Whereas the applicant for this exemption has completed Phase One of the 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 HMY Airways Inc., 250 – 3600 Lysander Lane, Richmond, province of British Columbia, V7B 1C3, holder of Approved Maintenance Organization (AMO) Certificate Number #88-05, from the requirements set out in Section 107.02 and paragraph 573.03(1)(h) of the CARs, subject to the conditions stated herein.
Section 107.02 requires the holder of the AMO certificate to establish, maintain and adhere to a safety management system (SMS).
Paragraph 573.03(1)(h) requires the holder of the AMO certificate to conduct reviews of the SMS to determine its effectiveness.
PURPOSE
The purpose of this exemption is to permit HMY Airways Inc., the holder of AMO Certificate Number #88-05, 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).
APPLICATION
This exemption applies to HMY Airways Inc, holder of AMO Certificate Number #88-05, issued under section 573.02 of the Canadian Aviation Regulations (CARs), 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 on Airline Operations.
CONDITIONS
This exemption is subject to the following conditions:
- Where the AMO certificate holder is also the holder of an Air Operator Certificate (AOC) and the AMO performs maintenance on any 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.
- The AMO certificate holder shall continue to comply with all procedures documented in the maintenance policy manual as applicable, until such time the manual is amended in accordance with the respective phases of the SMS implementation program.
- The AMO certificate holder 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 EDT 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 canceled 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 Ottawa, Ontario, Canada this 9th day of November 2005, on behalf of the Minister of Transport.
Original signed by Merlin Preuss
Director General
Civil Aviation
- Date de modification :