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Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2019-11-19 and last amended on 2019-08-08. Previous Versions

Part V — Airworthiness (continued)

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

Division VIII — Responsibilities of a Design Approval Document Holder (continued)

Establishing a Service Difficulty Reporting System

 The holder of a design approval document in respect of an aeronautical product shall establish and maintain a service difficulty reporting system for the purpose of receiving, recording, analyzing and investigating reports and information concerning a reportable service difficulty related to the aeronautical product.

  • SOR/2009-280, s. 26
Investigation of Service Difficulty Reports
  •  (1) When the holder of a design approval document in respect of an aeronautical product receives notice that a service difficulty report has been submitted to the Transport Canada web service difficulty reporting system in relation to the aeronautical product, the holder shall

    • (a) investigate the service difficulty and, if it results from a deficiency in the aeronautical product, develop a corrective action to rectify the deficiency; and

    • (b) report to the Minister the progress of the investigation and any proposed corrective action.

  • (2) Subject to section 521.356, if the Minister determines that a corrective action is required to rectify the deficiency, the holder of the design approval document in respect of the aeronautical product shall

    • (a) submit the technical data in support of the proposed corrective action to the Minister; and

    • (b) undertake any corrective action that the Minister determines is necessary to rectify the deficiency.

  • SOR/2009-280, s. 26
  • SOR/2019-119, s. 24(F)
Mandatory Changes

 If the Minister determines that a corrective action is required to rectify an unsafe condition in an aeronautical product, the holder of the design approval document in respect of the aeronautical product shall

  • (a) submit to the Minister for approval the corrective action required to rectify the unsafe condition; and

  • (b) on approval of the corrective action, make available to each owner and each operator of the aeronautical product the information needed to rectify the unsafe condition.

  • SOR/2009-280, s. 26
Transfer
  •  (1) Subject to subsection (2), the Minister shall approve the transfer of a design approval document in respect of an aeronautical product from the holder of the design approval document to a transferee if

    • (a) the holder

      • (i) notifies the Minister in writing of the intention to transfer the design approval document,

      • (ii) provides the Minister with the legal name, address and telephone number of the transferee,

      • (iii) provides the Minister with the number of the design approval document, the legal name of the manufacturer and the model designation of the aeronautical product that is the subject of the transfer,

      • (iv) returns to the Minister the original design approval document signed by the holder, and

      • (v) provides the transferee with the type design of the aeronautical product that is the subject of the transfer and the information recorded under paragraph 521.365(a); and

    • (b) the transferee

      • (i) applies for the issuance of an amended design approval document,

      • (ii) complies with the requirements set out in section 521.352, and

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

  • (2) If the transfer involves a foreign state, the holder of the design approval document and the transferee shall comply with the provisions of any airworthiness agreement or similar arrangement that exists between Canada and the foreign state involved in the transfer.

  • SOR/2009-280, s. 26
  • SOR/2019-119, s. 25

[521.358 to 521.364 reserved]

Record Keeping

 The holder of a design approval document in respect of an aeronautical product shall

  • (a) establish and maintain a system for recording

    • (i) the type design of the aeronautical product,

    • (ii) the analyses, tests and inspections that were conducted to demonstrate the conformity of the aeronautical product with its certification basis,

    • (iii) the certification plan and record and the declaration attesting to the demonstration of conformity of the aeronautical product with its certification basis,

    • (iv) the data developed by the holder and required to maintain the aeronautical product in an airworthy condition, and

    • (v) the distribution or initial sale of the aeronautical product;

  • (b) at the request of the Minister, make available to the Minister the design approval document, the type design and any of the information recorded under paragraph (a); and

  • (c) notify the Minister in writing if the holder no longer intends to make the information recorded under paragraph (a) available for the purpose of manufacture, modification, repair or installation of the aeronautical product or for maintaining the airworthiness of the aeronautical product.

  • SOR/2009-280, s. 26
  • SOR/2019-119, s. 26
Loss or Disposal of Records
  •  (1) No person shall dispose of or destroy the records containing the information recorded under paragraph 521.365(a) without the written authorization of the Minister.

  • (2) The holder of a design approval document in respect of an aeronautical product shall notify the Minister in writing if the records containing the information recorded under paragraph 521.365(a) are lost or destroyed.

  • SOR/2009-280, s. 26
Manuals
  •  (1) The holder of a design approval document in respect of an aeronautical product shall develop and maintain the manuals and their supplements that are required by the certification basis of the aeronautical product and are required to support the operation of the product in service, including

    • (a) an installation manual;

    • (b) an operating manual;

    • (c) a maintenance manual;

    • (d) an overhaul manual;

    • (e) servicing instructions;

    • (f) instructions for continued airworthiness;

    • (g) an illustrated parts manual; and

    • (h) service bulletins or equivalent documents.

  • (2) The holder of a design approval document other than a Canadian Technical Standard Order (CAN-TSO) Design Approval in respect of an appliance or a part shall develop and maintain the manuals and their supplements that are required by the certification basis of the aeronautical product and are required to support the operation of the product in service, including

    • (a) an aircraft flight manual;

    • (b) a structural repair manual;

    • (c) supplemental integrity instructions;

    • (d) a master minimum equipment list; and

    • (e) a maintenance review board report.

  • (3) The holder of a design approval document in respect of an aeronautical product shall, on request, provide the Minister with up to six copies of the manuals and their supplements referred to in subsections (1) and (2), at no cost, in a format agreed to by the Minister.

  • SOR/2009-280, s. 26
Instructions for Continued Airworthiness

 If the certification basis of an aeronautical product requires that instructions for continued airworthiness be developed, the holder of a design approval document in respect of the aeronautical product shall

  • (a) provide the instructions for continued airworthiness

    • (i) in the case of an aeronautical product other than an aircraft, to each owner of the aeronautical product on the date of its delivery, and

    • (ii) in the case of an aircraft, to each owner of the aeronautical product on the later of the date of its delivery and the date of the issuance of its first certificate of airworthiness;

  • (b) provide any change to the instructions for continued airworthiness

    • (i) in the case of an aeronautical product other than an aircraft, to each of its owners, and

    • (ii) in the case of an aircraft, to each of its operators;

  • (c) make available to any person referred to in subsection 571.02(1) the instructions for continued airworthiness and any changes to those instructions; and

  • (d) submit to the Minister a plan that identifies how changes to the instructions for continued airworthiness will be made available and distributed to any person referred to in paragraph (a), (b) or (c).

  • SOR/2009-280, s. 26
 
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