Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2017-09-27 and last amended on 2017-09-15. Previous Versions

SUBPART 16[Repealed, SOR/2009-280, s. 26]

 [Repealed, SOR/2009-280, s. 26]

 [Repealed, SOR/2009-280, s. 26]

 [Repealed, SOR/2009-280, s. 26]

Subpart 21 — Approval of the Type Design or a Change to the Type Design of an Aeronautical Product

Division I — General

Interpretation

 The following definitions apply in this Subpart.

aeronautical product

aeronautical product means an aircraft, aircraft engine, aircraft propeller or aircraft appliance or part, or a component part of any of those things. (produit aéronautique)

applicant

applicant means an individual or organization responsible for the design of an aeronautical product, or a representative of such an individual or organization, that makes an application for the issuance of or a change to a design approval document in respect of an aeronautical product. (demandeur)

design approval document

design approval document means a type certificate, a supplemental type certificate, a repair design approval, a part design approval or a Canadian Technical Standard Order (CAN-TSO) design approval. (document d’approbation de la conception)

foreign aeronautical product

foreign aeronautical product means an aeronautical product for which the state of design is a state other than Canada. (produit aéronautique étranger)

VLA

VLA or very light aeroplane means an aeroplane that has a single engine with a spark or compression ignition, has no more than two seats and is designed and manufactured to have

  • (a) a maximum certificated take-off weight not exceeding 750 kg; and

  • (b) a stall speed in the landing configuration (Vso) of 45 knots (52 mph) calibrated air speed (CAS), or less. (VLA ouavion très léger)

  • SOR/2009-280, s. 26.

Application

 This Subpart applies to applicants for and holders of the following documents and applicants for a change to one of those documents:

  • (a) a type certificate issued under section 521.57 in respect of an aeronautical product;

  • (b) a Canadian Technical Standard Order (CAN-TSO) design approval issued under section 521.109 in respect of an appliance or a part;

  • (c) a supplemental type certificate issued under section 521.206 in respect of an aeronautical product;

  • (d) a repair design approval issued under section 521.256 in respect of an aeronautical product; and

  • (e) a part design approval issued under section 521.306 in respect of a replacement part for an aeronautical product.

  • SOR/2009-280, s. 26.

Appliances and Parts

 An appliance or a part, other than a standard part, may be approved by the issuance of any one of the following:

  • (a) a Canadian Technical Standard Order (CAN-TSO) design approval;

  • (b) a type certificate, in the case of an appliance or part that is part of an aeronautical product on which it is installed;

  • (c) a supplemental type certificate, in the case of an appliance or part that is part of a change to the type design of an aeronautical product; or

  • (d) a part design approval, in the case of a part that is a replacement part.

  • SOR/2009-280, s. 26.

[521.04 to 521.24 reserved]

Division II — Type Certificates

Application

 This Division applies

  • (a) in respect of the issuance of a type certificate for an aeronautical product; and

  • (b) to applicants for and holders of a type certificate in respect of an aeronautical product.

  • SOR/2009-280, s. 26.

Eligibility Requirements

 An applicant for a type certificate in respect of an aeronautical product shall have, or have access to, the technical capability to conduct the design analyses and tests required to demonstrate the conformity of the aeronautical product with its certification basis.

  • SOR/2009-280, s. 26.

Aircraft Categories

  •  (1) An applicant may, in the case of an aircraft, request a type certificate in respect of the following aircraft categories or any combination of them:

    • (a) normal category;

    • (b) utility category;

    • (c) aerobatic category;

    • (d) commuter category;

    • (e) transport category; or

    • (f) restricted category.

  • (2) An applicant may, in the case of an aircraft for which no standards of airworthiness are listed in subsection 521.31(1), request a type certificate in respect of an aircraft category that is not listed in subsection (1).

  • SOR/2009-280, s. 26.

Application for a Type Certificate

 An applicant for a type certificate in respect of an aeronautical product shall submit to the Minister

  • (a) an application that contains the information specified on the form published by the Minister entitled Type Certificate Application;

  • (b) a description of the aeronautical product that contains, in addition to its principal design features and its specifications,

    • (i) in the case of an aircraft, a three-view drawing, the preliminary data respecting the design and performance, and the proposed operating characteristics and limitations, and

    • (ii) in the case of an aircraft engine or propeller, a general arrangement drawing, and the proposed operating characteristics and limitations;

  • (c) a proposed certification basis; and

  • (d) a certification plan that identifies

    • (i) the means to be used to demonstrate that the aeronautical product conforms to the applicable certification basis,

    • (ii) the documentation that demonstrates the conformity of the aeronautical product with the applicable certification basis,

    • (iii) the resources necessary for carrying out the demonstration of conformity referred to in subparagraph (i), and

    • (iv) the schedule for carrying out the demonstration of conformity referred to in subparagraph (i).

  • SOR/2009-280, s. 26.

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.
 
Date modified: