Advisory Circular. Aircraft Certification Authority Based on Foreign Qualifications
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1 Advisory Circular Subject: Aircraft Certification Authority Based on Foreign Qualifications Issuing Office: Civil Aviation, Standards Document No.: AC File Classification No.: Z Issue No.: 02 RDIMS No.: V1 Effective Date: TABLE OF CONTENTS 1.0 INTRODUCTION Purpose Applicability Description of Changes REFERENCES AND REQUIREMENTS Reference Documents Cancelled Documents Definitions and Abbreviations BACKGROUND EQUIVALENT QUALIFICATIONS CONDITIONS AND LIMITATIONS FOR ISSUANCE OF ACA Conditions Aircraft type course Limitations Scope of privileges of ACA MAINTENANCE POLICY MANUAL PROCEDURES ISSUANCE OF ACA BASED ON QUALIFICATIONS PREVIOUSLY DEEMED EQUIVALENT DOCUMENT HISTORY CONTACT OFFICE... 6
2 1.0 INTRODUCTION This Advisory Circular (AC) is provided for information and guidance purposes. It describes an example of an acceptable means, but not the only means, of demonstrating compliance with regulations and standards. This AC on its own does not change, create, amend or permit deviations from regulatory requirements, nor does it establish minimum standards. 1.1 Purpose (1) The purpose of this AC is to provide guidelines on how to determine equivalency of the qualifications held by a foreign aircraft maintenance licence holder to the qualifications required to hold an Aircraft Maintenance Engineer (AME) licence issued under Subpart 403 of the Canadian Aviation Regulations (CARs). (2) This equivalency determination is required before an Approved Maintenance Organization (AMO) can issue Aircraft Certification Authority (ACA) to a person who is located outside of Canada who is not the holder of a Canadian AME licence, based on their qualifications for the purpose of signing a maintenance release for maintenance performed outside of Canada. 1.2 Applicability This document is applicable to appropriately rated Aircraft AMOs conducting aircraft maintenance outside Canada, Transport Canada Civil Aviation (TCCA) Regional personnel responsible for approving AMO Maintenance Policy Manual (MPM) procedures for the performance of maintenance outside of Canada, and TCCA personnel within the Operational Airworthiness Division responsible for processing equivalency requests. While the procedures outlined in this AC are considered guidance, AMOs who choose to apply them must do so in their entirety in order to receive approval based on their use. The procedures in this document do not apply to the issuance of an AME licence or ACA for the purposes of singing a maintenance release for maintenance performed within Canada. 1.3 Description of Changes Due to the number of changes incorporated into this issue, readers should review the content of the entire document. 2.0 REFERENCES AND REQUIREMENTS 2.1 Reference Documents (1) It is intended that the following reference materials be used in conjunction with this document: Part IV, Subpart 3 of the CARs Aircraft Maintenance Engineer Licenses and Ratings; Part V, Subpart 71 of the CARs Aircraft Maintenance Requirements; Part V, Subpart 73 of the CARs Approved Maintenance Organizations; Standard 566 of the CARs, Division II Approved Training Organizations; (e) Standard 571 of the CARs Maintenance; (f) Standard 573 of the CARs Approved Maintenance Organizations of 6 AC Issue 02
3 2.2 Cancelled Documents As of the effective date of this document, the following document is cancelled: Advisory Circular (AC) , Issue 01, dated Aircraft Certifying Authorities based on Foreign AME Licences. (2) By default, it is understood that the publication of a new issue of a document automatically renders any earlier issues of the same document null and void. 2.3 Definitions and Abbreviations (1) The following definitions are used in this document: Aircraft Certification Authority: means the maintenance release authorization issued by an AMO to a qualified person who meets the requirements of Subparts 571 and 573 of the CARs. Aircraft Maintenance Engineer Licence: means the licence issued pursuant to Subpart 403 of the CARs. Line maintenance: means maintenance activities limited to pre-flight, daily and weekly checks, and includes the rectification of unscheduled aircraft defects provided the maintenance is not specialized work as described in paragraph (3) of Standard 573 of the CARs. It does not include any scheduled checks which may also include segmented portions of higher level checks. Maintenance Release: means a certification made following the maintenance of an aircraft, indicating that the maintenance was performed in accordance with the applicable provisions of the CARs and standards of airworthiness. (2) The following abbreviations are used in this document: (e) (f) (g) ACA: Aircraft Certification Authority; AC: Advisory Circular; AME: Aircraft Maintenance Engineer; AMO: Approved Maintenance Organization; CARs: Canadian Aviation Regulations; PMI: Principle Maintenance Inspector; and TCCA: Transport Canada Civil Aviation. 3.0 BACKGROUND (1) Subparagraph (2)(ii) of the CARs provides that in the case of maintenance performed outside Canada, and if no agreement or technical arrangement provide for the certification of such maintenance, a person may be authorized to sign a maintenance release if the person holds qualifications that the Minister has deemed equivalent to qualifications that are required to hold an AME Licence. (2) A person deemed to hold equivalent qualifications to sign a maintenance release may be eligible for issuance of ACA provided that the maintenance is not being performed in a country where an agreement or technical arrangement exists that provides for the certification of such maintenance and the additional requirements in section of the CARs, authorization to sign a maintenance release under an AMO, are met of 6 AC Issue 02
4 (3) Before issuing ACA, an AMO must make a separate evaluation of the licence holder s qualifications and completed aircraft type course. The following sections provide guidance on establishing qualification equivalency and describes an acceptable means of evaluating an aircraft type course that was not approved by TCCA for the purposes of meeting subsection (4) of the CARs. 4.0 EQUIVALENT QUALIFICATIONS Pursuant to subparagraph (2)(ii) of the CARs and subject to the conditions and limitations herein, a person who meets the following is considered to have equivalent qualifications to a person who holds an appropriately rated AME licence: (e) holds of a valid aircraft maintenance licence issued by a Civil Aviation Authority in the country where maintenance is to be performed; the privileges of the licence in are appropriate for the ACA privileges being considered; holder of the licence in has exercised the privileges of the licence for not less than two years; holder of the licence in has experience on the type of aircraft that ACA will be granted; and holder of the licence in meets the recency requirements of section of the CARs. NOTE: The two years minimum experience as a licence holder is to compensate for any discrepancies between the practical experience requirements of the AME licence and the licence being assessed, which will remove the need for a comparative review of the licence systems. Where an AMO wishes to base the issuance of ACA on a licence other than the one described in subparagraph (1) above, they will provide all information on the qualifications of the person and justification for the basis of the issuance of the ACA to their TCCA Principle Maintenance Inspector (PMI). Justification will include options considered and reasons why the AMO wishes to utilize the basis of a licence other than the one in subparagraph (1). The TCCA PMI will forward all information and justification received from the AMO, as required in paragraph (2) above, to the Operational Airworthiness Division, Standards Branch, for review and equivalency determination. 5.0 CONDITIONS AND LIMITATIONS FOR ISSUANCE OF ACA 5.1 Conditions (1) Once the person meets the equivalency in section 4.0, the following conditions apply to the issuance of ACA: The person is working under the direct control of the AMO issuing the authority: (i) Where an ACA is made conditional upon the holder working within the framework of a contracting organization, the AMO may ensure the necessary direct control by adopting the applicable sections of the contracting organization s procedures as its own with regards to maintenance performed at the foreign base; of 6 AC Issue 02
5 (ii) The ACA will only be valid while the holder has privileges issued by the contracting organization. The person successfully completes a regulatory examination on the CARs applicable to foreign ACA holders with a minimum passing mark of 70% that is administered by TCCA, or by the AMO, and addresses at least Subparts 605, 571 and 573 of the CARs, as they relate to the maintenance responsibilities of the Air Operator, AMO, flight crew, and persons signing a maintenance release; The person completes the required training under the AMOs training program; and If required, aircraft type course required under subsection (4) of the CARs is completed or existing aircraft type course held by the person is found to be acceptable in accordance with Section 5.2 below. 5.2 Aircraft type course (1) With reference to subsection (4) of the CARs, persons who will be issued ACA for the signing a maintenance release for maintenance performed on a transport category aeroplane, or turbine-powered helicopter: must successfully complete a TCCA approved aircraft type course on the aircraft for which ACA will be granted in accordance with Appendix M of Standard 571 of the CARs; or where an aircraft type course was completed but was not TCCA approved, the AMO will evaluate completed type training used as the basis for ACA held by the person against the standards outlined in section of Standard 566 of the CARs. With reference to subparagraph (1), the AMO ensures that the person has completed appropriate training on all aspects of the type training course that are related to the scope of ACA privileges being granted. The AMO s evaluation ensures that the person s knowledge of the aircraft, engine, structures, systems and procedures concerned is sufficient to meet the training requirement for the signing of a maintenance release under the ACA privileges. The AMO forwards the evaluation and recommendation to their TCCA PMI for acceptance. NOTE: TCCA acceptance of the aircraft type course held by the person is only valid for the ACA being granted by the AMO. 5.3 Limitations Scope of privileges of ACA (1) The following limitations apply for the issuance of ACA and are annotated to that effect: The ACA must identify the licence upon which the ACA is based; Where the ACA is conditional upon the holder working within a contracting organization, the scope of privileges granted are not to exceed the privileges granted by that organization; The ACA must identify the geographical limits applicable to its use, which shall not include maintenance performed within Canada; and The privileges of ACA are limited to line maintenance activities of 6 AC Issue 02
6 6.0 MAINTENANCE POLICY MANUAL PROCEDURES (1) The AMO s procedures for compliance with the issuance of ACA based on a foreign qualifications that are deemed to be equivalent in accordance with this AC, including procedures for the evaluation of aircraft type training, are documented in the MPM and approved by their TCCA PMI. (2) The AMO maintains the records of aircraft type training course evaluations, the completion of type training courses by prospective ACA holders and the holder s records of the training in accordance with section of the CARs. 7.0 ISSUANCE OF ACA BASED ON QUALIFICATIONS PREVIOUSLY DEEMED EQUIVALENT ACA based on qualifications previously deemed equivalent and issued under previous TCCA guidance remains valid until revoked by TCCA or when no longer required by the AMO. If the AMO no longer requires the ACA, they will advise their TCCA PMI. 8.0 DOCUMENT HISTORY Advisory Circular (AC) Issue 01, RDIMS (E), (F), dated Aircraft Certifying Authorities Based on Foreign AME Licences. 9.0 CONTACT OFFICE For more information, please contact: Jeffrey Phipps Chief, Operational Airworthiness Standards Branch, TCCA (AARTM) Phone: Fax: jeff.phipps@tc.gc.ca Suggestions for amendment to this document are invited, and should be submitted via the Standards Branch «AART Documentation Services» at the following Internet address: AARTinfodoc@tc.gc.ca Orginal signed by Robert Sincennes Director, Standards Branch Transport Canada Civil Aviation of 6 AC Issue 02
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