Maintenance and Manufacturing Staff Instructions, MSI 57 - Appendix H
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.
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.
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.
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.
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.
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).
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.
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.
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.
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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