Exemption from subsection 605.86(1) of the Canadian Aviation Regulations

From: Transport Canada

NCR-006-2017

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 adversely affect aviation safety, I hereby exempt private operators from the application of the requirement set out in subsection 605.86(1) of the Canadian Aviation Regulations (CARs) that aircraft must be maintained in accordance with a maintenance schedule that conforms to the Aircraft Equipment and Maintenance Standards, subject to the following conditions.

Section 605.86 of the CARs sets out the requirements for aircraft maintenance schedules. All aircraft, other than ultra-light or hang-gliders, shall be maintained in accordance with a maintenance schedule that meets the requirements of the Aircraft Equipment and Maintenance Standards found in section 625.86 of Standard 625 and where applicable, approved by the Minister.

Section 625.86 of Standard 625 requires that all aircraft maintenance schedules must include the applicable out of phase and equipment maintenance requirements of Appendix C of Standard 625.

Subparagraph 10(a) of Appendix C of Standard 625 sets out the calibration requirements for non-stabilized magnetic direction indicators (MDI) installed on an aircraft.

Section 605.86 of the CARs, section 625.86 of Standard 625 and Item 10 of Appendix C set out in Standard 625 are reproduced in Appendix A.

PURPOSE

The purpose of this exemption is to exempt private operators from complying with the 12 month calibration requirement in subparagraph 10(a) of Appendix C of Standard 625 for installed non-stabilized MDI as required by subsection 625.86 of the Aircraft Equipment and Maintenance Standards made pursuant to subsection 605.86(1) of the CARs.

APPLICATION

This exemption applies to private operators as defined in section 101.01 of the CARs.

This exemption ceases to apply to a private operator who has breached a condition.

CONDITIONS

This exemption is subject to the following conditions:

  1. The aircraft operated is a large or a turbine-powered pressurized aircraft.
  2. The aircraft operated is equipped with two independent stabilized Magnetic Direction Indicators (MDIs) in addition to the non-stabilized direct reading MDI.
  3. The private operator shall have a procedure for monitoring and recording the performance of the non-stabilized MDI set out in the operator’s operations manual.
  4. Except when operating in the area of compass unreliability, the non-stabilized MDI shall be monitored each flight day to verify it is within tolerance against the aircraft’s two independent stabilized MDIs and results of the verification shall be recorded in the aircraft’s journey logbook by the pilot-in-command.
  5. The procedure for monitoring and recording the performance of the non-stabilized MDIs shall be referenced and approved by the Minister pursuant to section 605.86 as part of the aircraft’s approved maintenance schedule.

VALIDITY

This exemption is in effect until the earliest of the following:

  1. May 5, 2022 at 23:59 EDT;
  2. the date on which an amendment to the CARs or related standards, modifying the subject-matter specifically addressed in this exemption, comes into effect; or
  3. 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 adversely affect aviation safety.

DATED at Ottawa, Ontario, this 11th day of May, 2017, on behalf of the Minister of Transport.

“Original signed by”

Aaron McCrorie
Director General, Aviation Safety Regulatory Framework
Civil Aviation

APPENDIX A

Canadian Aviation Regulations

Maintenance Schedule

605.86 (1) Subject to subsection (3), no person shall conduct a take-off in an aircraft, or permit a take-off to be conducted in an aircraft that is in the person's legal custody and control, unless the aircraft is maintained in accordance with

  1. (a) a maintenance schedule that conforms to the Aircraft Equipment and Maintenance Standards; and
  2. (b) where the aircraft is operated under Subpart 6 of Part IV or under Part VII, or is a large aircraft, a turbine-powered pressurized aircraft or an airship, a maintenance schedule approved by the Minister in respect of the aircraft operator pursuant to subsection (2).

(2) The Minister shall approve a maintenance schedule in respect of an aircraft if the schedule conforms to the Aircraft Equipment and Maintenance Standards.

(3) The Minister shall authorize an operator to deviate from the requirements of the applicable maintenance schedule where the operator

  1. (a) submits a request in writing to the Minister in accordance with the Aircraft Equipment and Maintenance Standards; and
  2. (b) demonstrates that the deviation will not affect aviation safety.

Standard 625 - Aircraft Equipment and Maintenance

625.86 Maintenance Schedules

Information Notes:

(i) The phrase “no person shall conduct a takeoff, or permit another person to conduct a take off” is used in the regulations to clearly emphasize an aircraft owner’s responsibility to advise any person operating his/her aircraft of any maintenance that the aircraft might require pursuant to the regulations.

(ii) CAR Part I defines “Owner” as the person who has legal custody and control of the aircraft.

(1) Pursuant to CAR 605.86, all aircraft, other than ultra-light or hang-gliders, shall be maintained in accordance with a maintenance schedule, approved by the Minister, that meets the requirements of this Aircraft Equipment and Maintenance Standard 625.

(2)

  1. (a) As applicable to the type of aircraft, at intervals not to expire later than the last day of the 12th month, following the preceding inspection, Part I and Part II of the Maintenance Schedule detailed in Appendix B of these standards are approved by the Minister for use on other than large aircraft, turbine-powered pressurized aeroplanes, airships, any aeroplane or helicopter operated by a flight training unit under CAR 406, or any aircraft operated by air operators under CAR Part VII. (amended 2007/12/30)
  2. (b) Owners of non-commercially operated small aircraft and balloons must also comply with Appendix C with respect to out of phase tasks and equipment maintenance requirements.
  3. (c) Owners of non-commercially operated small aircraft and balloons who choose to comply with Parts I or II of Appendix B as applicable, and Appendix C, need not submit any documents to the Minister for formal approval. The schedule is considered to be approved for their use by the Minister. Owners need only to make an entry in the aircraft technical records that the aircraft is maintained pursuant to the maintenance schedule.

    Information Notes:

    (i) Part I of Appendix B of these standards applies to small piston engine aircraft and small helicopters not operated in a flight training unit or in a commercial air service, and is performed on an annual basis (i.e. at intervals not exceeding 12 months).

    (ii) Part II of Appendix B of these standards applies to balloons not operated in a flight training unit, in special flight operations, or in a commercial air service and is performed on an annual basis (i.e. at intervals not exceeding 12 months).

(3)

  1. (a) As applicable to the type of aircraft, and when performed in accordance with the guidelines specified therein, at intervals not exceeding 100 hours air time, Part I and Part II of Appendix B of these standards are approved by the Minister for use with respect to balloons operated under CAR 603, to aeroplanes and helicopters operated by flight training units under CAR 406, and to aircraft operated by air operators under CAR Part VII, provided the aircraft are not large aircraft or pressurized turbine-powered aeroplanes.
  2. (b) Owners of commercially operated small aircraft must also comply with Appendix C with respect to out of phase tasks and equipment maintenance requirements.
  3. (c) Owners of commercially operated balloons must comply with Part II of Appendix B, and Appendix C, but need not submit any documents to the Minister for formal approval. The schedule is considered to be approved for their use by the Minister. Owners need only to make an entry in the technical records that the balloon is maintained pursuant to the maintenance schedule.

    Information Notes:

    (i) Part I of Appendix B of these standards applies only to small piston engine aircraft and small helicopters operated in a flight training unit or in a commercial air service, and is performed at intervals not exceeding 100 hours air time.

    (ii) Part II of Appendix B of these standards applies to balloons operated in a flight training unit, in special flight operations or in a commercial air service, and is performed at intervals not exceeding 100 hours air time.

  4. (d) Owners of commercially operated small aircraft, other than balloons, who choose to comply with Part I of Appendix B, and Appendix C, must submit their maintenance schedule for approval by the Minister, in accordance with Appendix D.
  5. (e) Owners of commercially operated small aircraft, other than balloons, may, on the other hand, choose to comply with Appendices C and D, with respect to their maintenance schedule. The latter must be approved by the Minister.

(4) Large aircraft, aeroplanes and helicopters operated by flight training units under CAR 406, large aircraft operated under CAR Part VII, pressurized turbine-powered aircraft, and airships shall be maintained in accordance with the terms of a maintenance schedule that meets the requirements of Appendices C and D and be approved by the Minister. In the case of an operator bringing into use a type of aircraft which they have not previously operated, the Minister can approve, for a limited period of time, the use of an interim schedule which meets the requirements of Appendices C and D, to allow operation of the aircraft while the complete maintenance schedule is under development or review.

Information Note:

Appendix D of these standards applies to: large aircraft; aeroplanes and helicopters operated in a flight training unit; large aircraft operated in a commercial air service; all pressurized turbine-powered aircraft; and airships.

(5) Maintenance schedules, including interim schedules, approved under the provisions of Appendix D pursuant to CAR 605.86(2), shall:

  1. (a) be based upon data obtained from a current, and approved, maintenance review board (MRB) report; or
  2. (b) where no current MRB report exists, be based upon data obtained from:
    1. (i) the current recommendations of the aircraft manufacturer;
    2. (ii) a maintenance schedule approved by the Minister for use by another operator; or
    3. (iii) any other data acceptable to the Minister.

    Information Note: The list shown in (5)(b) above is in the usual order of preference (i.e. the current manufacturer’s recommendations take priority over third-party programs, or other sources). Where an operator wishes to use data which deviates from the above order of preference, the onus is on the applicant to demonstrate that the proposed program is more appropriate to their operation.

(6) Maintenance schedules approved under this section shall contain inspection requirements for the airframe, engine(s), propeller(s), appliances, survival equipment, emergency equipment and other equipment installed on the aircraft, including the applicable out of phase and equipment maintenance requirements of Appendix C, and shall take into account the requirements of any modifications made to the aircraft.

(7) Maintenance schedules approved under this section are not transferrable to another owner or operator without the prior approval of the Minister.

(8) Prior to the commencement of any tolerance to a task required by the maintenance schedule: (amended 2008/12/30)

  1. (a) in the case of an aircraft operated pursuant to Subparts 406, 604 or Part VII, use of the tolerance shall be authorized and controlled in accordance with the operator’s approved procedures as set forth in the applicable operations manual maintenance control manual; (amended 2008/12/30)
  2. (b) in the case of any other aircraft, the aircraft shall be inspected by the holder of an applicable and valid AME license to ensure that it is in satisfactory condition to operate for the period of the tolerance; (amended 2008/12/30)
  3. (c) where the inspection or other work required to support use of a tolerance constitutes a maintenance activity, a maintenance release will be required; and (amended 2008/12/30)
  4. (d) tolerances are not permitted in respect of tasks mandated by airworthiness limitations or airworthiness directives. (amended 2008/12/30)

    Information Notes:
    (amended 2008/12/30)

    1. (i) The manufacturer’s tolerance recommendations in an operator’s maintenance schedule is subject to approval by the Minister. The applicant must demonstrate that the circumstances leading to the application of a tolerance are within the control of the applicant and that the approval of tolerances will not jeopardize the safety of the product or service. Moreover, if the Minister becomes aware that the operator is misusing the tolerances, or that the pertinent procedures set out in the MCM or operations manual are not being followed, the approval of the tolerances may be withdrawn by the Minister. (amended 2008/12/30)
    2. (ii) Each check set out in a maintenance schedule must be tracked independently. For example, a 1,000 hour check is not the 10th 100 hour check. It is a check due 1000 hours from the last 1,000 hour inspection. (amended 2008/12/30)
    3. (iii) Each scheduled interval of a task is calculated from the time the task was last carried out, regardless if a tolerance is applied. For example, where the first interval of a 100 hour check is carried out at 110 hours, the next inspection is due at 210 hours. (amended 2008/12/30)
    4. (iv) The intervals applicable to the tasks forming part of progressive inspections are to be kept in the same order of events. For example, where the manufacturer’s recommendation is to accomplish a task each 200 hours, if that task is carried out in the beginning of a first phase of a 200 hour cycle, it must be repeated in the same time frame of the next cycle. Otherwise, if that particular task is carried out at the end of the last phase of the next cycle, it could inappropriately accumulate close to 400 hours between tasks accomplishments. (amended 2008/12/30)
    5. (v) Prior to the commencement of a tolerance to a component task interval, maintenance action may be required to confirm continued serviceability of the component. For example, before using a tolerance to an engine TBO, filter checks or power runs may be appropriate. (amended 2008/12/30)

(9) Under the provisions of CAR 605.86(3), the Minister can, on receipt of a fully documented application, authorize an operator to exceed his approved inspection interval. Such authorizations shall be applicable on a case by case basis, and do not constitute a permanent amendment to the operator’s approved maintenance schedule. Prior to the commencement of any authorization issued pursuant to this subsection, the aircraft shall be inspected to the degree necessary to ensure that it is airworthy, and in satisfactory condition to operate for the period covered by the authorization.

(10) An owner or operator using a maintenance schedule approved in accordance with this section, shall amend that schedule when so directed by the Minister.

(11) Pursuant to CAR 605.86(3), an owner or operator using a maintenance schedule approved in accordance with this section can also amend the schedule as a result of operating experience, provided that, prior to utilizing the provisions of the amended schedule, the amendment is:

  1. (a) approved by the Minister; or
  2. (b) approved in accordance with a Maintenance Monitoring Program that meets the requirements of Appendix E of these standards.

Standard 625 - Aircraft Equipment and Maintenance

Appendix C – Out of Phase Tasks and Equipment Maintenance Requirements

Paragraph 10

10. Non-stabilized Magnetic Direction Indicators (MDIs)

  1. (a) Except as provided in (b) and (c), non-stabilized magnetic direction indicators shall be calibrated, and a dated correction card installed for each indicator, at intervals not exceeding 12 months;
  2. (b) The annual calibration requirement of (a) does not apply to an aircraft operating under an air operator certificate, or to any large or turbine-powered pressurized aircraft, where:
    1. (i) the aircraft is equipped with two independent stabilized magnetic direction indicators in addition to the non-stabilized direct reading magnetic direction indicator; and
    2. (ii) a procedure for monitoring and recording the performance of the magnetic direction-indicators is detailed in the flight training units, or in the air operator's approved maintenance control manual approved pursuant to CAR 406 and CAR 706 respectively.
  3. (c) The calibration requirement of (a) (i) can be postponed, for the purpose of flights commencing or terminating within the area of compass unreliability, as defined in the Designated Airspace Handbook (TP 1820), or any of a series of flights conducted within a period of seven consecutive days, where the series commences within the area of compass unreliability.
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