Canadian Aviation Regulations (SOR/96-433)

Maintenance Personnel and Facilities

406.37 A flight training unit shall provide the person who is responsible for its maintenance control system with the staff, facilities, technical and regulatory data, supplies and spare parts referred to in the personnel licensing standards that are necessary for compliance with this Subpart.

Maintenance Control Manual

• 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.

Maintenance Arrangements

• 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.

Technical Dispatch Procedures

406.40 A flight training unit that operates an aeroplane or a helicopter shall establish and comply with policies and procedures to ensure that an aircraft is not operated unless it is

• (a) airworthy;

• (b) appropriately equipped, configured and maintained for its intended use; and

• (c) maintained in accordance with the flight training unit’s maintenance control manual.

Defect Rectification and Control Procedures

406.41 A flight training unit that operates an aeroplane or a helicopter shall include in its maintenance control system the procedures referred to in the personnel licensing standards for

• (a) recording aircraft defects;

• (b) ensuring that defects are rectified in accordance with the requirements of these Regulations;

• (c) detecting defects that recur and identifying those defects as recurring defects; and

• (d) subject to sections 605.09 and 605.10, scheduling the rectification of defects whose repair has been deferred.

Service Difficulty Reporting

406.42 The holder of a flight training unit operator certificate who operates an aeroplane or a helicopter shall report to the Minister, in accordance with Division IX of Subpart 21 of Part V, any reportable service difficulty related to any aircraft that it operates.

Elementary Work

406.43 No flight training unit that operates an aeroplane or a helicopter shall authorize a person to perform, without supervision, a task that is elementary work set out in section 605.85 unless the person

• (a) has satisfactorily completed training for the task under a training program required by section 406.45; and

• (b) has previously performed that task under the direct supervision of the holder of an aircraft maintenance engineer (AME) licence or a training organization approved pursuant to Subpart 3.

Servicing

406.44 A flight training unit that operates an aeroplane or a helicopter shall ensure that each person who performs or requests the performance of servicing has satisfactorily completed training, under a training program required by section 406.45, for the servicing to be performed.

Training Program

406.45 A flight training unit that operates an aeroplane or a helicopter shall implement a training program to ensure that persons who are authorized to perform a function under this Division are trained in respect of the regulations, standards and flight training unit procedures applicable to that function, as specified in the personnel licensing standards.

Maintenance Personnel Records

• 406.46 (1) A flight training unit that operates an aeroplane or a helicopter shall establish, maintain and retain for at least two years after an entry is made a record of maintenance personnel that meets the personnel licensing standards.

• (2) Where an authorization is given or training is completed, the flight training unit shall provide a copy of each record required by subsection (1) to the person to whom the record refers.

Quality Assurance Program

• 406.47 (1) The holder of an operator certificate issued in respect of a flight training unit that operates an aeroplane or a helicopter shall, in order to ensure that its maintenance control system and all of the included maintenance schedules continue to be effective and to comply with these Regulations, establish and maintain a quality assurance program that

  • (a) is under the sole control of

    • (i) the person responsible for the maintenance control system appointed under paragraph 406.19(1)(a), or

    • (ii) the person to whom the management functions for the program have been assigned under subsection 406.36(2); and

  • (b) meets the requirements of section 426.47 of the personnel licensing standards.

• (2) The person responsible for the maintenance control system shall ensure that records relating to the findings resulting from the quality assurance program are distributed to the appropriate manager for corrective action and follow-up in accordance with the policies and procedures specified in the maintenance control manual (MCM).

• (3) The person responsible for the maintenance control system shall establish an audit system in respect of a quality assurance program that consists of the following:

  • (a) an initial audit within 12 months after the date on which the flight training unit operator certificate is issued;

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

  • (c) a record of each occurrence of compliance or non-compliance with the MCM 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 and, if management functions have been assigned to another person under subsection 406.36(2) or (3), to that person;

  • (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) If a flight training unit that operates an aeroplane or a helicopter is also the holder of an approved maintenance organization (AMO) certificate issued under section 573.02, the person responsible for the quality assurance program of the flight training unit under paragraph (1)(a) shall be the person responsible for the quality assurance program of the AMO.

• (6) The duties related to the quality assurance program that involve specific tasks or activities within a flight training unit’s activities shall be fulfilled by persons who are not responsible for carrying out those tasks or activities.

[406.48 and 406.49 reserved]

Division V — Flight Training Operations

Operational Control System

406.50 No flight training unit that conducts flight training in accordance with a flight training operations manual that has been approved by the Minister shall operate an aircraft unless the flight training unit has an operational control system that meets the personnel licensing standards and is under the control of its chief flight instructor.

Aircraft Operations Requirements

• 406.51 (1) A flight training unit that operates an aeroplane to conduct training for a private pilot licence, a commercial pilot licence or a flight instructor rating shall have access to at least one aeroplane that is certified under Part V for the spin manoeuvre.

• (2) A flight training unit that operates a helicopter to conduct training for a pilot permit — recreational, a private pilot licence, a commercial pilot licence or a flight instructor rating shall have access to at least one helicopter that is configured for and capable of full-on autorotational landings.

Facilities at Base of Operations

406.52 A flight training unit shall have facilities at a base of operations that meet the personnel licensing standards.

Dispatch of Aircraft

406.53 No flight training unit that operates an aeroplane or a helicopter shall permit a person to conduct a take-off in an aircraft that is subject to the operational control of the flight training unit unless the aircraft has been maintained in accordance with a maintenance control system.

Aircraft Operating over Water

406.54 No flight training unit shall permit a person to operate a land aircraft over water, except when conducting a take-off or landing, beyond a point where the land aircraft could reach shore in the event of an engine failure.

Solo Cross-country Routes

406.55 No flight training unit that operates an aeroplane or a helicopter shall permit a person to conduct the solo cross-country flight required by Subpart 1 for the private pilot licence — aeroplane or the private pilot licence — helicopter unless the flight training unit notifies the Minister in writing of the planned route of the flight originating from the main base or any satellite base.

Daily Flight Record

406.56 A flight training unit that operates an aeroplane, a helicopter or a glider shall, for the purpose of maintaining operational control, establish, maintain and retain for at least two years after an entry is made a daily flight record that meets the personnel licensing standards.