EXEMPTION FROM CERTAIN CANADIAN AVIATION REGULATIONS TO FACILITATE THE IMPLEMENTATION OF SAFETY MANAGEMENT SYSTEMS BY AIR OPERATORS

From: Transport Canada

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 holders of Air Operator Certificates (AOC) issued prior to May 31, 2005, under section 705.07 of the Canadian Aviation Regulations (CARs) and Accountable Executives appointed under paragraph 106.02(1)(a) in respect of those certificates, from the requirements set out in paragraph 106.02(1)(c), section 107.02, paragraph 700.09(1)(i) and sections 705.154 and 706.15 of the CARs, subject to the conditions stated herein.

CAR 106.02(1)(c) requires the Air Operator to ensure that the accountable executive submits to the Minister a signed statement that they accept the responsibilities of their position within 30 days after their appointment.

CAR 107.02 requires the Air Operator to establish, maintain and adhere to a safety management system (SMS).

CAR 700.09(1)(i) requires the Air Operator to conduct reviews of the SMS to determine its effectiveness.

CAR 705.154 requires the Air Operator who also hold an AMO certificate to adhere to the requirements referred to in section 573.30 with respect to a safety management system when undertaking maintenance control activities under Subpart 706.

CAR 706.15 requires the Air Operator to adhere to the requirements set out in section 705.151 and section 705.154 with respect to a safety management system for all maintenance control activities performed under Subpart 706.

PURPOSE

The purpose of this exemption is to enable Air Operators to introduce a safety management system in an orderly manner and without disruption of their normal operations, by following the SMS implementation program published by the Minister in the Implementation Procedures Guide for Air Operators and Approved Maintenance Organizations (TP 14343).

APPLICATION

This exemption applies to holders of Air Operator certificates issued prior to May 31, 2005, under section 705.07 of the CARs, and Accountable Executives appointed under CAR 106.02(1)(a) in respect of those certificates.

CONDITIONS

This exemption is subject to the following conditions:

  1. Where the Air Operator is also the holder of an AMO certificate for an organization that maintains any of the operator’s aircraft, the authority and responsibilities of the AOC’s Maintenance Manager shall be transferred to the person responsible for maintenance (PRM) of the AMO;
  2. The Air Operator shall continue to comply with all procedures documented in the company operations manual and maintenance control manual as they stood on the date preceding the coming-into-force date of the SMS regulations, until such time these manuals are amended in accordance with the respective phases of the SMS implementation program; and
  3. The Air Operator shall complete the following actions within the time periods indicated below:
    1. Before September 30, 2005 :
      1. Ensure that the Accountable Executive submits the signed statement required by CAR 106.02(1)(c); and
      2. Complete Phase One of the SMS implementation program outlined in the Implementation Procedures Guide for Air Operators and Approved Maintenance Organizations (TP 14343);
    2. Before September 30, 2006, correct any deficiencies in the project plan submitted as part of Phase One, that have been identified by Transport Canada and complete Phase Two of the SMS implementation program;
    3. Before September 30, 2007, complete Phase Three of the SMS implementation program in accordance with the project plan; and
    4. Before September 30, 2008, complete Phase Four of the SMS implementation program in accordance with the project plan.

VALIDITY

This exemption is in effect until the earliest of:

  1. 23:59 EDT on September 30, 2008;
  2. The date on which any of the conditions set out in this exemption is breached; or
  3. The date on which this exemption is canceled in writing by the Minister, where he is of the opinion that it is no longer in the public interest, or it is likely to affect aviation safety.

 

Dated at Ottawa, Ontario, Canada this 13th day of June 2005, on behalf of the Minister of Transport.

Original signed by Franz Reinhardt

Merlin Preuss
Director General
Civil Aviation

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