Whereas the applicant for this exemption has completed Phase One of the Safety Management System (SMS) implementation program outlined in the Implementation Procedures Guide for Air Operators and Approved Maintenance Organizations (TP 14343) and its Accountable Executive has submitted the signed statement required by CAR 106.02(1)(c);
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 Jazz Air LP as represented by its general partner Jazz Air Holding GP Inc. carrying on business as Air Canada Jazz, 310 Goudey Drive, Halifax International Airport, Enfield, NS B2T 1W4, holder of Approved Maintenance Organization (AMO) Certificate No. 21-92, issued under section 573.02 of the Canadian Aviation Regulations (CARs), from the requirements set out in section 107.02 and paragraph 573.03(1)(h) of the CARs, subject to the conditions stated herein.
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.
The purpose of this exemption is to enable Jazz Air LP, holder of AMO certificate No. 21-92 issued February 2, 2006, under section 573.02 of the CARs, as represented by its general Partner Jazz Air Holding GP Inc. doing business as Air Canada Jazz, and whose certificate include ratings for an aircraft of a type that, if operated in commercial air transport, would be subject to subpart 705 of the CARs Airline Operations, to introduce a safety management system in an orderly manner and without disruption of its 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). This exemption has been issued specifically Jazz Air LP, doing business as Air Canada Jazz, to permit it to continue to implement a safety management system in accordance with the original exemption of June 2005, following the issuance of Approved Maintenance Organization Certificate No. 21-92 due to a change of the legal entity.
This exemption applies to Jazz Air LP as represented by its general Partner Jazz Air Holding GP inc. doing business as Air Canada Jazz, holder of AMO Certificate No. 21-92 issued February 2, 2006, under section 573.02 of the CARs.
This exemption is subject to the following conditions:
- As Jazz Air LP is also the holder of Air Operator Certificate (AOC) No. 6434 and the AMO performs maintenance on 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 .
- Jazz Air LP 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.
- Jazz Air LP shall complete the following actions within
the time periods indicated below:
- 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.
This exemption is in effect until the earliest of:
- 23:59 ADT 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 cancelled 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 Moncton, New Brunswick, Canada this 1st day of February 2006, on behalf of the Minister of Transport.
Original signed by
Acting Regional Director
- Date de modification :