Chapter 3. Delegate Authorization
3.6 Authorized Changes
The following sections address information that should be reviewed as part of the appointment process or as part of delegate maintenance.
3.6.1 Delegates Changing Employers Or Positions
The authority delegated to a Delegate only remains effective for the period of employment or while the Delegate remains in a position of authority within the AEO/DAO to ensure that designs meet the applicable Airworthiness Requirements. A new application for delegated authority is required should the Delegate change employers. A Delegates Letter of Authorization will specifically identify that the delegation is effective while the delegate is in the position identified in the letter.
3.6.2 Dual Appointments
An individual may be appointed to act both as a Designated Engineer within a DAO/AEO and at the same time as a DAR. In such a case, two separate appointments will be made and separate Delegate numbers and certificates of delegation will be issued. TCCA will advise the DAR that the employer (DAO) should be informed of the dual appointment. In the case of dual appointments, the DARs delegation may be authorized for areas different from the company delegation depending upon the applicant's experience and the limitations TCCA may place on the DAR. Each of these appointments should be managed by the same appointing TCCA Region. If the company delegation and the DAR delegation would be in the geographic area of responsibility of two different Regions, the two Regions will determine how the dual delegation will be managed.
A statement from the employer confirming that no conflict of interest will exist if the Delegate concurrently functions as a private DAR is required.
3.6.3 Extension To Delegate Authority
The functions which a Delegate is authorized to perform, may be increased where:
The Delegate requests authorization to perform additional functions and provides to the Minister the information, with respect to the request, required by AWM Chapter 505; and
- In the opinion of the Minister, the Delegate is capable of effectively performing the additional functions.
Extensions to a Delegate's Scope of Authority may be authorized on a case by case basis by an RMAC, the Chief of Engineering, or the Chief of Flight Test in Headquarters with responsibility for the specific certification project. The Delegate requesting the extension, or their DAO, shall submit a written request for the extension. Extensions shall be authorized either by affixing a note to the request and providing a copy to the requester, or by written response. The authorization shall be appended to the project file and a copy of the request and the granted extension should be placed in the Delegate's file. Delegates may also request a permanent increase in their Scope of Authority which if approved would result in the issuance of a new letter of authorization.
3.6.4 Reduction/Removal of Delegate Authority
Airworthiness Manual Chapter 505, Subchapters B, C, or E list specific reasons for terminating a delegation, and allows TCCA the discretion to rely on any other reason it considers appropriate to remove the delegation. A Delegate's privileges may be withdrawn at the request of the Delegate or at the discretion of the Minister if the delegate is no longer performing the duties, or is not performing the duties in an effective manner. The AWM specifically identifies the following:
The delegate requests the withdrawal of the delegated authority [This can be at the written request of the Delegate or the Delegate's employer.];
The functions, in respect of which the delegation of authority is granted, cease to be performed by the delegate [This can be in the event that the Delegate leaves the employment of the company that requested the delegation.];
In the opinion of the Minister, the DAO or AEO is not performing its functions in an effective manner; or
- The Minister withdraws the delegation of authority from the DAO, AEO, DE, or DAR.
Examples of bullets c and d could include the following:
Upon a finding by the Minister that the Delegate has not properly exercised or performed the duties of the delegation;
Upon a finding by the Minister that the Delegate has not had sufficient activity to warrant continuance of the delegation;
Upon a finding by the Minister that the Delegate's specific qualifications have lapsed; or
Lack of Care, Judgment, or Integrity.
Upon a finding by the Minister that the Delegate has not demonstrated the care, judgment, or integrity required for proper exercise of delegated authority.
The functions which a Delegate is authorized to perform may be decreased by the Minister where:
The Delegate requests a withdrawal, in part, of the functions the Delegate is authorized to perform; or
- In the opinion of the Minister, the Delegate is not effectively performing the delegated functions.
3.6.5 Return of Canadian Aviation Documents
CAR Subpart 103.03 states that "where a Canadian aviation document has been suspended or canceled, the person to whom it was issued shall return it to the Minister immediately after the effective date of the suspension or cancellation." Discussion with TCCA legal staff has confirmed that a Letter of Authorization, and the DAO/AEO Approval Document does constitute a Canadian aviation document.
On retirement or placement of a Delegate on the inactive list, or on removal of delegation, CAR 103.03 should be quoted requesting the return of the original letter of authorization, and if a DAO/AEO the Approval Document.
3.6.6 Notice of Suspension or Cancellation
There may be occasion when it is necessary to suspend or cancel a delegation appointment. This suspension or cancellation can be done via the provisions of CAR Subpart 103.06 or CAR Subpart 103.07. The difference between the two Subparts is that CAR Subpart 103.06 is for those cases where the suspension or cancellation is not reached in an agreed manner (i.e. if the affected Delegate determines that they will contest this decision and appeal to the Civil Aviation Tribunal (CAT) then it would fall under this Subpart). If the suspension/cancellation is agreed to by the Delegate, then the letter would only link to CAR Subpart 103.07 where there is no provision for CAT appeal. However, in each case the letter should also refer to CAR Subpart 103.03 for the return of the Civil Aviation documents as discuss in 3.6.5 above. In both cases, the letter used must clearly specify the grounds for the suspension/cancellation, when it is effective, and what must, or can be done, for reinstatement. A sample suspension letter is provided in Appendix B of this handbook.
For specific wording and information see the text of:
- CAR Subpart 103.03 titled "Return of Canadian Aviation Documents";
- CAR Subpart 103.06(1) titled "Notices of Suspension, Cancellation or Refusal to Renew";
- CAR Subpart 103.07 titled "Administrative Grounds for Suspension, Cancellation or Refusal to Renew";
- Aeronautical Act subsections 6.9 (1) titled "Suspension, etc., where contravention";
- Aeronautical Act subsections 6.9 (2) titled "Contents of notice";
- Aeronautical Act subsections 6.9 (4) titled "Request for review not a stay of suspension, etc.";
- Aeronautical Act subsections 7.(1) titled "Suspension where immediate threat to aviation safety";
- Aeronautical Act subsections 7.(2) titled "Contents of notice";
- Aeronautical Act states à 7.1(1) titled "Suspension, etc. on medical, etc., grounds"; and
- Aeronautical Act states à 7.1(2) titled "Contents of notice".