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 Flair Airlines Ltd., 4550 Lancaster Court, Kelowna, province of British Columbia, V1W 4C2 and their Accountable Executive appointed under Paragraph 106.02(1)(a) of the Canadian Aviation Regulations (CARs) 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.
Paragraph 106.02(1)(c) of the CARs 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.
Section 107.02 of the CARs requires the Air Operator to establish, maintain and adhere to a safety management system (SMS).
Paragraph 700.09(1)(i) of the CARs requires the Air Operator to conduct reviews of the SMS to determine its effectiveness.
Section 706.15 of the CARs 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 Flair Airlines 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 Flair Airlines Ltd., 4550 Lancaster Court, Kelowna, province of British Columbia, V1W 4C2 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:
- Flair Airlines Ltd. shall establish an evaluation program that meets the requirements outlined in Appendix 1 to this exemption.
- 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
- Flair Airlines Ltd. shall complete the following actions
within the time periods indicated below:
- Before October 31, 2005:
- Ensure that the Accountable Executive submits the signed statement required by CAR 106.02(1)(c) to Transport Canada Civil Aviation; and
- Complete Phase One of the SMS implementation program outlined in the Implementation Procedures Guide for Air Operators and Approved Maintenance Organizations (TP 14343);
- 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.
- Before October 31, 2005:
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 24th day of August 2005, on
behalf of the Minister of Transport,
Original signed for Merlin on August 24th, 2005
Merlin Preuss
Director General
Civil Aviation
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) Flair Airlines 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 Flair
Airlines 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 Flair Airlines 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.
- Date de modification :