Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2017-10-13 and last amended on 2017-09-15. Previous Versions

Function and Reliability Test Flights

  •  (1) Subject to subsection (3), an applicant for a type certificate in respect of an aircraft shall conduct one or more function and reliability test flights in order to demonstrate to the Minister that the aircraft, its components and its equipment are reliable and function properly.

  • (2) A function and reliability test flight shall consist of

    • (a) in the case of an aircraft that uses a turbine engine of a type not previously used in an aircraft for which a type certificate has been issued, at least 300 hours of operation of the aircraft with a full complement of engines that conform to a type certificate or to an equivalent certificate issued by the airworthiness authority of a foreign state with which Canada has an airworthiness agreement or similar arrangement; or

    • (b) in the case of every other aircraft, at least 150 hours of operation of the aircraft.

  • (3) Subsection (1) does not apply in respect of

    • (a) the following aircraft:

      • (i) aeroplanes having a MCTOW of 2 720 kg (6,000 pounds) or less,

      • (ii) gliders,

      • (iii) airships having a seating configuration, excluding pilot seats, of nine or less,

      • (iv) manned free balloons, or

      • (v) restricted category aircraft; or

    • (b) a change to a type design, unless otherwise determined by the Minister taking into consideration the certification plan submitted under paragraph 521.28(d).

  • SOR/2009-280, s. 26.

[521.48 to 521.56 reserved]

Issuance of a Type Certificate

  •  (1) Subject to section 6.71 of the Act, the Minister shall issue a type certificate in respect of an aeronautical product if the applicant

    • (a) submits the declaration required under paragraph 521.33(b);

    • (b) submits a signed undertaking to carry out the responsibilities specified in Division VIII; and

    • (c) meets the requirements set out in subsection (2) or (3) in respect of the category of the aeronautical product.

  • (2) An applicant for a type certificate in respect of an aeronautical product other than a restricted category aircraft shall demonstrate to the Minister that

    • (a) the type design of the aeronautical product conforms to its certification basis;

    • (b) in the case of an aircraft, no feature or characteristic makes the aircraft unsafe, taking into account the category in which certification is requested;

    • (c) subject to paragraph (d), any test flights required under paragraph 521.44(c) and section 521.47 have been conducted; and

    • (d) if the function and reliability test flights required under section 521.47 have not been completed, a program exists to ensure their completion before the later of the delivery of the first aircraft and the issuance of the certificate of airworthiness.

  • (3) An applicant for a type certificate in respect of a restricted category aircraft shall demonstrate to the Minister that

    • (a) no feature or characteristic makes the aircraft unsafe when that aircraft is operated within the limitations specified for its intended use; and

    • (b) the aircraft

      • (i) has a type design that conforms to its certification basis, or

      • (ii) is of a type manufactured in accordance with the requirements of, and accepted for use by, the Department of National Defence and has been modified for its intended use.

  • SOR/2009-280, s. 26.

Change to the Type Design Approved in a Type Certificate

 The holder of a type certificate in respect of an aeronautical product who proposes to make a change to the type design approved in the type certificate shall meet the requirements set out in section 521.152.

  • SOR/2009-280, s. 26.

[521.59 to 521.100 reserved]

Division III — Canadian Technical Standard Order (CAN-TSO) Design Approvals

Application

 This Division applies

  • (a) in respect of the issuance of a Canadian Technical Standard Order (CAN-TSO) design approval for an appliance or a part; and

  • (b) to applicants for and holders of a Canadian Technical Standard Order (CAN-TSO) design approval in respect of an appliance or a part.

  • SOR/2009-280, s. 26.

Eligibility Requirements

 An applicant for a Canadian Technical Standard Order (CAN-TSO) design approval in respect of an appliance or a part shall have, or have access to, the technical capability to conduct the design analyses and tests required to demonstrate the conformity of the appliance or part with its certification basis.

  • SOR/2009-280, s. 26.

Application for a Canadian Technical Standard Order (CAN-TSO) Design Approval

 An applicant for a Canadian Technical Standard Order (CAN-TSO) design approval in respect of an appliance or a part shall submit to the Minister

  • (a) an application that contains the information specified on the form published by the Minister entitled Canadian Technical Standard Order (CAN-TSO) Design Approval Application;

  • (b) a description of the appliance or part that contains its principal design features and its specifications;

  • (c) a proposed certification basis;

  • (d) a certification plan that identifies

    • (i) the means to be used to demonstrate that the appliance or part conforms to the applicable certification basis,

    • (ii) the documentation that demonstrates the conformity of the appliance or part 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);

  • (e) a draft of the declaration of design and performance referred to in paragraph 521.107(b); and

  • (f) the means to be used to identify the model number of an appliance or a part and the part number of each component of the appliance or part and how changes to the appliance or part will be identified.

  • SOR/2009-280, s. 26.

Effective Period of an Application

  •  (1) Unless an applicant demonstrates, at the time of submitting an application for a Canadian Technical Standard Order (CAN-TSO) design approval in respect of an appliance or a part, that a longer period is required for the design, development and testing of the appliance or part, 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) two years, in the case of an appliance or a part other than a turbine-powered APU; or

    • (b) three years, in the case of a turbine-powered APU.

  • (2) If a Canadian Technical Standard Order (CAN-TSO) design approval is not issued within the applicable effective period referred to in subsection (1), the applicant may

    • (a) submit a new application for a Canadian Technical Standard Order (CAN-TSO) design approval; or

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

  • (3) If the effective period of an application for a Canadian Technical Standard Order (CAN-TSO) design approval is extended under paragraph (2)(b), the standards of airworthiness applicable to the appliance or part 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 Canadian Technical Standard Order (CAN-TSO) design approval.

  • SOR/2009-280, s. 26.

Certification Basis

 The Minister shall establish, in respect of an appliance or a part, a certification basis consisting of

  • (a) the applicable standards of airworthiness referred to in section 521.106 that are in force on the date of application for the Canadian Technical Standard Order (CAN-TSO) design approval; and

  • (b) 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 Canadian Technical Standard Order (CAN-TSO).

  • SOR/2009-280, s. 26.

Standards of Airworthiness

 The standards of airworthiness for the issuance of or a change to a Canadian Technical Standard Order (CAN-TSO) design approval in respect of an appliance or a part are

  • (a) those specified in Chapter 537 — Appliances and Parts of the Airworthiness Manual; or

  • (b) if no standards of airworthiness for the issuance of or a change to a Canadian Technical Standard Order (CAN-TSO) design approval in respect of the appliance or part are specified in Chapter 537 — Appliances and Parts of the Airworthiness Manual, the minimum performance standards specified by the Minister.

  • SOR/2009-280, s. 26.
 
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