Maintenance and Manufacturing Staff Instructions, MSI 57 - Appendix G


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.

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