Annex A: Temporary Authority to Operate Requirements in Detail

1. Acceptable Aircraft Design and Continuing Airworthiness

1.1. The aircraft model/type must:

1. have an identified and controlled baseline configuration based on a valid civil aircraft Type Certificate or a known military design;
2. have configuration(s) that are identified, permitted and controlled;
3. have a maintenance program that is based on approved civil airworthiness data (or acceptable data for aircraft flying under a civil Special CofA Limited) that includes up-to-date Instructions for Continued Airworthiness (ICAs);
4. be managed by an organization that meets and performs ICA requirements, and who manages the aircraft design configuration; and
5. have an up-to-date flight manual and Aircraft Operating Instructions (as applicable).

1.2. Design Changes, including modifications, repairs and maintenance program changes, must be certified in accordance with the original Certification Basis (or accepted by the civil regulator, in the case of aircraft flying under a civil Special CofA Limited), by an organization with the civilian design change authority to maintain the flight authority, as required.

1.3. Modifications, upgrades and design changes required for the conduct of activities relating to defence must be approved/accepted in one of the following ways:

1. Changes that are specific to the DND/CAF, but which do not permanently affect the aircraft, will be approved/accepted by the DND/CAF through the issue/revision of a MCA and/or DND/CAF Flight Permit. If the aircraft operator is not Canadian, a SPFP or MCA will apply only when the aircraft is operating inside the Canadian airspace.
2. Changes that are specific to the DND/CAF, and which permanently affect the aircraft, must be embodied through design approvals that are acceptable to TCCA (and/or the national authority for the aircraft (e.g., the FAA)), which may include reference(s) to a DND/CAF Flight Permit and/or MCA.
3. In the case of Government Furnished Equipment (GFE) provided by the DND/CAF, a DND/CAF Flight Permit or MCA is essential.

1.4. If an aircraft is in a configuration that is not acceptable to TCCA (or the national authority for the aircraft), such as having a DND/CAF temporary installation or reconfiguration, and the aircraft has to conduct a flight under civil authority, the aircraft must not undertake that flight under civil authority until it is in a configuration approved or accepted by TCCA (and/or the national authority for the aircraft).

2. Flight Authority

2.1. Each aircraft operated under a TAO must have the following:

1. a valid military or civil flight authority that meets the requirements of CAR 507.01 to 507.13 or equivalent; and
2. a configuration that meets the baseline configuration with any supplemental configuration requirements, in accordance with section 1 of this annex.

3. Air Operator Certificate (AOC) or Other Operating Approval

3.1. It is expected that the AOC or foreign operating authority will apply to the same or similar type(s) of operations as those performed under the TAO (e.g., parachuting), unless no civil operating category exists for a particular type of activity. It is the responsibility of the Applicant to verify that the type of AOC, or other operating authority required to meet the requirements of the TAO, is acceptable to the TAA and OAA.

3.2. An approval under U.S. Code of Federal Regulations Title 14 (14 CFR) Part 91 may be an acceptable authority in accordance paragraph 4.2.1(c) of the advisory; however, the standards within this TAA advisory remain applicable.

3.3. Applicants using foreign military approvals should contact DTAES 3-2 staff for guidance on the acceptability of these approvals.

4. Acceptable Maintenance Control System

4.1. In order to meet the technical airworthiness requirements of the TAO, the aircraft operator must control maintenance for the aircraft operating under the TAO in accordance with the requirements of CAR 604.126 to 604.132, 605.84 to 605.97, and 706.01, Subpart 6 (or foreign equivalent regulatory requirements).

4.2. Some requirements in CAR 604 are specific Canadian standards where foreign airworthiness programs may have equivalents, or where Canadian terms may be replaced with foreign government terms. In the case of foreign aircraft operators, foreign standards that meet the intent of the above CAR 604 requirements may be used by the aircraft operator, if they have been deemed equivalent by the DND/CAF. For example, on request from the contractor, the DND/CAF may accept foreign Aircraft Maintenance Engineers (AME), provided they meet a training/experience standard that is equivalent to that expected within CAR 604.

4.3. Aircraft operators who are using foreign military operator approvals or maintenance control systems must contact DTAES 4‑5 staff for guidance on the acceptability of their system.

4.4. Aircraft that operate under 14 CFR Part 91, and which are maintained in accordance with 14 CFR Part 43, may be acceptable, provided that no DND/CAF personnel and/or equipment are carried on board during the performance of activities relating to defence for the DND/CAF. However, if DND/CAF personnel and/or equipment are to be carried on board during the activities relating to defence, then the aircraft must be maintained in accordance with a maintenance schedule approved/recommended by the Original Equipment Manufacturer, or the national authority for the aircraft.

4.5. Each aircraft operated under a TAO must have a documented technical record that is up-to-date and includes, at least, the following:

1. aircraft identification;
2. total time in service;
3. current status of all life‑limited parts;
4. time since overhaul of all items installed which have a specified overhaul period;
5. inspection status;
6. status of all Airworthiness Directives;
7. status of all modifications;
8. history of maintenance performed;
9. history of all technical dispatches; and
10. weight and balance.

5. Performance of Maintenance

5.1. The following provides amplification of the performance of maintenance:

1. All maintenance activities, whether conducted by the aircraft operator or by a subcontractor, must be performed by a maintenance organization that has a maintenance endorsement for the aircraft type/model, which has been granted by the aircraft operator’s civil or military regulator.
2. All maintenance must be performed by authorized individuals (within an Approved Maintenance Organization (AMO) when applicable) or a foreign military equivalent.

6. Acceptable Operator System

6.1. In order to achieve the award of a TAO, the contractor must meet all of the following operating requirements:

1. The aircraft operator must have an Operations Manual that meets the requirements of CAR 604.197 and 604.198, or equivalent.
2. Pilot Qualifications. All pilots operating under the TAO must meet the following requirements, or their equivalent:
   1. CAR 604.143 (Flight Crew) – Each member of the flight crew must meet the requirements of CAR 604.143. Pilot licences issued by foreign Airworthiness Regulators that are acceptable to TCCA (or foreign Air Forces that are deemed equivalent by the OAA) may be acceptable to the DND/CAF if the DND/CAF is satisfied that they meet (or are equivalent to) the requirement of CAR 604.143(1)a.
   2. When required to operate under Instrument Flight Rules (IFR), pilots must hold appropriate and valid ratings.
   3. CAR 604.144 (Instruction Qualifications and Training) – The aircraft operator’s flight and simulation instructors must meet the requirements of CAR 604.144.
3. Aircrew (non-pilot) Qualifications. For aircrew performing tasks that could have an effect on technical or operational airworthiness (including ALSE), the aircraft operator must have a documented training and qualification system that is sufficient to ensure the competencies required of these individuals to maintain an acceptable level of safety.
4. Flight Planning and Operations. The aircraft operator must have standardized processes for all flight planning and mission control procedures, such as briefings, flight following, checklists, publications management, advisory circulars, NOTAMS, Minimum Equipment Lists, personnel manifests and weight and balance reports, etc.
5. Passenger and Cargo. While operating under a TAO, the aircraft operator must meet the appropriate TCCA cargo storage/carriage and passenger requirements, as applicable, to ensure the safety of passengers and the safe storage/carriage of cargo.
6. Aviation Life Support Equipment (ALSE). The aircraft must be equipped with at least as much ALSE, emergency beacons, fire extinguishers and survival gear that would be required by TCCA for the conduct of a similar mission under civil regulations.
7. Unique DND Operational Requirements. While operating under a TAO, the aircraft operator must comply with the National Defence Flying Orders (advisory reference 3.2.g). All DND/CAF documentation required by the aircraft operator for the conduct of the activity relating to defence will be provided to the aircraft operator once the TAO is completed.

7. Flight Safety Program (or Safety Management System)

7.1. The aircraft operator must document how reportable military-civilian occurrences will be staffed, and prepare for accident investigation as detailed in AIA-Checklist (mentioned in advisory section 4.3).

8. Maintaining a TAO Flight Authority

8.1. The TAA, OAA and/or the AIA, as required, will conduct periodic audits of the aircraft operator (using the checklists mentioned in advisory section 4.3) in order to confirm continued compliance with this TAA-OAA-AIA Advisory. The audit frequency will depend on the level of oversight provided by other (military or civil) regulators, the aircraft operator’s performance under previous audits, and the frequency of activities relating to defence, for the DND/CAF, performed under the TAO. If observations of non-compliance are raised, the TAA/OAA/AIA will provide all audit findings to the aircraft operator, to provide an opportunity for the aircraft operator to implement appropriate corrective actions. Any unresolved non-compliance with any requirement stipulated within this advisory may result in the suspension or revocation of the TAO, if the DND/CAF considers that that specific non‑compliance results in a risk that is unacceptable to the DND/CAF.

8.2. Copies of the TAA, OAA and AIA Audit Checklists are available internally, within DND, in the AEPM RDIMS library, and may also be provided by DTAES 3-2 staff, on demand, by sending an email to: TAORegulatorySupport-SupportReglementaireATE@forces.gc.ca

1. TAA Checklist: AEPM RDIMS #1542757;
2. TAA Checklist for Private Operators: AEPM RDIMS #1720010;
3. OAA Checklist: AEPM RDIMS #1903970; and
4. AIA Checklist: AEPM RDIMS #1904020;