Canadian Aviation Regulations

511.12 (1) Subject to section 511.22 and subsection (3), if the holder of a type certificate in respect of an aeronautical product proposes to make a change to the type design that affects the airworthiness of the aeronautical product, or an acoustical change to, or a change in the emissions specified in, an aircraft or aircraft engine type design, the Minister shall approve the design change for incorporation into the type design if the holder

• (a) demonstrates compliance with the applicable standards specified in section 511.13, in accordance with the procedures specified in Chapter 511 of the Airworthiness Manual;

• (b) meets the requirements of subsection 511.08(1) before conducting a test flight in respect of the changed type design; and

• (c) in the case of an aircraft, demonstrates that no feature or characteristic makes it unsafe, taking into account the category in which certification is requested.

(2) If the holder of a type certificate proposes to make a change to the type design other than a change referred to in subsection (1), the holder shall follow procedures that ensure that the type design continues to meet the standards recorded in the type certificate data sheets.

(3) The approval referred to in subsection (1) is not required in respect of an acoustical change to an aircraft if

• (a) the basis of certification for the aircraft does not contain noise emission standards; or

• (b) the change is the result of

  • (i) adding or removing floats or skis,

  • (ii) adding or removing external equipment, doors or windows,

  • (iii) equipping the aircraft for aerial work for agricultural or fire prevention or fire-fighting purposes, or

  • (iv) modifications required to comply with an airworthiness directive issued under section 593.02.

(4) If the type design of an aeronautical product does not meet all of the applicable standards specified in section 511.13, the Minister shall, subject to section 6.71 of the Act, approve a change to the type design in respect of the aeronautical product if the applicant demonstrates that

• (a) the unmet standards are compensated for by factors that provide an equivalent level of safety; or

• (b) the consequences of the standards not being met are negligible with respect to the level of safety, given the experience accumulated or the tests carried out.

(5) The Minister shall approve a change to the type design in respect of an aircraft in the restricted category for special purpose operations within the meaning of section 511.05 of the Airworthiness Manual if the applicant demonstrates that

• (a) no feature or characteristic of the aircraft makes it unsafe when it is operated within the limitations specified for its intended use; and

• (b) the aircraft meets the applicable standards of airworthiness specified in section 511.13 of the Regulations, except for those standards that are inappropriate for the special purpose operation.