Maintenance and Manufacturing Policy Letters (MPL)

From: Transport Canada

Operational Airworthiness

 

Subject: Number: MPL 15
Minister's Delegate - Maintenance Revision No: 3
  Number of Pages: 1
File No: AARP-5009-0-15 Issue Date: March 21, 2000

 

 

1. Purpose

1.1 The purpose of this letter is to provide the policy and standards associated with the issuance of a delegation of authority to qualified individuals, enabling them to act as a Minister's Delegate - Maintenance (MD-M) which is a subsection of the Minister's Delegate - Maintenance and Manufacturing (MD-MM).

2. Background

2.1 The MD-M program was established to provide the aviation industry with a mechanism that allows qualified individuals, other than Civil Aviation Safety Inspectors, to issue Certificates of Airworthiness and Special Certificates of Airworthiness - Restricted, in respect of imported type certified aircraft.

2.2 The proposed AWM 505 Subchapter G, titled Minister's Delegate - Maintenance, will contain the standards for delegation of MD-M authority. AWM 505 Subchapter G has yet to be published; however, it was widely consulted under NPA-93-10 which was titled Airworthiness Inspection Representative - Maintenance.

2.3 Taking into account the experience gained during the past 2 years, including discussions and agreement from the 1998 Niagara Workshop, further changes have been made respecting this initiative and are reflected herein. Based on the individual's ability to meet the requirements, the MD-M program now allows qualified individuals to issue Export Airworthiness Certificates in respect of used aircraft.

3. Policy

3.1 The policy regarding issuance of delegation of authority credentials is contained in Maintenance Policy Letter # 29 (MPL 29), which has been developed to address not only the issuance of delegation of authority to MD-M's but to all external delegates. Until such time as AWM 505 Subchapter G has been published the following will be adhered to:

  1. applications for MD-M delegation of authority shall be processed in accordance with the policies contained herein. The revised (proposed) AWM 505 Subchapter G is attached as Appendix A;
     
  2. MD-M delegation will not be issued to Civil Aviation Safety Inspectors (CASIs) while employed by the Federal Government of Canada. Additionally, ex-CASIs who apply for MD-M delegation will not be given credit for imports or exports accomplished while employed by Transport Canada.

4. DOT Embossing Seals and Inspection Stamps

4.1 Embossing seals and inspection stamps are for the exclusive use of MD-Ms, and are only to be used for the issue of C of A, Special C of A - Restricted or Export Airworthiness Certificates. They are available from the Standards and Procedures Division of the Maintenance and Manufacturing Branch.

4.2 A letter shall accompany the seals and inspection stamps, to serve as an acknowledgment of receipt. This letter shall be signed and dated by the MD-M and returned to the applicable regional office. A sample letter is included as Appendix C.

4.3 Regional Managers shall ensure that the stamps are recorded against each MD-M's name, and that this record is maintained until such time as the delegation is terminated or revoked.

5. Issuance of Certificates of Airworthiness by Transport Canada

5.1 Notwithstanding the implementation of the MD-M program, Transport Canada will continue to issue Certificates of Airworthiness, Special Certificates of Airworthiness - Restricted and Export Airworthiness Certificates, as required.

6. Collection of fees

6.1 When Transport Canada issues Certificates of Airworthiness, Special Certificates of Airworthiness - Restricted or Export Airworthiness Certificates, the applicable fee as specified in CAR 104 shall be recovered. Where the document is issued by the MD-M, no fee is due to the Receiver General. The MD-M is at liberty to charge a fee for the service provided. MD-Ms should be aware that the Goods and Services Tax (GST), may be applicable.

7. Application Fees

7.1 The application fee, as listed in CAR 104, shall be paid at the time the letter of application is submitted. Application letters will not be processed without payment of the fee.

8. Effective Date

8.1 This policy comes into effect immediately.

9. Expiry

9.1 This policy expires upon incorporation of these Standards into the Airworthiness Manual, or on March 21, 2003, whichever occurs first.

10. HQ Contact

10.1  The responsible officer indicated below may be contacted for information regarding this MSI:

Simon Nadeau, AARPC
Aircraft Maintenance & Manufacturing
E-mail: mailto:nadeaus@tc.gc.ca
Phone: (613) 952-1018
Facsimile: (613) 952-3298

D.B. Sherritt
Director,
Maintenance and Manufacturing

Appendix A - Proposed AWM 505 Subchapter G

505.601 General

Pursuant to 4.3 (1) of the Aeronautics Act, the Minister may authorize persons to exercise or perform, subject to such restrictions or limitations as the Minister may specify, any of the powers, duties or functions of the Minister.

505.602 Delegated authority

Subject to the standards of this Subchapter, persons delegated as an Minister's Delegate - Maintenance (MD-M), may issue:

  1. Certificates of Airworthiness and Special Certificates of Airworthiness in the Restricted category pursuant to CAR 507.02 and 507.03, in respect of imported type certified aircraft; and
     
  2. Export Airworthiness Certificates (EAC) pursuant to CAR 509.03, in respect of used Canadian registered aircraft, other than amateur-built aircraft, owner-maintained aircraft, ultra-light aeroplanes and hang gliders.

505.603 Conditions of Delegation

MD-M delegation may be associated with an Approved Maintenance Organization or Air Operator, or issued independently, in accordance with the following:

  1. MD-M employed by an AMO or Air Operator
     
    1. Where the MD-M is employed by an approved AMO or Air Operator, the organization shall:
       
      1. include in its Maintenance Policy Manual or Maintenance Control Manual, as applicable, policies and procedures for the exercise of MD-M delegation that contain as a minimum the information detailed in Appendix B; and
         
      2. amend the manual when instructed to do so by the Minister.
         
    2. Where the MD-M is no longer employed by the organization, his delegation will be revoked.
       
  2. MD-M not employed by an AMO or Air Operator

    MD-M's who are not employed by an AMO or Air Operator, shall:
     
    1. establish, maintain and authorize the use of a Delegate's Manual that contains policies and procedures for the exercise of MD-M delegation, and as a minimum, contain the information detailed in Appendix  B;
       
    2. submit each page of the manual to the Minister for approval, either individually or in accordance with a procedure that ensures compliance with the requirements of this Subchapter; and
       
    3. amend the manual when instructed to do so by the Minister.
       
  3. The MD-M shall adhere to the approved policies and procedures described in (1) or (2) above, as appropriate.

Information Note:
It is an offence under the Aeronautics Act to knowingly make any false representation for the purpose of obtaining a Canadian Aviation Document or any privilege accorded thereby.

505.604 Limitations

  1. MD-M delegation is limited to the aircraft types or to the general classes of aircraft identified on the instrument of delegation, such as "Small aeroplanes AWM 523 (or equivalent design standards)", "Transport category aeroplanes AWM 525 (or equivalent design standards)", "Rotorcraft AWM 527 or AWM 529 (or equivalent design standards)", etc.
     
  2. The MD-M shall not issue a Certificate of Airworthiness, Special Certificate of Airworthiness - Restricted or Export Airworthiness Certificate, in respect of an aircraft for which he has also made an application for issue or has completed an attestation of condition and conformity, or make any recommendation relating to such application or attestation.

505.605 Qualifications to act as an MD-M

An applicant for delegation as an MD-M shall meet the following standards:

  1. the applicant shall be the holder of a valid Aircraft Maintenance Engineer (AME) Licence;
     
  2. the applicant shall be a Canadian Citizen;
     
  3. the personal record of the applicant in relation to aviation, shall be free of any convictions under the Aeronautics Act or the Canadian Aviation Regulations;
     
  4. the applicant shall have at least 10 years civil aviation maintenance experience directly associated with the inspection and certification of aircraft of similar construction and complexity to those for which MD-M delegation is requested;
     
  5. the applicant's experience during the two years immediately preceding application shall have included direct involvement in the application for a Certificate of Airworthiness, Special Certificate of Airworthiness - Restricted or Export Airworthiness Certificate, as applicable;
     
  6. the applicant shall demonstrate to the Minister a satisfactory working knowledge of the Canadian Aviation Regulations, Standards, Policies and Procedures and special Canadian requirements relating to, as applicable:
     
    1. the importation of aircraft and the issuance of Certificate of Airworthiness or Special Certificate of Airworthiness - Restricted; and
       
    2. the exportation of used aircraft and the issuance of Export Airworthiness Certificates.
       
  7. the applicant shall demonstrate, to the satisfaction of the Minister, that a need for delegation exists. This is accomplished by presenting to Transport Canada a minimum of three aircraft for importation or exportation. These aircraft shall be representative of the scope of delegation requested.

505.606 Application for Delegation

  1. Applications shall:
     
    1. be in the form of a letter and shall be submitted to the appropriate Transport Canada Centre. The letter shall include the name and AME Licence number of the applicant, name of the AMO or Air Operator in which the applicant is currently employed, if applicable; and
       
    2. include a résumé detailing the applicant's work experience and inspection qualifications relative to the types of aircraft for which authority to act as an MD-M is being requested.
       
  2. The applicant shall:
     
    1. complete, as applicable, the import and export portions of the self study training package in respect of Minister's Delegate - Maintenance;
       
    2. demonstrate the need for delegation in the following manner:
       
      1. import delegation: by presenting to Transport Canada a minimum of three aircraft for import,  representative of the scope of delegation requested;
         
      2. export delegation: by presenting to Transport Canada a minimum of three aircraft for export, representative of the scope of delegation requested;
         
      3. import and export delegation: by presenting to Transport Canada a minimum of three aircraft for import and export, representative of the scope of delegation requested. This can be achieved through a combination of (2 imports + 1 export) or (1 import + 2 exports);
         
    3. accomplish all work necessary to import or export a minimum of three aircraft up to the point of, but not including, signing the C of A, Special C of A - Restricted or EAC. A Transport Canada Inspector will evaluate the applicant against standard import or export procedures;
       
    4. undergo an interview to demonstrate acceptable knowledge and competence. The applicant will be informed of any mistakes, and the correct answers will be discussed. Questions and responses will be recorded. Should the interview be unsuccessful, the applicant will be informed immediately. The decision will be confirmed by a written notification to the applicant and the AMO or Air Operator, as applicable, within 10 working days; and
       
    5. complete the above within a 2 year period from the date of application.
       
  3. Existing MD-M wishing to extend their current delegation to include import or export privileges may do so by completing one (1) additional importation or exportation, representative of the delegation extension. For example, a MD-M currently authorized to import Transport Category Aeroplanes (AWM 525) wishing to extend his delegation to include export privileges for Transport Category Aeroplanes (AWM 525) must successfully complete a sample export of a Transport Category Aeroplane (AWM 525) before being granted the extension.
     
  4. Failure to successfully complete three out of a maximum of four aircraft imports or exports during the practical examination phase, or failure to address safety related issues, will be grounds for disqualification from the process. Where the applicant fails to address administrative related issues in an acceptable manner, he shall be subject to additional training in those areas.
     
  5. The Minister will issue to the successful applicant an MD-M credential card specifying the scope of delegation, a controlled inspection stamp and a Department of Transport seal. These items remain the property of the Minister and shall be kept in a secure location. The inspection stamps are for the exclusive use of MD-Ms, and are only to be used for the issue of Certificates of Airworthiness, Special Certificates of Airworthiness - Restricted or Export Airworthiness Certificates. Stamps, seals and credential cards are available from the Standards and Procedures Division of the Maintenance and Manufacturing Branch.

505.607 Training

Upon request or upon application, applicants are to be provided with the self study training package. The applicant must be well-versed on the information and documents referenced therein, such as regulations, standards, procedures etc. Transport Canada's interview of the applicant will be based upon both the self study training package material and documents referenced therein and on knowledge gained during the import or export of the required three aircraft.

505.608 Access to Transport Canada Documentation

Excluding access to proprietary documentation, government files, and to the extent possible, at no cost to Transport Canada, both the MD-M applicant and the MD-M shall be afforded access to Transport Canada regulatory and technical documentation. All material shall remain on Transport Canada premises.

505.609 Liaison

Delegates shall report to an assigned (or parent) region during the period his delegation is valid. Where the MD-M is temporarily working in another region, he shall report to the local TCC. In this case and where certificates are issued outside the parent region, the MD-M will notify the region where the aircraft will be located.

505.610 Import and Export Packages

Delegates shall forward completed work packages to their parent region within 48 hours after issue of the certificate. Work packages shall include as a minimum, but not be limited to, the following items:

  1. imports
     
    1. copy of the approved checklist used;
    2. copy of the Application form 24-0043;
    3. copy of the signed Certificate of Airworthiness form 24-0073 or Special Certificate of Airworthiness - Restricted form 24-0074 as applicable;
    4. Certificate of Airworthiness for Export;
    5. copy of data plates;
    6. current aircraft time and cycles;
    7. engine, propeller and APU data, respecting last inspection, overhaul, hot section inspection, etc.;
    8. copies of the appropriate portions of the maintenance records;
    9. identification of the Type Certificate and revision status, Supplemental Type Certificates, etc.;
    10. details of deficiencies noted during the inspection;
    11. copy of the work report required to bring the aircraft into compliance;
    12. details of the aging aircraft / Supplemental Structural Inspection programs, etc.;
    13. current weight and balance report and equipment list;
    14. list of repairs or modifications, including 24-0045 forms, FAA 337 forms, validations of field approvals etc.;
    15. list of applicable and accomplished Airworthiness Directives;
    16. list of Service Bulletins incorporated; and
    17. verification of all life limited and TBO parts and components.
       
  2. exports
     
    1. copy of the approved checklist used;
    2. identification of the foreign airworthiness standard and any special requirements contained in that foreign standard;
    3. when a product does not meet the special requirements of the civil aviation authority of the importing state, a written statement obtained from the civil aviation authority of the importing state indicating acceptance of the deviation;
    4. copy of the Application for Export Certificate of Airworthiness form 24-0050;
    5. copy of the signed Export Certificate of Airworthiness form 24-0049;
    6. a weight and balance report, together with an equipment list which part of the type design;
    7. current details of any temporary installations incorporated in the aircraft for delivery purposes;
    8. a list of any Canadian Airworthiness Directives which have been complied with, and a list of all major modifications and major repairs which have been incorporated;
    9. in the case of an aircraft being exported to a state with whom Canada has entered into an agreement that provide for export certification, a certified document showing the status of the aircraft in respect of any special requirements as listed in STD 509.03(3)
    10. a list of flight manuals, maintenance manuals, service bulletins and assembly instructions required by the type certificate and any material stipulated by the civil aviation authority of the importing state.
    11. original Certificate of Airworthiness;
    12. copy of data plates;
    13. current aircraft time and cycles;
    14. engine, propeller and APU data, respecting last inspection, overhaul, hot section inspection, etc.;
    15. copies of the appropriate portions of the maintenance records;
    16. details of deficiencies noted during the inspection;
    17. copy of the work report required to bring the aircraft into compliance; and
    18. verification of all life limited and TBO parts and components.

505.611 Period of Validity

  1. MD-M delegation of authority, shall remain in effect for a period of two years from the date on the instrument of delegation, or terminated by the Minister, whichever occurs first. If the MD-M leaves the employ of an AMO or Air Operator, his delegation is automatically terminated.
     
  2. The Minister may terminate an MD-M delegation:
     
    1. where the Minister determines that the activity for which the delegation of authority is granted ceases to warrant the services of an MD-M;
      where the MD-M is no longer employed by an AMO or Air Operator;
    2. where the MD-M is not carrying out the delegated responsibil­ities in a manner acceptable to the Minister;
    3. at the request of the MD-M; or
    4. for any other reason considered appropriate by the Minister.
       
      Information Note:      Individuals who lose their MD-M delegation, through loss of employment in an AMO or Air Operator must re-apply for MD-M delegation.
       
  3. Should delegation of authority be terminated, for whatever cause, the MD-M shall return his credentials card, the DOT inspection stamp and seal to the Regional Manager, in the region which the delegation was initially issued, within 5 working days following receipt of the notice of suspension or termination.

505.612 Oversight Activities

The frequency of MD-M oversight activities will be established by the Director, Maintenance and Manufacturing.

Appendix B - Manuals

The Delegate's Manual, Maintenance Policy Manual of the AMO or Maintenance Control Manual of the Air Operator (where requirements are in-addition to those of the standards contained in Chapter 573 / 726), shall contain as a minimum the following:

  1. a table of contents;
     
  2. the identity of the MD-M, including the following information:
     
    1. the legal name the MD-M or the organization and, where that name is not the name under which the organization does business, its trade name;
    2. the address for MD-M, AM0 or Air Operator, as applicable; and
    3. a description of MD-M activities and responsibilities.
       
  3. provisions for issuing and controlling amendments, including a description of the amendment procedure;
     
  4. a means of identifying each page of the manual that has been submitted for approval. This shall be in the form of a List of Effective Pages, with each page numbered and either dated or marked with a revision number.
     
  5. a description of technical, regulatory, policy documentation, held, including Maintenance Policy Letters, Maintenance Staff Instructions, Aircraft Certification Policy Letters and Aircraft Certification Staff Instructions, and/or arrangements that provide access to such documentation;
     
  6. details of the procedures used to ensure that technical and regulatory documentation, and technical data appropriate to the work performed, are current (uptodate);
     
  7. procedures for the control of records and supporting documentation pertaining to the issuance of Certificates of Airworthiness, Special Certificates of Airworthiness - Restricted or Export Airworthiness Certificates, including detailed records of all inspections carried out and certificates issued;
     
  8. a description of the work package to be forwarded to Transport Canada, as required by Section 505.610 of this document.

Appendix C - Acknowledgment of Receipt

City, Province
Postal Code

Date

Name/Address
City, Province
Postal Code

Dear Sir/Madam,

Please find enclosed a Department of Transport Inspection Stamp, Number [Enter Stamp Number ] , and embossing seal issued for your exclusive use when issuing Certificates of Airworthiness, Special Certificates of Airworthiness - Restricted or Export Airworthiness Certificates.

These items are the property of the Minister of Transport and are to be returned immediately upon request by the Minister, or upon your ceasing to exercise your delegation of authority. You are responsible for keeping these items in a secure place. Please sign in the appropriate space below to acknowledge receipt and return a signed copy of this form to the Department of Transport at the above address.

Yours truly,

[ Enter Name ]
Regional Manager,
Aircraft Maintenance & Manufacturing

This is to acknowledge receipt of Department of Transport Inspection Stamp [ Enter Stamp Number ] , and Embossing Seal.

MD-M Signature: _____________ Date: _______________

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