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

Division II — Type Certificates (continued)

Change to the Type Design Approved in a Type Certificate

 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.

  • SOR/2009-280, s. 26

[521.59 to 521.100 reserved]

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

Application

 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.

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

 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.

  • SOR/2009-280, s. 26
Application for a Canadian Technical Standard Order (CAN-TSO) Design Approval

 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.

  • SOR/2009-280, s. 26
Effective Period of an Application
  •  (1) Unless an applicant demonstrates, at the time of submitting an application for a Canadian Technical Standard Order (CAN-TSO) design approval in respect of an appliance or a part, that a longer period is required for the design, development and testing of the appliance or part, and for that reason the Minister approves a longer period, the application is effective during one of the following periods, beginning on the date of the application:

    • (a) two years, in the case of an appliance or a part other than a turbine-powered APU; or

    • (b) three years, in the case of a turbine-powered APU.

  • (2) If a Canadian Technical Standard Order (CAN-TSO) design approval is not issued within the applicable effective period referred to in subsection (1), the applicant may

    • (a) submit a new application for a Canadian Technical Standard Order (CAN-TSO) design approval; or

    • (b) apply for an extension of the effective period of the original application.

  • (3) If the effective period of an application for a Canadian Technical Standard Order (CAN-TSO) design approval is extended under paragraph (2)(b), the standards of airworthiness applicable to the appliance or part are those in force on the date that precedes, by one of the periods referred to in subsection (1), the date of the issuance of the Canadian Technical Standard Order (CAN-TSO) design approval.

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

 The Minister shall establish, in respect of an appliance or a part, a certification basis consisting of

  • (a) the applicable standards of airworthiness referred to in section 521.106 that are in force on the date of application for the Canadian Technical Standard Order (CAN-TSO) design approval; and

  • (b) any finding of equivalent safety based on any factors or design features that provide for an alternate means of compliance with the standards of airworthiness in force on the date of application for the Canadian Technical Standard Order (CAN-TSO).

  • SOR/2009-280, s. 26
Standards of Airworthiness

 The standards of airworthiness for the issuance of or a change to a Canadian Technical Standard Order (CAN-TSO) design approval in respect of an appliance or a part are

  • (a) those specified in Chapter 537 — Appliances and Parts of the Airworthiness Manual; or

  • (b) if no standards of airworthiness for the issuance of or a change to a Canadian Technical Standard Order (CAN-TSO) design approval in respect of the appliance or part are specified in Chapter 537 — Appliances and Parts of the Airworthiness Manual, the minimum performance standards specified by the Minister.

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

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

  • (a) demonstrate to the Minister that the appliance or part conforms to the certification basis established by the Minister under section 521.105;

  • (b) submit to the Minister a declaration of design and performance that contains

    • (i) the content of the certification basis,

    • (ii) a declaration attesting to the demonstration of conformity of the appliance or part with its certification basis,

    • (iii) information identifying the components of the type design of the appliance or part,

    • (iv) the rated performance of the appliance or part,

    • (v) a reference to the record documenting the means of demonstrating conformity with the certification basis, and

    • (vi) a reference to the maintenance, overhaul and repair manuals;

  • (c) make available to the Minister the means by which conformity is established; and

  • (d) submit to the Minister for approval any manuals, instructions and limitations that are required by the certification basis established in respect of the appliance or part.

  • SOR/2009-280, s. 26
Inspections and Tests

 An applicant for a Canadian Technical Standard Order (CAN-TSO) design approval in respect of an appliance or a part 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 appliance or part and that the measuring device and test equipment to be used are appropriate and calibrated for the test;

  • (b) conduct all the inspections, analyses and tests necessary to demonstrate to the Minister that the type design of the appliance or part conforms to its certification basis;

  • (c) 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 (b); and

  • (d) provide the Minister with access to the appliance or part 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 appliance or part with its certification basis, or

    • (ii) required to make a determination of the conformity of the appliance or part with its certification basis.

  • SOR/2009-280, s. 26
Issuance of a Canadian Technical Standard Order (CAN-TSO) Design Approval

 Subject to section 6.71 of the Act, the Minister shall issue a Canadian Technical Standard Order (CAN-TSO) design approval in respect of an appliance or a part if the applicant

  • (a) meets the requirements set out in section 521.107; and

  • (b) submits a signed undertaking to carry out the responsibilities specified in Division VIII.

  • SOR/2009-280, s. 26
Change to a Type Design Approved in a Canadian Technical Standard Order (CAN-TSO) Design Approval
  •  (1) The holder of a Canadian Technical Standard Order (CAN-TSO) design approval in respect of an appliance or a part who proposes to make a change to the appliance or part shall

    • (a) in the case of a change to the type design, apply for a new Canadian Technical Standard Order (CAN-TSO) design approval under section 521.103; and

    • (b) in any other case, establish procedures to ensure that the changed appliance or part continues to conform to its certification basis and make the change after the Minister accepts the procedures.

  • (2) An individual or organization, other than the holder of a Canadian Technical Standard Order (CAN-TSO) design approval in respect of an appliance or a part, who proposes to make a change or repair to the appliance or part shall make an application in respect of that appliance or part for the issuance of a Canadian Technical Standard Order (CAN-TSO) design approval, a supplemental type certificate, or a repair design approval.

  • SOR/2009-280, s. 26

[521.111 to 521.150 reserved]

Division IV — Changes to a Type Design

Application

 This Division applies

  • (a) in respect of the approval of a change to the type design of an aeronautical product; and

  • (b) to applicants for an approval of a change to the type design of an aeronautical product.

  • SOR/2009-280, s. 26
Change to a Type Design
  •  (1) Subject to section 521.153, no person shall undertake a change to the type design of an aeronautical product that has other than a negligible effect on the weight and centre-of-gravity limits, structural strength, performance, power plant operation, flight characteristics or other qualities affecting its airworthiness or environmental characteristics except in accordance with sections 521.155 to 521.160.

  • (2) In any other case, no person shall undertake a change to the type design of an aeronautical product except in accordance with section 521.154.

  • SOR/2009-280, s. 26
Change to a Type Design Requiring a New Type Certificate

 An applicant for the approval of a change to the type design of an aeronautical product shall submit an application for a new type certificate under section 521.28 if the Minister determines that the change is so extensive in relation to the design, configuration, power or weight of the product — including, in the case of an engine, its power limitations — that a substantially complete investigation by the applicant is necessary to determine conformity with the applicable certification basis.

  • SOR/2009-280, s. 26
Change Other than a Change to the Type Design

 The holder of a design approval document who proposes to make a change to an aeronautical product, other than a change to the type design referred to in subsection 521.152(1), shall establish procedures to ensure that the changed aeronautical product continues to conform to its certification basis and make the change after the Minister accepts the procedures.

  • SOR/2009-280, s. 26
Application for Approval of a Change to the Type Design

 An applicant for the approval of a change to the type design 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 Design Change Approval Application;

  • (b) a description of the change to the type design that identifies

    • (i) all parts of the type design, including all parts of the approved manuals, that are affected by the change, and

    • (ii) any re-investigations necessary to demonstrate the continued conformity of the aeronautical product with the applicable certification basis, by listing the standards of airworthiness that must be met and the means to be used to demonstrate conformity;

  • (c) a proposed certification basis; and

  • (d) a certification plan that identifies

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

    • (ii) the documentation that demonstrates that the change to the type design of the aeronautical product conforms to the applicable certification basis, and

    • (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
Effective Period of an Application
  •  (1) Unless an applicant demonstrates, at the time of submitting an application for the approval of a change to the type design of an aeronautical product, that a longer period is required for the design, development and testing of the product, and for that reason the Minister approves a longer period, the application is effective during one of the following periods, beginning on the date of the application:

    • (a) five years, in the case of a transport category aeroplane or a transport category rotorcraft; or

    • (b) three years, in the case of

      • (i) an aircraft other than an aircraft referred to in paragraph (a),

      • (ii) an aircraft engine, or

      • (iii) an aircraft propeller.

  • (2) If a change to the type design of an aeronautical product is not approved within the applicable effective period referred to in subsection (1), the applicant may

    • (a) submit a new application for the approval of a change to the type design of the aeronautical product; or

    • (b) apply for an extension of the effective period of the original application.

  • (3) If the effective period of an application for the approval of a change to the type design of an aeronautical product is extended under paragraph (2)(b), the standards of airworthiness applicable to the change are those in force on the date that precedes, by one of the periods referred to in subsection (1), the date of the approval of the change to the type design.

  • SOR/2009-280, s. 26
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 sections 521.158 and 521.159.

  • SOR/2009-280, s. 26
Standards of Airworthiness
  •  (1) Subject to subsections (2) to (9), an applicant for the approval of a change to the type design of an aeronautical product shall demonstrate that the product meets the standards of airworthiness recorded in the type certificate data sheets and in force on the date of the application for the change.

  • (2) The certification basis for the issuance of a repair design approval or a part design approval is that recorded in the type certificate data sheets, and includes any special conditions referred to in subsection (7).

  • (3) A change to the type design of an aeronautical product may conform to an earlier amendment to a standard referred to in subsection (1) if the Minister determines that the change is not significant in the context of all previous relevant design changes and of all related amendments to the applicable standards recorded in the type certificate data sheets. The change is significant if

    • (a) the general configuration or principles of construction are not retained; or

    • (b) the assumptions used in obtaining the type certificate for the aeronautical product do not remain valid.

  • (4) A change to the type design of an aeronautical product may conform to an earlier amendment to a standard referred to in subsection (1) in respect of an area, system, component, item of equipment or appliance if the Minister determines that the area, system, component, item of equipment or appliance

    • (a) is not affected by the change; or

    • (b) is affected by the change, but conformity with a standard referred to in subsection (1) would not contribute materially to the level of safety or would not be practical.

  • (5) In respect of an area, system, component, item of equipment or appliance that is affected by a change, a standard referred to in subsection (3) or (4) may not predate a standard that is recorded in the type certificate data sheets or

    • (a) in the case of a normal, utility, aerobatic and commuter category aeroplane, the standards set out in section 523.2 of Chapter 523 — Normal, Utility, Aerobatic and Commuter Category Aeroplanes of the Airworthiness Manual;

    • (b) in the case of a transport category aeroplane, the standards set out in section 525.2 of Chapter 525 — Transport Category Aeroplanes of the Airworthiness Manual;

    • (c) in the case of a normal category rotorcraft, the standards set out in section 527.2 of Chapter 527 — Normal Category Rotorcraft of the Airworthiness Manual; and

    • (d) in the case of a transport category rotorcraft, the standards set out in section 529.2 of Chapter 529 — Transport Category Rotorcraft of the Airworthiness Manual.

  • (6) The standards of airworthiness that apply in respect of a change to the type design of an aircraft, other than a rotorcraft, having a MCTOW of 2 720 kg (6,000 pounds) or less, or of a non-turbine rotorcraft having a MCTOW of 1 360 kg (3,000 pounds) or less, are those recorded in the type certificate data sheets, unless the Minister determines that

    • (a) the change is significant and requires compliance with an amendment to the standards that are recorded in the type certificate data sheets and that apply in respect of the change and with any other standards that are directly related to the change; and

    • (b) compliance with the amendment referred to in paragraph (a) would contribute materially to the level of safety and would be practical.

  • (7) An applicant for the approval of a change to the type design of an aeronautical product having a novel or unusual design feature shall comply with any special conditions that are necessary to ensure that the change provides a level of safety equivalent to that provided by the applicable certification basis determined under subsections (1) to (6), (8) and (9).

  • (8) If a change is made to the type design of a restricted category aircraft, or if a change to the type design of an aircraft results in the aircraft being reclassified as a restricted category aircraft, that aircraft must meet

    • (a) the standards of airworthiness referred to in section 521.31 applicable to that category of aircraft that are in force on the date of the application for the change; or

    • (b) the standards of airworthiness recorded in the type certificate data sheets, or an earlier amendment to a standard referred to in paragraph (a), if the standards or the amendment provide a level of safety appropriate for the intended use of that aircraft.

  • (9) An applicant for the approval of a change to the type design of an aeronautical product may elect to include in the certification basis a later amendment to the standards of airworthiness specified in subsection (1), on the condition that the applicant comply with any other amendment that is directly related to those standards.

 
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