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 Air Operator Certificate (AOC) No. 6434, from the requirements set out in section 107.02, paragraph 700.09(1)(i) and sections 705.154 and 706.15 of the Canadian Aviation Regulations (CARs), subject to the conditions stated herein.
CAR 107.02 requires the Air Operator to establish, maintain and adhere to a safety management system (SMS).\
CAR 700.09(1)(i) requires the Air Operator to conduct reviews of the SMS to determine its effectiveness.
CAR 705.154 requires the Air Operator who also holds an AMO certificate to adhere to the requirements referred to in section 573.30 with respect to a safety management system when undertaking maintenance control activities under Subpart 706.
CAR 706.15 requires the Air Operator to adhere to the requirements set out in section 705.151 or section 705.154 with respect to a safety management system for all maintenance control activities performed under Subpart 706.
PURPOSE
The purpose of this exemption is to enable Jazz Air LP, holder of Air Operator certificate number 6434 approved February 2, 2006, under section 705.07 of the CARs, as represented by its general Partner Jazz Air Holding GP Inc. doing business as Air Canada Jazz, 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). This exemption has been issued specifically to 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 approval of Air Operator Certificate No. 6434 due to a change of the legal entity.
APPLICATION
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 Air Operator Certificate No. 6434 approved February 2, 2006, under section 705.07 of the CARs.
CONDITIONS
This exemption is subject to the following conditions:
- As Jazz Air LP is also the holder of AMO certificate No. 21-92 for an organization that maintains its aircraft operated under CAR 705, the authority and responsibilities of the AOC’s Maintenance Manager shall be transferred to the person responsible for maintenance (PRM) of the AMO;
- Jazz Air LP shall continue to comply with all procedures documented in the company operations manual and maintenance control manual as they stood on the date preceding the coming-into-force date of the SMS regulations, until such time these manuals are amended in accordance with the respective phases of the SMS implementation program;and
- 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.
VALIDITY
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
Wayne Pert
Acting Regional Director
Civil Aviation
Atlantic Region
- Date de modification :