Canadian Aviation Regulations (SOR/96-433)

406.38 (1) A flight training unit that operates an aeroplane or a helicopter shall

• (a) establish and submit to the Minister for approval a maintenance control manual that contains the information set out in the personnel licensing standards;

• (b) except where otherwise authorized by the Minister in writing where it is demonstrated that the granting of the authorization will not jeopardize the safety of the service, authorize the use of its maintenance control manual and comply with the policies and procedures contained therein;

• (c) take steps to ensure that a copy of its maintenance control manual, or of the relevant portions of its maintenance control manual, is made available to each person who performs or certifies a function that is dealt with in the maintenance control manual or in any manual that is incorporated in the maintenance control manual pursuant to subsection (2);

• (d) submit amendments to its maintenance control manual to the Minister for approval when instructed to do so by the Minister, where

  • (i) the maintenance control manual does not meet the requirements of this Subpart, or

  • (ii) the maintenance control manual contains policies or procedures, or a lack thereof, such that the flight training unit’s maintenance control system no longer meets the requirements of these Regulations; and

• (e) insert amendments to its maintenance control manual into each copy of the manual within 30 days after approval of the amendments pursuant to paragraph (d).

(2) The Minister may authorize the incorporation by reference in a maintenance control manual of detailed procedures manuals prepared by the flight training unit, where

• (a) the policies affecting the detailed procedures remain in the maintenance control manual;

• (b) the incorporation is clearly indicated in the maintenance control manual;

• (c) the flight training unit ensures that the incorporated manuals meet the requirements of this section; and

• (d) the person responsible for the flight training unit’s maintenance control system, or the person to whom this function has been assigned pursuant to subsection 406.36(3), has certified in writing that the incorporated manuals meet the requirements of this section.

(3) The Minister shall approve a maintenance control manual and any amendments to the manual, where the personnel licensing standards are met.

406.39 (1) No flight training unit that operates an aeroplane or a helicopter shall permit a person or organization to perform maintenance on the flight training unit’s aircraft unless the person or organization has adequate facilities, equipment, spare parts and personnel available at the site where the maintenance is to be performed and

• (a) the person or organization holds an approved maintenance organization (AMO) certificate issued pursuant to section 573.02 that is rated in the category for the maintenance to be performed;

• (b) where the maintenance is to be performed outside Canada by a person or organization that does not hold an approved maintenance organization (AMO) certificate issued pursuant to section 573.02, the person or organization has been approved under the laws of a state that is party to an agreement with Canada that provides for recognition of the work performed; or

• (c) in cases other than those described in paragraphs (a) and (b), the performance of the maintenance by the person or organization has been approved by the Minister as being in conformity with these Regulations.

(2) A flight training unit that operates an aeroplane or a helicopter shall ensure that a maintenance arrangement made with a person or organization pursuant to subsection (1)

• (a) specifies the maintenance required and clearly defines the tasks to be performed; and

• (b) is made in accordance with the procedures governing maintenance arrangements included in the maintenance control manual or is approved by the Minister as being in conformity with these Regulations.

(3) Where a flight training unit that operates an aeroplane or a helicopter makes a maintenance arrangement referred to in paragraph (1)(b), the Minister shall, in the following cases, authorize the arrangement by issuing a maintenance specification to indicate that the maintenance control procedures set out in the arrangement conform to the personnel licensing standards:

• (a) the issuance of a maintenance specification is either required by the agreement or requested by the foreign state; or

• (b) the maintenance is performed in a state that is not party to an agreement with Canada that provides for recognition of the work performed.