DIVISION III - PERSONNEL

Duties of Certificate Holder in Respect of Maintenance
(amended 2005/05/31; no previous version)

406.19 (1) The holder of an operator certificate issued in respect of a flight training unit that operates an aeroplane or a helicopter 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 426.36(1) of the personnel licensing 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 406.36(1) and 406.47(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 flight training unit 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 406.47.

(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 a flight training unit 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.

406.36 (1) The person responsible for the maintenance control system appointed under paragraph 406.19(1)(a) shall, where a finding resulting from a quality assurance program established under section 406.47 is reported to them,
(amended 2005/05/31; previous version)

(a) determine what, if any, corrective actions are required and carry out those actions;

(b) keep a record of any determination made under paragraph (a) and the reason for it;

(c) if management functions have been assigned to another person under subsection (2) or (3), communicate any determination regarding a corrective action to that person; and

(d) notify the accountable executive of any systemic deficiency and of the corrective action taken.

(2) The person responsible for the maintenance control system may assign the management functions for the entire quality assurance program established under section 406.47, including the authority to remove aircraft from operation under paragraph 406.19(1)(f), to another person if
(amended 2005/05/31; previous version)

(a) that person meets the requirements set out in paragraphs 406.19(1)(b) and (c) and subsection 406.19(5); and

(b) the assignment and its scope are described in the maintenance control manual (MCM) of a flight training unit that operates an aeroplane or a helicopter.

(3) The person responsible for the maintenance control system may assign the management functions for specific maintenance control activities, including the authority to remove aircraft from operation under paragraph 406.19(1)(f), to another person if the assignment and its scope are described in the MCM of a flight training unit that operates an aeroplane or a helicopter.
(amended 2005/05/31; previous version)

(4) The responsibility of the person responsible for the maintenance control system is not affected by the assignment to another person of management functions under subsection (2) or (3).
(amended 2005/05/31; previous version)

(5) If a flight training unit that operates an aeroplane or a helicopter is also the holder of an approved maintenance organization (AMO) certificate issued under section 573.02, the person responsible for the maintenance control system at the flight training unit shall
(amended 2005/05/31; previous version)

(a) be the person responsible for maintenance at the AMO appointed under section 573.03; and

(b) meet the requirements referred to in paragraph 406.19(1)(b), subsection 406.19(5) and paragraph 573.03(1)(c).

DIVISION IV - AIRCRAFT

426.36 Person Responsible for Maintenance Control System

(i) Unless otherwise explicitly indicated, nothing in the regulations, or this standard, requires the flight training unit to adopt the titles of the approved manuals, positions and programs used in the regulatory documents. The designations expressed are meant to facilitate the drafting of the applicable regulations and standards. Approved organizations are free to use any designation they wish, provided the pertinent regulations and standards are complied with.
(modified 2005/05/31; previous version)

(ii) The person responsible for the maintenance control system appointed pursuant to paragraph 406.19(1)(a) should be a member of the flight training unit staff. This is to ensure that the person appointed is free of any conflict of interest, and is primarily responsible to the flight training unit in regard to any dealings with the maintenance organization. Employees of a contracting maintenance organization therefore, do not qualify for this position. The requirement is not intended to imply that the person appointed must be a full time employee. Persons may be appointed on a part time basis, provided they are available for such periods as are necessary to effectively control the maintenance system, having regard to the type and frequency of flight operations.
(modified 2005/05/31; previous version)

(1) An applicant for the "Person Responsible for the Maintenance Control System" position within a flight training unit shall demonstrate, during an interview conducted by Transport Canada regional personnel, that he or she is knowledgeable in respect of the flight training unit’s policies approved by the Minister, and the topics listed below:
(modified 2005/05/31; previous version)

(a) duties and responsibilities of the appointed position;

(b) duties of persons who have been assigned functional responsibilities;

(c) responsibilities of the flight training unit in relation to those of the AMO;

(d) identification of acceptable reference data recognized by the aviation industry for maintenance schedules;

(e) use of fleet sampling techniques;

(f) control of repetitive inspections;

(g) reliability program;

(h) types and methods of control of mandatory maintenance tasks;

(i) defect control;

(j) technical dispatch procedures;

(k) maintenance release requirements;

(l) control of elementary work and servicing;

(m) responsibility for record keeping; and

(n) the function of quality assurance.

(2) The interview is designed to establish the applicant’s knowledge. Questions and responses will be recorded.
(modified 2005/05/31; previous version)

426.47 Quality Assurance Program
(modified 2005/05/31; previous version)

The Quality Assurance Program (hereinafter the program) established under section 406.47 of the Canadian Aviation Regulations (CARs) is not intended to be based solely on a system of end product inspection, but rather upon periodic verifications of all aspects of the systems and practices used for the control of maintenance. The program should provide an unbiased picture of the flight training unit’s performance, to verify that activities comply with the MCM and confirm that the systems and procedures, described in the MCM, remain effective.
(modified 2005/05/31; previous version)

(1) The program shall, as a minimum, cover all functions defined within the MCM and include all elements necessary to ensure effectiveness, quality and safety. It shall confirm that the flight training unit is in compliance with the applicable regulations and with the MCM by addressing operational and environmental conditions, organizational structure, record keeping systems, etc. and ensure that all referenced procedures remain applicable and effective.
(modified 2005/05/31; previous version)

(2) The audits referred to in paragraphs 406.47(3)(a) and (b) of the CARs may be conducted on a progressive or segmented basis, provided that the entire organization is audited within the applicable interval.
(modified 2005/05/31; previous version)

A proportion of random audits should be carried out while activities covered by the MCM and maintenance schedules are in progress, including work being performed at night time.
(modified 2005/05/31; previous version)

(3) Activities related to the program may be performed by employees of the FTU or by external agents. Persons may be assigned responsibility for other duties, in addition to those related to the program, provided that the program responsibilities take precedence over all other responsibilities.
(modified 2005/05/31; previous version)