Legal Powers

LEGAL POWERS

A Minister's Delegate-Recreational Aviation (MD-RA) is a person delegated by the Minister of Transport in accordance with the Aeronautics Act 4.3 (1) to perform a function on the Minister's behalf. An MD-RA is authorized to inspect an amateur-built aircraft on behalf of the Minister and to issue the initial Special Certificate of Airworthiness - Amateur-built. MD-RAs have the knowledge, experience and training required to issue the Special Certificate of Airworthiness - Amateur-built, if and when the CAR 507.03 conditions of issue have been met. Each Minister's Delegate - Recreational Aviation is empowered (i.e: delegated) under 4.3(1) of the Aeronautics Act to accept or refuse the design decisions made by an amateur builder. As a courtesy to the amateur builder, the delegate may provide advice regarding acceptable design decisions, consistent with design and construction guidance documents provided by MD-RA Inspection Services. MD-RAs are supported by the company MD-RA Inspection Services. Aside from purely business administrative documents, documents used by MD-RA Inspection Services go through TCCA review and approval as meeting TCCA requirements.

MANDATE

The regulation stating the conditions of issue of a Special Certificate of Airworthiness is Part V, section 507.03 of the Canadian Aviation Regulations (CAR), titled [link] Special Certificate of Airworthiness. The rule states that the Minister (i.e: Transport Canada Civil Aviation (TCCA) or an external delegate of the Minister) shall issue a special certificate of airworthiness in respect of an aircraft that: (a) meets the criteria for one of the classifications of a special certificate of airworthiness specified in Chapter 507 of the Airworthiness Manual; (b) conforms to the applicable type design or, in the case of an amateur-built aircraft, is designed and constructed in a way that ensures its airworthiness, in conformity with the requirements of Chapter 549 of the Airworthiness Manual; and (c) is safe for flight. Please note carefully that paragraph 507.03(c) "is safe for flight" is a condition of issue for a Special Certificate of Airworthiness - Amateur-built. Note also, that paragraph 507.03(b) includes the phrase "is designed and constructed in a way that ensures its airworthiness". Since the definition of Airworthy in section 101.01 of the CARs includes the phrase "means in a fit and safe state for flight" we must conclude that the Minister must be confident that an aircraft is safe in all its attributes before issuing a Special Certificate of Airworthiness - Amateur-built, and that TCCA or a delegate of the Minister must not issue a Special Certificate of Airworthiness - Amateur-built to an aircraft that exhibits unsafe features.

FREQUENTLY ASKED QUESTIONS

Question: Who bears responsibility for the design and construction of an amateur-built aircraft?

The amateur builder bears responsibility for the design and construction of the amateur-built aircraft, but a Special Certificate of Airworthiness - Amateur-built will not be issued to an aircraft that has features that do not provide reasonable confidence of safe operation, or which are apparently and obviously unsafe. It is not necessary for every aspect of the design and construction of an aircraft to be specifically addressed in the CARs.

Question: What roll does MD-RA Inspection Service provide a Ministers Delegate - Recreational Aviation (MD-RA) and are MD-RA forms, procedures and guidance material subject to approval.

TCCA response: MD-RAs are supported by the company MD-RA Inspection Services. Aside from purely business administrative documents, documents used by MD-RA Inspection Services go through TCCA review and approval as meeting TCCA requirements.

Question: Is MD-RA empowered to make design decisions for amateur built aircraft and if so under what authority?

TCCA response: Each Minister's Delegate - Recreational Aviation is empowered (i.e: delegated) under 4.3(1) of the Aeronautics Act to accept or refuse the design decisions made by an amateur builder. As a courtesy to the amateur builder, the delegate may provide advice regarding acceptable design decisions, consistent with design and construction guidance documents provided by MD-RA Inspection Services.

Question: If builders believe that these design decisions are unsafe or unnecessary, what is the builder recourse?

TCCA response: It is not un-common for an amateur-builder and the MD-RA delegate assigned to a project to have a disagreement. If the two cannot find common ground, the MD-RA delegate will follow their accustomed process to engage the MD-RA Inspection Services Regional Representative, who may consult with the technical expertise available in MD-RA Inspection Services to resolve the issue. In the rare event that an issue cannot be resolved, TCCA will be consulted by MD-RA Inspection Services in order to resolve the issue.

Question: Is the installation of a Gascolator mandatory in an Amateur-Built Aircraft?

TCCA stands by the statement at the top of MD-RA Services form C52: "An abundant supply of clean fuel is fundamental to engine operation, and safety of flight." and refers you to the discussion of Gascolator in that document. (see www.md-ra.com, "Articles of Interest" section, MD-RA guidance material C52E.)