Canadian Aviation Regulations (SOR/96-433)

[521.34 to 521.43 reserved]

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.

• 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.

• 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.