11. The portion of item 8 of Schedule V to Subpart 4 of Part I of the Regulations before paragraph (a) in column I is replaced by the following:

12. The portion of item 9 of Schedule V to Subpart 4 of Part I of the Regulations in column I is replaced by the following:

13. The portion of item 10 of Schedule V to Subpart 4 of Part I of the Regulations in column I is replaced by the following:

14. Item 11 of Schedule V to Subpart 4 of Part I of the Regulations is replaced by the following:

15. The portion of item 12 of Schedule V to Subpart 4 of Part I of the Regulations in column I is replaced by the following:

16. The portion of item 13 of Schedule V to Subpart 4 of Part I of the Regulations in column I is replaced by the following:

17. The portion of item 14 of Schedule V to Subpart 4 of Part I of the Regulations in column I is replaced by the following:

18. The definition “identification plate” in section 200.01 of the Regulations is replaced by the following:

“identification plate” means a fireproof plate that contains the identification information referred to in section 201.08, subsection 201.09(2), section 201.10 or subsection 201.11(2); (plaque d’identification)

19. Section 201.05 of the Regulations and the heading before it are replaced by the following:

Identification of Engines, Propellers, Life-limited Components, Appliances, Parts, Balloon Baskets and Burner Assemblies

201.05 (1) No person shall operate an aircraft in flight unless each engine, propeller, life-limited component, appliance, part, balloon basket, or burner assembly for a balloon is identified in accordance with sections 201.06 to 201.11.

(2) Subject to subsections 201.10(4) and (5), the identification information required under sections 201.08 to 201.11 shall be permanently etched, engraved or stamped directly on the aeronautical product or on an identification plate securely attached to it.

20. Section 201.10 of the Regulations and the heading before it are replaced by the following:

Appliance and Part Identification

201.10 (1) Subject to subsections (4) and (5), the manufacturer of an appliance or a part — including a part approved through the issuance of a part design approval — shall place on it, in the manner specified in subsection 201.05(2), the following identification information:

(a) the name, trademark or symbol identifying the manufacturer and, if the manufacturer is an entity, its legal name;

(b) the manufacturer’s approval number; and

(c) the part number of the appliance or part.

(2) Subject to subsections (4) and (5), the manufacturer of an appliance or a part for which a Canadian Technical Standard Order (CAN-TSO) design approval has been issued under section 521.109 shall place on it, in the manner specified in subsection 201.05(2), the following additional identification information:

(a) the manufacturer’s address;

(b) the name, type or model designation of the appliance or part, if any;

(c) the serial number or the date of manufacture of the appliance or part;

(d) the letters “CAN-TSO” followed by the applicable CAN-TSO number; and

(e) any additional markings required by the applicable CAN-TSO.

(3) Subject to subsections (4) and (5), the manufacturer of an appliance or a part for which a type certificate has been issued by the Minister shall place on it, in the manner specified in subsection 201.05(2), the following additional identification information:

(a) the manufacturer’s address;

(b) the name, type or model designation of the appliance or part, if any;

(c) the serial number or the date of manufacture of the appliance or part; and

(d) the type certificate designation or a reference to the applicable standard of airworthiness.

(4) The manufacturer of an auxiliary power unit shall, in the manner specified in subsection 201.05(2), place the identification information specified in subsection (1) on the unit in an accessible location where it is not likely to become damaged, destroyed, lost or detached during normal operation or in an accident.

(5) If an appliance or a part is too small or if it is otherwise impractical to place on it some or all of the information required by subsection (1), (2) or (3), the information that cannot be placed on the appliance or part shall be placed on its container or on the authorized release certificate referred to in section 561.10 of Standard 561 — Standard for Approved Manufacturers.

21. (1) Paragraph 201.12(2)(b) of the Regulations is replaced by the following:

(b) removes or replaces an identification plate or alters the identification information on an aeronautical product that is not an aircraft if the removal, replacement or alteration is made necessary by a modification or repair to the aeronautical product that is performed in accordance with section 571.06.

(2) Subsection 201.12(3) of the Regulations is replaced by the following:

(3) Any person who removes or replaces an identification plate or alters any identification information under subsection (2) shall, before the aeronautical product is used in flight, replace the identification plate or alter the identification information in accordance with section 201.06, 201.07, 201.09, 201.10 or 201.11, as applicable.

22. Section 406.42 of the Regulations is replaced by the following:

406.42 The holder of a flight training unit operator certificate who operates an aeroplane or a helicopter shall report to the Minister, in accordance with Division IX of Subpart 21 of Part V, any reportable service difficulty related to any aircraft that it operates.

23. (1) The heading “DÉFINITIONS” before section 500.01 of the French version of the Regulations is replaced by the following:

DÉFINITION

(2) Section 500.01 of the Regulations is replaced by the following:

500.01 In this Part, “rotorcraft” means a gyroplane or a helicopter.

24. Paragraph 507.02(a) of the Regulations is replaced by the following:

(a) for which an aircraft type design has been certified by the Minister and the certification is not in respect of a restricted category aircraft;

25. Paragraph 509.03(1)(a) of the Regulations is replaced by the following:

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

26. Subparts 11 to 41 of Part V of the Regulations are replaced by the following:

SUBPART 21 — APPROVAL OF THE TYPE DESIGN OR A CHANGE TO THE TYPE DESIGN OF AN AERONAUTICAL PRODUCT

Division I — General

Interpretation

521.01 The following definitions apply in this Subpart.

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

“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)

Application

521.02 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.

Appliances and Parts

521.03 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.

[521.04 to 521.24 reserved]

Division II — Type Certificates

Application

521.25 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.

Eligibility Requirements

521.26 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.

Aircraft Categories

521.27 (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).

Application for a Type Certificate

521.28 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).

Effective Period of an Application

521.29 (1) Unless an applicant demonstrates, at the time of submitting an application for a type certificate in respect 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 type certificate is not issued within the applicable effective period referred to in subsection (1), the applicant may

(a) submit a new application for a type certificate; or

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

(3) If the effective period of an application for a type certificate is extended under paragraph (2)(b), the standards of airworthiness applicable to the aeronautical product 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 type certificate.

Certification Basis

521.30 (1) The Minister shall establish, in respect of an aeronautical product, a certification basis consisting of

(a) subject to subsections (2) to (5), the applicable standards of airworthiness referred to in section 521.31 that are in force on the date of application for the type certificate, unless the applicant

(i) elects to include in the certification basis later amendments to those standards of airworthiness, in accordance with subsection (5), or

(ii) is required to comply with later amendments to the standards of airworthiness in accordance with subsection 521.29(3);

(b) the applicable aircraft emissions standards referred to in section 521.32;

(c) any special conditions that are necessary to ensure that the type design of an aeronautical product having a novel or unusual design feature provides a level of safety equivalent to that provided by the standards of airworthiness in force on the date of application for the type certificate;

(d) 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 type certificate; and

(e) any exemptions.

(2) In the case of an aeronautical product to which no complete standards of airworthiness referred to in section 521.31 apply, the applicable standards of airworthiness are the portions of the standards of airworthiness referred to in section 521.31 that are in force on the date of application for the type certificate.

(3) In the case of an aircraft, including its engine and propeller, that is designed in accordance with the requirements of, and accepted for use by, the Department of National Defence, other than an aircraft referred to in paragraph (4)(b), the applicable standards of airworthiness are those referred to in section 521.31

(a) that are appropriate to the type of aircraft, the number and type of its engines and propellers, and its MCTOW; and

(b) that provide a level of safety equivalent to that provided by the standards of airworthiness in force on the date that the aircraft was accepted for use by that Department.

(4) In the case of an aircraft for which a type certificate in the restricted category is requested, the applicable standards of airworthiness are

(a) the standards of airworthiness referred to in section 521.31 that are in force on the date of application for the type certificate, except for those that are inappropriate for the use specified on the application for the type certificate; or

(b) the design and performance requirements established by the Department of National Defence in respect of the aircraft on the date that the aircraft was accepted for use by that Department.

(5) An applicant may elect to include in the certification basis later amendments to the applicable standards of airworthiness referred to in subsections (1) to (4), if the applicant complies with any other amendment that is directly related to those standards.

Standards of Airworthiness

521.31 (1) For the issuance of a type certificate in respect of an aeronautical product, the standards of airworthiness, including the aircraft categories set out in subsection 521.27(1), are those specified in the following chapters of the Airworthiness Manual, as applicable:

(a) Chapter 522 — Gliders and Powered Gliders;

(b) Chapter 523 — Normal, Utility, Aerobatic and Commuter Category Aeroplanes;

(c) Chapter 523 – VLA — Very Light Aeroplanes;

(d) Chapter 525 — Transport Category Aeroplanes;

(e) Chapter 527 — Normal Category Rotorcraft;

(f) Chapter 529 — Transport Category Rotorcraft;

(g) Chapter 531 — Manned Free Balloons;

(h) Chapter 533 — Aircraft Engines;

(i) Chapter 535 — Propellers; and

(j) Chapter 541 — Airships.

(2) The standards of airworthiness for the design and installation of an item of aircraft equipment required by Part VI or VII are

(a) those specified in Chapter 551 — Aircraft Equipment and Installation of the Airworthiness Manual; or

(b) if no standards of airworthiness for the design and installation of the item of aircraft equipment are specified in Chapter 551 — Aircraft Equipment and Installation of the Airworthiness Manual, those specified in the certification basis of the aircraft on which the equipment is installed.

Aircraft Emissions Standards

521.32 The aircraft emissions standards applicable to the issuance of a type certificate are the following:

(a) in the case of an aircraft other than an aircraft for which certification is requested in the restricted category for use in agricultural operations or fire prevention and suppression, the noise standards specified in Subchapter A of Chapter 516 — Aircraft Emissions of the Airworthiness Manual;

(b) in the case of a turbine-powered aircraft, the standards respecting the prevention of intentional fuel venting specified in Subchapter B of Chapter 516 — Aircraft Emissions of the Airworthiness Manual; and

(c) in the case of an aircraft engine, the smoke and gaseous aircraft emissions standards specified in Subchapter B of Chapter 516 — Aircraft Emissions of the Airworthiness Manual.

Conformity with Certification Basis

521.33 An applicant for a type certificate in respect of an aeronautical product shall

(a) demonstrate to the Minister that the aeronautical product conforms to the certification basis established by the Minister under section 521.30;

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

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

[521.34 to 521.43 reserved]

Inspections and Tests

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.

Test Flights

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.

Test Flight Operations

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.

Function and Reliability Test Flights

521.47 (1) Subject to subsection (3), an applicant for a type certificate in respect of an aircraft shall conduct one or more function and reliability test flights in order to demonstrate to the Minister that the aircraft, its components and its equipment are reliable and function properly.

(2) A function and reliability test flight shall consist of

(a) in the case of an aircraft that uses a turbine engine of a type not previously used in an aircraft for which a type certificate has been issued, at least 300 hours of operation of the aircraft with a full complement of engines that conform to a type certificate or to an equivalent certificate issued by the airworthiness authority of a foreign state with which Canada has an airworthiness agreement or similar arrangement; or

(b) in the case of every other aircraft, at least 150 hours of operation of the aircraft.

(3) Subsection (1) does not apply in respect of

(a) the following aircraft:

(i) aeroplanes having a MCTOW of 2 720 kg (6,000 pounds) or less,

(ii) gliders,

(iii) airships having a seating configuration, excluding pilot seats, of nine or less,

(iv) manned free balloons, or

(v) restricted category aircraft; or

(b) a change to a type design, unless otherwise determined by the Minister taking into consideration the certification plan submitted under paragraph 521.28(d).

[521.48 to 521.56 reserved]

Issuance of a Type Certificate

521.57 (1) Subject to section 6.71 of the Act, the Minister shall issue a type certificate in respect of an aeronautical product if the applicant

(a) submits the declaration required under paragraph 521.33(b);

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

(c) meets the requirements set out in subsection (2) or (3) in respect of the category of the aeronautical product.

(2) An applicant for a type certificate in respect of an aeronautical product other than a restricted category aircraft shall demonstrate to the Minister that

(a) the type design of the aeronautical product conforms to its certification basis;

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

(c) subject to paragraph (d), any test flights required under paragraph 521.44(c) and section 521.47 have been conducted; and

(d) if the function and reliability test flights required under section 521.47 have not been completed, a program exists to ensure their completion before the later of the delivery of the first aircraft and the issuance of the certificate of airworthiness.

(3) An applicant for a type certificate in respect 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

(i) has a type design that conforms to its certification basis, or

(ii) is of a type manufactured in accordance with the requirements of, and accepted for use by, the Department of National Defence and has been modified for its intended use.

Change to the Type Design Approved in a Type Certificate

521.58 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.

[521.59 to 521.100 reserved]

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

Application

521.101 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.

Eligibility Requirements

521.102 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.

Application for a Canadian Technical Standard Order (CAN-TSO) Design Approval

521.103 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.

Effective Period of an Application

521.104 (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.

Certification Basis

521.105 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).

Standards of Airworthiness

521.106 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.

Conformity with Certification Basis

521.107 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.

Inspections and Tests

521.108 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.

Issuance of a Canadian Technical Standard Order (CAN-TSO) Design Approval

521.109 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.

Change to a Type Design Approved in a Canadian Technical Standard Order (CAN-TSO) Design Approval

521.110 (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.

[521.111 to 521.150 reserved]

Division IV — Changes to a Type Design

Application

521.151 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.

Change to a Type Design

521.152 (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.

Change to a Type Design Requiring a New Type Certificate

521.153 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.

Change Other than a Change to the Type Design

521.154 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.

Application for Approval of a Change to the Type Design

521.155 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).

Effective Period of an Application

521.156 (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.

Certification Basis

521.157 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.

Standards of Airworthiness

521.158 (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.

Aircraft Emissions Standards

521.159 (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.

Conformity with Certification Basis

521.160 (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

521.161 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.

[521.162 to 521.200 reserved]

Division V — Supplemental Type Certificates

Application

521.201 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.

Eligibility Requirements

521.202 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.

Application for a Supplemental Type Certificate

521.203 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

521.204 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.

Conformity with Certification Basis

521.205 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.

Issuance of a Supplemental Type Certificate

521.206 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.

Change to a Type Design Approved in a Supplemental Type Certificate

521.207 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.

[521.208 to 521.250 reserved]

Division VI — Repair Design Approvals

Application

521.251 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.

Eligibility Requirements

521.252 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.

Application for a Repair Design Approval

521.253 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.

Certification Basis

521.254 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.

Conformity with Certification Basis

521.255 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.

Issuance of a Repair Design Approval

521.256 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.

Change to a Repair Design Approved in a Repair Design Approval

521.257 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.

[521.258 to 521.300 reserved]

Division VII — Part Design Approvals

Application

521.301 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.

Eligibility Requirements

521.302 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.

Application for a Part Design Approval

521.303 (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.

Certification Basis

521.304 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.

Conformity with Certification Basis

521.305 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.

Issuance of a Part Design Approval

521.306 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.

Change to a Part Design Approved in a Part Design Approval

521.307 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.

[521.308 to 521.350 reserved]

Division VIII — Responsibilities of a Design Approval Document Holder

Application

521.351 This Division applies to holders of a design approval document.

Technical Capability

521.352 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.

Service Difficulty Reporting

521.353 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.

Establishing a Service Difficulty Reporting System

521.354 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.

Investigation of Service Difficulty Reports

521.355 (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

521.356 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.

Transfer

521.357 (1) Subject to subsection (2), the Minister shall approve the transfer of a design approval document in respect of an aeronautical product from the holder of the design approval document to a transferee if

(a) the holder

(i) notifies the Minister in writing of the intention to transfer the design approval document,

(ii) provides the Minister with the legal name, address and telephone number of the transferee,

(iii) provides the Minister with the number of the design approval document, the legal name of the manufacturer and the model designation of the aeronautical product that is the subject of the transfer,

(iv) returns to the Minister the original design approval document signed by the holder, and

(v) provides the transferee with the type design of the aeronautical product that is the subject of the transfer and the records specified in paragraph 521.365(a); and

(b) the transferee

(i) applies for the issuance of an amended design approval document,

(ii) complies with the requirements set out in section 521.352, and

(iii) submits a signed undertaking to carry out the responsibilities specified in this Division.

(2) If the transfer involves a foreign state, the holder of the design approval document and the transferee shall comply with the provisions of any airworthiness agreement or similar arrangement that exists between Canada and the foreign state involved in the transfer.

[521.358 to 521.364 reserved]

Record Keeping

521.365 The holder of a design approval document in respect of an aeronautical product shall

(a) establish and maintain a system for recording

(i) the type design of the aeronautical product,

(ii) the analyses, tests and inspections that were conducted to demonstrate the conformity of the aeronautical product with its certification basis,

(iii) the certification plan and record and the declaration attesting to the demonstration of conformity of the aeronautical product with its certification basis,

(iv) the data developed by the holder and required to maintain the aeronautical product in an airworthy condition, and

(v) the distribution or initial sale of the aeronautical product;

(b) at the request of the Minister, make available to the Minister the design approval document, the type design and any of the information recorded under paragraph (a); and

(c) notify the Minister in writing if the holder no longer intends to make the records specified in paragraph (a) available for the purpose of manufacture, modification, repair or installation of the aeronautical product or for maintaining the airworthiness of the aeronautical product.

Loss or Disposal of Records

521.366 (1) No person shall dispose of or destroy the records containing the information recorded under paragraph 521.365(a) without the written authorization of the Minister.

(2) The holder of a design approval document in respect of an aeronautical product shall notify the Minister in writing if the records containing the information recorded under paragraph 521.365(a) are lost or destroyed.

Manuals

521.367 (1) The holder of a design approval document in respect of an aeronautical product shall develop and maintain the manuals and their supplements that are required by the certification basis of the aeronautical product and are required to support the operation of the product in service, including

(a) an installation manual;

(b) an operating manual;

(c) a maintenance manual;

(d) an overhaul manual;

(e) servicing instructions;

(f) instructions for continued airworthiness;

(g) an illustrated parts manual; and

(h) service bulletins or equivalent documents.

(2) The holder of a design approval document other than a Canadian Technical Standard Order (CAN-TSO) Design Approval in respect of an appliance or a part shall develop and maintain the manuals and their supplements that are required by the certification basis of the aeronautical product and are required to support the operation of the product in service, including

(a) an aircraft flight manual;

(b) a structural repair manual;

(c) supplemental integrity instructions;

(d) a master minimum equipment list; and

(e) a maintenance review board report.

(3) The holder of a design approval document in respect of an aeronautical product shall, on request, provide the Minister with up to six copies of the manuals and their supplements referred to in subsections (1) and (2), at no cost, in a format agreed to by the Minister.

Instructions for Continued Airworthiness

521.368 If the certification basis of an aeronautical product requires that instructions for continued airworthiness be developed, the holder of a design approval document in respect of the aeronautical product shall

(a) provide the instructions for continued airworthiness

(i) in the case of an aeronautical product other than an aircraft, to each owner of the aeronautical product on the date of its delivery, and

(ii) in the case of an aircraft, to each owner of the aeronautical product on the later of the date of its delivery and the date of the issuance of its first certificate of airworthiness;

(b) provide any change to the instructions for continued airworthiness

(i) in the case of an aeronautical product other than an aircraft, to each of its owners, and

(ii) in the case of an aircraft, to each of its operators;

(c) make available to any person referred to in subsection 571.02(1) the instructions for continued airworthiness and any changes to those instructions; and

(d) submit to the Minister a plan that identifies how changes to the instructions for continued airworthiness will be made available and distributed to any person referred to in paragraph (a), (b) or (c).

Supplemental Integrity Instructions

521.369 (1) This section applies in respect of an aeroplane for which a type certificate has been issued and that is

(a) a commuter category aeroplane operated under Subpart 4 of Part VII; or

(b) a transport category aeroplane operated under Subpart 4 or 5 of Part VII.

(2) Before an aeroplane referred to in subsection (1) meets the applicable in-service criterion specified in subsection (3), the holder of the type certificate in respect of the aeroplane shall

(a) develop supplemental integrity instructions in accordance with subsection (4) and submit them to the Minister for approval in accordance with subsection (5); and

(b) on their approval, make the supplemental integrity instructions available to each owner and each operator of an aeroplane of that type.

(3) The in-service criterion that determines whether supplemental integrity instructions are required in respect of the aeroplane is that

(a) the aeroplane reaches the design life goal — which is the expected period of operational service of the aeroplane — as established by the type certificate holder, and a corrosion protection and control program is in place; or

(b) the aeroplane completes 20 years of service and

(i) no corrosion protection and control program is in place, or

(ii) no design life goal has been established.

(4) The supplemental integrity instructions required under subsection (2) shall

(a) specify a method for maintaining the conformity of the aeroplane with its certification basis;

(b) incorporate any recommendation resulting from a detailed engineering assessment of the primary airframe structure of the aeroplane and from the service history of that aeroplane;

(c) identify, for periodic review, all principal structural elements whose failure could result in the loss of the aeroplane or significantly reduce the overall structural strength of its airframe;

(d) contain a supplemental structural integrity document that consists of

(i) a description of each principal structural element that has been selected for supplementary inspection, modification or replacement, and its structural location, component or damage site,

(ii) a description of the type of damage expected — such as fatigue, corrosion, delamination, disbondment, accidental damage or multiple-site damage — for each structural location identified, and

(iii) a reference to any existing maintenance manual or service bulletin intended for the aeroplane;

(e) recommend, for each principal structural element that has been selected for supplementary inspection under paragraph (d),

(i) an initial or threshold inspection and the intervals for repeat inspections, and

(ii) inspection methods and inspection procedures appropriate for the type of damage referred to in subparagraph (d)(ii), including any alternatives to the intervals for inspections and to the methods and procedures used;

(f) specify any modifications, replacements or corrosion control measures, optional or mandatory, that could change or terminate the inspection requirements set out in paragraph (e); and

(g) provide guidance for reporting to the Minister the findings from any inspection conducted using the supplemental structural integrity document.

(5) The Minister shall approve the supplemental integrity instructions submitted in respect of an aeroplane if the Minister determines that the instructions provide a level of safety equivalent to that provided by the standards of airworthiness in force at the time the type certificate was issued in respect of the aeroplane.

(6) The holder of a type certificate in respect of an aeroplane who proposes to make a change to the supplemental integrity instructions for the aeroplane shall

(a) submit the change to the Minister for approval; and

(b) on approval of the change, make the changed instructions available to each owner and each operator of an aeroplane of that type.

[521.370 to 521.400 reserved]

Division IX — Service Difficulty Reporting

Form and Submission

521.401 (1) A person who is required to report a service difficulty shall submit to the Minister, for each reportable service difficulty, a separate service difficulty report that contains the information specified in the form published by the Minister entitled Service Difficulty Report.

(2) A service difficulty report shall be submitted

(a) by electronic means, such as the Transport Canada web service difficulty reporting system; or

(b) by mail or courier.

Time Limits

521.402 (1) Subject to subsection (2), a person who is required to report a service difficulty shall submit a service difficulty report to the Minister within three working days after the day on which the reportable service difficulty is discovered.

(2) If all of the information required under subsection 521.401(1) is not available within the period specified in subsection (1), an interim service difficulty report containing the following elements may be submitted to the Minister in a manner specified in subsection 521.401(2) within three working days after the day on which the reportable service difficulty is discovered:

(a) the aircraft registration, if applicable;

(b) the date of the occurrence of the reportable service difficulty;

(c) a description of the reportable service difficulty; and

(d) the name, mailing address, and telephone and fax numbers of the person submitting the report.

(3) The person submitting the interim service difficulty report shall submit a complete service difficulty report that complies with the requirements set out in subsection 521.401(1) within 14 days after the day on which the reportable service difficulty is discovered.

Service Difficulty Report Not Required

521.403 A service difficulty report is not required for a reportable service difficulty that has been reported by another person or organization.

[521.404 to 521.425 reserved]

Division X — Airworthiness Directives

Application

521.426 This Division applies in respect of aeronautical products for which a design approval document has been issued or accepted by the Minister.

Conditions for Issuance

521.427 (1) The Minister shall issue an airworthiness directive in respect of an aeronautical product if

(a) an unsafe condition exists in the aeronautical product and the condition is likely to exist or develop in other aeronautical products;

(b) it is necessary to modify or cancel the requirements of an airworthiness directive issued by the foreign airworthiness authority having jurisdiction over the type design of the aeronautical product because the Minister considers the airworthiness directive inappropriate for reasons related to the environment, safety, the delayed receipt of an instruction issued by the foreign airworthiness authority or reliance on foreign legislation; or

(c) it is necessary to modify or cancel a Canadian airworthiness directive that is in force, because a condition for issuance referred to in paragraph (a) or (b) has changed or ceased to exist.

(2) The airworthiness directive shall

(a) identify the unsafe condition;

(b) identify the affected aeronautical products;

(c) specify the corrective actions required;

(d) specify the schedule for completion of the required corrective actions; and

(e) specify its effective date.

(3) This section does not apply if the unsafe condition referred to in paragraph 521.427(1)(a) is rectified by a corrective action taken under section 521.356.

Distribution

521.428 The Minister shall distribute an airworthiness directive to

(a) the registered owner of a Canadian aircraft affected by the airworthiness directive;

(b) the manufacturer of an aeronautical product and the holder of the design approval document in respect of the aeronautical product; and

(c) the airworthiness authority of all known states of registry of the aircraft.

[521.429 to 521.450 reserved]

Division XI — Foreign Aeronautical Products

Application

521.451 This Division applies

(a) in respect of the issuance of a design approval document for a foreign aeronautical product; and

(b) to applicants for and holders of a design approval document in respect of a foreign aeronautical product.

Eligibility Requirements

521.452 An applicant for a design approval document in respect of a foreign aeronautical product shall demonstrate to the Minister that the foreign airworthiness authority having jurisdiction over the type design of the foreign aeronautical product has issued or will issue a document equivalent to a design approval document in respect of that foreign aeronautical product.

Application for a Design Approval Document

521.453 (1) Subject to subsection (2), an applicant for a design approval document in respect of a foreign aeronautical product shall submit an application to the Minister as specified in

(a) section 521.28, in the case of a type certificate;

(b) section 521.103, in the case of a Canadian Technical Standard Order (CAN-TSO) design approval;

(c) section 521.203, in the case of a supplemental type certificate;

(d) section 521.253, in the case of a repair design approval; and

(e) section 521.303, in the case of a part design approval.

(2) An applicant for a design approval document in respect of a foreign aeronautical product shall submit an application in accordance with the provisions of any airworthiness agreement or similar arrangement that exists between Canada and the state of design of the foreign aeronautical product.

Exceptions

521.454 Paragraphs 521.44(a) and (b), section 521.47 and paragraph 521.108(a) do not apply in respect of a foreign aeronautical product.

Issuance of a Design Approval Document

521.455 (1) Subject to subsection (2), if the foreign airworthiness authority having jurisdiction over the type design of a foreign aeronautical product has issued or will issue a document equivalent to a design approval document in respect of the foreign aeronautical product, the Minister shall issue a design approval document if the applicant

(a) complies with the requirements set out in the division applicable to the design approval document that is the subject of the application; and

(b) demonstrates that the foreign aeronautical product conforms to the standards of airworthiness and the aircraft emissions standards referred to in the division applicable to the design approval document that is the subject of the application and that

(i) are in force on the date on which the application for the document equivalent to the design approval document was submitted to the foreign airworthiness authority having jurisdiction over the type design of the foreign aeronautical product, or

(ii) are recorded by the foreign airworthiness authority in the type certificate data sheets in respect of that foreign aeronautical product.

(2) If the airworthiness authority of a foreign state has entered into an airworthiness agreement or similar arrangement with Canada, the Minister shall conduct a type design examination of the foreign aeronautical product that is the subject of the application to determine if the type design of that foreign aeronautical product provides a level of safety equivalent to that specified in this Subpart.

(3) If the Minister determines that the type design of the foreign aeronautical product provides a level of safety equivalent to that specified in this Subpart, the Minister shall, in accordance with the provisions of the airworthiness agreement or similar arrangement referred to in subsection (2), issue a design approval document or accept the design approval document issued by the foreign airworthiness authority in respect of the foreign aeronautical product.

Changes to a Type Design

521.456 (1) If the holder of a design approval document issued under section 521.455 makes a change to the type design of a foreign aeronautical product that alters a condition or limitation prescribed for the foreign aeronautical product by the foreign airworthiness authority having jurisdiction over the type design of the foreign aeronautical product, the change shall be approved by that airworthiness authority and is subject to a type design examination by the Minister.

(2) If the Minister determines that the change to the type design of the foreign aeronautical product provides a level of safety equivalent to that specified in this Subpart, the Minister shall, in accordance with the provisions of the airworthiness agreement or similar arrangement referred to in subsection 521.455(2), issue an amended design approval document or accept the design approval document issued by the foreign airworthiness authority in respect of the change to the type design of the foreign aeronautical product.

27. Subpart 51 of Part V of the Regulations is repealed.

28. The definition “design approval” in section 561.01 of the Regulations is replaced by the following:

“design approval” means a type certificate, a supplemental type certificate, a part design approval, a Canadian Technical Standard Order (CAN-TSO) design approval or a document equivalent to any of those documents that is issued by the airworthiness authority of a foreign state; (approbation de conception)

29. Section 561.15 of the Regulations is replaced by the following:

561.15 The holder of a manufacturer certificate shall report to the Minister, in accordance with Division IX of Subpart 21 of Part V, any reportable service difficulty related to an aeronautical product being manufactured.

30. Subsection 571.07(3) of the Regulations is amended by adding “or” at the end of paragraph (b) and by replacing paragraphs (c) and (d) with the following:

(c) is a part that was not originally designed and manufactured for aeronautical use but has been approved for use on the aeronautical product in the type design.

31. Paragraph 4(2)(a) of Schedule II to Subpart 71 of Part V of the Regulations is amended by replacing “TSO C91/C91a” with “CAN-TSO-C91/C91a”.

32. Section 573.12 of the Regulations is replaced by the following:

573.12 The holder of an approved maintenance organization (AMO) certificate shall report to the Minister, in accordance with Division IX of Subpart 21 of Part V, any reportable service difficulty related to an aeronautical product being maintained.

33. Subparts 91 and 93 of Part V of the Regulations are repealed.

34. The Regulations are amended by adding the following after section 604.27:

Service Difficulty Reporting

604.28 The holder of a certificate shall report to the Minister, in accordance with Division IX of Subpart 21 of Part V, any reportable service difficulty related to any aircraft that it operates.

35. (1) Paragraph 605.84(1)(b) of the Regulations is replaced by the following:

(b) meets the requirements of any airworthiness directive issued under section 521.427; and

(2) Subsection 605.84(2) of the Regulations is replaced by the following:

(2) In the case of a conflict between an airworthiness directive issued by the Minister under section 521.427 and a foreign notice, the airworthiness directive prevails.

36. Section 706.14 of the Regulations is replaced by the following:

706.14 The holder of an air operator certificate shall report to the Minister, in accordance with Division IX of Subpart 21 of Part V, any reportable service difficulty related to any aircraft that it operates.

37. The Regulations are amended by replacing “TSO” with “CAN-TSO” in the following provisions:

(a) paragraph 702.46(1)(a);

(b) paragraph 702.46(2)(a);

(c) paragraphs 703.70(1)(a);

(d) paragraphs 703.70(2)(a) and (b);

(e) paragraphs 704.70(1)(a) and (b);

(f) paragraph 704.70(2)(a);

(g) paragraph 704.70(3)(a);

(h) paragraph 705.83(1)(a); and

(i) paragraph 705.83(2)(b).

38. The English version of the Regulations is amended by replacing “TSO” with “CAN-TSO” in the following provisions:

(a) paragraph 705.83(2)(a); and

(b) paragraph 705.83(3)(a).

39. The Regulations are amended by replacing “TSO-C112” with “CAN-TSO-C112” in the following provisions:

(a) the definition “Mode S transponder” in subsection 101.01(1);

(b) paragraph 702.46(1)(b);

(c) paragraph 702.46(2)(b);

(d) paragraph 703.70(1)(b);

(e) paragraph 703.70(2)(b);

(f) paragraph 704.70(1)(b);

(g) paragraph 704.70(2)(b);

(h) paragraph 704.70(3)(b);

(i) paragraph 705.83(1)(b);

(j) paragraph 705.83(2)(b); and

(k) paragraph 705.83(3)(b).

40. The Regulations are amended by replacing “TSO C118” with “CAN-TSO-C118” in the following provisions:

(a) paragraph 703.70(2)(a);

(b) paragraph 704.70(1)(a); and

(c) paragraph 705.83(2)(a).

41. The Regulations are amended by replacing “TSO C119a” with “CAN-TSO-C119a” in the following provisions:

(a) paragraph 702.46(2)(a);

(b) paragraph 703.70(2)(b);

(c) paragraph 704.70(1)(b);

(d) paragraph 704.70(2)(a);

(e) paragraph 705.83(1)(a); and

(f) paragraph 705.83(2)(b);

42. The Regulations are amended by replacing “TSO C119b” with CAN-TSO-C119b” in the following provisions:

(a) paragraph 702.46(1)(a);

(b) paragraph 703.70(1)(a);

(c) paragraph 704.70(3)(a); and

(d) paragraph 705.83(3)(a).

COMING INTO FORCE

43. These Regulations come into force on December 1, 2009.

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

The Regulations Amending the Canadian Aviation Regulations provide a new consolidated structure for the requirements governing the certification of aeronautical products (i.e. aircraft, equipment and parts) by regrouping current Part V — Airworthiness — of the Canadian Aviation Regulations (CARs) and standards under a new Subpart 21 — Approval of the Type Design or a Change to the Type Design of an Aeronautical Product.

These amendments

• streamline the core requirements associated with the Canadian aircraft certification processes by amalgamating the procedural requirements of 16 Subparts of the CARs and four Standards into one new Subpart of the CARs, as it is done in the United States and Europe;
• make consequential amendments to the CARs resulting from the amalgamation of the procedural requirements;
• meet Canada’s international obligations by further harmonizing the procedural requirements with the standards of the International Civil Aviation Organization (ICAO); and
• meet the Government-wide goal to reduce the regulatory and administrative burden on users faced with a complex system of requirements to be met through the certification process.

Description and rationale

The current Canadian regulatory structure governing the certification of aeronautical products is different from that of other civil aviation authorities with whom Canada has agreements (e.g. the Federal Aviation Administration in the United States, the European Aviation Safety Agency in Europe). This structural difference is inefficient for the Canadian aeronautical product industry and its international partners, and requires complex regulatory efforts whenever Part V of the CARs needs to be amended to mirror international requirements. These amendments eliminate the structural differences and inefficiencies by introducing a single certification process that applies equally to all of the industry and to all aeronautical products. The new Subpart removes redundancies in requirements, clarifies accountabilities and results in requirements that are recognizable and acceptable to our international partners.

These amendments also harmonize the CARs with the ICAO requirements regarding the responsibility for certificate holders to establish and maintain a system for receiving, recording, investigating, analyzing and reporting information related to service difficulty occurrences.

Consultation

This proposal was presented to all members of the Part II and Part V Technical Committees of the Canadian Aviation Regulation Advisory Council, which includes representatives of government, manufacturers, associations, unions, operators and airlines, at meetings held in November 2004 and January 2005. In September 2007, all indicated their support. It is not expected that these amendments will raise controversy, as the Canadian industry is already in compliance with the ICAO requirements that are adopted in the regulations. Civil Aviation Regulatory Affairs sent a letter to the affected stakeholders in July 2008, informing them of the Minister’s intention to move forward with this initiative. This letter did not generate comments, confirming continued support for these amendments.

Implementation, enforcement and service standards

These requirements will be enforced through the assessment of monetary penalties imposed under sections 7.6 to 8.2 of the Aeronautics Act, through suspension of, cancellation of or refusal to renew a Canadian aviation document under section 103.07 of the CARs or by way of summary conviction as per section 7.3 of the Aeronautics Act.

Contact

Chief
Regulatory Affairs
AARBH
Safety and Security
Transport Canada
Place de Ville, Tower C
Ottawa, Ontario
K1A 0N8
Telephone — general inquiries: 613-993-7284 or 1-800-305-2059
Fax: 613-990-1198
Internet address: www.tc.gc.ca