Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2014-06-12 and last amended on 2014-05-29. Previous Versions

Effective Period of an Application

  •  (1) Unless an applicant demonstrates, at the time of submitting an application for a type certificate in respect of an aeronautical product, that a longer period is required for the design, development and testing of the product, and for that reason the Minister approves a longer period, the application is effective during one of the following periods, beginning on the date of the application:

    • (a) five years, in the case of a transport category aeroplane or a transport category rotorcraft; or

    • (b) three years, in the case of

      • (i) an aircraft other than an aircraft referred to in paragraph (a),

      • (ii) an aircraft engine, or

      • (iii) an aircraft propeller.

  • (2) If a type certificate is not issued within the applicable effective period referred to in subsection (1), the applicant may

    • (a) submit a new application for a type certificate; or

    • (b) apply for an extension of the effective period of the original application.

  • (3) If the effective period of an application for a type certificate is extended under paragraph (2)(b), the standards of airworthiness applicable to the aeronautical product are those in force on the date that precedes, by one of the periods referred to in subsection (1), the date of the issuance of the type certificate.

  • SOR/2009-280, s. 26.

Certification Basis

  •  (1) The Minister shall establish, in respect of an aeronautical product, a certification basis consisting of

    • (a) subject to subsections (2) to (5), the applicable standards of airworthiness referred to in section 521.31 that are in force on the date of application for the type certificate, unless the applicant

      • (i) elects to include in the certification basis later amendments to those standards of airworthiness, in accordance with subsection (5), or

      • (ii) is required to comply with later amendments to the standards of airworthiness in accordance with subsection 521.29(3);

    • (b) the applicable aircraft emissions standards referred to in section 521.32;

    • (c) any special conditions that are necessary to ensure that the type design of an aeronautical product having a novel or unusual design feature provides a level of safety equivalent to that provided by the standards of airworthiness in force on the date of application for the type certificate;

    • (d) any finding of equivalent safety based on any factors or design features that provide for an alternate means of compliance with the standards of airworthiness in force on the date of application for the type certificate; and

    • (e) any exemptions.

  • (2) In the case of an aeronautical product to which no complete standards of airworthiness referred to in section 521.31 apply, the applicable standards of airworthiness are the portions of the standards of airworthiness referred to in section 521.31 that are in force on the date of application for the type certificate.

  • (3) In the case of an aircraft, including its engine and propeller, that is designed in accordance with the requirements of, and accepted for use by, the Department of National Defence, other than an aircraft referred to in paragraph (4)(b), the applicable standards of airworthiness are those referred to in section 521.31

    • (a) that are appropriate to the type of aircraft, the number and type of its engines and propellers, and its MCTOW; and

    • (b) that provide a level of safety equivalent to that provided by the standards of airworthiness in force on the date that the aircraft was accepted for use by that Department.

  • (4) In the case of an aircraft for which a type certificate in the restricted category is requested, the applicable standards of airworthiness are

    • (a) the standards of airworthiness referred to in section 521.31 that are in force on the date of application for the type certificate, except for those that are inappropriate for the use specified on the application for the type certificate; or

    • (b) the design and performance requirements established by the Department of National Defence in respect of the aircraft on the date that the aircraft was accepted for use by that Department.

  • (5) An applicant may elect to include in the certification basis later amendments to the applicable standards of airworthiness referred to in subsections (1) to (4), if the applicant complies with any other amendment that is directly related to those standards.

  • SOR/2009-280, s. 26.