Canadian Aviation Regulations

511.13 (1) Subject to subsections (2) to (10), the holder of a type certificate who proposes to change the type design of an aeronautical product shall show that the changed aeronautical product meets

• (a) the standards of airworthiness that are in force on the date of the application for the proposed change; and

• (b) the standards specified in Subpart 16 that are in force on a date as determined there.

(2) The applicable standards of airworthiness for an aircraft appliance are those recorded in the type certificate data sheets and any special conditions prescribed under subsection (7).

(3) The changed aeronautical product may comply with an earlier amendment of a standard required under subsection (1) if the Minister determines that the proposed change is not significant in the context of all previous relevant design changes and the related amendments of the applicable standards recorded in the type certificate data sheets. A 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) The changed aeronautical product may comply with an earlier amendment of a standard required under subsection (1) in respect of an area, system, component, equipment or appliance if the Minister determines that the area, system, component, equipment or appliance

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

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

(5) A standard referred to in subsection (3) or (4) may not precede a standard that is recorded in the type certificate data sheets or an applicable standard set out in section 523.2, 525.2, 527.2 or 529.2 of the Airworthiness Manual.

(6) The applicable standards of airworthiness for a change to the type design of an aircraft, other than a rotorcraft, of a maximum weight of 2 720 kg (6,000 pounds) or less or of a non-turbine rotorcraft of a maximum weight 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 compliance is required with an amendment of the standards recorded in the type certificate data sheets that apply to the change and with any standards that are directly related; and

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

(7) An applicant for a change to the type design of an aeronautical product shall comply with any special conditions or amendments of those conditions that are necessary to ensure that the changed aeronautical product will provide a level of safety equal to that established by the applicable standards referred to in subsections (1) to (6), (8) and (9) if

• (a) the changed aeronautical product has novel or unusual design features; or

• (b) there are no applicable standards of airworthiness for the changed aeronautical product.

(8) If a change is made to the type design of an aircraft certified under subsection 511.11(5), the changed aeronautical product must meet

• (a) the standards of airworthiness applicable to that category of aeronautical product in force on the date of the application for the proposed change, except for those standards that are inappropriate for the special purpose operation; or

• (b) the standards of airworthiness recorded in the type certificate data sheets — or an earlier amendment of a standard referred to in paragraph (a) — if they will provide a level of safety appropriate for the special purpose operation.

(9) The holder of a type certificate may, with the approval of the Minister, elect to comply with an amendment of a standard of airworthiness that is made after the date of the application for the proposed change to the type design if any related amendments are also included.

(10) If the effective period of an application for a change to the type certificate is extended under paragraph 511.06(2)(b), then the date of application for the change proposed under subsection (1) is — for the purposes of determining the standards in force — deferred for the same period of time.