2011-04

Temporary Authority to Operate

Effective Date: June 2011

Reference: TAM Part 5, Chapter 7

                 OAM, Chapter 3, Article 311

OPI / Telephone: DTAES 3-2 / 819-939-4835

1.         Purpose

1.1.          This TAA Advisory provides guidance on the compilation of a Temporary Authority to Operate (TAO) to be issued by the Department of National Defence (DND) to a civil air operator in order to conduct military missions for the DND/CAF.  Background information on the regulation of civil aircraft that conduct military missions for the DND/CAF is also provided.

2.         Applicability

2.1.          This TAA advisory applies to TAA staff only.

3.         Related Material

3.1.           Definitions:

Temporary Authority to Operate (TAO).  A special type of flight authority issued jointly by the Technical Airworthiness Authority (TAA) and the Operational Airworthiness Authority (OAA) to allow an aircraft that is on a civil register (and owned and operated by a civilian person or organization) to perform a military task, where the aircraft is under the control and direction of the DND/CAF.

3.2.           Regulatory References

  1. C-05-005-001/AG-001 – Technical Airworthiness Manual (TAM), Part 5, Chapter 7.
  2. B-GA-104-000/FP-001 – Operational Airworthiness Manual (OAM), Chapter 3, Article 311.

4.         Discussion

4.1          A background brief on the regulation of civilian air operators that conduct military missions for the DND/CAF is available internally to DND at RDIMS nr. AEPM 631538, the key element of which is that civil aircraft that conduct military missions for the DND/CAF are considered to be military aircraft for the purposes of the Aeronautics Act.  Since civil aircraft are normally regulated by Transport Canada Civil Aviation (TCCA), the DND and TCCA have signed a Memorandum of Understanding (MOU), which details the division of responsibility for the joint regulation of these aircraft (a signed copy of the MOU is available internally to the DND at RDIMS nr. AEPM 412957).

4.2          In accordance with this MOU, the DND authorizes a civil operator to conduct military missions via a TAO, which is produced by the TAA (DTAES 3 staff), in conjunction the OAA staff.  The content of most TAOs will be similar and fairly standard but care must be taken to address peculiarities.  For example, a civil company may not have an Air Operator Certificate (AOC); the AOC may not be appropriate or there may be more than one AOC (e.g., issued by both TCCA and the FAA); an aircraft may be approved for cargo only and not for passengers (e.g., Kamov 32); the required aircraft may not have a civil Type Certificate (e.g., ex‑military) or the Type Certificate may not have been validated in Canada (e.g., CASA 212).  Additionally, it is important to consult with DTAES 4-2 staff to ensure that any DND‑unique aspects of the maintenance program have been considered and that appropriate direction is included in the TAO, if necessary.