EXEMPTION FROM SECTION 571.04 OF THE CANADIAN AVIATION REGULATIONS

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 holders of AMO certificates who perform welding as part of the maintenance carried out within the scope of their existing aircraft, engine, propeller, structures or component ratings, that are not holders of a welding AMO certificate issued pursuant to the requirements of paragraph 573.02 of the Canadian Aviation Regulations (CARs), from section 571.04 of the Canadian Aviation Regulations, subject to the following conditions.

The requirements of CAR 571.04, CAR 573.02 and Standard 573.02(1)(h) are detailed in Appendix A to this exemption.

Purpose

The purpose of this exemption is to allow holders of AMO certificates to carry out the certification of maintenance that includes welding, without having to be holders of an AMO certificate in the welding category issued pursuant to CAR 573.02.

Application

This exemption applies to holders of AMO certificates issued pursuant to CAR 573.02 and not holding a specific welding AMO certificate. The exemption applies to the activity of welding while carrying out maintenance within the applicable scope of the ratings held by the AMO certificate holder.

This exemption shall apply notwithstanding the blanket exclusion of welding operations that currently appears in the standard text of the limitations document for the above-mentioned ratings.

Conditions

This exemption is subject to the following conditions:

  1. The person must be the holder of an AMO certificate, issued pursuant to CAR 573 with ratings in the aircraft, engine, propeller, structures or component category and, with the exception of the welding operations, the maintenance performed must be within the applicable scope of those ratings.
  2. The welding shall be performed on:
    1. any part of the airframe;
    2. an aircraft system; or
    3. any structural or dynamic engine part.
  3. Except where the welding is accomplished by an automatic welding equipment designed for specific repairs, the person carrying out the welding shall satisfy the personnel certification requirements depicted in:
    1. SAE Standard AMS-STD-1595;
    2. AWS Standard D17; or
    3. CAMC Standard ISBN 1-896602-04-5.

Validity

This exemption will be in effect from February 1, 2009 at 00:01 EST until the earliest of the following:

  1. July 31st, 2010 at 23:59 EDT;
  2. the date on which an amendment to the Canadian Aviation Regulations or related standards, modifying the subject-matter specifically addressed in this exemption, comes into affect;
  3. the date on which any of the conditions set out in this exemption is breached; or
  4. the date on which this exemption is cancelled in writing by the Minister where he is of the opinion it is no longer in the public interest, or is likely to affect aviation safety.

Dated at Ottawa, Ontario, Canada this 26th day of January, 2009 on behalf of the Minister of Transport, Infrastructure and Communities.

Original signed by Martin Eley for

Merlin Preuss
Director General
Civil Aviation

Appendix A

(CAR) Specialized Maintenance

571.04 No person shall perform the specialized maintenance set out in Schedule II to this Subpart on an aeronautical product other than an aircraft operated under a special certificate of airworthiness in the owner-maintenance or amateur-built classification, except in accordance with:

  1. a maintenance policy manual (MPM) established by the holder of an approved maintenance organization (AMO) certificate issued pursuant to Section 573.02 with a rating of a category appropriate to the work to be performed; or
  2. a foreign document equivalent to an MPM established by a maintenance organization approved under the laws of a state that is party to an agreement with Canada, and the agreement provides for recognition of the work to be performed.

(CAR) Entitlement to and Scope of Certificate

573.02 (1) The Minister shall issue to a maintenance organization that demonstrates that it meets the requirements of this Subpart an approved maintenance organization (AMO) certificate authorizing the maintenance of specified aeronautical products or the provision of specified maintenance services.

(2) The AMO certificate shall specify, in accordance with the criteria specified in section 573.02 of Standard 573 - Approved Maintenance Organizations, any category in which ratings have been issued and shall list the aeronautical products that the AMO is authorized to maintain or the maintenance services that the AMO is authorized to perform.

(3) The scope of the work that may be performed under each rating specified on the AMO certificate is determined by limitations that are set out in the certificate.

(4) Unless an expiry date is specified in an AMO certificate issued pursuant to subsection (1), the certificate remains in effect until it is surrendered, suspended or cancelled.

(Standard) 573.02 AMO Certificates

(1) An AMO Certificate is issued with ratings in one or more of the following categories:

  1. Aircraft;
  2. Avionics;
  3. Instrument;
  4. Engine;
  5. Propeller;
  6. Structure;
  7. Component;
  8. Welding; and
  9. NDT.
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