MSI 43 - Minister's Delegate - Recreational Aviation -- Issuance of Delegation of Authority
Minister's Delegate - Recreational Aviation (MD-RA) -- Issuance of Delegation of Authority / Revision No: / 2
Number of Pages: / 12
File No:AARP-5009-3-43 / Issue Date: / June 11, 2004
1.PURPOSE
1.1The purpose of this instruction is to outline the procedures with respect to the issuance of a delegation of authority to qualified individuals, enabling them to act as a Minister's Delegate - Recreational Aviation (MD-RA).
2.BACKGROUND
2.1The MD-RA program was established to provide the aviation industry with a mechanism that allows qualified individuals, other than Civil Aviation Safety Inspectors (CASI’s), to inspect amateur-built aircraft and issue the initial special certificate of airworthiness – amateur-built.
2.2The amateur-built aircraft inspection program is a Transport Canada Civil Aviation program, managed under the auspices of the Director, Aircraft Maintenance and Manufacturing Branch.
2.3MD-RA Inspection Services performs the administrative functions associated with the amateur-built aircraft inspection program, including such functions as the receipt of all letters of intent and requests for inspections of amateur-built aircraft construction projects, the assignment of inspectors to conduct the inspections, and the safe-keeping of technical inspection documents and forms.
3.REFERENCES
3.1Aeronautics Act; Maintenance Policy Letter (MPL) 11 - "Minister's Delegate - Recreational Aircraft"; MPL 13 – “Mass production of Amateur-built Aircraft”; MPL 21 - " Minister's Delegate - Rules of Conduct”; MPL 29 - "External Delegation of Authority"; Maintenance Staff Instruction (MSI) 64 - “Minister's Delegate - Recreational Aviation (MD-RA) Procedural Guidelines for the Peer Review of Technical Inspection Documents and Forms”.
4.RECRUITMENT OF MINISTER’S DELEGATES – RECREATIONAL AVIATION
4.1Transport Canada is solely responsible for the recruitment, evaluation of applications, acceptance and training of candidates for MD-RA delegation of authority.
4.2Recruitment of candidates and issuance of MD-RA delegation of authority will be based on the following principle: the need for a MD-RA inspector, as reflected by the number of amateur-built aircraft construction projects, and hence, required inspections, in a given geographical area, mitigated by the requirement for MD-RAs to perform a minimum number of inspections, including a final inspection, during the period of validity of the MD-RA delegation of authority.
4.3Members of the local recreational aviation community and organizations may be consulted with respect to the need for additional inspectors. However, the CASI doing the consultation should remember that local organizations may sometime inflate the need for a “local” MD-RA inspector. For that reason, MD-RA Inspection Services shall be consulted for the purpose of determining the genuine need for additional delegated amateur-built aircraft inspectors.
4.4MD-RA Inspection Services is the custodian of all letters of intent to construct amateur-built aircraft in Canada. Letters of intent constitute accurate data with respect to the numbers of amateur-built aircraft construction projects in a given area. MD-RA Inspection Services can be contacted by CASIs for such information.
4.5MD-RA Inspection Services, on behalf of MD-RAs, also collects data with respect to the number and type of inspections performed by the MD-RAs, for the purpose of compliance (minimum number of inspections completed in the last 24 months) by MD-RAs with the conditions of the delegation of authority. Such data is informative in determining the need for additional delegated inspectors.
4.6Pending the determination of a genuine need for additional MD-RA inspectors, applications for delegation of authority shall be kept in a general file. No individual file shall be opened at this time, and no detailed review of the application(s) shall be done at this time. The applicant(s) shall be informed that their application will be kept on file, until such time as the need for additional resources make itself felt.
4.7Once the need for additional MD-RA resources has been determined, at that time, the applicants, whose applications are on file, will be contacted by Transport Canada for the purpose of determining their continued interest in the MD-RA delegation of authority program. Once the interest of the applicants has been confirmed, a detailed evaluation of the application can be undertaken.
4.8The decision to increase the number of MD-RA inspectors in a given geographical area rests with the Regional Manager, Aircraft Maintenance and Manufacturing.
5.APPLICATION FOR MD-RA DELEGATION OF AUTHORITY
5.1Applications for MD-RA delegation of authority shall be submitted to the appropriate Regional Manager, Aircraft Maintenance and Manufacturing, and should include the following information:
(a)name, address and telephone number;
(b)a résumé showing the applicant's experience relative to the construction of amateur-built aircraft or the maintenance of aircraft; and
(c)a description of the delegation privileges being sought, detailing the following:
(i)types of aircraft: balloon, fixed wing, rotary wing and gyroplane; and
(ii)construction material: composite, metal, steel tube, wood and fabric.
6.OPENING A FILE
6.1Once the need for additional MD-RA inspectors has been determined, and unless a file already exists, an individual file shall be opened, containing all documentation pertaining to the application and subsequent documentation relating to the MD-RA delegation of authority.
6.2Each region shall assign a unique number to the MD-RA file.
Information Note: number series have been issued to each Region by AARP. Any request for additional numbers should be directed to Standards and Procedures Division (AARPE).
6.3Documents pertaining to Minister's Delegates shall be stored in the following files:
(a)5015-22 = Minister's Delegations
(b)5015-22-0 = Minister's Delegations - Policy
(c)5015-22-1 = Minister's Delegations - General
(d)5015-22-XXXX = Individual Delegate, where "XXXX" is a unique MD-RA number.
Information Note: file numbers will be preceded by the appropriate regional designator (for example, NAH 5015-22-XXXX).
6.4Along with any documents relating to the issuance of delegation, a copy of the signed delegation card, along with the signed copy of the Delegate’s Manual shall be kept on the MD-RA's individual file.
7.SUPPORTING DOCUMENTATION
7.1The CASI charged with the review of the application shall ensure that all documents supplied in support of the application are either originals, or certified true copies. In the case of original documents (e.g., course certificates, licences), the CASI shall photocopy the documents and certify them as true copies, returning the original documents to the applicant.
7.2Facsimiles may be accepted where necessary to expedite an application; however, the original documents shall be received, viewed and photocopied prior to issuing the delegation of authority.
8.REVIEW OF AN APPLICATION
8.1The review of an application for MD-RA delegation of authority is a three-step process.
8.2Steps 1, 2 and 3 of the review process serve to establish the eligibility of an applicant to attend the regulatory, technical and administrative training sessions with respect to the amateur-built aircraft construction standards, construction materials and techniques, inspection procedures, technical inspection documents and forms, issuance of flight authorities, delegation of authority, as provided by Transport Canada.
8.3The initial review of an application for MD-RA delegation of authority can only take place once the need for additional MD-RA inspectors has been determined.
9.Step 1 – CITIZENSHIP
9.1A MD-RA delegation of authority shall only be issued to a Canadian citizen or a permanent resident, as defined in section 55 of the Canada Transportation Act.
9.2As a first step in the review of the application, the CASI shall verify the applicant’s citizenship. The following documents are acceptable as proof of citizenship:
(a)a Canadian citizenship certificate;
(b)a Certificate of Registration of Birth Abroad issued by the Department of Citizenship and Immigration;
(c)a birth certificate or baptismal certificate issued in Canada;
(d)a Canadian passport;
(e)an aviation personnel licence showing the citizenship of the holder; and
(f)a permanent resident (PR) card (wallet-sized, plastic status card that replaces the paper IMM1000 Record of Landing document, as of 31 December2003), issued to a landed immigrant by the Department of Citizenship and Immigration.
9.3If the applicant meets the requirements with respect to the Canadian citizenship, the review of the application can proceed to Step 2.
9.4If the applicant does not meet the requirements with respect to the Canadian citizenship, the CASI shall inform the applicant that he/she does not meet the qualifications necessary for the issue of a MD-RA delegation of authority, by means of a Notice of Refusal to Issue or Amend a Canadian Aviation Document, in accordance with the provisions of MSI 59.
10.Step 2 – PERSONAL RECORD IN RELATION TO AVIATION
10.1A MD-RA delegation of authority can only be issued to an individual whose personal record in relation to aviation is free of convictions of offenses under the Aeronautics Act and the Canadian Aviation Regulations.
10.2The Civil Aviation Safety Inspector (CASI) shall verify that the personal record of the applicant in relation to aviation is free of any convictions of offenses under the Aeronautics Act and the Canadian Aviation Regulations. The CASI shall send a request to the regional Aviation Enforcement Branch for the information.
10.3If the personal record of the applicant in relation to aviation is free of any convictions of offenses under the Aeronautics Act and the Canadian Aviation Regulations, the review of the application can proceed to Step 3.
10.4Should the applicant’s record not be free of convictions of offenses under the Aeronautics Act and the Canadian Aviation Regulations, the CASI shall inform the applicant that he/she does not meet the qualifications necessary for the issue of a MD-RA delegation of authority, by means of a Notice of Refusal to Issue or Amend a Canadian Aviation Document, in accordance with the provisions of MSI 59.
11.Step 3 – EVALUATION OF QUALIFICATIONS
11.1Step 3 consists of an evaluation of the documentation submitted in the application for MD-RA delegation of authority, more specifically that contained in the résumé showing the applicant's experience relative to the construction of amateur-built aircraft or the maintenance of aircraft; and a description of the delegation privileges being sought, including types of aircraft and construction material(s).
11.2The evaluation of the applicant’s experience relative to the construction of amateur-built aircraft, or the maintenance of aircraft, must provide the CASI performing the evaluation with some assurance that the applicant possesses knowledge pertinent to the construction of amateur-built aircraft, or the maintenance of aircraft, and that he/she would be a suitable candidate for the regulatory, technical and administrative training required of MD-RAs.
11.3For example, an applicant who is neither the builder of an amateur-built aircraft, nor an AME, would not constitute a good candidate for MD-RA delegation of authority – lack of work experience and pertinent knowledge. In the same vein, an AME who has only maintained large transport category aeroplanes or helicopters may not constitute a good candidate – lack of pertinent work experience on small aircraft.
11.4Particular attention must be given during the evaluation of the application to the experience and knowledge of the candidate to ensure that the work experience and knowledge are actually commensurate with the requested scope of delegation. The work experience must be directly associated with the construction or maintenance of aircraft of similar construction and complexity to those for which MD-RA delegation is requested.
11.5For example, an applicant who is either a builder or an AME with work experience on small aircraft, but with no experience in wood construction, should not be requesting delegation of authority to inspect amateur-built aircraft of wooden construction.
11.6In an ideal world, candidates for MD-RA delegation of authority would be builders of amateur-built aircraft, owners of small type certified aircraft, AMEs with experience in the maintenance of small aircraft, including the maintenance of amateur-built aircraft, or persons that have been intimately involved in the restoration of small aircraft. The résumé must provide the CASI with some assurance of a genuine interest in recreational aviation and aircraft, on the part of the candidate.
11.7If the evaluation of the applicant’s experience relative to the construction of amateur-built aircraft, or the maintenance of aircraft provides the CASI performing the evaluation with some assurance that the applicant possesses knowledge pertinent to the construction of amateur-built aircraft, or the maintenance of aircraft, and would be a suitable candidate for the regulatory, technical and administrative training required of MD-RAs, the CASI will so inform the applicant by letter.
11.8If the evaluation of the applicant’s experience relative to the construction of amateur-built aircraft, or the maintenance of aircraft does not provide the CASI performing the evaluation with the necessary assurance that the applicant possesses knowledge pertinent to the construction of amateur-built aircraft, or the maintenance of aircraft, the CASI shall inform the applicant that he/she does not meet the qualifications necessary for the issue of a MD-RA delegation of authority, by means of a Notice of Refusal to Issue or Amend a Canadian Aviation Document, in accordance with the provisions of MSI 59.
12.ELIGIBILITY OF APPLICANT TO ATTEND TRAINING
12.1Steps 1, 2 and 3 of the review of an application for MD-RA delegation of authority establish the eligibility of the applicant to attend the regulatory, technical and administrative training sessions with respect to the amateur-built aircraft construction standards, construction materials and techniques, inspection procedures, technical inspection documents and forms, issuance of flight authorities, delegation of authority, as provided by Transport Canada.
12.2The CASI who has performed the initial review of the application shall inform an applicant that the review of his/her application has been completed, that the applicant is eligible to attend the required regulatory, technical and administrative training sessions, and that he/she will be informed of the dates and location of the next training sessions.
13.TRAINING
13.1Regulatory, technical and administrative training is an essential condition of the issuance of a MD-RA delegation of authority.
13.2No delegation of authority can be issued or renewed until the regulatory, technical and administrative training has been completed by the MD-RA candidates and has been supplemented by the on-the-job training, in the case of a new applicant.
13.3The Director, Aircraft Maintenance and Manufacturing, is responsible for the regulatory, technical and administrative training sessions with respect to the amateur-built aircraft construction standards, construction materials and techniques, inspection procedures, technical inspection documents and forms, issuance of flight authorities, and delegation of authority.
13.4The regulatory training shall include, but not be limited to, subjects such as:
(a)Chapter 549 of the Airworthiness Manual;
(b)Ministerial exemption - amateur-built aircraft design and construction standards;
(c)CAR and STD 507;
(d)MPLs 11, 13 and 21;
(e)MSIs 43 and 64;
(f)Delegation of Authority Document No. 149545.
13.5The technical training shall include, but not be limited to, subjects such as:
(a)Aircraft category and design standards;
(b)Construction materials and techniques;
(c)Inspection procedures.
13.6The administrative training shall include, but not be limited to, subjects such as:
(a)Project files;
(b)Technical inspection documents and forms;
(c)Flight authority documents.
13.7Upon completion of the regulatory, technical and administrative training, the MD-RA delegates and applicants will be issued with a certificate attesting to the candidate’s attendance and successful completion of the required training.
14.AUTHORIZATION TO ATTEND THE TRAINING SESSIONS
14.1The regulatory, technical and administrative training sessions are normally held at two (2) year intervals (the same interval of the maximum duration of the delegation of authority).
14.2It is possible that many months may elapse before the training sessions actually take place. Thus, prior to authorizing an applicant to attend the regulatory, technical and administrative training sessions, the CASI shall conduct a final quick review of the file to ensure that all the information is there, but most importantly, to verify that the personal record in relation to aviation is still free of convictions of offenses under the Aeronautics Act and the Canadian Aviation Regulations. Please see Step 2 above for the procedure with respect to the verification of the personal aviation record.
14.3The final quick review of the file shall cover the following information:
(a)Name;
(b)Address;
(c)Citizenship;
(d)Aviation personal record (convictions under the Aeronautics Act or the CARs);
(e)Qualifications (knowledge and experience).
14.4The CASI doing the final quick review shall inform the applicant by letter that he/she is eligible to attend the regulatory, technical and administrative training sessions. The letter shall include information with respect to the dates and place of the training sessions.
14.5The CASI shall also inform MD-RA Inspection Services of the eligibility of a new candidate for the training sessions. In accordance with the Agreement between the Minister of Transport, as represented by the Director, Aircraft Maintenance and Manufacturing Branch, Civil Aviation Directorate, and MD-RA Inspection Services, a Division of Recreational Aviation Services Incorporated, with respect to the amateur-built aircraft inspection program, MD-RA Inspection Services is responsible for arranging for training facilities, and for making travel and accommodation arrangements for MD-RAs, including new candidates that have been found eligible by Transport Canada, for the purpose of attending the regulatory, technical administrative training sessions.
15.ON-THE-JOB TRAINING
15.1As part of the requirements for delegation, MD-RA applicants shall undergo on-the-job training.
15.2All on-the-job training shall be arranged by and conducted under the direction of Transport Canada.
15.3MD-RA applicants shall successfully complete a minimum of three aircraft inspections, one of which is a final inspection. The sample inspections shall be representative of the scope of delegation being sought by the applicant.
15.4The MD-RA applicant doing on-the-job training shall accompany either a Civil Aviation Safety Inspector, or another MD-RA whose scope of delegation of authority includes, at a minimum, the scope of delegation sought by the applicant.
15.5The Civil Aviation Safety Inspector or MD-RA that accompanied the applicant MD-RA shall inform the Regional Manager in writing that the applicant has successfully completed the required sample inspections.
16.DELEGATE’S MANUAL
16.1The Director has approved for each Minister’s Delegate – Recreational Aviation (MD-RA) a Delegate’s Manual containing policies, procedures and information on the manner in which the activities authorized by the delegation of authority are to be conducted.
16.2Prior to the issuance of delegation of authority, the CASI responsible for the review of the application for MD-RA delegation of authority shall provide each MD-RA with two (2) original copies of the Delegate’s Manual.
16.3The MD-RA shall sign the Statement of Release of both original copies of the Delegate’s Manual, stating that he/she has read and is familiar with the contents of the Delegate’s Manual, MPL 11 “Minister's Delegate - Recreational Aviation”, MPL 13 “Mass Production of Amateur-built Aircraft”, MPL 21 “Minister’s Delegate - Rules of Conduct”, MSI 43 “Minister's Delegate - Recreational Aviation -- Issuance of Delegation of Authority” and MSI 64 “Minister's Delegate - Recreational Aviation (MD-RA) Procedural Guidelines for the Peer Review of Technical Inspection Documents and Forms”, and that he/she will comply with the policies and procedures as they apply to his/her duties and responsibilities.