenance control system and to ensure that the person responsible for the maintenance control system performs auditing duties in respect of the quality assurance program.

706.07 Quality Assurance Program – (previously titled Evaluation Program) The provisions of the previously existing section with its accompanying standard have been replaced by provisions consistent with those which address requirements for quality assurance programs in Part V. The provisions differ in detail rather than in substance from those in the previously existing section.

705.15 Safety Management System – this is a new section, which contains provisions specific to the SMS required of the air operators under subpart 705.

STD 725

725.07 Issuance or Amendment of Air Operator Certificate – subsection (2) (a) (ii) (C) (V)this item used to make reference to the Flight Safety Program. This has been amended to Safety Management System.

725.07 Issuance or Amendment of Air Operator Certificate – subsection (2) (a) (ii) (N) the text of this subparagraph was amended to add the word (delegating) in regards to the managerial responsibilities.

725.07 Issuance or Amendment of Air Operator Certificate – subsection (3) Emergency Response Plan contains the requirements in regards to an air operator’s emergency response plan.

725.124 Training Program – subsection (5) (o) this item used to make reference to the Flight Safety Program. This has been amended to Safety Management System.

725.135 Contents of Company Operations Manual – subsection (oo) this item used to make reference to the Flight Safety Program. This has been amended to Safety Management System.

STD 726

726 – Air Operator Maintenance – the information notes (i) & (ii) in this subpart have been amended to reflect changes in regards to the person responsible for the maintenance control system and in regards to an air operator adopting the titles of the approved manuals, positions and programs used in the regulatory documents. Approved organizations are free to use any designation they wish, provided the pertinent regulations and standards are complied with.

726.03 Duties of Certificate Holder – (previously titled Person Responsible for Maintenance Control System) the information note in this section has been amended to clarify the PRM’s position within the air operator and also in regards to the requirement for the PRM to demonstrate his or her knowledge during an interview conducted by Transport Canada on a list of topics related to the roles and responsibilities of this position.

726.07 Quality Assurance Program - (previously titled Evaluation Program) The provisions of the previously existing standard have been replaced by provisions consistent with those which address requirements for quality assurance programs in Part V. This section contains numerous changes in the standard in regards to the QA program elements, and the required audits and in regards to the persons who may conduct those audits.

726.08 Maintenance Control Manual – an information note has been added to this section in regards to the submission for ministerial approval an amendment to the MCM. The person responsible for the maintenance control system may authorize amendments or re-issue of the MCM, but the statement authorizing the MCM document itself must be signed by the air operator.

Appendix H - December 2005 amendment to the Canadian Aviation Regulations

Aircraft Maintenance & Manufacturing has been identified as the Office of Primary Interest (OPI) and or the Office of Technical Interest (OTI) for the changes included in this amendment summary.

CAR Part 1

103 - Administration and Compliance – Schedule II – has been amended to add the maximum amount of penalties, applicable to subparts 6 Accountable Executive, subpart 7 Safety Management System requirements and subpart 9 Aircraft under an agreement in accordance with 83 bis.

CAR 109 (New)

109 - titled - Aircraft Under an Agreement for Transfer of Functions and Duties in Accordance with Article 83 bis of the Convention. These new requirements apply to foreign-registered aircraft operated by a Canadian operator and to persons performing any functions or duties in respect of the aircraft if the requirements set out in these Regulations are specifically included under the terms of an agreement in force between Canada and another contracting State in accordance with Article 83 bis of the Convention.

CAR 203

203.03 (1) (c) – Leasing Operations General, this paragraph has been amended to remove the reference to CAR 604.48, which was removed from subpart 604, which applies only to Private Operator Passenger Transportation, which has also been completely rewritten as part of this December amendment of the CARs.

STD 223

223.03 - Operation of a Leased Aircraft by a Non-registered Owner was also amended to reflect changes to subpart 604. The reference removed form subpart 604 was 604.48, which no longer exists in the CAR. The link to 604.48 provided in STD 223.03 (1) (c) takes you to the beginning of subpart 604. This error has been identified and will be corrected at the next revision to the standard.

CAR 406

406.02 - Flight Training Units paragraph (f) ultra-light aeroplanes, has been amended. A new requirement (subparagraph (iii) has been added for FTU operators of ultra-light aeroplanes who want to carry passengers to have a passenger-carrying rating.

CAR 573

573.03 - Duties of Certificate Holder – subsection (5) the experience requirement set out in subsection 573.04 (1) of Standard 573 - Approved Maintenance Organizations was corrected to remove the (a) from the reference to this subsection. The previous version reference to 573.04 (1) included a paragraph (a). This has now been corrected.

CAR 602

602.29 - Hang Glider and Ultra-light Aeroplane Operation – subsection (4) has been divided into two subparagraphs, one each (a) for Hang gliders and (b) for Ultra-light aeroplanes. The wording in these paragraphs has been clarified in regards to the operation of these aircraft with other persons on board. The previous version used to say with “another person on board”. The revised version says “one other person”.

CAR 604 & STD 624

604 & 624  - Private Operator Passenger Transportation – this subpart and applicable standard has been completely rewritten to reflect changes in regards to the oversight of this activity by the Canadian Business Aviation Association (CBAA).

CAR 605

605.04 - Availability of Aircraft Flight Manual – subsections (1) & (2) have been corrected to reflect changes which occurred during the rewrite to CAR 604. Both these subsections used to make reference to 604.83, which no longer exists. Both references have been amended to refer to 604.27 of the rewritten CAR 604.

CAR 703

703.01 – Air Taxi Operations – the application of this section has been amended to include the operation of multi-engine helicopters certified for operation by one pilot and operated under VFR to subpart 703. Paragraph (b) now has a new subparagraph (b.1) to include this type of aircraft.

CAR 704

704.01 – Commuter Operations – paragraph (a) the wording was changed from a multi-engine aeroplane to a multi-engine aircraft. Also as in 703 above, paragraph (b) now has a new subparagraph (b.1) to include multi-engine helicopters certified for operation by one pilot and operated under VII.

CAR 705

705.07 - Issuance or Amendment of Air Operator Certificate – subsection (2) paragraph (c) was amended to add a hyperlink to CAR subpart 107 Safety Management System Requirements.

No manual amendment and/or implementation period is required for changes contained in Appendix E, F & H.

Changes contained in Appendix G in regards to CAR 106 Accountable Executive and CAR 107 Safety Management System shall be implemented in accordance with the Safety Management Systems Implementation Procedures Guide (TP 14343).

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