Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2017-10-13 and last amended on 2017-09-15. Previous Versions

Manual

  •  (1) The holder of a manufacturer certificate shall establish, maintain and require the use of a manual that must include the information set out in section 561.07 of Standard 561 and that sets out policies and procedures respecting the construction and inspection of the aeronautical products specified in the manufacturer certificate.

  • (2) Subject to subsection (4), the person appointed under paragraph 561.04(1)(a) shall ensure that any person who performs work under a manufacturer certificate complies with the manual.

  • (3) Subject to subsection (4), any person who performs work under a manufacturer certificate shall comply with the manual.

  • (4) Subject to the following conditions, the holder of a manufacturer certificate and any person who performs work under a manufacturer certificate may temporarily be authorized to use alternative policies and procedures to comply with subsections (2) and (3):

    • (a) they have determined that, as a result of unforeseen or temporary circumstances, compliance with the manual would be impossible or unreasonable;

    • (b) they believe on reasonable grounds that the safety of the aeronautical product can be achieved by complying with the alternative policies and procedures;

    • (c) they have notified the Minister in writing; and

    • (d) the Minister has notified them in writing that they can use those alternative policies and procedures.

  • (5) The holder of a manufacturer certificate shall submit the manual and any subsequent amendment to the Minister for approval.

  • (6) The Minister shall approve the manual and any subsequent amendment if they meet the requirements of this Subpart and Standard 561.

  • (7) If the manual no longer meets the requirements of this Subpart or Standard 561, the holder of a manufacturer certificate shall

    • (a) submit an amendment to the manual for the Minister’s approval; or

    • (b) amend the manual immediately if instructed to do so by the Minister.

  • (8) The person who has been assigned the responsibility under subsection 561.04(6) shall amend each copy of the manual within 30 days after receiving the Minister’s approval of an amendment to it.

  • (9) A manual may incorporate other documents by reference if it includes policies and procedures to control the incorporated material.

  • (10) The person appointed under paragraph 561.04(1)(a) shall ensure that any part of the manual or incorporated document that is relevant to the work to be performed is made available to each person who performs that work.

  • SOR/2005-348, s. 4;
  • SOR/2015-160, s. 25(F).

Production Control System

  •  (1) The holder of a manufacturer certificate shall establish and maintain a production control system that consists of systems and procedures set out in section 561.08 of Standard 561 to ensure that aeronautical products comply with these Regulations throughout the manufacturing process.

  • (2) The production control system shall be under the control of

    • (a) the person appointed under paragraph 561.04(1)(a); or

    • (b) a person assigned the responsibility for the management of the production control system under subsection 561.04(6).

  • (3) The person referred to in subsection (2) who has control of the production control system shall ensure that the activities carried out under the manufacturer certificate for which they have been assigned responsibility are in compliance with this Subpart.

  • SOR/2005-348, s. 4.

Quality Assurance Program

  •  (1) The holder of a manufacturer certificate shall, in order to ensure that all aspects of the activities carried out under the manufacturer certificate continue to comply with these Regulations, establish and maintain a quality assurance program, independent of the production control system, that

    • (a) is under the sole control of

      • (i) the person appointed under paragraph 561.04(1)(a), or

      • (ii) a person assigned the responsibility for the management of the quality assurance program under subsection 561.04(6); and

    • (b) meets the requirements specified in section 561.09 of Standard 561.

  • (2) The person referred to in paragraph (1)(a) shall ensure that records related to the findings from the quality assurance program are distributed to the appropriate manager for corrective action and follow-up in accordance with the procedures specified in the manual.

  • (3) The person referred to in paragraph (1)(a) shall establish and maintain an audit system that consists of

    • (a) an initial audit, within 12 months after the day on which the manufacturer certificate is issued, that covers all aspects of the manufacturer’s activities;

    • (b) subsequent audits conducted at the intervals set out in the manual;

    • (c) a record of each occurrence of compliance or non-compliance found during an audit referred to in paragraph (a) or (b);

    • (d) procedures for ensuring that each finding of an audit is communicated to them;

    • (e) follow-up procedures for ensuring that corrective actions are effective; and

    • (f) a system for recording the findings of initial and periodic audits, corrective actions and follow-ups.

  • (4) The records required under paragraph (3)(f) shall be retained for the greater of

    • (a) two audit cycles; and

    • (b) two years.

  • (5) The quality assurance program duties related to specific tasks or activities shall be performed by persons who are not responsible for and have not been involved in the performance of the tasks or activities being audited.

  • SOR/2005-348, s. 4.

Statement of Conformity

  •  (1) No person shall sign a statement of conformity in respect of an aeronautical product unless

    • (a) the statement contains the elements referred to in section 561.10 of Standard 561;

    • (b) the person has been authorized to do so by the person in control of the production control system;

    • (c) the aeronautical product is specified in the manufacturer certificate; and

    • (d) the aeronautical product has been manufactured in accordance with this Subpart.

  • (2) No person shall authorize a person to sign, on behalf of the holder of a manufacturer certificate, a statement of conformity unless the person being authorized has complied with the policies and procedures set out in the manual and has successfully completed the training required under section 561.11.

  • SOR/2005-348, s. 4.

Training Program

 The holder of a manufacturer certificate shall

  • (a) establish and maintain a training program that includes the initial training, updating and any other training set out in section 561.11 of Standard 561 to ensure continued qualification that is appropriate to the function to be performed or supervised; and

  • (b) ensure that persons who are authorized to perform or supervise the performance of any function required under this Subpart are trained in respect of the parts of the policies and procedures of the holder of the manufacturer certificate and the parts of these Regulations applicable to that function.

  • SOR/2005-348, s. 4.

Personnel Records

  •  (1) The holder of a manufacturer certificate shall establish and maintain a personnel record for each employee of the manufacturer and retain each record for at least three years after the end of their employment.

  • (2) A personnel record may be in paper or electronic form and shall include all of the employee’s qualifications, all authorizations to sign a statement of conformity pursuant to section 561.10 and a description of the training referred to in section 561.11.

  • (3) The holder of a manufacturer certificate shall ensure that a copy of any record required by this section is provided to the employee referred to in the record on the completion of each training activity or the granting of an authorization to sign a statement of conformity under section 561.10.

  • SOR/2005-348, s. 4.

Control of Suppliers

  •  (1) The holder of a manufacturer certificate who contracts work to a supplier shall ensure that

    • (a) a written agreement with the supplier specifies the work to be performed by the supplier and provides that the Minister may have access to and inspect the supplier’s facilities and records to ensure compliance with this Subpart;

    • (b) work is contracted only to suppliers that have been evaluated in accordance with the policies and procedures set out in the manual;

    • (c) work is done under the holder’s supervision and is subject to the quality assurance program set out in section 561.09;

    • (d) the supplier’s capability to perform the contracted work is evaluated and monitored; and

    • (e) the aeronautical product conforms to its approved design.

  • (2) If a supplier holds, in respect of an aeronautical product, a manufacturer certificate or an equivalent document issued by a foreign state with which Canada has an airworthiness agreement or similar arrangement, the issuance of the supplier’s own statement of conformity in respect of that product is considered as meeting the requirements of paragraphs (1)(c) to (e).

  • (3) No supplier who performs work for a holder of a manufacturer certificate under this Subpart shall subcontract the work to another supplier without having first obtained the written consent of the holder of a manufacturer certificate.

  • SOR/2005-348, s. 4.
 
Date modified: