Canadian Aviation Regulations (SOR/96-433)

Aircraft Emissions Standards

521.32 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

521.33 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.

[521.34 to 521.43 reserved]

Inspections and Tests

521.44 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.

Test Flights

• 521.45 (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.

Test Flight Operations

• 521.46 (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.

Function and Reliability Test Flights

• 521.47 (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).

[521.48 to 521.56 reserved]

Issuance of a Type Certificate

• 521.57 (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.

Change to the Type Design Approved in a Type Certificate

521.58 The holder of a type certificate in respect of an aeronautical product who proposes to make a change to the type design approved in the type certificate shall meet the requirements set out in section 521.152.

[521.59 to 521.100 reserved]

Division III — Canadian Technical Standard Order (CAN-TSO) Design Approvals

Application

521.101 This Division applies

• (a) in respect of the issuance of a Canadian Technical Standard Order (CAN-TSO) design approval for an appliance or a part; and

• (b) to applicants for and holders of a Canadian Technical Standard Order (CAN-TSO) design approval in respect of an appliance or a part.

Eligibility Requirements

521.102 An applicant for a Canadian Technical Standard Order (CAN-TSO) design approval in respect of an appliance or a part shall have, or have access to, the technical capability to conduct the design analyses and tests required to demonstrate the conformity of the appliance or part with its certification basis.

Application for a Canadian Technical Standard Order (CAN-TSO) Design Approval

521.103 An applicant for a Canadian Technical Standard Order (CAN-TSO) design approval in respect of an appliance or a part shall submit to the Minister

• (a) an application that contains the information specified on the form published by the Minister entitled Canadian Technical Standard Order (CAN-TSO) Design Approval Application;

• (b) a description of the appliance or part that contains its principal design features and its specifications;

• (c) a proposed certification basis;

• (d) a certification plan that identifies

  • (i) the means to be used to demonstrate that the appliance or part conforms to the applicable certification basis,

  • (ii) the documentation that demonstrates the conformity of the appliance or part with the applicable certification basis,

  • (iii) the resources necessary for carrying out the demonstration of conformity referred to in subparagraph (i), and

  • (iv) the schedule for carrying out the demonstration of conformity referred to in subparagraph (i);

• (e) a draft of the declaration of design and performance referred to in paragraph 521.107(b); and

• (f) the means to be used to identify the model number of an appliance or a part and the part number of each component of the appliance or part and how changes to the appliance or part will be identified.