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Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2019-06-20 and last amended on 2019-06-14. 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 X — Airworthiness Directives (continued)

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

SUBPART 22[Repealed, SOR/2009-280, s. 26]

 [Repealed, SOR/2009-280, s. 26]

SUBPART 23[Repealed, SOR/2009-280, s. 26]

 [Repealed, SOR/2009-280, s. 26]

SUBPART 25[Repealed, SOR/2009-280, s. 26]

 [Repealed, SOR/2009-280, s. 26]

SUBPART 27[Repealed, SOR/2009-280, s. 26]

 [Repealed, SOR/2009-280, s. 26]

SUBPART 29[Repealed, SOR/2009-280, s. 26]

 [Repealed, SOR/2009-280, s. 26]

SUBPART 31[Repealed, SOR/2009-280, s. 26]

 [Repealed, SOR/2009-280, s. 26]

SUBPART 33[Repealed, SOR/2009-280, s. 26]

 [Repealed, SOR/2009-280, s. 26]

SUBPART 35[Repealed, SOR/2009-280, s. 26]

 [Repealed, SOR/2009-280, s. 26]

SUBPART 37[Repealed, SOR/2009-280, s. 26]

 [Repealed, SOR/2009-280, s. 26]

SUBPART 41[Repealed, SOR/2009-280, s. 26]

 [Repealed, SOR/2009-280, s. 26]

Subpart 49 — Amateur-Built Aircraft

Requirements

 A person who intends to construct an aircraft and obtain, under paragraph 507.03(b), a special certificate of airworthiness in the amateur-built category in respect of the aircraft must

  • (a) before starting construction,

    • (i) inform the Minister of the intention to construct the aircraft,

    • (ii) show that the aircraft design meets the standards specified in Chapter 549 of the Airworthiness Manual, and

    • (iii) show that the major portion of the aircraft will be constructed from raw material and assembled on a non-commercial, non-production basis for educational or recreational purposes; and

  • (b) during construction and again before the first flight, make the aircraft available to the Minister for inspection.

  • SOR/98-526, s. 3

SUBPART 51[Repealed, SOR/2009-280, s. 27]

 [Repealed, SOR/2009-280, s. 27]

Subpart 61 — Manufacture of Aeronautical Products

Interpretation

 In this Subpart,

design approval

design approval means a type certificate, a supplemental type certificate, a part design approval, a Canadian Technical Standard Order (CAN-TSO) design approval or a document equivalent to any of those documents that is issued by the airworthiness authority of a foreign state; (approbation de conception)

manual

manual means the manual established under section 561.07; (manuel)

Standard 561

Standard 561 means Standard 561 — Standard for Approved Manufacturers. (norme 561)

  • SOR/2005-348, s. 4
  • SOR/2009-280, s. 28

Application

 This Subpart applies in respect of the manufacture of an aeronautical product in respect of which a design approval has been issued but does not apply in respect of

  • (a) maintenance;

  • (b) the manufacture of standard parts;

  • (c) the manufacture of commercial parts; or

  • (d) the manufacture of parts during a repair or modification under subsection 571.06(4).

  • SOR/2005-348, s. 4
 
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