Canadian Aviation Regulations

511.11 (1) The Minister shall, subject to section 6.71 of the Act, issue a type certificate in respect of an aeronautical product if the applicant demonstrates, in accordance with the procedures specified in Chapter 511 of the Airworthiness Manual, that

• (a) subject to subsection (2), the type design of the aeronautical product meets the applicable standards specified in section 511.07;

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

• (c) subject to subsection (3), the test flights required by section 511.09 have been conducted.

(2) If the type design of an aeronautical product does not meet all of the applicable standards specified in section 511.07, the Minister shall, subject to section 6.71 of the Act, issue a type certificate in respect of the aeronautical product if the applicant demonstrates that

• (a) the unmet standards are compensated for by factors that provide an equivalent level of safety; or

• (b) the consequences of the standards not being met are negligible with respect to the level of safety, given the experience accumulated or the tests carried out.

(3) If the test flights required by section 511.09 have not been completed, the Minister shall, subject to section 6.71 of the Act, issue a type certificate in respect of an aeronautical product if a program exists to ensure their completion prior to the delivery of the first aircraft or the issuance of the certificate of airworthiness, whichever occurs later.

(4) The Minister shall issue a provisional type certificate in respect of an aeronautical product if the applicant meets the applicable standards specified in section 511.11 of the Airworthiness Manual.

(5) The Minister shall issue a type certificate in respect of an aircraft in the restricted category for special purpose operations within the meaning of section 511.05 of the Airworthiness Manual if the applicant demonstrates that

• (a) no feature or characteristic of the aircraft makes it unsafe when it is operated within the limitations specified for its intended use; and

• (b) the aircraft

  • (i) meets the applicable standards specified in section 511.07, except those standards that are inappropriate for the special purpose operation, or

  • (ii) is of a type manufactured in accordance with the requirements of, and accepted and used by, the Department of National Defence and has been modified for a special purpose operation.