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 Approved Maintenance Organization (AMO) certificates issued prior to May 31, 2005, under section 573.02 of the Canadian Aviation Regulations (CARs) that include ratings for an aircraft of a type that, if operated in commercial air transport, would be subject to CAR 705 Airline Operations, 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 and paragraph 573.03(1)(h) of the CARs, subject to the conditions stated herein.
- CAR 106.02(1)(c) requires the holder of the AMO certificate 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 holder of the AMO certificate to establish, maintain and adhere to a safety management system (SMS).
CAR 573.03(1)(h) requires the holder of the AMO certificate to conduct reviews of the SMS to determine its effectiveness.
PURPOSE
The purpose of this exemption is to enable holders of AMO certificates 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 AMO certificates issued prior to May 31, 2005, under section 573.02 of the CARs, whose certificates include ratings for an aircraft of a type that, if operated in commercial air transport, would be subject to CAR 705 Airline Operations, and Accountable Executives appointed under paragraph 106.02(1)(a) in respect of those certificates.
CONDITIONS
This exemption is subject to the following conditions:
- Where the AMO certificate holder is also the holder of an Air Operator Certificate (AOC) and the AMO performs maintenance on any aircraft operated under that AOC, the responsibility for the management of the Air Operator’s maintenance shall be assigned to the person responsible for maintenance (PRM) of the AMO .
- The AMO certificate holder shall continue to comply with all procedures documented in the maintenance policy manual as it stood on the date preceding the coming-into-force date of the SMS regulations, until such time the manual is amended in accordance with the respective phases of the SMS implementation program.
- The AMO certificate holder shall complete the following
actions within the time periods indicated below:
- Before September 30, 2005,
- Ensure that the Accountable Executive submits the signed statement required by CAR 106.02(1)(c); and
- Complete Phase One of the SMS implementation program outlined in the Implementation Procedures Guide for Air Operators and Approved Maintenance Organizations (TP 14343);
- 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;
- Before September 30, 2007, complete Phase Three of the SMS implementation program in accordance with the project plan; and
- Before September 30, 2008, complete Phase Four of the SMS implementation program in accordance with the project plan.
- Before September 30, 2005,
VALIDITY
This exemption is in effect until the earliest of:
- 23:59 EDT on September 30, 2008;
- The date on which any of the conditions set out in this exemption is breached; or
- 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
- Date de modification :