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Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2022-01-12 and last amended on 2022-01-05. Previous Versions

Part V — Airworthiness (continued)

Subpart 73 — Approved Maintenance Organizations (continued)

Division I — General (continued)

[
  • SOR/2005-173, s. 14
]
Maintenance Policy Manual
[
  • SOR/2005-173, s. 29
]
  •  (1) An approved maintenance organization (AMO) certificate holder shall establish, maintain and authorize the use of a maintenance policy manual (MPM) that contains information to ensure the efficiency of the AMO’s maintenance policies, dealing with the subjects set out in Standard 573 —Approved Maintenance Organizations.

  • (2) The Minister may authorize the incorporation by reference in an MPM of detailed procedures manuals and lists prepared by the AMO certificate holder, dealing with the subjects set out in Standard 573 —Approved Maintenance Organizations, where

    • (a) the policy affecting those detailed procedures and the composition of the lists is set out in the MPM;

    • (b) each incorporation is clearly indicated in the MPM; and

    • (c) the AMO certificate holder ensures that the incorporated procedures manuals and lists meet the requirements of this section.

  • (3) Where detailed procedures manuals or lists are being incorporated by reference in an MPM, the person appointed pursuant to section 573.03 or another person to whom that management function is assigned pursuant to section 573.04 shall certify in writing that the incorporated documents and every amendment thereto meet the requirements of the policy established in the MPM with respect to those documents.

  • (4) An AMO certificate holder need not conform to the policy and procedures contained in its MPM, where the Minister has authorized the non-conformity in writing, after it has been demonstrated that such non-conformity would not affect the safety of the aeronautical product to be maintained or the maintenance service to be offered.

  • (5) An AMO certificate holder shall submit each page of its MPM to the Minister for approval, either individually or in accordance with a procedure that ensures compliance with the requirements of Standard 573 —Approved Maintenance Organizations.

  • (6) An AMO certificate holder shall amend its MPM when instructed to do so by the Minister, where the MPM does not

    • (a) meet the requirements of this Subpart; or

    • (b) contain policies or procedures that are sufficiently detailed to demonstrate that the AMO’s quality assurance program meets the requirements of these Regulations.

  • (7) An AMO certificate holder shall take steps to ensure that a current copy of its MPM, or the portions thereof that are relevant to the task to be performed, is made available to each person who performs or certifies that task.

  • (8) An AMO certificate holder shall amend each copy of its MPM within 30 days after receiving an approval issued pursuant to subsection (5).

  • (9) The Minister shall, if the standards set out in Standard 573 —Approved Maintenance Organizations are met, approve an MPM and any amendments to that manual.

  • SOR/2000-404, s. 12
  • SOR/2005-173, s. 28
Maintenance Arrangements
[
  • SOR/2005-173, s. 29
]
  •  (1) Except as provided in subsection (2), no approved maintenance organization (AMO) certificate holder shall permit an external agent to perform maintenance on its behalf unless

    • (a) the external agent holds an AMO certificate with a rating of a category specified pursuant to section 573.02 that is appropriate to the type of work to be performed or the aeronautical product to be maintained;

    • (b) where the work is to be performed outside Canada, the external agent has been authorized to do the type of work to be performed or to perform maintenance on the type of aeronautical product to be maintained under the laws of a state that is party to an agreement with Canada and the agreement provides for the recognition of maintenance functions; or

    • (c) in all other cases, the performance of the maintenance by the person or organization has been approved by the Minister as being in conformity with these Regulations.

  • (2) Subject to subsection (4), an AMO certificate holder may permit work to be performed by an external agent other than an agent described in subsection (1) where the work is performed in accordance with an arrangement that provides for it, under the direct supervision of the person appointed pursuant to section 573.03 or 573.04 and certified by persons authorized to do so in accordance with the approved procedures set out in the AMO’s maintenance policy manual (MPM).

  • (3) Arrangements respecting work to be performed by external agents pursuant to subsection (2) shall be made in accordance with procedures governing maintenance arrangements set out in the MPM or, if no such procedures are set out in the MPM, shall be approved by the Minister as ensuring conformity with the requirements of this Subpart.

  • (4) An AMO certificate holder that requests an external agent to perform work shall

    • (a) where the work is to be performed pursuant to subsection (1) or (2), be responsible for specifying the tasks to be performed by the agent and ensuring completion of the work; and

    • (b) where the work is to be performed pursuant to subsection (2), be responsible for ensuring the conformity of that work with the requirements of Subpart 71.

  • (5) A maintenance arrangement that is made by a foreign air operator to have its maintenance done in Canada by a person or organization that holds an AMO certificate issued pursuant to section 573.02 shall be authorized by a maintenance specification issued to the AMO in accordance with the requirements of Standard 573 — Approved Maintenance Organizations, where the air operator is from a state that

    • (a) is party to an agreement with Canada that provides for recognition of the work performed and the issuance of a maintenance specification is specified in the agreement; or

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

  • SOR/2005-173, s.28
Service Difficulty Reporting
[
  • SOR/2005-173, s. 29
]

 The holder of an approved maintenance organization (AMO) certificate shall report to the Minister, in accordance with Division IX of Subpart 21 of Part V, any reportable service difficulty related to an aeronautical product being maintained.

  • SOR/2009-280, s. 32
Foreign Approvals
[
  • SOR/2005-173, s. 29
]

 An application submitted by a maintenance organization for the issuance or amendment of an approved maintenance organization (AMO) certificate authorizing the performance of work in facilities located outside Canada is granted if

  • (a) the applicant has demonstrated that the issuance of the approval in respect of those facilities is in the public interest as provided for in subsection 6.71(1) of the Act;

  • (b) the applicant has recognized by advance agreement the Minister’s right to enter and inspect those facilities and seize anything found in those facilities, under the same conditions as would govern the exercise of the Minister’s powers pursuant to subsection 8.7(1) of the Act if the facilities were located in Canada;

  • (c) the AMO has agreed to reimburse the Minister for any expenses incurred by Department of Transport personnel in carrying out the activities provided for in paragraph (b) in respect of those facilities; and

  • (d) in the case of an AMO whose facilities are located outside Canada, the Minister specifies on the AMO certificate the date on which the certificate expires.

Identification of an AMO
  •  (1) No person, other than the holder of an approved maintenance organization (AMO) certificate issued in accordance with this Subpart, shall identify oneself as an AMO certificate holder.

  • (2) A person who holds an AMO certificate issued in accordance with this Subpart shall not include, in a list of approved maintenance services offered for aeronautical products, a service that is outside the scope of the person’s AMO certificate.

Technical Records
[
  • SOR/2005-173, s. 29
]

 An approved maintenance organization (AMO) certificate holder shall maintain records in accordance with section 573.15 of Standard 573 — Approved Maintenance Organizations for work performed on all aeronautical products maintained and keep those records for at least two years beginning on the date that the maintenance release was signed.

  • SOR/2003-122, s. 4

[573.16 to 573.29 reserved]

Division II — Safety Management System

Requirements

 The safety management system required under section 107.02 in respect of an applicant for, or a holder of, an approved maintenance organization (AMO) certificate authorizing the holder to perform maintenance on an aircraft operated under Subpart 5 of Part VII shall

  • (a) meet the requirements of Subpart 7 of Part I and section 573.31; and

  • (b) be under the control of the person responsible for maintenance appointed under paragraph 573.03(1)(a).

  • SOR/2005-173, s. 20
Components of the Safety Management System
  •  (1) The safety management system shall include, among others, the following components:

    • (a) a safety management plan that includes

      • (i) a safety policy that the accountable executive has approved and communicated to all employees,

      • (ii) the roles and responsibilities of personnel assigned duties under the quality assurance program established under subsection 573.09(1) or the safety management system,

      • (iii) performance goals and a means of measuring attainment of those goals,

      • (iv) a policy for the internal reporting of a hazard, an incident or an accident, including the conditions under which immunity from disciplinary action will be granted, and

      • (v) a review of the safety management system to determine its effectiveness;

    • (b) procedures for reporting a hazard, an incident or an accident to the appropriate manager;

    • (c) procedures for the collection of data relating to hazards, incidents and accidents;

    • (d) procedures for analysing data obtained under paragraph (c) and during an audit conducted under subsection 573.09(3) and for taking corrective actions;

    • (e) an audit system referred to in subsection 573.09(3);

    • (f) training requirements for the person responsible for maintenance and for personnel assigned duties under the safety management system; and

    • (g) procedures for making progress reports to the accountable executive at intervals determined by the accountable executive and other reports as needed in urgent cases.

  • (2) The components specified in subsection (1) shall be set out in the approved maintenance organization (AMO) certificate holder’s maintenance policy manual (MPM).

    • SOR/2005-173, s. 20
Person Managing the Safety Management System

 The person managing the safety management system in respect of an approved maintenance organization (AMO) shall

  • (a) establish and maintain a reporting system to ensure the timely collection of information related to hazards, incidents and accidents that may adversely affect safety;

  • (b) identify hazards and carry out risk management analyses of those hazards;

  • (c) investigate, analyze and identify the cause or probable cause of all hazards, incidents and accidents identified under the safety management system;

  • (d) establish and maintain a safety data system, by either electronic or other means, to monitor and analyze trends in hazards, incidents and accidents;

  • (e) monitor and evaluate the results of corrective actions with respect to hazards, incidents and accidents;

  • (f) monitor the concerns of the civil aviation industry in respect of safety and their perceived effect on the AMO;

  • (g) determine the adequacy of the training required by paragraph 573.31(1)(f); and

  • (h) where the person responsible for maintenance has assigned the management functions for the safety management system under subsection 573.04(4) to another person, report to the person responsible for maintenance the hazards, incidents and accidents identified under the safety management system required under section 573.30 or as a result of an audit required under paragraph 573.31(1)(e).

  • SOR/2005-173, s. 20

SUBPART 91[Repealed, SOR/2009-280, s. 33]

 [Repealed, SOR/2009-280, s. 33]

SUBPART 93[Repealed, SOR/2009-280, s. 33]

 [Repealed, SOR/2009-280, s. 33]

 [Repealed, SOR/2009-280, s. 33]

Part VI — General Operating and Flight Rules

Interpretation

 In this Part,

ADIZ

ADIZ or Air Defence Identification Zone means the airspace that extends upward from the surface in those areas of Canada and off the coasts of Canada, the boundaries of which are specified in the Designated Airspace Handbook; (ADIZouzone d’identification de défense aérienne)

aerial application

aerial application means the seeding from an aircraft or the spraying or dusting of chemicals from an aircraft, or any other operation of a similar nature; (traitement aérien)

aerial inspection

aerial inspection means the inspection from an aircraft of crops, forests, livestock or wildlife, the patrolling of pipelines or power lines, a flight inspection or any other operation of a similar nature; (inspection aérienne)

AX class

AX class[Repealed, SOR/2006-77, s. 4]

fly-in

fly-in means an activity during which aircraft are gathered at an aerodrome before an invited assembly of persons, during which no competitive flights between aircraft or aerial demonstrations take place; (rassemblement d’aéronefs)

large aircraft

large aircraft means an aeroplane having a maximum permissible take-off weight in excess of 5 700 kg (12,566 pounds) or a rotorcraft having a maximum permissible take-off weight in excess of 2 730 kg (6,018 pounds); (gros aéronef)

police authority

police authority means the Royal Canadian Mounted Police, Ontario Provincial Police, Sûreté du Québec or Canadian Coast Guard, or any municipal or regional police force established pursuant to provincial legislation. (corps policier)

Subpart 1 — Airspace

Division I — Airspace Structure, Classification and Use

Airspace Structure
  •  (1) Controlled airspace consists of the following types of airspace:

    • (a) the Arctic Control Area, Northern Control Area and Southern Control Area;

    • (b) high level airspace;

    • (c) high level airways;

    • (d) low level airspace;

    • (e) low level airways;

    • (f) fixed RNAV routes;

    • (g) terminal control areas;

    • (h) military terminal control areas;

    • (i) control area extensions;

    • (j) transition areas;

    • (k) control zones;

    • (l) restricted airspace;

    • (m) advisory airspace;

    • (n) military operations areas; and

    • (o) danger areas.

  • (2) Uncontrolled airspace consists of the following types of airspace:

    • (a) high level airspace;

    • (b) low level airspace;

    • (c) high level air routes;

    • (d) low level air routes;

    • (e) fixed RNAV routes;

    • (f) restricted airspace;

    • (g) advisory airspace;

    • (h) military operations areas; and

    • (i) danger areas.

  • (3) The horizontal and vertical limits of any type of airspace referred to in subsection (1) or (2) are

    • (a) in the case of a high level air route, a low level air route and an uncontrolled fixed RNAV route, those specified on an aeronautical chart; or

    • (b) in any other case, those specified in the Designated Airspace Handbook.

  • (4) The geographical location and the horizontal and vertical limits of the following items are those specified in the Designated Airspace Handbook:

    • (a) Canadian Domestic Airspace;

    • (b) Canadian minimum navigation performance specifications (CMNPS) airspace;

    • (c) the CMNPS transition area;

    • (d) reduced vertical separation minimum (RVSM) airspace;

    • (e) required navigation performance capability (RNPC) airspace;

    • (f) transponder airspace;

    • (g) the air defence identification zone (ADIZ);

    • (h) flight information regions (FIR);

    • (j) standard pressure regions;

    • (i) altimeter setting regions;

    • (k) mountainous regions; and

    • (l) any other areas, zones, regions and points.

  • SOR/2006-77, s. 5
  • SOR/2015-160, s. 26
 
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