Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2016-06-06 and last amended on 2015-08-31. Previous Versions

[521.370 to 521.400 reserved]

Division IX — Service Difficulty Reporting

Form and Submission

  •  (1) A person who is required to report a service difficulty shall submit to the Minister, for each reportable service difficulty, a separate service difficulty report that contains the information specified in the form published by the Minister entitled Service Difficulty Report.

  • (2) A service difficulty report shall be submitted

    • (a) by electronic means, such as the Transport Canada web service difficulty reporting system; or

    • (b) by mail or courier.

  • SOR/2009-280, s. 26.

Time Limits

  •  (1) Subject to subsection (2), a person who is required to report a service difficulty shall submit a service difficulty report to the Minister within three working days after the day on which the reportable service difficulty is discovered.

  • (2) If all of the information required under subsection 521.401(1) is not available within the period specified in subsection (1), an interim service difficulty report containing the following elements may be submitted to the Minister in a manner specified in subsection 521.401(2) within three working days after the day on which the reportable service difficulty is discovered:

    • (a) the aircraft registration, if applicable;

    • (b) the date of the occurrence of the reportable service difficulty;

    • (c) a description of the reportable service difficulty; and

    • (d) the name, mailing address, and telephone and fax numbers of the person submitting the report.

  • (3) The person submitting the interim service difficulty report shall submit a complete service difficulty report that complies with the requirements set out in subsection 521.401(1) within 14 days after the day on which the reportable service difficulty is discovered.

  • SOR/2009-280, s. 26.

Service Difficulty Report Not Required

 A service difficulty report is not required for a reportable service difficulty that has been reported by another person or organization.

  • SOR/2009-280, s. 26.

[521.404 to 521.425 reserved]

Division X — Airworthiness Directives

Application

 This Division applies in respect of aeronautical products for which a design approval document has been issued or accepted by the Minister.

  • SOR/2009-280, s. 26.

Conditions for Issuance

  •  (1) The Minister shall issue an airworthiness directive in respect of an aeronautical product if

    • (a) an unsafe condition exists in the aeronautical product and the condition is likely to exist or develop in other aeronautical products;

    • (b) it is necessary to modify or cancel the requirements of an airworthiness directive issued by the foreign airworthiness authority having jurisdiction over the type design of the aeronautical product because the Minister considers the airworthiness directive inappropriate for reasons related to the environment, safety, the delayed receipt of an instruction issued by the foreign airworthiness authority or reliance on foreign legislation; or

    • (c) it is necessary to modify or cancel a Canadian airworthiness directive that is in force, because a condition for issuance referred to in paragraph (a) or (b) has changed or ceased to exist.

  • (2) The airworthiness directive shall

    • (a) identify the unsafe condition;

    • (b) identify the affected aeronautical products;

    • (c) specify the corrective actions required;

    • (d) specify the schedule for completion of the required corrective actions; and

    • (e) specify its effective date.

  • (3) This section does not apply if the unsafe condition referred to in paragraph 521.427(1)(a) is rectified by a corrective action taken under section 521.356.

  • SOR/2009-280, s. 26.

Distribution

 The Minister shall distribute an airworthiness directive to

  • (a) the registered owner of a Canadian aircraft affected by the airworthiness directive;

  • (b) the manufacturer of an aeronautical product and the holder of the design approval document in respect of the aeronautical product; and

  • (c) the airworthiness authority of all known states of registry of the aircraft.

  • SOR/2009-280, s. 26.

[521.429 to 521.450 reserved]

Division XI — Foreign Aeronautical Products

Application

 This Division applies

  • (a) in respect of the issuance of a design approval document for a foreign aeronautical product; and

  • (b) to applicants for and holders of a design approval document in respect of a foreign aeronautical product.

  • SOR/2009-280, s. 26.

Eligibility Requirements

 An applicant for a design approval document in respect of a foreign aeronautical product shall demonstrate to the Minister that the foreign airworthiness authority having jurisdiction over the type design of the foreign aeronautical product has issued or will issue a document equivalent to a design approval document in respect of that foreign aeronautical product.

  • SOR/2009-280, s. 26.

Application for a Design Approval Document

  •  (1) Subject to subsection (2), an applicant for a design approval document in respect of a foreign aeronautical product shall submit an application to the Minister as specified in

    • (a) section 521.28, in the case of a type certificate;

    • (b) section 521.103, in the case of a Canadian Technical Standard Order (CAN-TSO) design approval;

    • (c) section 521.203, in the case of a supplemental type certificate;

    • (d) section 521.253, in the case of a repair design approval; and

    • (e) section 521.303, in the case of a part design approval.

  • (2) An applicant for a design approval document in respect of a foreign aeronautical product shall submit an application in accordance with the provisions of any airworthiness agreement or similar arrangement that exists between Canada and the state of design of the foreign aeronautical product.

  • SOR/2009-280, s. 26.

Exceptions

 Paragraphs 521.44(a) and (b), section 521.47 and paragraph 521.108(a) do not apply in respect of a foreign aeronautical product.

  • SOR/2009-280, s. 26.

Issuance of a Design Approval Document

  •  (1) Subject to subsection (2), if the foreign airworthiness authority having jurisdiction over the type design of a foreign aeronautical product has issued or will issue a document equivalent to a design approval document in respect of the foreign aeronautical product, the Minister shall issue a design approval document if the applicant

    • (a) complies with the requirements set out in the division applicable to the design approval document that is the subject of the application; and

    • (b) demonstrates that the foreign aeronautical product conforms to the standards of airworthiness and the aircraft emissions standards referred to in the division applicable to the design approval document that is the subject of the application and that

      • (i) are in force on the date on which the application for the document equivalent to the design approval document was submitted to the foreign airworthiness authority having jurisdiction over the type design of the foreign aeronautical product, or

      • (ii) are recorded by the foreign airworthiness authority in the type certificate data sheets in respect of that foreign aeronautical product.

  • (2) If the airworthiness authority of a foreign state has entered into an airworthiness agreement or similar arrangement with Canada, the Minister shall conduct a type design examination of the foreign aeronautical product that is the subject of the application to determine if the type design of that foreign aeronautical product provides a level of safety equivalent to that specified in this Subpart.

  • (3) If the Minister determines that the type design of the foreign aeronautical product provides a level of safety equivalent to that specified in this Subpart, the Minister shall, in accordance with the provisions of the airworthiness agreement or similar arrangement referred to in subsection (2), issue a design approval document or accept the design approval document issued by the foreign airworthiness authority in respect of the foreign aeronautical product.

  • SOR/2009-280, s. 26.

Changes to a Type Design

  •  (1) If the holder of a design approval document issued under section 521.455 makes a change to the type design of a foreign aeronautical product that alters a condition or limitation prescribed for the foreign aeronautical product by the foreign airworthiness authority having jurisdiction over the type design of the foreign aeronautical product, the change shall be approved by that airworthiness authority and is subject to a type design examination by the Minister.

  • (2) If the Minister determines that the change to the type design of the foreign aeronautical product provides a level of safety equivalent to that specified in this Subpart, the Minister shall, in accordance with the provisions of the airworthiness agreement or similar arrangement referred to in subsection 521.455(2), issue an amended design approval document or accept the design approval document issued by the foreign airworthiness authority in respect of the change to the type design of the foreign aeronautical product.

  • SOR/2009-280, s. 26.
 
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