| POLICY LETTER |
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| Subjet |
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| Compliance with Company Operations Manuals |
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| File Number |
Date |
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AARX 5200-1
RDIMS - 252371 |
2003-08-27 |
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| Policy Statement |
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| This Policy Letter will set guidelines for determining air operator compliance with Company Operations Manuals (COMs). |
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| Applicability |
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This policy applies to all inspectors conducting audits, inspections or reviews of COMs and inspectors providing guidance to air operators with respect to contents of a COM.
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| Background |
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| There has been some confusion in the Regions with respect to determining what portions of a COM that a company must comply with. Also, it seems unclear which portions of the COM the minister approves. The issue surfaces mainly when a company has provisions in their COM that are in excess of that required by Regulations and or Standards. |
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| Policy |
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The following policies have been developed with respect to determining the requirement for an air operator to comply with its
COM:
- Compliance: air operators must comply with all portions of their COM that relate to
Flight Operations. Flight Operations means any activity that is part of the flight of the aircraft. This would not include items contained in a COM that relate to company directives such as dress, deportment, crew scheduling, or other activities, directives, or company policies not related to flight operations.
- Approved Manuals: Ministerial approval of a COM includes all portions that relate to flight operations. This includes portions that may be more stringent than what is called for by Regulation. Once a manual has been submitted, and approved, an air operator is bound by the provisions of Section 704.09(a) (same provision for sub-parts 702, 703, 705) of the
Canadian Aviation Regulation (CAR) etc. to comply. Any items referred to above would originate with the air operator and Transport Canada (TC) cannot direct air operators to add items that are not required by Regulation or prohibit removal of items that are not required by regulation.
- Possible Actions Against an Air Operator: TC should not take action against an air operator for failure to comply with provisions of an approved COM that do not relate to flight operations. Action can be taken for failure to comply with provisions that relate to flight operations, but are in excess of regulatory requirements. This action would be taken under general condition of the Air Operator Certificate (AOC) that “the air operator shall conduct flight operations in accordance with its “COM”. (Section 704.09(a) of the CAR and same provision for sub-parts 702, 703, 705)
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| Furture Disposition |
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| This policy shall remain in force until further notice. |
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| Reference Number |
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| This Policy Letter is designated AARX No 156. |
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