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Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2022-05-02 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 X — Airworthiness Directives (continued)

[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

Manufacturer Certificate — Application, Issuance and Amendment

  •  (1) An applicant for the issuance or amendment of a manufacturer certificate respecting an aeronautical product shall submit an application to the Minister that includes the documents specified in section 561.03 of Standard 561.

  • (2) An applicant for the issuance or amendment of a manufacturer certificate respecting an aeronautical product shall

    • (a) be the holder of, or applicant for, a design approval for that aeronautical product; or

    • (b) have written authorization from the holder of a design approval to manufacture that aeronautical product.

  • (3) An applicant for the issuance or amendment of a manufacturer certificate respecting an aeronautical product shall demonstrate that they have access to all present and future design data, process specifications and other related information necessary for the continuing airworthiness of the aeronautical product.

  • (4) The Minister shall issue or amend a manufacturer certificate authorizing an applicant to manufacture the aeronautical products set out in the manufacturer certificate if the applicant meets the requirements of this Subpart.

  • (5) A manufacturer certificate may authorize the manufacture of a limited number of an aeronautical product where

    • (a) an applicant has made an application for a design approval for that aeronautical product but it has not yet been issued; or

    • (b) an applicant is about to enter into a license agreement with the holder of the design approval for that aeronautical product.

  • (6) Unless an expiry date is specified in the manufacturer certificate issued under subsection (4), the certificate shall remain in effect until it is surrendered by the manufacturer or suspended or cancelled.

  • (7) A manufacturer certificate is not transferable.

  • (8) Except as provided in section 561.06, the final assembly facilities for an aeronautical product specified in a manufacturer certificate shall be located in Canada.

  • SOR/2005-348, s. 4

Management Personnel

  •  (1) The holder of a manufacturer certificate shall

    • (a) appoint a person to be responsible for all the activities performed under this Subpart and specified in the manual;

    • (b) ensure that the person appointed has acquired experience in the areas of responsibility set out in subsection 561.04(1) of Standard 561; and

    • (c) ensure that the person appointed demonstrates to the Minister, within 30 days after their appointment, knowledge of the topics set out in subsection 561.04(2) of Standard 561.

  • (2) The Minister shall conduct an interview, in accordance with subsection 561.04(3) of Standard 561, to assess the appointed person’s knowledge of the topics referred to in paragraph (1)(c).

  • (3) The Minister shall notify the person appointed of the results of the assessment and, if applicable, identify any deficiencies in their knowledge of the topics within ten days after the interview.

  • (4) A person who, at the time this section comes into force, is already performing the functions referred to in paragraph (1)(a) may be appointed under that paragraph without meeting the requirements of paragraphs (1)(b) and (c).

  • (5) The holder of a manufacturer certificate shall provide the person appointed with the authority and the financial and human resources necessary to ensure that the requirements of this Subpart are met.

  • (6) The person appointed may assign responsibility for the management of specific activities, systems or programs required by this Subpart to other persons, provided that the assignments and the scope of the assigned responsibilities are specified in the manual.

  • (7) The holder of a manufacturer certificate shall ensure that no person is appointed under paragraph (1)(a) or remains responsible for the activities referred to in that paragraph if, at the time of their appointment or during their tenure, they have a record of conviction for

    • (a) an offence under section 7.3 of the Act; or

    • (b) two or more offences in respect of section 561.10 of these Regulations, not arising from a single occurrence.

Resources

 The holder of a manufacturer certificate shall have, and ensure that any supplier referred to in section 561.13 has, the financial and human resources necessary for the manufacture and inspection of any aeronautical product specified in the manufacturer certificate, including those specified in section 561.05 of Standard 561.

  • SOR/2005-348, s. 4

Facilities Located in a Foreign State

 If an arrangement exists between Canada and a foreign state concerning the manufacture of an aeronautical product, the holder of a manufacturer certificate may be authorized to perform their activities under the certificate in facilities located in that foreign state if the holder

  • (a) submits a written application to that effect to the Minister;

  • (b) gives, by a written agreement, an undertaking to the Minister to ensure that the Minister has access to those facilities to verify that the performance of the activities complies with the requirements of the Act and these Regulations, as if those facilities were located in Canada; and

  • (c) undertakes to pay the expenses referred to in paragraphs 104.04(1)(a) and (b) incurred by the Department of Transport under paragraph (b).

  • SOR/2005-348, s. 4

Manual

  •  (1) The holder of a manufacturer certificate shall establish, maintain and require the use of a manual that must include the information set out in section 561.07 of Standard 561 and that sets out policies and procedures respecting the construction and inspection of the aeronautical products specified in the manufacturer certificate.

  • (2) Subject to subsection (4), the person appointed under paragraph 561.04(1)(a) shall ensure that any person who performs work under a manufacturer certificate complies with the manual.

  • (3) [Repealed, SOR/2019-295, s. 10]

  • (4) Subject to the following conditions, the holder of a manufacturer certificate and any person who performs work under a manufacturer certificate may temporarily be authorized to use alternative policies and procedures to comply with subsections (2) and (3):

    • (a) they have determined that, as a result of unforeseen or temporary circumstances, compliance with the manual would be impossible or unreasonable;

    • (b) they believe on reasonable grounds that the safety of the aeronautical product can be achieved by complying with the alternative policies and procedures;

    • (c) they have notified the Minister in writing; and

    • (d) the Minister has notified them in writing that they can use those alternative policies and procedures.

  • (5) The holder of a manufacturer certificate shall submit the manual and any subsequent amendment to the Minister for approval.

  • (6) The Minister shall approve the manual and any subsequent amendment if they meet the requirements of this Subpart and Standard 561.

  • (7) If the manual no longer meets the requirements of this Subpart or Standard 561, the holder of a manufacturer certificate shall

    • (a) submit an amendment to the manual for the Minister’s approval; or

    • (b) amend the manual immediately if instructed to do so by the Minister.

  • (8) The person who has been assigned the responsibility under subsection 561.04(6) shall amend each copy of the manual within 30 days after receiving the Minister’s approval of an amendment to it.

  • (9) A manual may incorporate other documents by reference if it includes policies and procedures to control the incorporated material.

  • (10) The person appointed under paragraph 561.04(1)(a) shall ensure that any part of the manual or incorporated document that is relevant to the work to be performed is made available to each person who performs that work.

 
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