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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 21 — Approval of the Type Design or a Change to the Type Design of an Aeronautical Product (continued)

Division IV — Changes to a Type Design (continued)

Aircraft Emissions Standards
  •  (1) Subject to subsection (2), an applicant for the approval of a change to the type design of an aeronautical product that results in a change in the noise levels of an aircraft shall demonstrate

    • (a) that the aircraft meets the noise standards specified in Subchapter A of Chapter 516 — Aircraft Emissions of the Airworthiness Manual; or

    • (b) that the aircraft continues to meet the noise standards that applied before the change was undertaken and that are recorded in the type certificate data sheets or in a document that has been accepted by the Minister as being equivalent to a type certificate for that aircraft.

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

    • (a) a restricted category aircraft for use in agricultural operations or fire prevention and suppression;

    • (b) the installation or removal of floats or skis;

    • (c) the installation or removal of external equipment on a rotorcraft; or

    • (d) an aircraft whose certification basis does not contain noise standards, if the change to the type design does not involve

      • (i) a change in the number or type of propellers,

      • (ii) a change in the number of engines or in the principle of propulsion of the engines, or

      • (iii) in the case of a rotorcraft, a change in the number of rotors or in the principle of operation of the rotors.

  • (3) An applicant for the approval of a change to the type design of a turbine-powered aircraft shall demonstrate that the aircraft meets the standards respecting the prevention of intentional fuel venting specified in Subchapter B of Chapter 516 — Aircraft Emissions of the Airworthiness Manual.

  • (4) An applicant for the approval of a change to the type design of an aircraft engine shall demonstrate that the aircraft engine meets the smoke and gaseous aircraft emissions standards specified in Subchapter B of Chapter 516 — Aircraft Emissions of the Airworthiness Manual.

  • (5) An applicant for the approval of a change to the type design of an aircraft shall demonstrate that the aircraft meets the carbon dioxide (CO2) emissions standards specified in Subchapter C of Chapter 516 — Aircraft Emissions of the Airworthiness Manual.

Conformity with Certification Basis
  •  (1) An applicant for the approval of a change to the type design of an aeronautical product shall

    • (a) demonstrate to the Minister that the product conforms to the certification basis established by the Minister under section 521.157 by conducting the inspections and tests referred to in section 521.44;

    • (b) submit to the Minister a declaration attesting to the demonstration of conformity of the 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;

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

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

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

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

    • (b) the type design of the product provides a level of safety at least equivalent to that provided by the certification basis that applied before the change was undertaken.

  • (3) An applicant for the approval of a change to the type design 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 has a type design that conforms to its certification basis.

Issuance of Approval of a Change to the Type Design

 Subject to section 6.71 of the Act, the Minister shall approve a change to the type design of an aeronautical product if the applicant meets the requirements set out in section 521.160.

  • SOR/2009-280, s. 26

[521.162 to 521.200 reserved]

Division V — Supplemental Type Certificates

Application

 This Division applies

  • (a) in respect of the issuance of a supplemental type certificate as a result of a change to the type design of an aeronautical product; and

  • (b) to applicants for and holders of a supplemental type certificate in respect of an aeronautical product.

  • SOR/2009-280, s. 26
Eligibility Requirements

 An applicant for a supplemental type certificate in respect of a change to the type design of an aeronautical product shall have, or have access to, the technical capability to conduct the design analyses and tests required to demonstrate the conformity of the aeronautical product with its certification basis.

  • SOR/2009-280, s. 26
Application for a Supplemental Type Certificate

 Subject to section 521.153, an applicant for a supplemental type certificate in respect of a change to the type design of an aeronautical product for which the Minister has issued or accepted a type certificate shall submit an application to the Minister as specified in section 521.155.

Certification Basis

 The Minister shall establish, in respect of a change to the type design of an aeronautical product, a certification basis consisting of the applicable standards referred to in section 521.157.

  • SOR/2009-280, s. 26
Conformity with Certification Basis

 An applicant for a supplemental type certificate in respect of a change to the type design of an aeronautical product shall comply with the requirements set out in section 521.160 within the effective period referred to in section 521.156.

  • SOR/2009-280, s. 26
Issuance of a Supplemental Type Certificate

 Subject to section 6.71 of the Act, the Minister shall issue a supplemental type certificate in respect of a change to the type design of an aeronautical product if the applicant complies with the requirements set out in section 521.205.

  • SOR/2009-280, s. 26
Change to a Type Design Approved in a Supplemental Type Certificate

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

  • SOR/2009-280, s. 26

[521.208 to 521.250 reserved]

Division VI — Repair Design Approvals

Application

 This Division applies

  • (a) in respect of the issuance of a repair design approval as a result of a repair to an aeronautical product; and

  • (b) to applicants for and holders of a repair design approval in respect of an aeronautical product.

  • SOR/2009-280, s. 26
Eligibility Requirements

 An applicant for a repair design approval in respect of an aeronautical product shall have, or have access to, the technical capability to conduct the design analyses and tests required to demonstrate the conformity of the aeronautical product with its certification basis.

  • SOR/2009-280, s. 26
Application for a Repair Design Approval

 An applicant for a repair design approval in respect of an aeronautical product shall submit an application to the Minister as specified in section 521.155 if the repair is in respect of

  • (a) an aeronautical product for which the Minister has issued or accepted a type certificate; or

  • (b) an aircraft registered in a foreign state, or an aeronautical product intended for installation on an aircraft registered in a foreign state, with which Canada has an airworthiness agreement or similar arrangement in respect of the acceptance of the technical data used to repair the aeronautical product.

  • SOR/2009-280, s. 26
Certification Basis

 The Minister shall establish a certification basis, in respect of a repair design approval for an aeronautical product, consisting of the applicable standards referred to in section 521.157.

  • SOR/2009-280, s. 26
Conformity with Certification Basis

 An applicant for a repair design approval in respect of an aeronautical product shall comply with the requirements set out in section 521.160 within the effective period referred to in section 521.156.

  • SOR/2009-280, s. 26
Issuance of a Repair Design Approval

 Subject to section 6.71 of the Act, the Minister shall issue a repair design approval in respect of an aeronautical product if the applicant complies with the requirements set out in section 521.255.

  • SOR/2009-280, s. 26
Change to a Repair Design Approved in a Repair Design Approval

 The holder of a repair design approval in respect of an aeronautical product who proposes to make a change to the repair design approved in the repair design approval shall comply with the requirements set out in section 521.152.

  • SOR/2009-280, s. 26

[521.258 to 521.300 reserved]

Division VII — Part Design Approvals

Application

 This Division applies

  • (a) in respect of the issuance of a part design approval for a replacement part that is intended to be installed on an aeronautical product; and

  • (b) to applicants for and holders of a part design approval in respect of a replacement part.

  • SOR/2009-280, s. 26
Eligibility Requirements

 An applicant for a part design approval in respect of a replacement part shall have, or have access to, the technical capability to conduct the design analyses and tests required to demonstrate the conformity of the replacement part with its certification basis.

  • SOR/2009-280, s. 26
Application for a Part Design Approval
  •  (1) An applicant for a part design approval in respect of a replacement part for an aeronautical product for which the Minister has issued or accepted a type certificate shall submit an application to the Minister as specified in section 521.155.

  • (2) A part design approval shall not be issued if the replacement part

    • (a) is subject to an airworthiness limitation;

    • (b) is a standard part or a commercial part;

    • (c) constitutes a change to the type design of the aeronautical product; or

    • (d) creates an airworthiness limitation.

  • SOR/2009-280, s. 26
Certification Basis

 The Minister shall establish, in respect of a part design approval for a replacement part, a certification basis consisting of the applicable standards referred to in section 521.157.

  • SOR/2009-280, s. 26
Conformity with Certification Basis

 An applicant for a part design approval in respect of a replacement part shall comply with the requirements set out in section 521.160 within the effective period referred to in section 521.156.

  • SOR/2009-280, s. 26
Issuance of a Part Design Approval

 Subject to section 6.71 of the Act, the Minister shall issue a part design approval in respect of a replacement part if the applicant complies with the requirements set out in section 521.305.

  • SOR/2009-280, s. 26
Change to a Part Design Approved in a Part Design Approval

 The holder of a part design approval in respect of a replacement part who proposes to make a change to the part design approved in the part design approval shall comply with

  • (a) in the case of a change to the type design, the requirements set out in Division V; and

  • (b) in any other case, the requirements set out in section 521.154.

  • SOR/2009-280, s. 26

[521.308 to 521.350 reserved]

Division VIII — Responsibilities of a Design Approval Document Holder

Application

 This Division applies to holders of a design approval document.

  • SOR/2009-280, s. 26
Technical Capability

 The holder of a design approval document in respect of an aeronautical product shall have, or have access to, the technical capability

  • (a) to conduct design analyses and tests in order to develop the data required to maintain the aeronautical product in an airworthy condition; and

  • (b) to carry out the responsibilities specified this Division.

  • SOR/2009-280, s. 26
Service Difficulty Reporting

 The holder of a design approval document in respect of an aeronautical product shall report to the Minister, in accordance with Division IX, any reportable service difficulty related to the aeronautical product.

  • SOR/2009-280, s. 26
Establishing a Service Difficulty Reporting System

 The holder of a design approval document in respect of an aeronautical product shall establish and maintain a service difficulty reporting system for the purpose of receiving, recording, analyzing and investigating reports and information concerning a reportable service difficulty related to the aeronautical product.

  • SOR/2009-280, s. 26
Investigation of Service Difficulty Reports
  •  (1) When the holder of a design approval document in respect of an aeronautical product receives notice that a service difficulty report has been submitted to the Transport Canada web service difficulty reporting system in relation to the aeronautical product, the holder shall

    • (a) investigate the service difficulty and, if it results from a deficiency in the aeronautical product, develop a corrective action to rectify the deficiency; and

    • (b) report to the Minister the progress of the investigation and any proposed corrective action.

  • (2) Subject to section 521.356, if the Minister determines that a corrective action is required to rectify the deficiency, the holder of the design approval document in respect of the aeronautical product shall

    • (a) submit the technical data in support of the proposed corrective action to the Minister; and

    • (b) undertake any corrective action that the Minister determines is necessary to rectify the deficiency.

Mandatory Changes

 If the Minister determines that a corrective action is required to rectify an unsafe condition in an aeronautical product, the holder of the design approval document in respect of the aeronautical product shall

  • (a) submit to the Minister for approval the corrective action required to rectify the unsafe condition; and

  • (b) on approval of the corrective action, make available to each owner and each operator of the aeronautical product the information needed to rectify the unsafe condition.

  • SOR/2009-280, s. 26
 
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