EXEMPTION FROM CERTAIN CANADIAN AVIATION REGULATIONS TO FACILITATE THE IMPLEMENTATION OF SAFETY MANAGEMENT SYSTEMS BY AIR OPERATORS

From: Transport Canada

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 Triumph Air Ltd, 1190 Keith Ross Court, Oshawa, province of Ontario, L1H 7K4 and their Accountable Executive appointed under CAR 106.02(1)(a) from the requirements set out in paragraph 106.02(1)(c), section 107.02, paragraph 700.09(1)(i) and section 706.15 of the CARs, subject to the conditions stated herein.

CAR 106.02(1)(c) requires the Air Operator to ensure that the accountable executive submits to the Minister a signed statement that they accept the responsibilities of their position within 30 days after their appointment.

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 706.15 requires the Air Operator to adhere to the requirements set out in section 705.151 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 Triumph Air Ltd 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 Triumph Air Ltd, 1190 Keith Ross Court, Oshawa, Ontario, L1H 7K4 and their Accountable Executive appointed under CAR 106.02(1)(a) in respect of those certificates.

CONDITIONS

This exemption is subject to the following conditions:

  1. Triumph Air Ltd shall establish an evaluation program that meets the requirements outlined in Appendix 1 to this exemption.
  2. The person who is assigned responsibility for the air operator’s maintenance control system shall ensure that the records relating to the findings resulting from an evaluation program are efficiently distributed and controlled in accordance with the requirements outlined in Appendix 1 to this exemption;and
  3. Triumph Air Ltd shall complete the following actions within the time periods indicated below:
    1. Before September 30, 2005:
      1. Ensure that the Accountable Executive submits the signed statement required by CAR 106.02(1)(c) to Transport Canada Civil Aviation; and
      2. Complete Phase One of the SMS implementation program outlined in the Implementation Procedures Guide for Air Operators and Approved Maintenance Organizations (TP 14343);
    2. 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;
    3. Before September 30, 2007, complete Phase Three of the SMS implementation program in accordance with the project plan; and
    4. 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:

  1. 23:59 EDT on September 30, 2008;
  2. The date on which any of the conditions set out in this exemption is breached; or
  3. 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 22nd  day of  July  2005, on behalf of the Minister of Transport,

Merlin Preuss
Director General
Civil Aviation

EXEMPTION FROM CERTAIN CANADIAN AVIATION REGULATIONS TO FACILITATE THE IMPLEMENTATION OF SAFETY MANAGEMENT SYSTEMS BY AIR OPERATORS

APPENDIX 1
Air Operator Maintenance - Evaluation Program Requirements

The Evaluation program referred to in conditions 1 and 2 of this exemption shall meet the following requirements:

(1) Triumph Air Ltd shall establish and maintain a program to ensure that the maintenance control system, including maintenance schedules, continue to be effective and comply with the Civil Aviation Regulations. The program shall provide an unbiased picture of the Air Operator's performance, to verify that activities comply with the MCM and confirm that the systems and procedures described in the Maintenance Control Manual (MCM) remain effective and are achieving the Air Operator's requirements;
 
(2) The program shall be under the sole control of the person responsible for the maintenance control system. It shall, as a minimum, cover all functions defined within the MCM and include all elements necessary to confirm that Triumph Air Ltd is in compliance with the applicable regulations and with the MCM. It shall ensure that all referenced procedures remain applicable and effective;
 
(3) The program shall address Triumph Air Ltd requirements, the operational and environmental conditions, organizational structure, maintenance schedules and record keeping system;
 
(4) The program shall be responsive to any changes and shall address the need for amendments to the MCM or Maintenance Schedules. The MCM and Maintenance Schedules shall be reviewed periodically to ensure compliance with current requirements. The program shall include the use of checklists that are sufficiently detailed to ensure that all maintenance functions are evaluated. Specifically, the program shall include the following elements:
 
(a) An initial evaluation, using the checklists, that covers all aspects of the Air Operator's technical activities, conducted within 12 months following the date on which the Air Operating certificate is issued;
 
(b) Recurring evaluations, conducted at intervals established in the approved MCM;
 
(c) Records of findings of compliance and non compliance resulting from the evaluations required by (a) and (b);
 
(d) Procedures to ensure that the findings of the evaluations are communicated to the person responsible for the maintenance control system and made available to the Accountable Executive.
 
(e) Where appropriate, immediate and long-term actions to correct the root cause of each non-compliance noted;
 
(f) Follow up procedures, to ensure that necessary corrective actions (both immediate and long term) instituted by the Air Operator are effective; and
 
(g) A record keeping system to ensure that details of evaluation findings, corrective actions, and follow-up are recorded, and that the records are retained for two complete evaluation cycles; and
 
(5) Functions related to the evaluation program may be performed by persons within the Air Operator or by external agents.

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