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Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2022-06-01 and last amended on 2022-03-06. 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 II — Type Certificates (continued)

Effective Period of an Application
  •  (1) Unless an applicant demonstrates, at the time of submitting an application for a type certificate in respect of an aeronautical product, that a longer period is required for the design, development and testing of the product, and for that reason the Minister approves a longer period, the application is effective during one of the following periods, beginning on the date of the application:

    • (a) five years, in the case of a transport category aeroplane or a transport category rotorcraft; or

    • (b) three years, in the case of

      • (i) an aircraft other than an aircraft referred to in paragraph (a),

      • (ii) an aircraft engine, or

      • (iii) an aircraft propeller.

  • (2) If a type certificate is not issued within the applicable effective period referred to in subsection (1), the applicant may

    • (a) submit a new application for a type certificate; or

    • (b) apply for an extension of the effective period of the original application.

  • (3) If the effective period of an application for a type certificate is extended under paragraph (2)(b), the standards of airworthiness applicable to the aeronautical product are those in force on the date that precedes, by one of the periods referred to in subsection (1), the date of the issuance of the type certificate.

  • SOR/2009-280, s. 26
Certification Basis
  •  (1) The Minister shall establish, in respect of an aeronautical product, a certification basis consisting of

    • (a) subject to subsections (2) to (5), the applicable standards of airworthiness referred to in section 521.31 that are in force on the date of application for the type certificate, unless the applicant

      • (i) elects to include in the certification basis later amendments to those standards of airworthiness, in accordance with subsection (5), or

      • (ii) is required to comply with later amendments to the standards of airworthiness in accordance with subsection 521.29(3);

    • (b) the applicable aircraft emissions standards referred to in section 521.32;

    • (c) any special conditions that are necessary to ensure that the type design of an aeronautical product having a novel or unusual design feature provides a level of safety equivalent to that provided by the standards of airworthiness in force on the date of application for the type certificate;

    • (d) any finding of equivalent safety based on any factors or design features that provide for an alternate means of compliance with the standards of airworthiness in force on the date of application for the type certificate; and

    • (e) any exemptions.

  • (2) In the case of an aeronautical product to which no complete standards of airworthiness referred to in section 521.31 apply, the applicable standards of airworthiness are the portions of the standards of airworthiness referred to in section 521.31 that are in force on the date of application for the type certificate.

  • (3) In the case of an aircraft, including its engine and propeller, that is designed in accordance with the requirements of, and accepted for use by, the Department of National Defence, other than an aircraft referred to in paragraph (4)(b), the applicable standards of airworthiness are those referred to in section 521.31

    • (a) that are appropriate to the type of aircraft, the number and type of its engines and propellers, and its MCTOW; and

    • (b) that provide a level of safety equivalent to that provided by the standards of airworthiness in force on the date that the aircraft was accepted for use by that Department.

  • (4) In the case of an aircraft for which a type certificate in the restricted category is requested, the applicable standards of airworthiness are

    • (a) the standards of airworthiness referred to in section 521.31 that are in force on the date of application for the type certificate, except for those that are inappropriate for the use specified on the application for the type certificate; or

    • (b) the design and performance requirements established by the Department of National Defence in respect of the aircraft on the date that the aircraft was accepted for use by that Department.

  • (5) An applicant may elect to include in the certification basis later amendments to the applicable standards of airworthiness referred to in subsections (1) to (4), if the applicant complies with any other amendment that is directly related to those standards.

  • SOR/2009-280, s. 26
Standards of Airworthiness
  •  (1) For the issuance of a type certificate in respect of an aeronautical product, the standards of airworthiness, including the aircraft categories set out in subsection 521.27(1), are those specified in the following chapters of the Airworthiness Manual, as applicable:

    • (a) Chapter 522 — Gliders and Powered Gliders;

    • (b) Chapter 523 — Normal, Utility, Aerobatic and Commuter Category Aeroplanes;

    • (c) Chapter 523 – VLA — Very Light Aeroplanes;

    • (d) Chapter 525 — Transport Category Aeroplanes;

    • (e) Chapter 527 — Normal Category Rotorcraft;

    • (f) Chapter 529 — Transport Category Rotorcraft;

    • (g) Chapter 531 — Manned Free Balloons;

    • (h) Chapter 533 — Aircraft Engines;

    • (i) Chapter 535 — Propellers; and

    • (j) Chapter 541 — Airships.

  • (2) The standards of airworthiness for the design and installation of an item of aircraft equipment required by Part VI or VII are

    • (a) those specified in Chapter 551 — Aircraft Equipment and Installation of the Airworthiness Manual; or

    • (b) if no standards of airworthiness for the design and installation of the item of aircraft equipment are specified in Chapter 551 — Aircraft Equipment and Installation of the Airworthiness Manual, those specified in the certification basis of the aircraft on which the equipment is installed.

Aircraft Emissions Standards

 The aircraft emissions standards applicable to the issuance of a type certificate are the following:

  • (a) in the case of an aircraft other than an aircraft for which certification is requested in the restricted category for use in agricultural operations or fire prevention and suppression, the noise standards specified in Subchapter A of Chapter 516 — Aircraft Emissions of the Airworthiness Manual;

  • (b) in the case of a turbine-powered aircraft, the standards respecting the prevention of intentional fuel venting specified in Subchapter B of Chapter 516 — Aircraft Emissions of the Airworthiness Manual;

  • (c) in the case of an aircraft engine, the smoke and gaseous aircraft emissions standards specified in Subchapter B of Chapter 516 — Aircraft Emissions of the Airworthiness Manual; and

  • (d) in the case of an aircraft, the carbon dioxide (CO2) emissions standards specified in Subchapter C of Chapter 516 — Aircraft Emissions of the Airworthiness Manual.

Conformity with Certification Basis

 An applicant for a type certificate in respect of an aeronautical product shall

  • (a) demonstrate to the Minister that the aeronautical product conforms to the certification basis established by the Minister under section 521.30;

  • (b) submit to the Minister a declaration attesting to the demonstration of conformity of the aeronautical product with its certification basis;

  • (c) make available to the Minister the means by which conformity is established;

  • (d) in the case of an aircraft, record the noise levels in its flight manual or in a supplement to that manual using the Guidelines for the Administration of Noise Certification Documentation set out in Attachment G of Annex 16, Volume I to the Convention; and

  • (e) submit to the Minister for approval any manuals, instructions and limitations that are required by the certification basis established in respect of the aeronautical product.

  • SOR/2009-280, s. 26

[521.34 to 521.43 reserved]

Inspections and Tests

 An applicant for a type certificate in respect of an aeronautical product shall

  • (a) ensure, before conducting a test, that the item to be tested conforms to the drawings, specifications and manufacturing processes proposed for the type design of the aeronautical product and that the measuring device and test equipment to be used are appropriate and calibrated for the test;

  • (b) ensure that the equipment and procedures used for conducting a test flight meet the requirements set out in sections 521.45 and 521.46;

  • (c) conduct all the inspections, analyses and tests necessary to demonstrate to the Minister that the type design of the aeronautical product conforms to its certification basis;

  • (d) in accordance with the certification plan, submit to the Minister for review the data and reports resulting from the inspections, analyses and tests conducted under paragraph (c); and

  • (e) provide the Minister with access to the aeronautical product for the purpose of making any inspection, making any engineering assessment, or conducting or witnessing any test,

    • (i) required to verify the applicant’s declaration attesting to the demonstration of conformity of the aeronautical product with its certification basis, or

    • (ii) required to make a determination of the conformity of the aeronautical product with its certification basis.

  • SOR/2009-280, s. 26
Test Flights
  •  (1) An applicant for a type certificate in respect of an aeronautical product who conducts a test flight shall

    • (a) make provisions for emergency situations and provide the emergency equipment required for the safety of the test flight personnel;

    • (b) conduct the inspections, analyses, structural tests, wind tunnel tests and functional tests of the critical systems and components of the aircraft used for the test flight — including an evaluation of the effect of their failure — to ensure that the aircraft will operate safely within the operating limitations and restrictions specified by the applicant;

    • (c) provide a pilot who holds a licence endorsed with a rating appropriate for conducting the test flight; and

    • (d) conduct the test flight in accordance with the conditions specified by the Minister in a flight authority issued in respect of that flight.

  • (2) The applicant shall, before conducting the first test flight of an aircraft type, submit

    • (a) a written airworthiness declaration attesting that the aircraft being used for the test flight satisfies the conditions referred to in paragraph (1)(b); and

    • (b) a written declaration attesting to the condition of the aircraft and its conformity with the configuration specified for the purposes of the test flight, made by a person authorized to do so by the manufacturer of the aircraft.

  • SOR/2009-280, s. 26
Test Flight Operations
  •  (1) An applicant for a type certificate in respect of an aeronautical product who intends to conduct a test flight and who has the resources, personnel and facilities for conducting a test flight shall establish and maintain a test flight operations manual that is appropriate to the size, nature and complexity of the test flight operations and that contains

    • (a) a statement signed by the person responsible for the test flight operations certifying that the test flight operations are being carried out in accordance with the policies and procedures set out in the manual and in any document incorporated into that manual;

    • (b) a description of the system used by the applicant to supervise the test flight operations;

    • (c) a description of the system used by the applicant to manage matters relating to safety and risk during the conduct of a test flight;

    • (d) a description of record-keeping practices and procedures;

    • (e) a description of how the configuration of an aircraft used in a test flight is defined and how a change to that configuration is documented;

    • (f) a description of the qualification, training and currency requirements of the test flight crew members;

    • (g) a description of the test flight planning procedures; and

    • (h) duty time limitations for test flight crew members.

  • (2) The person responsible for test flight operations shall submit the test flight operations manual and any amendment to the manual to the Minister for approval.

  • (3) The Minister shall approve the test flight operations manual and any amendment to the manual if they meet the requirements set out in this section.

  • SOR/2009-280, s. 26
Function and Reliability Test Flights
  •  (1) Subject to subsection (3), an applicant for a type certificate in respect of an aircraft shall conduct one or more function and reliability test flights in order to demonstrate to the Minister that the aircraft, its components and its equipment are reliable and function properly.

  • (2) A function and reliability test flight shall consist of

    • (a) in the case of an aircraft that uses a turbine engine of a type not previously used in an aircraft for which a type certificate has been issued, at least 300 hours of operation of the aircraft with a full complement of engines that conform to a type certificate or to an equivalent certificate issued by the airworthiness authority of a foreign state with which Canada has an airworthiness agreement or similar arrangement; or

    • (b) in the case of every other aircraft, at least 150 hours of operation of the aircraft.

  • (3) Subsection (1) does not apply in respect of

    • (a) the following aircraft:

      • (i) aeroplanes having a MCTOW of 2 720 kg (6,000 pounds) or less,

      • (ii) gliders,

      • (iii) airships having a seating configuration, excluding pilot seats, of nine or less,

      • (iv) manned free balloons, or

      • (v) restricted category aircraft; or

    • (b) a change to a type design, unless otherwise determined by the Minister taking into consideration the certification plan submitted under paragraph 521.28(d).

  • SOR/2009-280, s. 26

[521.48 to 521.56 reserved]

Issuance of a Type Certificate
  •  (1) Subject to section 6.71 of the Act, the Minister shall issue a type certificate in respect of an aeronautical product if the applicant

    • (a) submits the declaration required under paragraph 521.33(b);

    • (b) submits a signed undertaking to carry out the responsibilities specified in Division VIII; and

    • (c) meets the requirements set out in subsection (2) or (3) in respect of the category of the aeronautical product.

  • (2) An applicant for a type certificate in respect of an aeronautical product other than a restricted category aircraft shall demonstrate to the Minister that

    • (a) the type design of the aeronautical product conforms to its certification basis;

    • (b) in the case of an aircraft, no feature or characteristic makes the aircraft unsafe, taking into account the category in which certification is requested;

    • (c) subject to paragraph (d), any test flights required under paragraph 521.44(c) and section 521.47 have been conducted; and

    • (d) if the function and reliability test flights required under section 521.47 have not been completed, a program exists to ensure their completion before the later of the delivery of the first aircraft and the issuance of the certificate of airworthiness.

  • (3) An applicant for a type certificate in respect of a restricted category aircraft shall demonstrate to the Minister that

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

    • (b) the aircraft

      • (i) has a type design that conforms to its certification basis, or

      • (ii) is of a type manufactured in accordance with the requirements of, and accepted for use by, the Department of National Defence and has been modified for its intended use.

  • SOR/2009-280, s. 26
 
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