Part V — Airworthiness

Subpart 73 — Approved Maintenance Organizations

Division I — General

Application for Approval

(1)

An applicant for an approved maintenance organization (AMO) certificate or for an amendment of an AMO certificate that is in effect shall make an application in the form and manner specified in Standard 573 —Approved Maintenance Organizations.

(2)

An applicant referred to in subsection (1) shall submit to the Minister with the application a copy of its maintenance policy manual (MPM) required pursuant to subsection 573.10(1).

SOR/2005-173, s. 28

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Entitlement to and Scope of Certificate

573.02 history

(1)

The Minister shall issue to a maintenance organization that demonstrates that it meets the requirements of this Subpart an approved maintenance organization (AMO) certificate authorizing the maintenance of specified aeronautical products or the provision of specified maintenance services.

(2)

The AMO certificate shall specify, in accordance with the criteria specified in section 573.02 of Standard 573 — Approved Maintenance Organizations, any category in which ratings have been issued and shall list the aeronautical products that the AMO is authorized to maintain or the maintenance services that the AMO is authorized to perform.

(3)

The scope of the work that may be performed under each rating specified on the AMO certificate is determined by limitations that are set out in the certificate.

(4)

Unless an expiry date is specified in an AMO certificate issued pursuant to subsection (1), the certificate remains in effect until it is surrendered, suspended or cancelled.

SOR/2005-173, s. 15

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Duties of Certificate Holder

573.03 history

(1)

The holder of an approved maintenance organization (AMO) certificate shall

(a)

appoint a person responsible for maintenance;

(b)

ensure that the person responsible for maintenance meets the requirement set out in subsection 573.04(1);

(c)

subject to subsection (4), ensure that the person responsible for maintenance

(i)

has achieved a grade of 70% or more in an open-book examination that demonstrates knowledge of the provisions of the Canadian Aviation Regulations, and

(ii)

meets the experience requirement set out in subsection 573.04(1) of Standard 573 — Approved Maintenance Organizations;

(d)

[Repealed, SOR/2022-246, s. 13]

(e)

ensure that the person responsible for maintenance performs the duties referred to in subsections 573.04(3) and 573.09(2) and (3);

(f)

provide the person responsible for maintenance with the financial and human resources necessary to ensure that the holder of the AMO certificate meets the requirements of these Regulations;

(g)

ensure that corrective actions are taken in respect of any findings resulting from a quality assurance program established under subsection 573.09(1) or a safety management system referred to in section 573.30; and

(h)

conduct reviews of the safety management system to determine its effectiveness.

(2)

[Repealed, SOR/2022-246, s. 13]

(3)

[Repealed, SOR/2022-246, s. 13]

(4)

The knowledge requirement set out in subparagraph (1)(c)(i) does not apply in respect of

(a)

a person responsible for maintenance who held that position on January 1, 1997; or

(b)

the holder of an aircraft maintenance engineer (AME) licence.

(5)

The experience requirement set out in subsection 573.04(1) of Standard 573 — Approved Maintenance Organizations does not apply in the case of an AMO certificate in respect of which no rating in the aircraft, avionics, instrument, engine or propeller category has been issued if the accountable executive can demonstrate to the Minister by means of a risk assessment that the lesser experience is appropriate to the scope of work performed by the AMO and will not affect aviation safety or the safety of the public.

(6)

The holder of an AMO certificate shall ensure that no person is appointed to be responsible for maintenance or remains responsible for maintenance 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 571.10 and 571.11 not arising from a single occurrence.

(7)

The holder of a certificate referred to in subsection (1) shall ensure that the person managing the safety management system who is referred to in section 573.32 performs the duties set out in that section.

SOR/2005-173, s. 16; SOR/2005-357, s. 5; SOR/2019-295, s. 11; SOR/2022-246, s. 13

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Person Responsible for Maintenance

573.04 history

(1)

The person responsible for maintenance shall, within 30 days after their appointment under paragraph 573.03(1)(a), submit to the Minister a signed statement that they accept the responsibilities of their position.

(2)

[Repealed, SOR/2019-295, s. 12]

(3)

The person responsible for maintenance shall, where a finding resulting from a quality assurance program established under subsection 573.09(1) or a safety management system referred to in section 573.30 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 (4) or (5), 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.

(4)

The person responsible for maintenance may assign the management functions for the entire quality assurance program established under subsection 573.09(1) or for the safety management system referred to in 573.30 to another person if

(a)

that person meets the requirements set out in paragraph 573.03(1)(c) and subsection 573.03(6); and

(b)

the assignment and its scope are described in the AMO’s MPM.

(5)

The person responsible for maintenance may assign the management functions for specific maintenance activities to another person if the assignment and its scope are described in the AMO’s MPM.

(6)

The responsibility of the person responsible for maintenance is not affected by the assignment to another person of management functions under subsection (4) or (5).

SOR/2005-173, s. 16; SOR/2019-295, s. 12; SOR/2022-246, s. 14

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Authorization to Sign a Maintenance Release

573.05 history

(1)

No approved maintenance organization (AMO) certificate holder shall authorize a person to sign a maintenance release unless the person meets the applicable requirements of section 571.11 and has successfully completed the training required by section 573.06.

(2)

No AMO certificate holder shall authorize a person to sign a maintenance release under paragraph 571.11(2)(c) unless the person has, in respect of the work being certified, demonstrated to the certificate holder levels of knowledge and experience that are appropriate and that meet the applicable criteria set out in section 573.05 of Standard 573 — Approved Maintenance Organizations.

SOR/2005-173, s. 17

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Training Program

573.06 history

(1)

An approved maintenance organization (AMO) certificate holder shall implement a training program to ensure that persons authorized to perform or supervise the performance of any function under this Subpart are trained in respect of the regulations, the standards and the AMO procedures applicable to that function.

(2)

The program required by subsection (1) shall include initial training, updating and any other training necessary, within the meaning assigned to those terms in section 573.06 of Standard 573 — Approved Maintenance Organizations, to ensure continued qualification that is appropriate to the function to be performed or supervised.

SOR/2005-173, s. 18

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Personnel Records

573.07 history

(1)

An approved maintenance organization (AMO) certificate holder shall establish, maintain and retain for at least two years after an entry is made, for each affected person, a record of

(a)

all personal qualifications in respect of appointments made pursuant to section 573.03 and in respect of assignments of functions made pursuant to section 573.04;

(b)

all of the authorizations to sign a maintenance release pursuant to section 573.05; and

(c)

all of the training conducted pursuant to section 573.06.

(2)

An AMO certificate holder shall provide a copy of a record required by this section to the person to whom the record refers on the completion of each training activity or the granting of an authorization referred to in paragraph (1)(b).

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Facilities, Equipment, Standards and Procedures

573.08 history

(1)

An approved maintenance organization (AMO) certificate holder shall provide the facilities and equipment specified in Standard 573 —Approved Maintenance Organizations that are necessary for the work to be performed.

(2)

Except in cases provided for in a maintenance policy manual (MPM), work performed by an AMO certificate holder shall be performed in the facilities required by subsection (1), unless unforeseen circumstances do not permit the work to be performed in those facilities and the safety of the aircraft is not affected by the fact that the work is performed elsewhere.

(3)

Where an AMO uses standards equivalent to those of the manufacturer of an aeronautical product for the performance of work pursuant to paragraph 571.02(1)(b), those standards shall be identified in accordance with section 573.10.

(4)

Where a task undertaken by an AMO is divided into sub-tasks, the person appointed pursuant to section 573.03 shall establish a system of task control to ensure that all of the sub-tasks are completed prior to the signing of a maintenance release in respect of the completion of that task.

SOR/2005-173, s. 28

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Quality Assurance Program

573.09 history

(1)

The holder of an approved maintenance organization (AMO) certificate shall establish and maintain a quality assurance program consisting of provisions for sampling maintenance processes to evaluate the AMO’s ability to perform its maintenance in a safe manner.

(2)

The person responsible for maintenance 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 policy manual (MPM).

(3)

The person responsible for maintenance shall establish an audit system in respect of the quality assurance program that consists of the following:

(a)

an initial audit within 12 months after the date on which the AMO certificate is issued;

(b)

subsequent audits conducted at intervals set out in the MPM;

(c)

checklists of all activities controlled by the MPM;

(d)

a record of each occurrence of compliance or non-compliance with the MPM found during an audit referred to in paragraph (a) or (b);

(e)

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 573.04(4) or (5), to that person;

(f)

follow-up procedures for ensuring that corrective actions are effective; and

(g)

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

(4)

The records required under paragraph (3)(g) shall be retained for the greater of

(a)

two audit cycles; and

(b)

two years.

(5)

The duties related to the quality assurance program that involve specific tasks or activities within an AMO’s activities shall be fulfilled by persons who are not responsible for carrying out those tasks or activities.

SOR/2005-173, s. 19

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Maintenance Policy Manual

573.10 history

(1)

An approved maintenance organization (AMO) certificate holder shall establish, maintain and authorize the use of a maintenance policy manual (MPM) that contains information to ensure the efficiency of the AMO’s maintenance policies, dealing with the subjects set out in Standard 573 —Approved Maintenance Organizations.

(2)

The Minister may authorize the incorporation by reference in an MPM of detailed procedures manuals and lists prepared by the AMO certificate holder, dealing with the subjects set out in Standard 573 —Approved Maintenance Organizations, where

(a)

the policy affecting those detailed procedures and the composition of the lists is set out in the MPM;

(b)

each incorporation is clearly indicated in the MPM; and

(c)

the AMO certificate holder ensures that the incorporated procedures manuals and lists meet the requirements of this section.

(3)

Where detailed procedures manuals or lists are being incorporated by reference in an MPM, the person appointed pursuant to section 573.03 or another person to whom that management function is assigned pursuant to section 573.04 shall certify in writing that the incorporated documents and every amendment thereto meet the requirements of the policy established in the MPM with respect to those documents.

(4)

An AMO certificate holder need not conform to the policy and procedures contained in its MPM, where the Minister has authorized the non-conformity in writing, after it has been demonstrated that such non-conformity would not affect the safety of the aeronautical product to be maintained or the maintenance service to be offered.

(5)

An AMO certificate holder shall submit each page of its MPM to the Minister for approval, either individually or in accordance with a procedure that ensures compliance with the requirements of Standard 573 —Approved Maintenance Organizations.

(6)

An AMO certificate holder shall amend its MPM when instructed to do so by the Minister, where the MPM does not

(a)

meet the requirements of this Subpart; or

(b)

contain policies or procedures that are sufficiently detailed to demonstrate that the AMO’s quality assurance program meets the requirements of these Regulations.

(7)

An AMO certificate holder shall take steps to ensure that a current copy of its MPM, or the portions thereof that are relevant to the task to be performed, is made available to each person who performs or certifies that task.

(8)

An AMO certificate holder shall amend each copy of its MPM within 30 days after receiving an approval issued pursuant to subsection (5).

(9)

The Minister shall, if the standards set out in Standard 573 —Approved Maintenance Organizations are met, approve an MPM and any amendments to that manual.

SOR/2000-404, s. 12; SOR/2005-173, s. 28

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Maintenance Arrangements

573.11 history

(1)

Except as provided in subsection (2), no approved maintenance organization (AMO) certificate holder shall permit an external agent to perform maintenance on its behalf unless

(a)

the external agent holds an AMO certificate with a rating of a category specified pursuant to section 573.02 that is appropriate to the type of work to be performed or the aeronautical product to be maintained;

(b)

where the work is to be performed outside Canada, the external agent has been authorized to do the type of work to be performed or to perform maintenance on the type of aeronautical product to be maintained under the laws of a state that is party to an agreement with Canada and the agreement provides for the recognition of maintenance functions; or

(c)

in all other cases, the performance of the maintenance by the person or organization has been approved by the Minister as being in conformity with these Regulations.

(2)

Subject to subsection (4), an AMO certificate holder may permit work to be performed by an external agent other than an agent described in subsection (1) where the work is performed in accordance with an arrangement that provides for it, under the direct supervision of the person appointed pursuant to section 573.03 or 573.04 and certified by persons authorized to do so in accordance with the approved procedures set out in the AMO’s maintenance policy manual (MPM).

(3)

Arrangements respecting work to be performed by external agents pursuant to subsection (2) shall be made in accordance with procedures governing maintenance arrangements set out in the MPM or, if no such procedures are set out in the MPM, shall be approved by the Minister as ensuring conformity with the requirements of this Subpart.

(4)

An AMO certificate holder that requests an external agent to perform work shall

(a)

where the work is to be performed pursuant to subsection (1) or (2), be responsible for specifying the tasks to be performed by the agent and ensuring completion of the work; and

(b)

where the work is to be performed pursuant to subsection (2), be responsible for ensuring the conformity of that work with the requirements of Subpart 71.

(5)

A maintenance arrangement that is made by a foreign air operator to have its maintenance done in Canada by a person or organization that holds an AMO certificate issued pursuant to section 573.02 shall be authorized by a maintenance specification issued to the AMO in accordance with the requirements of Standard 573 — Approved Maintenance Organizations, where the air operator is from a state that

(a)

is party to an agreement with Canada that provides for recognition of the work performed and the issuance of a maintenance specification is specified in the agreement; or

(b)

is not party to an agreement with Canada that provides for recognition of the work performed and the issuance of a maintenance specification is requested by that state.

SOR/2005-173, s.28

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Service Difficulty Reporting

573.12 history

The holder of an approved maintenance organization (AMO) certificate shall report to the Minister, in accordance with Division IX of Subpart 21 of Part V, any reportable service difficulty related to an aeronautical product being maintained.

SOR/2009-280, s. 32

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Foreign Approvals

573.13 history

An application submitted by a maintenance organization for the issuance or amendment of an approved maintenance organization (AMO) certificate authorizing the performance of work in facilities located outside Canada is granted if

(a)

the applicant has demonstrated that the issuance of the approval in respect of those facilities is in the public interest as provided for in subsection 6.71(1) of the Act;

(b)

the applicant has recognized by advance agreement the Minister’s right to enter and inspect those facilities and seize anything found in those facilities, under the same conditions as would govern the exercise of the Minister’s powers pursuant to subsection 8.7(1) of the Act if the facilities were located in Canada;

(c)

the AMO has agreed to reimburse the Minister for any expenses incurred by Department of Transport personnel in carrying out the activities provided for in paragraph (b) in respect of those facilities; and

(d)

in the case of an AMO whose facilities are located outside Canada, the Minister specifies on the AMO certificate the date on which the certificate expires.

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Identification of an AMO

573.14 history

(1)

No person, other than the holder of an approved maintenance organization (AMO) certificate issued in accordance with this Subpart, shall identify oneself as an AMO certificate holder.

(2)

A person who holds an AMO certificate issued in accordance with this Subpart shall not include, in a list of approved maintenance services offered for aeronautical products, a service that is outside the scope of the person’s AMO certificate.

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Technical Records

573.15 history

An approved maintenance organization (AMO) certificate holder shall maintain records in accordance with section 573.15 of Standard 573 — Approved Maintenance Organizations for work performed on all aeronautical products maintained and keep those records for at least two years beginning on the date that the maintenance release was signed.

SOR/2003-122, s. 4

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Division II — Safety Management System

Requirements

573.30 history

The safety management system required under section 107.02 in respect of an applicant for, or a holder of, an approved maintenance organization (AMO) certificate authorizing the holder to perform maintenance on an aircraft operated under Subpart 5 of Part VII shall

(a)

meet the requirements of Subpart 7 of Part I and section 573.31; and

(b)

be under the control of the person responsible for maintenance appointed under paragraph 573.03(1)(a).

SOR/2005-173, s. 20

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Components of the Safety Management System

573.31 history

(1)

The safety management system shall include, among others, the following components:

(a)

a safety management plan that includes

(i)

a safety policy that the accountable executive has approved and communicated to all employees,

(ii)

the roles and responsibilities of personnel assigned duties under the quality assurance program established under subsection 573.09(1) or the safety management system,

(iii)

performance goals and a means of measuring attainment of those goals,

(iv)

a policy for the internal reporting of a hazard, an incident or an accident, including the conditions under which immunity from disciplinary action will be granted, and

(v)

a review of the safety management system to determine its effectiveness;

(b)

procedures for reporting a hazard, an incident or an accident to the appropriate manager;

(c)

procedures for the collection of data relating to hazards, incidents and accidents;

(d)

procedures for analysing data obtained under paragraph (c) and during an audit conducted under subsection 573.09(3) and for taking corrective actions;

(e)

an audit system referred to in subsection 573.09(3);

(f)

training requirements for the person responsible for maintenance and for personnel assigned duties under the safety management system; and

(g)

procedures for making progress reports to the accountable executive at intervals determined by the accountable executive and other reports as needed in urgent cases.

(2)

The components specified in subsection (1) shall be set out in the approved maintenance organization (AMO) certificate holder’s maintenance policy manual (MPM).

SOR/2005-173, s. 20

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Person Managing the Safety Management System

573.32 history

The person managing the safety management system in respect of an approved maintenance organization (AMO) shall

(a)

establish and maintain a reporting system to ensure the timely collection of information related to hazards, incidents and accidents that may adversely affect safety;

(b)

identify hazards and carry out risk management analyses of those hazards;

(c)

investigate, analyze and identify the cause or probable cause of all hazards, incidents and accidents identified under the safety management system;

(d)

establish and maintain a safety data system, by either electronic or other means, to monitor and analyze trends in hazards, incidents and accidents;

(e)

monitor and evaluate the results of corrective actions with respect to hazards, incidents and accidents;

(f)

monitor the concerns of the civil aviation industry in respect of safety and their perceived effect on the AMO;

(g)

determine the adequacy of the training required by paragraph 573.31(1)(f); and

(h)

where the person responsible for maintenance has assigned the management functions for the safety management system under subsection 573.04(4) to another person, report to the person responsible for maintenance the hazards, incidents and accidents identified under the safety management system required under section 573.30 or as a result of an audit required under paragraph 573.31(1)(e).

SOR/2005-173, s. 20

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