Accountable Executive

Q4.  Does Subpart 6, Accountable Executive, apply to manufacturers?

In short, Subpart 6 does not apply to manufactures.

A paragraph that would have required manufacturers to name an accountable executive (section 561.04) was published in the Canada Gazette, Part I on November 20, 2004. It was later removed because the provision for appointing an accountable executive was already contained in SMS-related amendments to Part 1 of the Canadian Aviation Regulations (CARs).

Accountable executive regulations (sections 106.01 and 106.02) published in Canada Gazette, Part I on March 5, 2005, would have applied to manufacturers. However, with the publication of Canada Gazette, Part II on June 14, 2005, Subpart 6 no longer applies to manufacturers. The reference to manufactures was removed because the publication of SMS regulations was preceding the publication of 561 regulations, and thus it was impossible to reference a regulation that was not yet in force. Therefore, manufactures do not, at this time, need to submit the name of an accountable executive.

That said, on December 14, 2005, an amendment to CAR 106, introducing the approved manufacturer certificate into CAR 106.01 as paragraph (d), was published with a coming-into-force date of December 1, 2007. Only at that time will Transport Canada be asking approved manufacturers to submit the names of their accountable executive. In addition, CAR 561 was finally published in Canada Gazette, Part II, also on December 14, 2005, and will come into effect on December 1, 2007.

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