Canadian Aviation Regulations (SOR/96-433)

Requirements for Chief Flight Instructor

406.22 No person shall act as a chief flight instructor unless the person

• (a) has the qualifications required for the position, as set out in the personnel licensing standards; and

• (b) acknowledges in writing that the person knows, accepts and will carry out the responsibilities of the position, as set out in the personnel licensing standards.

Requirements for Assistant Chief Flight Instructor

406.22.1 No flight training unit shall appoint a person as an assistant chief flight instructor and no person shall act as an assistant chief flight instructor unless the person

• (a) has the qualifications required for the position, as set out in the personnel licensing standards; and

• (b) acknowledges in writing that the person knows, accepts and will carry out the responsibilities of the position, as assigned in writing by the chief flight instructor.

Appointment of Check Instructor

406.22.2 A flight training unit conducting an integrated course in accordance with Division VIII of this Subpart shall

• (a) appoint a check instructor; and

• (b) ensure that the person appointed as check instructor meets the requirements set out in section 406.22.3.

Requirements for Check Instructor

406.22.3 No person shall act as a check instructor unless the person is a chief flight instructor or

• (a) has the qualifications required for the position, as set out in the personnel licensing standards; and

• (b) acknowledges in writing that the person knows, accepts and will carry out the responsibilities of the position, as assigned in writing by the chief flight instructor.

Appointment of Flight Instructors

406.23 No flight training unit shall appoint a person as a flight instructor unless the person is qualified in accordance with section 405.21.

Requirements for Ground Instructors

406.24 No flight training unit shall appoint a person as a ground instructor and no person shall act as a ground instructor unless the person holds a flight instructor rating in the appropriate category or meets the personnel licensing standards.

Operational Personnel Records

406.25 A flight training unit shall, at its main base or sub-base, as applicable, establish, maintain and retain for at least two years after an entry is made, for each ground instructor, each flight instructor and every other member of its operational personnel, a record that meets the personnel licensing standards.

Aircraft Familiarization

406.26 No flight training unit shall assign a person to conduct flight training in an aircraft unless the person is familiar with the flight characteristics, operating limitations and operational performance data specified in the aircraft flight manual or equivalent document.

[406.27 to 406.30 reserved]

Division IV — Aircraft

Aircraft Registration Requirements

406.31 No flight training unit that is a person described in paragraph 406.04(a) shall operate an aircraft in a flight training service in Canada unless

• (a) the aircraft is registered in Canada under Division II of Subpart 2 of Part II or in another contracting state;

• (b) where the aircraft is registered in another contracting state, the Minister has authorized its operation; and

• (c) in the case of an aircraft other than an ultra-light aeroplane, the aircraft type is approved for operation in Canada.

Aircraft Flight Authority

406.32 No flight training unit shall operate an aircraft in a flight training service unless

• (a) in the case of a flight training unit that operates an aeroplane or a helicopter, a certificate of airworthiness that meets the requirements of Article 31 of the Convention has been issued for the aircraft pursuant to section 507.02;

• (b) in the case of a flight training unit that operates a glider, a balloon or a gyroplane, a flight authority has been issued for the aircraft pursuant to Subpart 7 of Part V; and

• (c) the aircraft meets the requirements of section 405.23.

Safety Belt and Shoulder Harness Requirements

406.33 No flight training unit shall operate an aeroplane or a helicopter unless each front seat, or each seat occupied by a trainee or flight instructor, is equipped with a safety belt that includes a shoulder harness.

Checklists

406.34 For the purpose of establishing safe aircraft operating procedures, a flight training unit that operates an aeroplane or a helicopter shall establish and make readily available to each flight crew member on board the aircraft the checklist referred to in section 602.60 for each aircraft type that it operates.

Maintenance Control System

406.35 A flight training unit that operates an aeroplane or a helicopter shall establish and comply with a maintenance control system that

• (a) consists of policies and procedures regarding the maintenance of aircraft operated by the flight training unit;

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

• (c) is described in the flight training unit’s maintenance control manual (MCM).

Person Responsible for Maintenance Control System

• 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,

  • (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 subsection (6), to another person if

  • (a) that person meets the requirements set out in paragraph 406.19(1)(b) 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 subsection (6), 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.

• (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).

• (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

  • (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).

• (6) The person responsible for the maintenance control system shall 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.

Maintenance Personnel and Facilities

406.37 A flight training unit 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 personnel licensing standards that are necessary for compliance with this Subpart.

Maintenance Control Manual

• 406.38 (1) A flight training unit that operates an aeroplane or a helicopter shall

  • (a) establish and submit to the Minister for approval a maintenance control manual that contains the information set out in the personnel licensing standards;

  • (b) 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 service, authorize the use of its maintenance control manual and comply with the policies and procedures contained therein;

  • (c) take steps to ensure that a copy of its maintenance control manual, or of the relevant portions of its maintenance control manual, is made available to each person who performs or certifies a function that is dealt with in the maintenance control manual or in any manual that is incorporated in the maintenance control manual pursuant to subsection (2);

  • (d) submit amendments to its maintenance control manual to the Minister for approval when instructed to do so by the Minister, where

    • (i) the maintenance control manual does not meet the requirements of this Subpart, or

    • (ii) the maintenance control manual contains policies or procedures, or a lack thereof, such that the flight training unit’s maintenance control system no longer meets the requirements of these Regulations; and

  • (e) insert amendments to its maintenance control manual into each copy of the manual within 30 days after approval of the amendments pursuant to paragraph (d).

• (2) The Minister may authorize the incorporation by reference in a maintenance control manual of detailed procedures manuals prepared by the flight training unit, where

  • (a) the policies affecting the detailed procedures remain in the maintenance control manual;

  • (b) the incorporation is clearly indicated in the maintenance control manual;

  • (c) the flight training unit ensures that the incorporated manuals meet the requirements of this section; and

  • (d) the person responsible for the flight training unit’s maintenance control system, or the person to whom this function has been assigned pursuant to subsection 406.36(3), has certified in writing that the incorporated manuals meet the requirements of this section.

• (3) The Minister shall approve a maintenance control manual and any amendments to the manual, where the personnel licensing standards are met.

Maintenance Arrangements

• 406.39 (1) No flight training unit that operates an aeroplane or a helicopter shall permit a person or organization to perform maintenance on the flight training unit’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 that is rated in the category for 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 approved maintenance organization (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) A flight training unit that operates an aeroplane or a helicopter 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 maintenance control manual or is approved by the Minister as being in conformity with these Regulations.

• (3) Where a flight training unit that operates an aeroplane or a helicopter makes a maintenance arrangement referred to in paragraph (1)(b), 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 personnel licensing standards:

  • (a) 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.

Technical Dispatch Procedures

406.40 A flight training unit that operates an aeroplane or a helicopter shall establish and comply with policies and procedures to ensure that an aircraft is not operated unless it is

• (a) airworthy;

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

• (c) maintained in accordance with the flight training unit’s maintenance control manual.

Defect Rectification and Control Procedures

406.41 A flight training unit that operates an aeroplane or a helicopter shall include in its maintenance control system the procedures referred to in the personnel licensing 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.

Service Difficulty Reporting

406.42 The holder of a flight training unit operator certificate who operates an aeroplane or a helicopter shall report to the Minister, in accordance with Division IX of Subpart 21 of Part V, any reportable service difficulty related to any aircraft that it operates.

Elementary Work

406.43 No flight training unit that operates an aeroplane or a helicopter shall authorize a person to perform, without supervision, a task that is elementary work set out in section 605.85 unless the person

• (a) has satisfactorily completed training for the task under a training program required by section 406.45; 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.

Servicing

406.44 A flight training unit that operates an aeroplane or a helicopter shall ensure that each person who performs or requests the performance of servicing has satisfactorily completed training, under a training program required by section 406.45, for the servicing to be performed.

Training Program

406.45 A flight training unit that operates an aeroplane or a helicopter shall implement a training program to ensure that persons who are authorized to perform a function under this Division are trained in respect of the regulations, standards and flight training unit procedures applicable to that function, as specified in the personnel licensing standards.

Maintenance Personnel Records

• 406.46 (1) A flight training unit that operates an aeroplane or a helicopter shall establish, maintain and retain for at least two years after an entry is made a record of maintenance personnel that meets the personnel licensing standards.

• (2) Where an authorization is given or training is completed, the flight training unit shall provide a copy of each record required by subsection (1) to the person to whom the record refers.

Quality Assurance Program

• 406.47 (1) The holder of an operator certificate issued in respect of a flight training unit that operates an aeroplane or a helicopter 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

    • (i) the person responsible for the maintenance control system appointed under paragraph 406.19(1)(a), or

    • (ii) the person to whom the management functions for the program have been assigned under subsection 406.36(2); and

  • (b) meets the requirements of section 426.47 of the personnel licensing standards.

• (2) The person responsible for the maintenance control system shall ensure that records relating to the findings resulting from the quality assurance program are distributed 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 a quality assurance program that consists of the following:

  • (a) an initial audit within 12 months after the date on which the flight training unit 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) 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 406.36(2) or (3), to that person;

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

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

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

  • (a) two audit cycles; and

  • (b) two years.

• (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 quality assurance program of the flight training unit under paragraph (1)(a) shall be the person responsible for the quality assurance program of the AMO.

• (6) The duties related to the quality assurance program that involve specific tasks or activities within a flight training unit’s activities shall be fulfilled by persons who are not responsible for carrying out those tasks or activities.