Canadian Aviation Regulations (SOR/96-433)

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

Conformity with Certification Basis

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

  • (a) demonstrate to the Minister that the appliance or part conforms to the certification basis established by the Minister under section 521.105;

  • (b) submit to the Minister a declaration of design and performance that contains

    • (i) the content of the certification basis,

    • (ii) a declaration attesting to the demonstration of conformity of the appliance or part with its certification basis,

    • (iii) information identifying the components of the type design of the appliance or part,

    • (iv) the rated performance of the appliance or part,

    • (v) a reference to the record documenting the means of demonstrating conformity with the certification basis, and

    • (vi) a reference to the maintenance, overhaul and repair manuals;

  • (c) make available to the Minister the means by which conformity is established; and

  • (d) submit to the Minister for approval any manuals, instructions and limitations that are required by the certification basis established in respect of the appliance or part.

  • SOR/2009-280, s. 26.

Inspections and Tests

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

  • (a) ensure, before conducting a test, that the item to be tested conforms to the drawings, specifications and manufacturing processes proposed for the type design of the appliance or part and that the measuring device and test equipment to be used are appropriate and calibrated for the test;

  • (b) conduct all the inspections, analyses and tests necessary to demonstrate to the Minister that the type design of the appliance or part conforms to its certification basis;

  • (c) in accordance with the certification plan, submit to the Minister for review the data and reports resulting from the inspections, analyses and tests conducted under paragraph (b); and

  • (d) provide the Minister with access to the appliance or part for the purpose of making any inspection, making any engineering assessment, or conducting or witnessing any test,

    • (i) required to verify the applicant’s declaration attesting to the demonstration of conformity of the appliance or part with its certification basis, or

    • (ii) required to make a determination of the conformity of the appliance or part with its certification basis.

  • SOR/2009-280, s. 26.

Issuance of a Canadian Technical Standard Order (CAN-TSO) Design Approval

 Subject to section 6.71 of the Act, the Minister shall issue a Canadian Technical Standard Order (CAN-TSO) design approval in respect of an appliance or a part if the applicant

  • (a) meets the requirements set out in section 521.107; and

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

  • SOR/2009-280, s. 26.

Change to a Type Design Approved in a Canadian Technical Standard Order (CAN-TSO) Design Approval

  •  (1) The holder of a Canadian Technical Standard Order (CAN-TSO) design approval in respect of an appliance or a part who proposes to make a change to the appliance or part shall

    • (a) in the case of a change to the type design, apply for a new Canadian Technical Standard Order (CAN-TSO) design approval under section 521.103; and

    • (b) in any other case, establish procedures to ensure that the changed appliance or part continues to conform to its certification basis and make the change after the Minister accepts the procedures.

  • (2) An individual or organization, other than the holder of a Canadian Technical Standard Order (CAN-TSO) design approval in respect of an appliance or a part, who proposes to make a change or repair to the appliance or part shall make an application in respect of that appliance or part for the issuance of a Canadian Technical Standard Order (CAN-TSO) design approval, a supplemental type certificate, or a repair design approval.

  • SOR/2009-280, s. 26.

[521.111 to 521.150 reserved]

Division IV — Changes to a Type Design

Application

 This Division applies

  • (a) in respect of the approval of a change to the type design of an aeronautical product; and

  • (b) to applicants for an approval of a change to the type design of an aeronautical product.

  • SOR/2009-280, s. 26.

Change to a Type Design

  •  (1) Subject to section 521.153, no person shall undertake a change to the type design of an aeronautical product that has other than a negligible effect on the weight and centre-of-gravity limits, structural strength, performance, power plant operation, flight characteristics or other qualities affecting its airworthiness or environmental characteristics except in accordance with sections 521.155 to 521.160.

  • (2) In any other case, no person shall undertake a change to the type design of an aeronautical product except in accordance with section 521.154.

  • SOR/2009-280, s. 26.

Change to a Type Design Requiring a New Type Certificate

 An applicant for the approval of a change to the type design of an aeronautical product shall submit an application for a new type certificate under section 521.28 if the Minister determines that the change is so extensive in relation to the design, configuration, power or weight of the product — including, in the case of an engine, its power limitations — that a substantially complete investigation by the applicant is necessary to determine conformity with the applicable certification basis.

  • SOR/2009-280, s. 26.

Change Other than a Change to the Type Design

 The holder of a design approval document who proposes to make a change to an aeronautical product, other than a change to the type design referred to in subsection 521.152(1), shall establish procedures to ensure that the changed aeronautical product continues to conform to its certification basis and make the change after the Minister accepts the procedures.

  • SOR/2009-280, s. 26.

Application for Approval of a Change to the Type Design

 An applicant for the approval of a change to the type design 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 Design Change Approval Application;

  • (b) a description of the change to the type design that identifies

    • (i) all parts of the type design, including all parts of the approved manuals, that are affected by the change, and

    • (ii) any re-investigations necessary to demonstrate the continued conformity of the aeronautical product with the applicable certification basis, by listing the standards of airworthiness that must be met and the means to be used to demonstrate conformity;

  • (c) a proposed certification basis; and

  • (d) a certification plan that identifies

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

    • (ii) the documentation that demonstrates that the change to the type design of the aeronautical product conforms to the applicable certification basis, and

    • (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 the approval of a change to the type design 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 change to the type design of an aeronautical product is not approved within the applicable effective period referred to in subsection (1), the applicant may

    • (a) submit a new application for the approval of a change to the type design of the aeronautical product; or

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

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

  • SOR/2009-280, s. 26.
 
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