Maintenance and Manufacturing Staff Instructions (MSI) No. 59
|Minister's delegate refusal to issue or amend Civil aviation documents||Revision No:||0|
|Number of Pages:||2|
|File No: AARP-5009-3-59||Issue Date:||July 14, 2003|
1.1 The purpose of this letter is to inform Transport Canada Civil Aviation Safety Inspectors, Maintenance and Manufacturing (CASI) and external Minister's delegates (MD), of procedures made necessary by the Transportation Appeal Tribunal of Canada Act (the Act).
1.2 Effective the 30th of June 2003, changes to the Aeronautics Act mandated by the Act will require delegates who refuse to issue or amend a Canadian aviation document (CAD), to inform the applicant of the right to a review of the Minister's decision.
2.1 The Transportation Appeal Tribunal of Canada (TATC or Tribunal) is an expansion of the Civil Aviation Tribunal (CAT) that performs review and appeal functions for the civil aviation sector.
2.2 As of the 30th of June 2003, the TATC will replace the CAT. The TATC will then have jurisdiction in respect of reviews and appeals, as provided for in the Aeronautics Act.
2.3 A CAD is defined in the Aeronautics Act Chapter A-2 section 3 as "any licence, permit, accreditation, certificate or other document issued by the Minister under Part I to or with respect to any person or in respect of any aeronautical product, aerodrome, facility or service".
2.4 A 'refusal to issue or amend' occurs when a Minister's delegate makes the determination that the applicant, owner or operator cannot meet the conditions for the issue or amendment of the document. This term is not intended to apply to the normal process of negotiation, where the applicant is requested to submit additional information, documentation or clarification, with a view to eventual approval.
3.1 Effective the 30 June 2003, Aeronautics Act paragraph 6.71 will require that an applicant, owner or operator who is refused the issue or amendment of a Canadian aviation document, be informed that, within 30 days after notice is served or sent, he or she may file a request for a review of the Minister's decision.
3.2 For the purposes of this instruction, refusal to issue or amend a CAD is considered to have occurred any time where the normal process of demonstrating compliance has broken down, and it is clear that the applicant is either unable or unwilling to meet the delegate's requests relating to compliance to the conditions for issuance of the CAD.
3.3 When a CASI refuses to issue or amend a CAD, the CASI must provide the applicant with a notice that meets the intent of the form attached in Appendix A of this Staff Instruction.
3.4 When a MD refuses to issue or amend a CAD, the delegate must notify the applicable TCC of the decision, requesting that a CASI from that office to provide the notice stipulated in paragraph 3.3.
3.5 CASIs who are notified of an MD's decision in accordance with paragraph 3.4 must review the circumstances of the application and make their own determination as to whether the applicant has met the conditions for issuance or amendment of the requested CAD. If they disagree with the MD's decision not to issue or amend, they may substitute their own decision; provide appropriate counseling to the MD, or both. If they agree with the MD's decision, the CASI must provide the notice stipulated in paragraph 3.3.
3.6 When any CASI or MD completes any form that uses the term 'Civil Aviation Tribunal' (CAT), the CASI or MD will strike out the term and write 'Transportation Appeal Tribunal of Canada' (TATC), in its place.
4. Effective date
4.1 This instruction comes into effect the 30th of June 2003.
Appendix 1: NOTICE OF REFUSAL TO ISSUE OR AMEND A CANADIAN AVIATION DOCUMENT
6. HQ Contact
6.1 The responsible division indicated below may be contacted for information regarding this MSI:
Policy Development - AARPC
Maintenance and Manufacturing