Maintenance and Manufacturing Staff Instructions (MSI) No. 20
|Minister's Delegate - Maintenance (MD-M) Procedural Guideline||Revision No:||3|
|Number of Pages:||6|
|File No: AARP-5009-3-20||Issue Date:||May 9, 2003|
1.1 The purpose of this instruction is to provide procedural guidelines associated with the issuance of a delegation of authority to qualified individuals, enabling them to act as a Minister's Delegate - Maintenance (MD-M).
2.1 The Aeronautics Act, paragraph 4.3(1), states "the Minister may authorize members of the Royal Canadian Mounted Police or any other person to exercise or perform, subject to such restrictions or limitations as the Minister may specify, any of the powers, duties or functions of the Minister under this Part". To this end, the Minister has approved the Delegation of Authority Document No. 149545.
2.2 The proposed Airworthiness Manual 505 Subchapter G (AWM 505G) as contained within MPL 15, sets out the conditions under which the Minister may authorize a person to act on his behalf as an MD-M.
3.1 Aeronautics Act; AWM 505G;
MPL 15 - "Minister's Delegate - Maintenance";
MPL 21 - "Rules of Conduct -- Minister's Delegate - Maintenance and Manufacturing";
MPL 29 - "External Delegation of Authority"
4. Transport Canada Inspectors and Ex Inspectors
4.1 As noted in MPL 15, MD-M delegation will not be issued to Civil Aviation Safety Inspectors (CASIs) while employed by the Federal Government of Canada. Additionally, ex-CASIs who apply for MD-M delegation shall not be given credit for imports or exports accomplished while employed by Transport Canada.
5. Application Procedures
5.1 Applications for MD-M delegation shall be in the form of a letter from the applicant to the local Transport Canada regional office or local Transport Canada Centre (TCC). In addition to the request for consideration for MD-M privileges, the letter and supporting documentation shall include the following information:
- Aircraft Maintenance Engineers Licence number, ratings held, or attestation to having held previous delegations under AWM 505 Subchapter D;
- documented proof of not less than 10 years experience in aviation maintenance directly associated with the inspection and certification of aircraft of similar construction and complexity to those for which MD-M delegation is requested;
- documented proof of direct involvement in the importation and exportation of aircraft and or the application for Certificates of Airworthiness, Certificates of Airworthiness - Restricted or Export Airworthiness Certificates during the two years preceding application;
- the applicant shall demonstrate, to the satisfaction of the Minister, that a need for delegation exists by presenting to Transport Canada a minimum of three aircraft for importation or exportation, representative of the scope of delegation requested.
6. Application Review
6.1 The individual processing the application is responsible for ensuring that all requirements pertaining to the application and its assessment have been met. (Since it would be impossible to address all situations that may arise, HQ is prepared to assist where necessary).
6.2 The processing of an application involves the following phases:
- fee collection;
- open a file;
- initial review of application and supporting documentation to verify the applicant's eligibility;
- assignment of an inspector responsible for MD-M activities;
- initial review of the delegate's manual or section of the MPM or MCM, which deals with the MD-M to verify compliance with the procedures of AWM 505G;
- completion of all work necessary to import or export, as applicable, a minimum of three aircraft up to the point of, but not including, signing the C of A, Special C of A - Restricted or Export Airworthiness Certificate. A Transport Canada Inspector, will evaluate the applicant against standard procedures;
- final review prior to recommendation;
- recommendation to the Regional Manager for MD-M delegation; and
- approval of delegate manual or section of the MPM or MCM which deals with MD-M's, and Issuance of Delegation of Authority.
6.3 Fee Collection and Opening a File
- Upon receipt of an application for MD-M delegation, and prior to processing the application, the applicable fee as required by Subpart 104 of the Canadian Aviation Regulation (CARs) shall be received from the applicant, and a receipt for the fee provided to him.
- Upon receipt of the fee, a file must be opened that shall contain all documentation pertaining to the application and subsequent documentation relating to the MD-M Delegation.
- Each region shall assign a unique number to the MD-M.
Note: Number series have been issued to each Region by AARP. Any request for additional numbers should be directed to Standards and Procedures Division (AARPE).
d. Documents pertaining to Minister's Delegates shall be stored in the following file:
i. 5015-22 Minister's Delegations
ii. 5015-22-0 Minister's Delegations - Policy
iii. 5015-22-1 Minister's Delegations - General 5015-22-XXXX Individual Delegate, where "XXXX" is a unique MD-M number.
Note: File numbers will be preceded by the appropriate regional designator
(for example, NAH 5015-22-XXXX).
e. Along with any documents relating to the issuance of delegation, a copy of the signed delegation card shall be kept on the MD-M's individual file.
6.4 Initial Review
Applications received for MD-M delegation of authority are to be reviewed against the procedures of AWM 505G (reference MPL 15). Particular attention must be given during the evaluation of the application as the experience and knowledge of the candidate must be commensurate with the requested scope of delegation. Review the application letter and accompanying documentation for:
verify that the full name of the applicant either corresponds with the previous information contained on file;
verify that the applicant's complete address is shown including the postal code;
verify by file review that the AME Licence is valid;
verify that the personal record of the applicant in relation to aviation, is free of any convictions under the Aeronautics Act and or the Canadian Aviation Regulations;
Should the applicant not hold an AME Licence, supporting documentation attesting to having held a previous delegation under AWM 505 Subchapter D;
verify the applicant is a Canadian Citizen;
ensure that all documents supplied in support of the application are either originals, or certified true copies. In the case of original documents which the applicant wishes returned (e.g. course certificates, licences), photocopy documents and certify them as true copies. Facsimiles may be accepted where necessary to expedite an application but the original documents shall be received prior to issuing the Delegation;
MD-M employed by an AMO or Air Operator
in the case of an MD-M applicant who is in the employ of an AMO or Air Operator, verify that they have provided the legal name of the organization;
verify the applicant has documented at least 10 years aviation maintenance experience. Such experience must be directly associated with the inspection and certification of aircraft of similar construction and complexity to those for which MD-M delegation is requested. A résumé indicating the applicant's work experience and inspection qualifications is considered acceptable. Verify that the applicant's experience during involvement in the application for Certificates of Airworthiness, Certificates of Airworthiness - Restricted or Export Airworthiness Certificates, as applicable;
rejection of application
where the application is not acceptable, the reason for rejection is to be communicated to the applicant by written instrument (Letter, Facsimile, E-mail etc.). Copies of all documentation shall be retained on the applicant's file;
acceptance of application
should the application be acceptable, the applicant can proceed with the practical training and interview phase.
6.5 Inspector Responsible for MD-M activities
A Civil Aviation Safety Inspector (CASI) shall be assigned to oversee the applicant/MD-M's activities.
Note: The fee collection, opening of a file and initial review can be completed by someone other than the CASI assigned to the applicant/MD-M.
6.6 Initial Review of Manual
Review the delegate manual, or where the MD-M is employed by an AMO or Air Operator, the section of the MPM or MCM that delineates MD-M activities. The manual shall meet the procedures of AWM 505G. In the case where the manual does not meet the requirements, the applicant shall be notified by written instrument, of the areas the manual fails to meet the Standards.
6.7 Evaluation of Imports and Exports
- A Transport Canada Inspector will evaluate the importation or exportation of at least three aircraft by the applicant, that are representative of the scope of delegation requested. During the evaluation, the applicant will accomplish all the work involved up to, but not including, signing the certificate.
- import delegation: successfully complete 3 aircraft importations
- export delegation: successfully complete 3 aircraft exportations
- import and export delegation: successfully complete a combination of 3 aircraft importations or exportations - (2 imports + 1 export) or (1 import + 2 exports)
- Applicants must meet the requirements of (b) within a maximum of 4 imports/exports.
- These imports or exports must be completed within a 2 year period from the date of application for MD-M delegation.
- MSI 26 - "Importation of Aircraft" shall be utilized by the MD-M applicant and the MD-M.
- MSI 38 - "Export of Complete Aircraft" shall be utilized by the MD-M applicant and the MD-M.
Arrangements shall be made to interview the applicant. The interview is designed to establish the applicant's knowledge and competence. Standard interview methods will be utilized. Interview questions shall be based upon the self-study training package material and from documents referenced therein, and on knowledge gained during the importation or exportation of the required three aircraft. The applicant will be informed of any mistakes, and the correct answers will be discussed. Questions and responses will be recorded. Should the interview be unsuccessful, the applicant will be informed immediately, and the decision will be confirmed by written instrument to the applicant, within 10 days.
6.9 Prior to recommending that the applicant receive delegation of authority, the CASI responsible for the MD-M will:
- complete a final review of the application, supporting documentation, importation and evaluation documentation;
- complete a final review of the delegate manual, MPM or MCM, as applicable, and ensure that the manual meets the procedures of AWM 505G;
- verify that the applicant has completed the MD-M training; and
- by memorandum to the Regional Manager, state that the applicant has met the procedures of AWM 505G, and is recommended to receive MD-M delegation.
6.10 DOT Embossing Seals and Inspection Stamps
The Minister will issue to the successful applicant an MD-M identification card specifying the scope of delegation, a controlled inspection stamp and a Department of Transport seal. These items remain the property of the Minister and shall be kept in a secure location. The inspection stamps are for the exclusive use of MD-Ms, and are only to be used for the issue of Certificates of Airworthiness, Special Certificates of Airworthiness - Restricted and Export Airworthiness Certificates. Stamps, seals and identification cards are available from the Standards and Procedures Division of the Maintenance and Manufacturing Branch.
6.11 Re-Issue of MD-M delegation
Prior to the expiry date the PMI shall contact the MD-M to advise that his/her delegation is about to expire. The MD-M shall then submit an application letter listing at least three import/exports carried out during the previous two years. The PMI will carry out a paper audit of the last three import/export packages submitted by the MD-M. The result of the audit will dictate which of the following steps the PMI may consider:
- if the audit confirms that the packages are acceptable, the PMI recommends re-issue of the delegation. A new delegation card and letter are prepared for the RM's signature;
- if the audit confirms that the packages are not acceptable for administrative related issues, the PMI may arrange an interview with the applicant in order to review those areas of deficiency;
if the audit confirms that the packages are not acceptable for safety related issues, the PMI may request that the applicant successfully complete additional aircraft imports/exports, following which:
- where the audit confirms that the additional sample packages are acceptable, the PMI recommends re-issue of the delegation, and a new delegation card and letter are prepared for the RM's signature; or
- failure to successfully complete the additional aircraft imports or exports, or failure to again address safety related issues, are grounds for disqualification from the delegation process.
7.1 The training shall consist of the following elements:
self study training package; and
on-the-job training, gained during the importation of the required three aircraft.
7.2 Upon request or upon application, applicants are to be provided with the self study training package.
8. Access to Transport Canada Documentation
8.1 Excluding access to proprietary documentation, government files, and to the extent possible, at no cost to Transport Canada, both the MD-M applicant and the MD-M shall be afforded access to Transport Canada regulatory and technical documentation. All material shall remain on Transport Canada premises.
9. Rules of Conduct
9.1 As a minimum the MD-M delegate shall be aware of the government conflict of interest guidelines and rules of conduct governing MD-M activities as contained in MPL 21.
10. Oversight Activities
10.1 Prior to the issuance of delegation, the parent region shall carry out oversight activities on all the MD-M applicant's import/export packages.
10.2 The parent region shall carry out oversight activities on a minimum of one out of every five imports/exports packages accomplished by the MD-M.
11. Collection of fees
11.1 When Transport Canada issues Certificates of Airworthiness, Special Certificates of Airworthiness - Restricted or Export Airworthiness Certificates, the applicable fee as specified in Subpart 104 of the CARs shall be recovered. In the case of where the document is issued by the MD-M, no fee is due to the Receiver General. The MD-M is at liberty to charge a fee for the service provided. MD-Ms should be aware that the Goods and Services Tax (GST), may be applicable.
11.2 Application fees as required by Subpart 104 of the CARs shall be collected prior to MD-M delegation issuance.
12. Effective date
12.1 This instruction comes into effect immediately.
13. HQ Contact
13.1 The Division indicated below may be contacted for information regarding this MSI:
Policy development (AARPC)
Aircraft Maintenance & Manufacturing Branch
Maintenance and Manufacturing