Aircraft Maintenance and Manufacturing
By Tony Soulis
For simplicity purposes, they may be identified under functional titles as follows: Minister's Delegate - Flight Permit Authorization (MD-FPA); Minister's Delegate - Maintenance (MD-M); Minister's Delegate - Production (MD-P); and Minister's Delegate - Recreational Aviation (MD-RA). Each of these delegations are held by qualified individuals in the private sector who have demonstrated their ability to perform these regulatory functions, and who have extensive experience in their particular field associated with the delegation. As well, some are linked to organizations while others are stand-alone and work as independents. The point to remember here is that all of the delegations are given to individuals — not organizations.
In many instances a Delegate may be engaged in other aviation activities. However, when exercising delegated authority on behalf of the Minister, there are strict rules of conduct that apply. In all instances, these delegates issue aviation documents on behalf of the Minister, and while some of the delegations have been around for some time, others are relatively new. In any case, all have recently undergone a name change to more appropriately reflect their area of responsibility. So this is a good opportunity to get acquainted with the new titles, as well as some of the characteristics associated with their roles. I'm sure that many of you will recognize some of the delegations under their former title.
So where and when is delegate authority used?
First, we should understand that the Minister might consider issuing a delegated authority where the Minister has determined that there is a demonstrable need. That need will in all probability be related to levels of service for the aviation industry with regard to safety. Accordingly, while the Minister retains ultimate authority to delegate, in reality this responsibility is further delegated to regional managers who must have first-hand knowledge regarding levels of service and other information related to their program delivery. Therefore, the decision to delegate and when that delegation is needed may vary from one geographical area to another — dependent upon individual regional requirements. As well, demand may be further influenced by workload variances among the different aviation sectors. Nevertheless, unless otherwise limited by the delegation itself, (and some are very focused or limited in nature) delegations once issued from a regional office are national in scope and authority.
As is the case with all delegations issued by the Minister; scope, privileges, and limitations are referenced in a specific schedule within the external Ministerial Delegation of Authority Document. This document is amended from time to time and as such, it is important that reference is always made to the appropriate and latest document number. In addition, a cover letter and credentials sent to the delegate by the issuing TC official will further identify additional limitations or other particulars related to the issuance. As such, when a successful candidate receives delegated authority, the authorization will make specific reference to that document and its applicable schedule.
Here is a quick recap of the Aircraft Maintenance and Manufacturing delegated authorities that are currently available, and bear in mind that an MD may have one or more of these.
Under CAR 507.02, the MD-M may issue a certificate of airworthiness C of A with respect to an aircraft for which an aircraft type design has been certified pursuant to Subpart 511, and the certification is not restricted or provisional. The MD must ensure that the aircraft conforms to its certified type design and is safe for flight.
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