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Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2022-11-16 and last amended on 2022-03-06. Previous Versions

Part VII — Commercial Air Services (continued)

Subpart 5 — Airline Operations (continued)

Division XII — Flight Attendants and Emergency Evacuation (continued)

Emergency Duties
  •  (1) An air operator shall, for each model of aeroplane in its fleet that is operated to carry passengers, set out, in its flight attendant manual, the duties to be performed by the flight attendants in an emergency.

  • (2) The air operator shall not operate an aeroplane to carry passengers unless those duties are assigned to flight attendants on board the aeroplane.

  • SOR/2015-127, s. 20
Emergency Evacuation — Before and During Surface Movements

 An air operator shall, for each aeroplane in its fleet that is operated to carry passengers, have procedures to ensure that

  • (a) at least one floor-level exit provides for passenger egress before the movement of the aeroplane on the surface; and

  • (b) every automatically deployable means of emergency passenger evacuation is ready for immediate use during the movement of the aeroplane on the surface.

  • SOR/2015-127, s. 20
Single-aisle Aeroplane

 Despite section 605.09, no person shall conduct a take-off in a single-aisle aeroplane that is carrying passengers unless all emergency exits and escape slides are operative.

  • SOR/2015-127, s. 20
Standardization

 No air operator shall operate an aeroplane to carry passengers unless the emergency equipment, the stowage locations for emergency equipment and the emergency procedures are standardized for all aeroplanes in the air operator’s fleet that are operated under this Subpart to carry passengers.

  • SOR/2015-127, s. 22

Subpart 6 — Aircraft Maintenance Requirements for Air Operators

Application

 This Subpart applies to every person who operates an aircraft in a commercial air service under this Part.

Maintenance Control System

 No person shall operate an aircraft unless the aircraft is maintained in accordance with a maintenance control system that

  • (a) meets the requirements of this Subpart; and

  • (b) is described in the air operator’s maintenance control manual (MCM) required by section 706.08.

Duties of Certificate Holder

  •  (1) The holder of an air operator certificate shall

    • (a) appoint a person responsible for the maintenance control system;

    • (b) subject to subsection (4), ensure that the person responsible for the maintenance control system has achieved a grade of 70% or more in an open-book examination that demonstrates knowledge of the provisions of the Canadian Aviation Regulations;

    • (c) ensure that the person responsible for the maintenance control system demonstrates to the Minister knowledge of the topics set out in subsection 726.03(1) of Standard 726 — Air Operator Maintenance of the Commercial Air Service Standards within 30 days after their appointment;

    • (d) ensure that the person responsible for the maintenance control system performs the duties referred to in subsections 706.07(2) and (3);

    • (e) provide the person responsible for the maintenance control system with the financial and human resources necessary to ensure that the holder of the air operator certificate meets the requirements of these Regulations;

    • (f) authorize the person responsible for the maintenance control system to remove aircraft from operation if the removal is justified because of non-compliance with the requirements of these Regulations or because of a risk to aviation safety or the safety of the public; and

    • (g) ensure that corrective actions are taken in respect of any findings resulting from a quality assurance program established under section 706.07.

  • (2) The Minister shall conduct an interview with the person appointed under paragraph (1)(a) to assess their knowledge of the topics referred to in paragraph (1)(c).

  • (3) The Minister shall notify the person appointed under paragraph (1)(a) of the results of the assessment and identify any deficiencies in their knowledge of the topics within ten days after the interview.

  • (4) The knowledge requirement set out in paragraph (1)(b) does not apply in respect of

    • (a) a person responsible for the maintenance control system who held that position on January 1, 1997; or

    • (b) the holder of an aircraft maintenance engineer (AME) licence.

  • (5) The holder of an air operator certificate shall ensure that no person is appointed to be responsible for the maintenance control system or remains responsible for the system if, at the time of their appointment or during their tenure, they have a record of conviction for

    • (a) an offence under section 7.3 of the Act; or

    • (b) two or more offences under any of sections 605.84 to 605.86 not arising from a single occurrence.

  • (6) The person responsible for maintenance control system of the holder of an air operator certificate may assign the management functions for specific maintenance control activities, to another person if the assignment and its scope are described in the maintenance control manual (MCM) of the air operator.

  • (7) If the holder of an air operator certificate is also the holder of an approved maintenance organization (AMO) certificate issued under section 573.02, the person appointed under paragraph (1)(a) shall be the person responsible for maintenance of the AMO appointed under paragraph 573.03(1)(a).

  • SOR/2005-173, s. 25

Maintenance Personnel and Facilities

 An air operator shall provide the person who is responsible for its maintenance control system with the staff, facilities, technical and regulatory data, supplies and spare parts referred to in the Commercial Air Service Standards that are necessary to ensure compliance with this Subpart.

Defect Recording, Rectification and Control Procedures

[
  • SOR/2020-151, s. 22
]

 An air operator shall include in its maintenance control system the procedures referred to in the Commercial Air Service Standards for

  • (a) recording aircraft defects;

  • (b) ensuring that defects are rectified in accordance with the requirements of these Regulations;

  • (c) detecting defects that recur and identifying those defects as recurring defects; and

  • (d) subject to sections 605.09 and 605.10, scheduling the rectification of defects whose repair has been deferred.

Technical Dispatch Procedures

  •  (1) An air operator shall include in its maintenance control system technical dispatch procedures to ensure that aircraft are not operated unless they are

    • (a) airworthy;

    • (b) appropriately equipped, configured and maintained for their intended use; and

    • (c) maintained in accordance with the air operator’s maintenance control manual (MCM).

  • (2) Where an additional flight authority has been issued in respect of an aircraft pursuant to section 507.08, the technical dispatch procedures required by this section shall include procedures to control the use of that additional flight authority.

  • (3) Where an air operator has a fleet empty weight and balance control program approved in accordance with the Commercial Air Service Standards, the technical dispatch procedures required by this section shall include specific procedures that

    • (a) ensure the quality of the program by meeting the applicable requirements of the Commercial Air Service Standards; and

    • (b) ensure that accurate empty weight and balance data for each aircraft to which the program applies is provided to the flight crew of the aircraft, or is input into the program, prior to each flight.

Quality Assurance Program

  •  (1) An air operator shall, in order to ensure that its maintenance control system and all of the included maintenance schedules continue to be effective and to comply with these Regulations, establish and maintain a quality assurance program that

    • (a) is under the sole control of the person responsible for the maintenance control system appointed under paragraph 706.03(1)(a); and

    • (b) meets the requirements of section 726.07 of Standard 726 — Air Operator Maintenance of the Commercial Air Service Standards.

  • (2) The person responsible for the maintenance control system shall distribute the records relating to the findings resulting from the quality assurance program to the appropriate manager for corrective action and follow-up in accordance with the policies and procedures specified in the maintenance control manual (MCM).

  • (3) The person responsible for the maintenance control system shall establish an audit system in respect of the quality assurance program that consists of the following:

    • (a) an initial audit within 12 months after the date on which the air operator certificate is issued;

    • (b) subsequent audits conducted at intervals set out in the MCM;

    • (c) a record of each occurrence of compliance or non-compliance with the MCM found during an audit referred to in paragraph (a) or (b);

    • (d) checklists of all activities controlled by the MCM and the maintenance schedules;

    • (e) procedures for ensuring that each finding of an audit is communicated to them and, if management functions have been assigned to another person under subsection 705.03(3) or (4), to that person;

    • (f) follow-up procedures for ensuring that corrective actions are effective; and

    • (g) a system for recording the findings of initial and periodic audits, corrective actions and follow-ups.

  • (4) The records required under paragraph (3)(g) shall be retained for the greater of

    • (a) two audit cycles; and

    • (b) two years.

  • (5) The duties related to the quality assurance program that involve specific tasks or activities within an air operator’s activities shall be fulfilled by persons who are not responsible for carrying out those tasks or activities.

  • SOR/2005-173, s. 26

Maintenance Control Manual (MCM)

  •  (1) An air operator shall establish, maintain and authorize the use of a maintenance control manual (MCM) that contains information to ensure the efficiency of the maintenance control system, as set out in the Commercial Air Service Standards.

  • (2) The Minister may authorize the incorporation by reference in an MCM of detailed procedures manuals prepared by the air operator, where

    • (a) the policies affecting the detailed procedures remain in the MCM;

    • (b) the incorporation is clearly indicated in the MCM;

    • (c) the air operator ensures that the incorporated manuals meet the requirements of this section; and

    • (d) the person responsible for the air operator’s maintenance control system, or the person to whom the management function has been assigned pursuant to subsection 706.03(3), has certified in writing that the incorporated manuals meet the requirements of this section.

  • (3) Except where otherwise authorized by the Minister in writing where it is demonstrated that the granting of the authorization will not jeopardize the safety of the product or service, an air operator shall comply with the policies and procedures contained in its MCM.

  • (4) An air operator shall submit each page of its MCM to the Minister for approval, either individually or in accordance with an equivalent procedure that meets the applicable requirements of the Commercial Air Service Standards.

  • (5) An air operator shall amend its MCM when instructed to do so by the Minister where

    • (a) the MCM does not meet the requirements of this Subpart; or

    • (b) the MCM contains policies or procedures, or a lack thereof, such that the air operator’s maintenance control system no longer meets the requirements of these Regulations.

  • (6) An air operator shall provide the means to ensure that a current copy of its MCM, or of the relevant portions of its MCM, is made available to each person who performs or certifies a function that is dealt with in the MCM or in any manual that is incorporated in the MCM in accordance with subsection (2).

  • (7) An air operator shall amend each copy of its MCM within 30 days after the approval of an amendment under subsection (8).

  • (8) The Minister shall approve an air operator’s MCM, and any amendments to that manual, if the requirements of the Commercial Air Service Standards are met.

  • SOR/2000-389, s. 2
  • SOR/2009-152, s. 24

Maintenance Arrangements

  •  (1) No air operator shall permit a person or organization to perform maintenance on the air operator’s aircraft unless the person or organization has adequate facilities, equipment, spare parts and personnel available at the site where the maintenance is to be performed and

    • (a) the person or organization holds an approved maintenance organization (AMO) certificate issued pursuant to section 573.02 with a rating in a category applicable to the maintenance to be performed;

    • (b) where the maintenance is to be performed outside Canada by a person or organization that does not hold an AMO certificate issued pursuant to section 573.02, the person or organization has been approved under the laws of a state that is party to an agreement with Canada that provides for recognition of the work performed; or

    • (c) in cases other than those described in paragraphs (a) and (b), the performance of the maintenance by the person or organization has been approved by the Minister as being in conformity with these Regulations.

  • (2) An air operator shall ensure that a maintenance arrangement made with a person or organization pursuant to subsection (1)

    • (a) specifies the maintenance required and clearly defines the tasks to be performed; and

    • (b) is made in accordance with the procedures governing maintenance arrangements included in the MCM or is approved by the Minister as being in conformity with these Regulations.

  • (3) Where an air operator makes a maintenance arrangement to have maintenance performed outside Canada by a person or organization that does not hold an AMO certificate issued pursuant to section 573.02, the Minister shall, in the following cases, authorize the arrangement by issuing a maintenance specification to indicate that the maintenance control procedures set out in the arrangement conform to the Commercial Air Service Standards:

    • (a) the maintenance is performed by a person or organization that has been approved in accordance with paragraph (1)(b) and the issuance of a maintenance specification is either required by the agreement or requested by the foreign state; or

    • (b) the maintenance is performed in a state that is not party to an agreement with Canada that provides for recognition of the work performed.

  • (4) An air operator shall ensure the completion of all of the tasks defined in a maintenance arrangement in accordance with subsection (2).

Elementary Work

 No air operator shall authorize a person to perform, without supervision, a task that is elementary work set out in the Aircraft Equipment and Maintenance Standards unless the person

  • (a) has satisfactorily completed training for the task under a training program required by section 706.12; and

  • (b) has previously performed that task under the direct supervision of the holder of an aircraft maintenance engineer (AME) licence or a training organization approved pursuant to Subpart 3 of Part IV.

Servicing

 An air operator shall ensure that each person who performs or requests the performance of servicing has satisfactorily completed training, under a training program required by section 706.12, for the servicing to be performed.

Training Program

 An air operator shall implement a training program to ensure that persons who are authorized to perform a function under this Subpart are trained in respect of the regulations, standards and air operator procedures applicable to that function, as specified in the Commercial Air Service Standards.

Personnel Records

  •  (1) An air operator shall establish, maintain and retain for at least two years after an entry is made, for each affected person, a record of

    • (a) all personal qualifications in respect of any appointment made pursuant to section 706.03;

    • (b) any authorization to perform elementary work given in accordance with section 706.10 and incorporated in the maintenance control manual (MCM) in accordance with the Commercial Air Service Standards; and

    • (c) all training conducted pursuant to section 706.12.

  • (2) The air operator shall provide a copy of each record required by subsection (1) to the person to whom the record refers on the completion of any training or the giving of an authorization referred to in paragraph (1)(b).

 
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