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Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2022-06-20 and last amended on 2022-03-06. Previous Versions

Part V — Airworthiness (continued)

Subpart 61 — Manufacture of Aeronautical Products (continued)

Production Control System

  •  (1) The holder of a manufacturer certificate shall establish and maintain a production control system that consists of systems and procedures set out in section 561.08 of Standard 561 to ensure that aeronautical products comply with these Regulations throughout the manufacturing process.

  • (2) The production control system shall be under the control of

    • (a) the person appointed under paragraph 561.04(1)(a); or

    • (b) a person assigned the responsibility for the management of the production control system under subsection 561.04(6).

  • (3) The person referred to in subsection (2) who has control of the production control system shall ensure that the activities carried out under the manufacturer certificate for which they have been assigned responsibility are in compliance with this Subpart.

  • SOR/2005-348, s. 4

Quality Assurance Program

  •  (1) The holder of a manufacturer certificate shall, in order to ensure that all aspects of the activities carried out under the manufacturer certificate continue to comply with these Regulations, establish and maintain a quality assurance program, independent of the production control system, that

    • (a) is under the sole control of

      • (i) the person appointed under paragraph 561.04(1)(a), or

      • (ii) a person assigned the responsibility for the management of the quality assurance program under subsection 561.04(6); and

    • (b) meets the requirements specified in section 561.09 of Standard 561.

  • (2) The person referred to in paragraph (1)(a) shall ensure that records related to the findings from the quality assurance program are distributed to the appropriate manager for corrective action and follow-up in accordance with the procedures specified in the manual.

  • (3) The person referred to in paragraph (1)(a) shall establish and maintain an audit system that consists of

    • (a) an initial audit, within 12 months after the day on which the manufacturer certificate is issued, that covers all aspects of the manufacturer’s activities;

    • (b) subsequent audits conducted at the intervals set out in the manual;

    • (c) a record of each occurrence of compliance or non-compliance found during an audit referred to in paragraph (a) or (b);

    • (d) procedures for ensuring that each finding of an audit is communicated to them;

    • (e) follow-up procedures for ensuring that corrective actions are effective; and

    • (f) a system for recording the findings of initial and periodic audits, corrective actions and follow-ups.

  • (4) The records required under paragraph (3)(f) shall be retained for the greater of

    • (a) two audit cycles; and

    • (b) two years.

  • (5) The quality assurance program duties related to specific tasks or activities shall be performed by persons who are not responsible for and have not been involved in the performance of the tasks or activities being audited.

  • SOR/2005-348, s. 4

Statement of Conformity

  •  (1) No person shall sign a statement of conformity in respect of an aeronautical product unless

    • (a) the statement contains the elements referred to in section 561.10 of Standard 561;

    • (b) the person has been authorized to do so by the person in control of the production control system;

    • (c) the aeronautical product is specified in the manufacturer certificate; and

    • (d) the aeronautical product has been manufactured in accordance with this Subpart.

  • (2) No person shall authorize a person to sign, on behalf of the holder of a manufacturer certificate, a statement of conformity unless the person being authorized has complied with the policies and procedures set out in the manual and has successfully completed the training required under section 561.11.

  • SOR/2005-348, s. 4

Training Program

 The holder of a manufacturer certificate shall

  • (a) establish and maintain a training program that includes the initial training, updating and any other training set out in section 561.11 of Standard 561 to ensure continued qualification that is appropriate to the function to be performed or supervised; and

  • (b) ensure that persons who are authorized to perform or supervise the performance of any function required under this Subpart are trained in respect of the parts of the policies and procedures of the holder of the manufacturer certificate and the parts of these Regulations applicable to that function.

  • SOR/2005-348, s. 4

Personnel Records

  •  (1) The holder of a manufacturer certificate shall establish and maintain a personnel record for each employee of the manufacturer and retain each record for at least three years after the end of their employment.

  • (2) A personnel record may be in paper or electronic form and shall include all of the employee’s qualifications, all authorizations to sign a statement of conformity pursuant to section 561.10 and a description of the training referred to in section 561.11.

  • (3) The holder of a manufacturer certificate shall ensure that a copy of any record required by this section is provided to the employee referred to in the record on the completion of each training activity or the granting of an authorization to sign a statement of conformity under section 561.10.

  • SOR/2005-348, s. 4

Control of Suppliers

  •  (1) The holder of a manufacturer certificate who contracts work to a supplier shall ensure that

    • (a) a written agreement with the supplier specifies the work to be performed by the supplier and provides that the Minister may have access to and inspect the supplier’s facilities and records to ensure compliance with this Subpart;

    • (b) work is contracted only to suppliers that have been evaluated in accordance with the policies and procedures set out in the manual;

    • (c) work is done under the holder’s supervision and is subject to the quality assurance program set out in section 561.09;

    • (d) the supplier’s capability to perform the contracted work is evaluated and monitored; and

    • (e) the aeronautical product conforms to its approved design.

  • (2) If a supplier holds, in respect of an aeronautical product, a manufacturer certificate or an equivalent document issued by a foreign state with which Canada has an airworthiness agreement or similar arrangement, the issuance of the supplier’s own statement of conformity in respect of that product is considered as meeting the requirements of paragraphs (1)(c) to (e).

  • (3) No supplier who performs work for a holder of a manufacturer certificate under this Subpart shall subcontract the work to another supplier without having first obtained the written consent of the holder of a manufacturer certificate.

  • SOR/2005-348, s. 4

Aeronautical Product Records

  •  (1) The holder of a manufacturer certificate shall establish and maintain records for each aeronautical product manufactured under a manufacturer certificate, including those specified in section 561.14 of Standard 561.

  • (2) The holder of a manufacturer certificate shall ensure that product records are kept for at least three years after the day on which the statement of conformity was signed.

  • SOR/2005-348, s. 4

Service Difficulty Reporting

 The holder of a manufacturer certificate shall report to the Minister, in accordance with Division IX of Subpart 21 of Part V, any reportable service difficulty related to an aeronautical product being manufactured.

  • SOR/2005-348, s. 4
  • SOR/2009-280, s. 29

Cessation of Manufacturing

 The holder of a manufacturer certificate shall notify the Minister in writing of the permanent cessation of the manufacture of an aeronautical product specified in the manufacturer certificate within 30 days after cessation.

  • SOR/2005-348, s. 4

Subpart 71 — Aircraft Maintenance Requirements

Application

 This Subpart applies, with the exception of remotely piloted aircraft systems that include remotely piloted aircraft having a maximum take-off weight of 25 kg (55 pounds) or less, ultra-light aeroplanes and hang gliders, in respect of the maintenance and elementary work performed on

  • (a) Canadian aircraft;

  • (b) foreign aircraft operated under Part IV or VII;

  • (c) foreign aircraft, other than aircraft referred to in paragraph (b), if the maintenance or elementary work is performed under the terms of an agreement or technical arrangement between Canada and the state of registry of the aircraft; and

  • (d) parts intended for installation on aircraft referred to in paragraphs (a) to (c).

Maintenance and Elementary Work Performance Rules

[
  • SOR/2000-404, s. 4
]
  •  (1) Subject to subsection (2), a person who performs maintenance or elementary work on an aeronautical product shall use the most recent methods, techniques, practices, parts, materials, tools, equipment and test apparatuses that are

    • (a) specified for the aeronautical product in the most recent maintenance manual or instructions for continued airworthiness developed by the manufacturer of that aeronautical product;

    • (b) equivalent to those specified by the manufacturer of that aeronautical product in the most recent maintenance manual or instructions for continued airworthiness; or

    • (c) in accordance with recognized industry practices at the time the maintenance or elementary work is performed.

  • (2) A person who performs maintenance or elementary work pursuant to subsection (1) shall ensure that any measuring device or test equipment used

    • (a) meets the specifications of the manufacturer of the aeronautical product with respect to accuracy, taking into account the intended use; and

    • (b) if calibration requirements are published by the manufacturer of the measuring device or test equipment, is calibrated by means traceable to a national standard.

  • (3) Except if the work is performed in respect of an aircraft that is operated under a special certificate of airworthiness in the owner-maintenance or amateur-built classification, no person shall supervise, or perform without supervision, an inspection using a method set out in column I of an item of Schedule I to this Subpart unless the person holds the personnel certification set out in column II of that item.

  • SOR/2002-112, s. 4
  • SOR/2003-122, s. 1

Recording of Maintenance and Elementary Work

 A person who performs maintenance or elementary work on an aeronautical product shall ensure that

  • (a) the details required by Standard 571 — Maintenance are entered in the technical record for the aeronautical product, in respect of the task performed; and

  • (b) the technical record is accurate with respect to any outstanding elements of the work performed, in particular, the need to secure any fastening device that was disturbed to facilitate the work.

Specialized Maintenance

 No person shall perform the specialized maintenance set out in Schedule II to this Subpart on an aeronautical product other than an aircraft operated under a special certificate of airworthiness in the owner-maintenance or amateur-built classification, except in accordance with

  • (a) a maintenance policy manual (MPM) established by the holder of an approved maintenance organization (AMO) certificate issued pursuant to section 573.02 with a rating of a category appropriate to the work to be performed; or

  • (b) a foreign document equivalent to an MPM established by a maintenance organization approved under the laws of a state that is party to an agreement with Canada, and the agreement provides for recognition of the work to be performed.

  • SOR/2002-112, s. 5

Maintenance of Aircraft Operated under Part IV or VII

[
  • SOR/2000-404, s. 5
]

 Except in the case of a balloon, no person shall perform maintenance on an aircraft operated under Part IV or VII, or install on one of the foregoing a part that has undergone maintenance, unless the maintenance on that aircraft or part has been performed in accordance with

  • (a) a maintenance policy manual (MPM) established by the holder of an approved maintenance organization (AMO) certificate issued pursuant to section 573.02 with a rating of a category appropriate to the work to be performed; or

  • (b) a foreign document equivalent to an MPM established by a maintenance organization approved under the laws of a state that is party to an agreement with Canada and the agreement provides for recognition of the work to be performed.

  • SOR/2000-404, s. 6

Repairs and Modifications

  •  (1) Except as provided in subsection (5) and in the case of aircraft that are operated under a special certificate of airworthiness in the owner-maintenance classification, a person who signs a maintenance release in respect of a major repair or major modification on an aeronautical product shall ensure that the major repair or major modification conforms to the requirements of the relevant technical data

    • (a) that have been approved or the use of which has been approved within the meaning of the term approved data in section 571.06 of the Airworthiness Manual; or

    • (b) that have been established within the meaning of the term specified data in section 571.06 of the Airworthiness Manual.

  • (2) Except as provided in subsection (5), a person who signs a maintenance release in respect of a repair or modification, other than a major repair or major modification, shall ensure that the repair or modification conforms to the requirements of the relevant technical data within the meaning of the term acceptable data in section 571.06 of the Airworthiness Manual.

  • (3) Where an additional flight authority has been issued pursuant to paragraph 507.08(1)(c) in respect of an aircraft, no person shall change the configuration of the aircraft in such a manner that the aircraft no longer meets the conditions subject to which the flight authority applicable to the aircraft prior to the modification was issued, unless

    • (a) the person makes an entry in the aircraft journey log required by section 605.94 indicating the flight authority that is in effect for the modified aircraft; or

    • (b) the change is made in accordance with technical dispatch procedures required by section 706.06.

  • (4) Repairing or modifying an aeronautical product may include the making of a part in conformity with the standards specified in section 571.06 of the Airworthiness Manual, if no part made is

    • (a) marked with the part number specified in the type design; or

    • (b) installed by a person or organization other than the person or organization that made the part.

  • (5) A person who signs a maintenance release in respect of a repair or modification performed on a foreign aeronautical product under the terms of an agreement or a technical arrangement between Canada and the aircraft’s state of registry shall ensure that the repair or modification conforms to the requirements of the relevant technical data that are specified in the agreement or technical arrangement.

  • SOR/2000-404, s. 7
  • SOR/2002-112, s. 6
  • SOR/2003-122, s. 2

Installation of New Parts

  •  (1) No person shall install a new part on an aeronautical product unless the part meets the standards of airworthiness applicable to the installation of new parts and, subject to subsections (2) and (3), has been certified under Subpart 61.

  • (2) No certification referred to in subsection (1) is required where

    • (a) a new part is a foreign-manufactured part that is certified pursuant to an agreement with Canada, which agreement provides for the acceptance of export airworthiness certification;

    • (b) a new part is a foreign-manufactured part that is obtained from a manufacturer holding a type design recognized in Canada and the part is certified in accordance with the laws of the state of manufacture;

    • (c) a new part, whose accompanying documentation has been verified, has been inspected in accordance with the requirements of Standard 571 — Maintenance;

    • (d) a new part is installed on an aircraft that is operated under a special certificate of airworthiness in the owner-maintenance or amateur-built classification; or

    • (e) a part is made in accordance with subsection 571.06(4).

  • (3) No certification referred to in subsection (1) is required in respect of a new part that bears markings identifying it as a part specified in the type design and that

    • (a) is a standard part;

    • (b) is a commercial part; or

    • (c) is a part that was not originally designed and manufactured for aeronautical use but has been approved for use on the aeronautical product in the type design.

    • (d) [Repealed, SOR/2009-280, s. 30]

 
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