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Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2022-09-22 and last amended on 2022-03-06. Previous Versions

Part V — Airworthiness (continued)

Subpart 7 — Flight Authority and Certificate of Noise Compliance (continued)

[
  • SOR/2000-404, s. 1
]

Application for a Certificate of Noise Compliance

  •  (1) An application for a certificate of noise compliance shall be signed by the owner or operator of the aircraft in respect of which it is submitted or by a representative of the owner within the meaning of Chapter 507 of the Airworthiness Manual.

  • (2) A person who applies for a certificate of noise compliance shall do so in the form and manner specified in Chapter 507 of the Airworthiness Manual.

  • (3) An applicant for a certificate of noise compliance shall include with the application evidence that the aircraft meets the noise emission levels referred to in section 507.20.

  • SOR/2000-404, s. 2

Suspension of a Certificate of Noise Compliance

 A certificate of noise compliance is suspended and shall be surrendered to the Minister on request if the aircraft in respect of which it was issued no longer meets the noise emission levels referred to in section 507.20.

  • SOR/2000-404, s. 2

Validation of a Foreign Certificate of Noise Compliance

 In the process of validating a foreign flight authority in respect of an aircraft under section 507.05, if a foreign certificate of noise compliance is in effect in respect of the aircraft, the Minister shall validate the foreign certificate of noise compliance in the form and manner specified for the validation of the flight authority.

  • SOR/2000-404, s. 2

Subpart 9 — Export Airworthiness Certificates

Application

 This Subpart applies in respect of the following aircraft if they meet the export requirements specified in Chapter 509 of the Airworthiness Manual, except for aircraft that are operated under a special certificate of airworthiness in the owner-maintenance or amateur-built classification, remotely piloted aircraft having a maximum take-off weight of 25 kg (55 pounds) or less, ultra-light aeroplanes and hang gliders:

  • (a) new aircraft manufactured in Canada;

  • (b) Canadian aircraft in respect of which a Certificate of Airworthiness has been issued pursuant to Subpart 7; or

  • (c) aircraft that were last registered in Canada but are no longer registered in any state.

Application for an Export Airworthiness Certificate

  •  (1) A person who applies for an Export Airworthiness Certificate shall do so in the form and manner specified in Chapter 509 of the Airworthiness Manual.

  • (2) An applicant for an Export Airworthiness Certificate shall include with the application a declaration made by a person authorized to do so pursuant to section 509.04, attesting that the aircraft conforms to the certified type design specified in the application.

Authority for Export

  •  (1) Subject to subsection (2), the Minister shall issue an Export Airworthiness Certificate where the aircraft in respect of which the application is made conforms to

    • (a) the type design specified in a type certificate; or

    • (b) another type design specified in the application, where the aircraft is being exported to a state with which Canada has entered into an agreement that provides for the acceptance of Export Airworthiness Certificates and the aircraft conforms to any special requirements specified by that state.

  • (2) Where an aircraft does not meet the requirements of subsection (1), the Minister may issue an Export Airworthiness Certificate that specifies the non-conformity to the applicable type design or any special requirement and the acceptance of that non-conformity by the state to which the aircraft is being exported.

  • SOR/2009-280, s. 25

Persons Who May Attest to Condition and Conformity

 No person shall make a declaration of an aircraft’s condition or conformity to its certified type design for the purpose of obtaining an Export Airworthiness Certificate in respect of the aircraft, other than

  • (a) the holder of an aircraft maintenance engineer (AME) licence issued pursuant to Part IV that is applicable to that aircraft type; or

  • (b) in the case of a new aircraft manufactured in Canada, an authorized representative of the manufacturer.

Responsibilities of the Exporter

 Where an Export Airworthiness Certificate has been issued in respect of an aircraft, the owner of the aircraft shall, on transfer of its title,

  • (a) forward to the new owner all of the documents and information required by Chapter 509 of the Airworthiness Manual;

  • (b) where the exported aircraft is disassembled, forward to the new owner the manufacturer’s assembly instructions and the other documents relating to the aircraft specified in Chapter 509 of the Airworthiness Manual; and

  • (c) ensure that the temporary equipment, if any, incorporated into the aircraft for the purpose of the export delivery flight is removed and the aircraft is restored to the configuration approved in the type certificate.

SUBPART 11[Repealed, SOR/2009-280, s. 26]

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SUBPART 13[Repealed, SOR/2009-280, s. 26]

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SUBPART 16[Repealed, SOR/2009-280, s. 26]

 [Repealed, SOR/2009-280, s. 26]

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Subpart 21 — Approval of the Type Design or a Change to the Type Design of an Aeronautical Product

Division I — General

Interpretation

 The following definitions apply in this Subpart.

aeronautical product

aeronautical product means an aircraft, aircraft engine, aircraft propeller or aircraft appliance or part, or a component part of any of those things. (produit aéronautique)

applicant

applicant means an individual or organization responsible for the design of an aeronautical product, or a representative of such an individual or organization, that makes an application for the issuance of or a change to a design approval document in respect of an aeronautical product. (demandeur)

design approval document

design approval document means a type certificate, a supplemental type certificate, a repair design approval, a part design approval or a Canadian Technical Standard Order (CAN-TSO) design approval. (document d’approbation de la conception)

foreign aeronautical product

foreign aeronautical product means an aeronautical product for which the state of design is a state other than Canada. (produit aéronautique étranger)

VLA

VLA or very light aeroplane means an aeroplane that has a single engine with a spark or compression ignition, has no more than two seats and is designed and manufactured to have

  • (a) a maximum certificated take-off weight not exceeding 750 kg; and

  • (b) a stall speed in the landing configuration (Vso) of 45 knots (52 mph) calibrated air speed (CAS), or less. (VLA ouavion très léger)

  • SOR/2009-280, s. 26
Application

 This Subpart applies to applicants for and holders of the following documents and applicants for a change to one of those documents:

  • (a) a type certificate issued under section 521.57 in respect of an aeronautical product;

  • (b) a Canadian Technical Standard Order (CAN-TSO) design approval issued under section 521.109 in respect of an appliance or a part;

  • (c) a supplemental type certificate issued under section 521.206 in respect of an aeronautical product;

  • (d) a repair design approval issued under section 521.256 in respect of an aeronautical product; and

  • (e) a part design approval issued under section 521.306 in respect of a replacement part for an aeronautical product.

  • SOR/2009-280, s. 26
Appliances and Parts

 An appliance or a part, other than a standard part, may be approved by the issuance of any one of the following:

  • (a) a Canadian Technical Standard Order (CAN-TSO) design approval;

  • (b) a type certificate, in the case of an appliance or part that is part of an aeronautical product on which it is installed;

  • (c) a supplemental type certificate, in the case of an appliance or part that is part of a change to the type design of an aeronautical product; or

  • (d) a part design approval, in the case of a part that is a replacement part.

  • SOR/2009-280, s. 26

[521.04 to 521.24 reserved]

Division II — Type Certificates

Application

 This Division applies

  • (a) in respect of the issuance of a type certificate for an aeronautical product; and

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

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

 An applicant for a type certificate 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
Aircraft Categories
  •  (1) An applicant may, in the case of an aircraft, request a type certificate in respect of the following aircraft categories or any combination of them:

    • (a) normal category;

    • (b) utility category;

    • (c) aerobatic category;

    • (d) commuter category;

    • (e) transport category; or

    • (f) restricted category.

  • (2) An applicant may, in the case of an aircraft for which no standards of airworthiness are listed in subsection 521.31(1), request a type certificate in respect of an aircraft category that is not listed in subsection (1).

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

 An applicant for a type certificate in respect of an aeronautical product shall submit to the Minister

  • (a) an application that contains the information specified on the form published by the Minister entitled Type Certificate Application;

  • (b) a description of the aeronautical product that contains, in addition to its principal design features and its specifications,

    • (i) in the case of an aircraft, a three-view drawing, the preliminary data respecting the design and performance, and the proposed operating characteristics and limitations, and

    • (ii) in the case of an aircraft engine or propeller, a general arrangement drawing, and the proposed operating characteristics and limitations;

  • (c) a proposed certification basis; and

  • (d) a certification plan that identifies

    • (i) the means to be used to demonstrate that the aeronautical product conforms to the applicable certification basis,

    • (ii) the documentation that demonstrates the conformity of the aeronautical product 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).

  • SOR/2009-280, s. 26
 
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