Maintenance and Manufacturing Staff Instructions (MSI) No. 69

From: Transport Canada

Subject: Number: MSI 69
Minister’s Delegate Production – MD-P Revision No: 0
  Number of Pages: 18
File No: AARP-5009-3-69 Issue Date: January 30, 2006
 

1. Purpose

1.1 The purpose of this staff instruction is to provide procedural guidelines to personnel associated with the issuance of a delegation of authority to qualified individuals, enabling them to act as a Minister's Delegate - Production (MD-P).

2. Background

2.1 The Aeronautics Act, Paragraph 4.3(1), states "The Minister may authorize any person or class of persons to exercise or perform, subject to any restrictions or conditions that the Minister may specify, any of the powers, duties or functions of the Minister under this Part, other than the power to make a regulation, an order, a security measure or an emergency direction". For this purpose, the Minister has approved the Delegation of Authority Document No. 149545.

2.2 Pursuant to the Airworthiness Manual, Chapter 561, a Minister's Delegate (Airworthiness Inspection Representative) may issue airworthiness documents, when authorized, in accordance with the Airworthiness Manual, Chapter 505 Subchapter D (AWM 505D).

2.3 Airworthiness Manual, Chapter 505 Subchapter D prescribes the conditions under which the Minister may authorize a person to act on his behalf as a MD-P.

Note: - Delegate titles have changed from Airworthiness Inspection Representatives to Minister’s Delegate Maintenance and Manufacturing. Minister’s Delegate Production – MD-P (Old AIR) is an authorized person employed by a manufacturer who has been granted authority in accordance with Subchapter D of Airworthiness Manual 505 titled Airworthiness Inspection Representative (AIR) and may issue on behalf of the Minister, Original Certificates of Airworthiness for newly manufactured aircraft and Certificates of Airworthiness for Export for newly manufactured aircraft.

3. References

3.1 Aeronautics Act;

3.2 Airworthiness Manual (Chapter 561);

3.3 Airworthiness Manual (Chapter 505, Subchapter D);

3.4 Maintenance and Manufacturing Policy Letter MPL 21 Minister’s Delegate – Rules of Conduct

3.5 Maintenance and Manufacturing Policy Letter MPL 29 External Delegation of Authority

4. Application Procedures

4.1 Applications for Minister’s Delegate - Production (MD-P) delegation should be in the form and manner prescribed in Airworthiness Manual Chapter 505 Subchapter D. (505.305 Application Procedures)

5. Application Review

5.1 Individuals processing the application are responsible for ensuring that all requirements pertaining to the application and its assessment have been met.

5.2 The processing of an application involve the following phases:

  1. Opening of a file;
  2. Initial review of application and supporting documentation to verify the nominee's eligibility and the initial review of the applicant organization’s delegate’s manual or section of the applicant’s Quality Program Manual to verify compliance with the procedures of AWM 505 D;
  3. Rejection of an application;
  4. Interview of the nominee;
  5. Verify completion of applicable MD-P's On the Job Training Program (OJT) ref. Appendix B;
  6. Final review prior to recommendation for Delegation of Authority issuance; and approval of delegate manual or section of the Quality Program Manual, which deals with MD-P’s and Issuance of the Delegation of Authority;
  7. Issuance of DOT Embossing Seal and Inspection Stamp.

5.3 Opening a File

  1. Upon receipt of an application for MD-P a file must be opened which shall contain all documentation pertaining to the application and subsequent documentation relating to the MD-P Delegation.
    Note: New applicant documents should be saved onto the Minister’s Delegation general file until delegation has been granted at which time a new classification 5015-22-XXXX file would be created and all pertinent delegate documents re-classified.
  2. Each region shall assign a unique number to the MD-P.
    Note: Number series have been assigned to each Region by AARP. Any request for additional numbers should be directed to Standards and Procedures Division (AARPE)
  3. Documents pertaining to Minister’s delegates shall be stored in the following file:
    1. 5015-22 Minister’s Delegations
    2. 5015-22-0 Minister’s Delegations – Policy
    3. 5015-22-1 Minister’s Delegations – General
    4. 5015-22-XXXX Minister’s Delegate, where “XXXX” is a unique MD-P number.
      Note: File numbers will be preceded by the appropriate regional designator (for example, NAH 5015-22-XXXX)

5.4 Initial Review

Applications received for MD-P delegation of authority are to be reviewed against the requirements of Airworthiness Manual, Chapter 505 Subchapter D. Particular attention must be given during the evaluation of the application as experience and knowledge of the candidate must commensurate with the requested scope of delegation. Review the application letter and accompanying documentation for:

  1. Applicant Organization
     
    1. Condition of Delegation
      Verify the Applicant Organization is an Aircraft Manufacturer Certificate holder.
    2. Mailing Address
      Verify the applicant's complete address.
    3. Privileges Sought
      Type of privileges for which Minister's Delegation is being sought.
    4. Manual Review
      Review, as appropriate, the Applicant Organization's Delegate Manual or where the information is part of the applicant's Quality Program Manual, the section of the Quality Program Manual (QPM) that delineates Minister’s Delegate - Production (MD-P) activities. The manual shall meet the standards of Airworthiness Manual (AWM), Chapter 561 and Airworthiness Manual (AWM) Chapter 505 Subchapter D. It shall include, for each Applicant Organization's nominee, the identity of the person to whom that person reports; in the case of a large organization, this will usually be accomplished by means of an organizational chart. In the case where the manual does not meet these requirements, the Applicant Organization shall be notified, by written statement, of the areas where the manual fails to meet the requirements.
  2. Applicant Organization's Nominee
     
    1. Full Name
      Verify the nominee's full name either with previous information on file or as shown on supporting documents such as:
       
      1. Canadian Citizenship Certificates;
      2. Birth or Baptismal Certificates;
      3. Passports; or
      4. A Federal or provincial identifying document, showing the nominee's name.
    2. Position Held
      Verify the Applicant Organization's nominee is an Authorized Inspector, authorized, on behalf of the manufacturer, to issue manufacturer’s release certification for complete aircraft, and a full-time employee of the Applicant Organization.
    3. Mailing Address
      Verify the nominee's complete address.
    4. Nominee's Record
       
      1. Verify nominee's resume and ensure that the nominee has at least five years experience in the technological field in which he/she is employed, two years of which must have been in work directly related to the inspection of the aeronautical products, or those of a similar type and complexity, for which he/she is being nominated.  Ensure the resume is signed and dated by the nominee.
      2. Verify details of any certificates or licenses held by the nominee. If the nominee is an Aircraft Maintenance Engineer (AME) license holder, verify that the nominee's Aircraft Maintenance Engineer (AME) license number agrees with the number on file and in the Aircraft Maintenance Engineer System (AMES) database. Check the inactive box in the AMES database to ensure that the license is not suspended.
      3. Verify that the personal record of the nominee in relation to aviation is free of any convictions under the Aeronautics Act and/or the Canadian Aviation Regulations.
    5. Nominee's Acceptation
      Verify statement of acceptance by the nominee agreeing to accept the delegation of authority.
  3. Supporting Documentation

    Ensure that all documents supplied in support of the application are either originals, or certified true copies. In the case of original documents which the applicant or the nominee wishes returned (e.g. course certificates, licenses, etc.), photocopy documents and certify them true copies. Facsimiles may be accepted where necessary to expedite an application but the original documents shall be received prior to issuing the Delegation. All documents are to be stored into RDIMS in accordance with the applicable regional administrative procedures.

5.5 Rejection of Application

Where an application is determined to be unacceptable, in respect of which the application is made does not meet the qualifications or fulfill the conditions necessary for the issuance of the document, the Minister may refuse to issue that document in accordance with 6.71 or the Aeronautics Act and shall issue a written statement (letter) to the Applicant Organization stating the reason for application rejection. Copies of all documentation shall be retained on the Applicant Organization's file.

5.6 Interview of Nominee

  1. Using standard interviewing practices verify the nominee has a satisfactory working knowledge of the Canadian Aviation Regulation requirements, the Federal Aviation Administration (FAA) and any other foreign authority requirements as applicable to the Minister's Delegation privileges sought by the Applicant Organization.
  2. Verify the nominee has a satisfactory working knowledge of the Applicant Organization's Quality System for the type of Minister's Delegation privileges sought by the Applicant Organization.
  3. Verify the nominee has a satisfactory working knowledge of the Applicant Organization's technical requirements for the type of Minister's Delegation privileges sought by the Applicant Organization. Following the interview the applicant organization is to be advised within 48 hours of the result of the interview. The results are to be categorized as either (1) suitable, (2) suitable but requires further training or (3) unsuitable. Should any nominee be declared unsuitable the applicant organization is to be provided with a written explanation of the reason for the unsuitability in a letter to be mailed within seven (7) working days following the interview.

5.7 Training

  1. The applicant organization will be responsible for identifying and providing the nominee with the applicable On The Job Training (OJT) regarding his/her delegated activities (ref. Appendix B). The applicability of tasks for the nominee will be based on the scope of authority sought and the limitations of the AWM 561- certificate holder.

5.8 Final review and recommendation

Prior to the recommendation of the nominee for the delegation of authority, the individual responsible for the recommendation will:

  1. Complete a final review of the application, all supporting documents and all related evaluation reports;
  2. Complete a final review of the Delegate Manual or Quality Program Manual, as applicable, and ensure that the manual meets the standards of Airworthiness Manual (AWM) Chapter 561 and Airworthiness Manual (AWM) Chapter 505 Subchapter D;
  3. Verify that the nominee has successfully completed the Minister’s Delegate, Production (MD-P) On the Job Training (OJT); and
  4. By memorandum to the Regional Manager, state that the nominee has met the standards of Airworthiness Manual (AWM) Chapter 505 Subchapter D and is recommended to receive the Minister’s Delegate, Production (MD-P) delegation.  State applicable delegation's limitations recommended.

5.9 Issuance of DOT Embossing Seals and Inspection Stamps

The Minister will issue to the successful applicant an MD-P identification card specifying the scope of delegation, a controlled inspection stamp and a Department of Transport seal. These items remain the property of the Minister and shall be kept in a secure location. The inspection stamps are for the exclusive use of MD-Ps, and are only to be used for the issue of Certificates of Airworthiness, Special Certificates of Airworthiness - Restricted and Export Airworthiness Certificates.

Stamps, seals and identification cards are available from the Standards and Procedures Division of the Maintenance and Manufacturing Branch.

A letter shall accompany the seals and inspection stamps, to serve as an acknowledgment of receipt. This letter shall be signed and dated by the MD-P and returned to the applicable regional office. A sample letter is included as Appendix A to this MSI.

Regional Managers shall ensure that the stamps are recorded against each MD-P’s name, and that this record is maintained until such time as the delegation is terminated or revoked.

6. Access to Transport Canada Documentation

6.1 Excluding access to proprietary documentation and government files, at no cost to Transport Canada, the Minister’s Delegate, Production (MD-P) shall be afforded access to Transport Canada regulatory and technical documentation. All material shall remain on Transport Canada premises.

7. Rules of Conduct

7.1 As a minimum, the MD-P delegate shall be aware of the government conflict of interest guidelines and rules of conduct governing MD-P activities as contained in Aircraft Maintenance Policy Letter (MPL) No.21.

8. Limitations

8.1 Minister’s Delegate - Production (MD-P) may issue within the limits prescribed in Schedule 7 Minister’s Delegate, Maintenance and Manufacturing and to any other limitations imposed by the terms of their appointment, Certificates of Airworthiness, Special Certificates of Airworthiness - Restricted and Certificates of Airworthiness for Export for newly manufactured aircraft, limited to the aircraft types specified in the applicant organizations Quality Program Manual.

8.2 The Minister’s Delegate - Production (MD-P) shall not issue a Certificate of Airworthiness, Special Certificate of Airworthiness - Restricted or Export Airworthiness Certificate, in respect of an aircraft for which he has also made an application for issuance or has completed an attestation of condition and conformity, or make any recommendation relating to such application or attestation.

8.3 In addition to their Minister’s Delegation, Minister's Delegate may be entitled by Foreign Civil Aviation Authorities to deliver Airworthiness Certificates on their behalf pursuant to the Foreign Civil Aviation Authority's specified guidelines.

9. Termination

9.1 A Minister’s Delegate - Production (MD-P) delegation of authority shall be of an indefinite period, however any authorization shall be terminated when:

  1. The Minister’s Delegate - Production (MD-P) or the employer requests cancellation;
  2. The activity for which the delegations of authority is granted ceases to warrant the services of a Minister’s Delegate - Production (MD-P);
  3. The Minister’s Delegate - Production (MD-P) leaves the employment of the employer organization;
  4. The Minister’s Delegate - Production (MD-P) is not carrying out his responsibilities in a manner acceptable to the Minister; or
  5. For any other reason considered appropriate by the Minister.

10. MD-P Activity Oversight

The Regional Manager or a person designated by him/her shall carry out periodic oversights of Minister’s Delegate - Production (MD-P) activities through spot check inspections of Minister’s Delegate - Production (MD-P) files and of the products for which a Canadian aviation document has been issued by the MD-P.

11. Effective date

11.1 This instruction comes into effect immediately.

12. HQ Contact

12.1 The responsible officer indicated below may be contacted for information regarding this MSI:

Jeffrey Phipps
Chief, Standards and Procedures (AARPE)
Aircraft Maintenance & Manufacturing
E-mail: phippsj@tc.gc.ca
Phone: (613) 952-4386
Facsimile: (613) 952-3298

D.B. Sherritt
Director,
Maintenance and Manufacturing

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