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 VIH Helicopters Ltd., 1962 Canso Road, North Saanich, British Columbia, V8L 5V5 from the requirements set out in Sections 571.04 and 571.08, Subsection 571.10(1) and paragraph 573.11(1)(c) of the Canadian Aviation Regulations, (CARs), subject to conditions in Appendix B.
The pertinent provisions referred to above are detailed in Appendix A to this exemption.
Purpose:
The purpose of this exemption is to permit VIH Helicopters Ltd., which is both an air operator and an approved maintenance organization, to install overhauled components supplied by foreign maintenance organizations that do not hold a Foreign Aircraft Maintenance Organization (FAMO) certification, on helicopters operated by VIH Helicopters Ltd.
Application:
This exemption applies to both entities of VIH Helicopters Ltd., (AMO # 2-61) when installing overhauled components into the Canadian registered Kamov Ka32A-11BC helicopters and (AOC# 5260-1267) when operating these helicopters.
Conditions:
Nothing in this exemption relieves VIH Helicopters Ltd. from complying with the provisions of a Canadian aviation document issued to VIH Helicopters Ltd., pursuant to the Aeronautics Act.
This exemption is subject to the conditions set out in Appendix B.
Validity:
This exemption remains in effect until the earliest of the following:
- August 31st, 2012; 23:59 EDT
- the date on which any condition set out in Appendix B 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 is likely to affect aviation safety.
Dated at Ottawa, Ontario, Canada, this_____21st ____day of______March_______ 2011, on behalf of the Minister of Transport.
[original signed by]
Martin J. Eley
Director General
Civil Aviation
Transport Canada
APPENDIX A
Pertinent Provisions
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
- 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
- a foreign document equivalent to an MPM, established by a maintenance organization approved under the laws of the state that is party to an agreement with Canada, and the agreement provides for recognition of the work to be performed.
Installation of Used Parts
571.08 (1) No person shall install a used part on an aeronautical product, other than aircraft that are operated under a special certificate of airworthiness in the owner- maintenance or amateur-built classification, unless the part meets the standards of airworthiness that are applicable to the installation of used parts and are set out in Chapter 571 of the Airworthiness Manual and
- is an airworthy part that has been removed from an aircraft for immediate installation on another aircraft;
- is an airworthy part that has undergone maintenance for which a maintenance release has been signed, pursuant to paragraph 571.11(2)(c); or
- has been inspected and tested to ensure that the part conforms to its type design and is in a safe condition, and a maintenance release has been signed to that effect.
(2) If, under the terms of a loan agreement or an operator parts pooling agreement, a used part has been obtained from a source not subject to these Regulations, no person shall permit the part to remain in service for longer than 90 days, unless specifically authorized by the Minister on receipt of documentation demonstrating that the part conforms to the applicable type design.
Maintenance Release
571.10 (1) No person shall sign a maintenance release required pursuant to Section 605.85 or permit anyone, whom the person supervises, to sign a maintenance release, unless the standards of airworthiness applicable to the maintenance performed and stated in Chapter 571 of the Airworthiness Manual have been complied with and the maintenance release meets the applicable requirements specified in Section 571.10 of the Airworthiness Manual.
Maintenance Arrangements
573.11(1) Except as provided in Subsection (2), no approved maintenance organization (AMO) certificate holder shall permit an external agent to perform maintenance on its behalf unless
- ……
- ……
- in all other cases, the performance of the maintenance by the person or organization has been approved by the Minister, as being in conformity with these Regulations.
APPENDIX B
SCHEDULE OF CONDITIONS
Operating conditions applicable to VIH Helicopters Ltd (AOC FILE 5260-1267)
- VIH Helicopters Ltd. shall not make any change in the operation or type of aircraft during the validity of this exemption.
- VIH Helicopters Ltd. shall operate the Kamov Ka32A-11BC in accordance with the performance limitations contained in the approved aircraft flight manual (AFM), associated with the aircraft type certificate and its certificate of airworthiness.
- VIH Helicopters Ltd. shall be responsible for complying with the Transportation of Dangerous Goods Act, 1992 and its associated Regulations, and for obtaining any necessary permits while carrying dangerous goods in the Kamov Ka32A-11BC.
- When directed by Transport Canada, VIH Helicopters Ltd. shall make the aircraft available for inspection, both on the ground and in flight, by Airworthiness, Dangerous Goods and Flight Operations Inspectors, in accordance with the Aeronautics Act.
- VIH Helicopters Ltd. shall ensure that the overhauled parts be subject to scheduled maintenance and operating limitations as set forth in the Kamov Ka32A-11BC Type Certificate Data Sheet, Maintenance Manual and Flight Manual.
Maintenance conditions applicable to VIH Helicopters Ltd (AMO No. 2-61) - VIH Helicopters Ltd. shall possess a valid AMO certificate authorizing the installation of parts pursuant to this exemption.
- VIH Helicopters Ltd. shall ensure that the overhauled parts have been overhauled by:
- the Interstate Aviation Committee Aviation Registry (IAC AR)-approved manufacturer of the part; and
- the IAC AR-approved overhaul organization, in accordance with IAC AR- approved overhaul instructions and procedures.
- VIH Helicopters Ltd. shall ensure that the overhauled parts have complete maintenance records showing service history.
- VIH Helicopters Ltd. shall ensure that the overhauled parts have the applicable foreign equivalent of a Quality Certificate signed by the authorized approved overhaul organization personnel, certifying that the part is serviceable and may be exported for installation on the Kamov Ka32A-11BC helicopter.
- VIH Helicopters Ltd. shall ensure that the overhauled parts have the applicable foreign equivalent of a Canadian Aviation Regulation 571.10maintenance release, signed by the authorized IAC AR-approved overhaul organization personnel.
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