Maintenance and Manufacturing Policy Letters (MPL)

1. Purpose

1.1 The purpose of this letter is to reaffirm the principles governing the conduct of Minister's Delegate - Maintenance and Manufacturing during the course of their activities carried out on behalf of the Minister of Transport.

2.  Background

2.1 It is government policy to enhance public confidence in the integrity of Transport Canada external delegates, by establishing clear rules of conduct respecting conflict of interest, by minimizing the possibilities of conflicts between the private interests and the public service duties of delegates, and by providing for the resolution of such conflicts in the public interest, should they arise.

3. Rules of Conduct

3.1  Delegates affected by this MSI are in the following categories: Minister's Delegate - Recreational Aircraft [Delegation of Authority Document No. 146179]; Minister's Delegate - Maintenance [MPL 15]; Minister's Delegate - Production [Delegation of Authority Document No. 128390] and Minister's Delegate - Flight Permit.

3.2 Minister's Delegates (MDs) shall be responsible for taking measures to prevent real, potential or apparent conflicts in the accordance with the principles described below; MDs are further required to observe the relevant provisions of legislation of more general application such as the Criminal Code, the Canadian Human Rights Act and the Privacy Act.

3.3   MDs shall conform to the following principles:

1. they shall perform their official duties and arrange their private affairs in such a manner that public confidence and trust in the integrity, objectivity and impartiality of government are conserved and enhanced;
2. they have an obligation to act in a manner that will bear the closest public scrutiny, an obligation that is not fully discharged by simply acting within the law;
3. they shall maintain a clear separation between their private business interests and their delegation activities;
   
   Information Note:
   The MD-M shall not issue a Certificate of Airworthiness or Special Certificate of Airworthiness- Restricted, 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.
    
4. they shall arrange their private affairs in a manner that will prevent real, potential or apparent conflicts of interest from arising, but if such a conflict does arise between the private interests of a Transport Canada delegate and the official duties and responsibilities of that Transport Canada delegate, the conflict shall be resolved in favour of the public interest;
5. they shall not knowingly take advantage of, or benefit from, information that is obtained in the course of their official duties and responsibilities and that is not generally available to the public;
6. they shall not directly or indirectly use, or allow the use of, government property of any kind, including property leased to the government, for anything other than officially approved activities; and
7. they shall not act, after they cease to be a delegate, in such a manner as to take improper advantage of their previous delegated authority.

3.4  MDs shall comply with the above-stated principles, by avoiding or withdrawing from activities or situations that would place the delegate in a real, potential or apparent conflict of interest relative to his or her official duties and responsibilities.

3.5 A delegate who does not comply with the above-stated principles is subject to appropriate disciplinary action up to and including termination of the delegation of authority.

4. Effective Date

4.1  This policy comes into effect August 15, 1999.

5.  Expiry

5.1 No expiration date is applicable to this MPL.

6.  HQ Contact

6.1 The responsible officer indicated below may be contacted for information regarding this MPL:

Roger Ménard, AARPE
Aircraft Maintenance & Manufacturing Branch
E-mail: menardr@tc.gc.ca
Phone: (613) 952-4377
Facsimile: (613) 952-3298

D.B. Sherritt
Director,
Maintenance and Manufacturing