Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2017-05-11 and last amended on 2017-01-01. Previous Versions

Certification Basis

 The Minister shall establish, in respect of a change to the type design of an aeronautical product, a certification basis consisting of the applicable standards referred to in sections 521.158 and 521.159.

  • SOR/2009-280, s. 26.

Standards of Airworthiness

  •  (1) Subject to subsections (2) to (9), an applicant for the approval of a change to the type design of an aeronautical product shall demonstrate that the product meets the standards of airworthiness recorded in the type certificate data sheets and in force on the date of the application for the change.

  • (2) The certification basis for the issuance of a repair design approval or a part design approval is that recorded in the type certificate data sheets, and includes any special conditions referred to in subsection (7).

  • (3) A change to the type design of an aeronautical product may conform to an earlier amendment to a standard referred to in subsection (1) if the Minister determines that the change is not significant in the context of all previous relevant design changes and of all related amendments to the applicable standards recorded in the type certificate data sheets. The change is significant if

    • (a) the general configuration or principles of construction are not retained; or

    • (b) the assumptions used in obtaining the type certificate for the aeronautical product do not remain valid.

  • (4) A change to the type design of an aeronautical product may conform to an earlier amendment to a standard referred to in subsection (1) in respect of an area, system, component, item of equipment or appliance if the Minister determines that the area, system, component, item of equipment or appliance

    • (a) is not affected by the change; or

    • (b) is affected by the change, but conformity with a standard referred to in subsection (1) would not contribute materially to the level of safety or would not be practical.

  • (5) In respect of an area, system, component, item of equipment or appliance that is affected by a change, a standard referred to in subsection (3) or (4) may not predate a standard that is recorded in the type certificate data sheets or

    • (a) in the case of a normal, utility, aerobatic and commuter category aeroplane, the standards set out in section 523.2 of Chapter 523 — Normal, Utility, Aerobatic and Commuter Category Aeroplanes of the Airworthiness Manual;

    • (b) in the case of a transport category aeroplane, the standards set out in section 525.2 of Chapter 525 — Transport Category Aeroplanes of the Airworthiness Manual;

    • (c) in the case of a normal category rotorcraft, the standards set out in section 527.2 of Chapter 527 — Normal Category Rotorcraft of the Airworthiness Manual; and

    • (d) in the case of a transport category rotorcraft, the standards set out in section 529.2 of Chapter 529 — Transport Category Rotorcraft of the Airworthiness Manual.

  • (6) The standards of airworthiness that apply in respect of a change to the type design of an aircraft, other than a rotorcraft, having a MCTOW of 2 720 kg (6,000 pounds) or less, or of a non-turbine rotorcraft having a MCTOW of 1 360 kg (3,000 pounds) or less, are those recorded in the type certificate data sheets, unless the Minister determines that

    • (a) the change is significant and requires compliance with an amendment to the standards that are recorded in the type certificate data sheets and that apply in respect of the change and with any other standards that are directly related to the change; and

    • (b) compliance with the amendment referred to in paragraph (a) would contribute materially to the level of safety and would be practical.

  • (7) An applicant for the approval of a change to the type design of an aeronautical product having a novel or unusual design feature shall comply with any special conditions that are necessary to ensure that the change provides a level of safety equivalent to that provided by the applicable certification basis determined under subsections (1) to (6), (8) and (9).

  • (8) If a change is made to the type design of a restricted category aircraft, or if a change to the type design of an aircraft results in the aircraft being reclassified as a restricted category aircraft, that aircraft must meet

    • (a) the standards of airworthiness referred to in section 521.31 applicable to that category of aircraft that are in force on the date of the application for the change; or

    • (b) the standards of airworthiness recorded in the type certificate data sheets, or an earlier amendment to a standard referred to in paragraph (a), if the standards or the amendment provide a level of safety appropriate for the intended use of that aircraft.

  • (9) An applicant for the approval of a change to the type design of an aeronautical product may elect to include in the certification basis a later amendment to the standards of airworthiness specified in subsection (1), on the condition that the applicant comply with any other amendment that is directly related to those standards.

  • SOR/2009-280, s. 26.

Aircraft Emissions Standards

  •  (1) Subject to subsection (2), an applicant for the approval of a change to the type design of an aeronautical product that results in a change in the noise levels of an aircraft shall demonstrate

    • (a) that the aircraft meets the noise standards specified in Subchapter A of Chapter 516 — Aircraft Emissions of the Airworthiness Manual; or

    • (b) that the aircraft continues to meet the noise standards that applied before the change was undertaken and that are recorded in the type certificate data sheets or in a document that has been accepted by the Minister as being equivalent to a type certificate for that aircraft.

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

    • (a) a restricted category aircraft for use in agricultural operations or fire prevention and suppression;

    • (b) the installation or removal of floats or skis;

    • (c) the installation or removal of external equipment on a rotorcraft; or

    • (d) an aircraft whose certification basis does not contain noise standards, if the change to the type design does not involve

      • (i) a change in the number or type of propellers,

      • (ii) a change in the number of engines or in the principle of propulsion of the engines, or

      • (iii) in the case of a rotorcraft, a change in the number of rotors or in the principle of operation of the rotors.

  • (3) An applicant for the approval of a change to the type design of a turbine-powered aircraft shall demonstrate that the aircraft meets the standards respecting the prevention of intentional fuel venting specified in Subchapter B of Chapter 516 — Aircraft Emissions of the Airworthiness Manual.

  • (4) An applicant for the approval of a change to the type design of an aircraft engine shall demonstrate that the aircraft engine meets the smoke and gaseous aircraft emissions standards specified in Subchapter B of Chapter 516 — Aircraft Emissions of the Airworthiness Manual.

  • SOR/2009-280, s. 26.

Conformity with Certification Basis

  •  (1) An applicant for the approval of a change to the type design of an aeronautical product shall

    • (a) demonstrate to the Minister that the product conforms to the certification basis established by the Minister under section 521.157 by conducting the inspections and tests referred to in section 521.44;

    • (b) submit to the Minister a declaration attesting to the demonstration of conformity of the product with its certification basis;

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

    • (d) in the case of an aircraft, record the noise levels in its flight manual or in a supplement to that manual using the Guidelines for the Administration of Noise Certification Documentation set out in Attachment G of Annex 16, Volume I to the Convention;

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

    • (f) submit to the Minister for approval any manual, instructions and limitations that are required by the certification basis established in respect of the product.

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

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

    • (b) the type design of the product provides a level of safety at least equivalent to that provided by the certification basis that applied before the change was undertaken.

  • (3) An applicant for the approval of a change to the type design 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 has a type design that conforms to its certification basis.

  • SOR/2009-280, s. 26.
 
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