Exemption from the requirements of Sections 571.04, 571.08, Subsection 571.10(1), and Paragraph 573.11(1)(c) of the Canadian Aviation Regulations
Pursuant to subsection 5.9(2) of the Aeronautics Act, and after taking into account that the exemption is in the public interest and is not likely to affect aviation safety, I hereby exempt Vancouver Island Helicopter Logging Ltd., #2-9600 Canora Road, Sidney, British Columbia, V8L 4R1, (hereinafter VIH Logging Ltd.) from the requirements set out in Sections 571.04, 571.08, Subsection 571.10(1) and paragraph 573.11(1)(c) of the Canadian Aviation Regulations, (CAR) subject to the attached Schedule of Conditions.
The provisions referred to above are detailed in Appendix A – Affected Regulations.
Purpose
The purpose of this exemption is to permit VIH Logging Ltd., to install overhauled components supplied by foreign maintenance organizations that do not hold a Foreign Aircraft Maintenance Organization (FAMO) certification.
Application
This exemption applies to VIH Logging Ltd., when installing overhauled components on their Canadian registered Kamov Ka32A-11BC helicopters only.
Conditions
This exemption is subject to the conditions detailed in Appendix B – Schedule of Conditions.
Validity
This exemption is in effect until the earliest of the following:
- EDT at midnight on the 30th of September, 2006.\
- the date on which any condition set out in the attached Schedule of Conditions is breached; or
- the date on which this exemption is cancelled in writing by the Minister, where he is of the opinion that it is no longer in the public interest or is likely to affect aviation safety.
Dated at Ottawa, Ontario, Canada, this 30th day of March 2005, on behalf of the Minister of Transport.
[Original signed by Gilles Bourgeois] for
M.R. Preuss
Director General,
Civil Aviation.
APPENDIX A
AFFECTED REGULATIONS
Specialized Maintenance
571.04 No person shall perform the specialized maintenance set out in Schedule II to this Subpart on an aeronautical product other than an aircraft operated under a special certificate of airworthiness in the owner-maintenance or amateur-built classification, except in accordance with
(a) a maintenance policy manual (MPM) established by the holder of an approved maintenance organization (AMO) certificate issued pursuant to Section 573.02 with a rating of a category appropriate to the work to be performed; or
(b) a foreign document equivalent to an MPM established by a maintenance organization approved under the laws of the state that is party to an agreement with Canada, and the agreement provides for recognition of the work to be performed.
Installation of Used Parts
571.08 (1) No person shall install a used part on an aeronautical product, other than aircraft that are operated under a special certificate of airworthiness in the owner- maintenance or amateur-built classification, unless the part meets the standards of airworthiness that are applicable to the installation of used parts and are set out in Chapter 571 of the Airworthiness Manual and
(a) is an airworthy part that has been removed from an aircraft for immediate installation on another aircraft;
(b) is an airworthy part that has undergone maintenance for which a maintenance release has been signed pursuant to paragraph 571.11(2)(c); or
(c) has been inspected and tested to ensure that the part conforms to its type design and is in a safe condition, and a maintenance release has been signed to that effect.
(2) If, under the terms of a loan agreement or an operator parts pooling agreement, a used part has been obtained from a source not subject to these Regulations, no person shall permit the part to remain in service for longer than 90 days unless specifically authorized by the Minister on receipt of documentation demonstrating that the part conforms to the applicable type design.
Maintenance Release
571.10 (1) No person shall sign a maintenance release required pursuant to Section 605.85 or permit anyone whom the person supervises to sign a maintenance release, unless the standards of airworthiness applicable to the maintenance performed and stated in Chapter 571 of the Airworthiness Manual have been complied with and the maintenance release meets the applicable requirements specified in Section 571.10 of the Airworthiness Manual.
Maintenance Arrangements
573.11(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) ……
(b) ……
(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.
SCHEDULE OF CONDITIONS
- No change in the operation or type of aircraft shall be made by the air operator, except in the case of emergency, without first obtaining the authorization from the Minister.
- Operations permitted by this exemption shall be subject to the performance limitations contained in the approved aircraft flight manual associated with the aircraft type certificate and the certificate of airworthiness for the aircraft used.
- This exemption shall be valid only while the Approved Maintenance Organization (AMO) is in possession of a valid permit, certificate, license or other document authorizing the installations for which this temporary authority is granted.
- The air operator shall be responsible for complying with the Transportation of Dangerous Goods Act, 1992 and Regulations and for obtaining any necessary permits while carrying dangerous goods pursuant to this exemption.
- Nothing in this exemption relieves the Air Operator or the AMO from compliance with the provisions of any Canadian aviation documents that have been issued pursuant to the Aeronautics Act.
- When directed by Transport Canada, the Air Operator shall make the aircraft available for inspection, both on the ground and in flight, by Airworthiness, Dangerous Goods and Flight Operations Inspectors, in accordance with the Aeronautics Act.
- This exemption is issued to permit the installation of overhauled components (hereafter referred to as "parts") on Canadian-registered Kamov Ka32A-IIBC helicopters operated by VIH Logging Ltd., only.
- The overhauled parts shall have been overhauled by:
- the Interstate Aviation Committee Aviation Registry (IAC AR)-approved manufacturer of the part; and
- the IAC AR-approved overhaul organization, in accordance with IAC AR- approved overhaul instructions and procedures.
- The overhauled parts shall have complete maintenance records showing service history.
- The overhauled parts shall have the applicable foreign equivalent of a Quality Certificate signed by the authorized approved overhaul organization personnel, certifying that the part is serviceable and may be exported for installation on the Kamov Ka32A-IIBC helicopter.
- The overhauled parts shall have the applicable foreign equivalent of a Canadian Aviation Regulation maintenance release signed by the authorized IAC AR- approved overhaul organization personnel.
- The overhauled parts shall be subject to scheduled maintenance and operating limitations as set forth in the Kamov Ka32A-11BC Type Certificate Data Sheet, Maintenance Manual and Flight Manual.
- Date de modification :