EXEMPTION FROM APPENDIX F and SUBSECTION 507.03(5) OF STANDARD 507 — FLIGHT AUTHORITY AND CERTIFICATE OF NOISE COMPLIANCEAND SUBSECTION 507.03(a) OF THE CANADIAN AVIATION REGULATION

Pursuant to subsection 5.9(2) of the Aeronautics Act, and after taking into account that the exemption is in the public interest and is not likely to affect aviation safety, I hereby exempt persons who apply for a special certificate of airworthiness in the limited classification from compliance with the requirements of Appendix F and subsection 507.03(5) of Standard 507 - Flight Authority and Certificate of Noise Compliance made pursuant to paragraph 507.03(a) of the Canadian Aviation Regulations (CARs), subject to the condition of this exemption.

Subsection 507.03(a) of the CARs stipulates that where an application for a flight authority is made pursuant to Section 507.06, the Minister shall issue a special certificate of airworthiness in respect of an aircraft that meets the criteria for one of the classifications of a special certificate of airworthiness specified in Standard 507.

Subsection 507.03(5) of the Standard 507 states that a Special Certificate of Airworthiness in the Limited classification is issued by the Minister for:

1. aircraft for which a flight permit (Private) had been issued on or before January 1, 1989;
2. aeroplanes of a type which have been accepted for use in the military service and which are approved by the Minister for operations, other than those conducted under CAR Part IV or CAR Part VII, providing the aeroplane has been maintained to standards acceptable to the Minister which afford a level of safety at least equivalent to that provided by the maintenance standards set out in Chapter 571 of this manual and has been subject to evaluation leading to its acceptance by the Minister; or
3. any other aircraft, except a rotorcraft, that has been approved by the Minister for operations other than those conducted under CAR Part IV or CAR Part VII.

Appendix F - Standards Respecting Ex-military Aircraft to Standard 507 outlines the criteria for the limited classification.

PURPOSE

The purpose of this exemption is to exempt persons who apply for a special certificate of airworthiness in the limited classification from compliance with the requirements of Appendix F of Standard 507, made pursuant to section 507.03 of the CARs.

Application
This exemption applies to persons who apply for a special certificate of airworthiness in the limited classification.

Condition
This exemption is subject to the following condition:

1. Persons who apply for a special certificate of airworthiness in the limited classification shall comply with the requirements of Appendix A to this exemption.

VALIDITY

This exemption comes into effect on August 13, 2010 at 00:01 EDT until the earliest of the following:

1. the date on which an amendment to the appropriate provisions of the Canadian Aviation Regulations comes into effect;
2. the date on which the condition set out in this exemption is breached; or
3. the date on which this exemption is cancelled in writing by the Minister where he or she is of the opinion it is no longer in the public interest, or is likely to affect aviation safety.

CANCELLATION

The exemption from Appendix F to Standard 507, subsection 507.03(5) of the Flight Authority and Certificate of Noise Compliance Standard and paragraph 507.03(a) of the Canadian Aviation Regulations, issued to persons who apply for a special certificate of airworthiness in the limited classification, on 17 November 2005 at Ottawa, Ontario, Canada, by the Director, Aircraft Maintenance and Manufacturing, on behalf of the Minister of Transport, is hereby canceled because it is the opinion of the Minister that it is no longer in the public interest or is likely to affect aviation safety.

Dated at Ottawa Canada this 12th day of August 2010, on behalf of the Minister of Transport

[original signed by Jacqueline Booth for Don Sherritt)

Don Sherritt
Director, Standards
Civil Aviation
Transport Canada

Appendix A

Part I - Special Certificate of Airworthiness – Limited

(1) A Special Certificate of Airworthiness [C of A] – Limited may be issued in respect of an aircraft that is not:

1. an aircraft in respect of which a type certificate has been issued; or
2. an aircraft in respect of which a type certificate has been issued by a foreign civil aviation authority and that is currently in production:

Information notes:
(i) CAR 101.01 defines “type certificate” as follows:
“"type certificate" means a document issued by
(a) the Minister certifying that the type design of an aircraft, aircraft engine, aircraft propeller or aircraft appliance meets the applicable standards for that aeronautical product, as recorded in the type certificate data sheets, and includes a type approval issued before October 10, 1996 under section 214 of the Air Regulations; or
(b) the foreign airworthiness authority having jurisdiction over the type design of an aeronautical product that is equivalent to a document referred to in paragraph (a) and has been accepted by the Minister for the purpose of issuing a certificate of airworthiness; (certificat de type)”

(ii) Flight Permits – Specific Purpose – Exhibition, issued prior to June 2001, will be replaced by a Special Certificate of Airworthiness – Limited.

(2) Aircraft operating pursuant to a Special C of A – Limited are subject to such operating limitations and additional maintenance requirements as the Minister determines necessary for the safety of the aircraft, its occupants, and other persons or property.

(3) Aircraft operating pursuant to a Special C of A – Limited shall not be modified in a way that affects their structural strength, performance, power plant operation, flight characteristics or environmental characteristics, without the authorization of the Minister; the aircraft flight manual or equivalent document shall not be altered in any way without the authorization of the Minister.

Information note: Any modification of the kind described in paragraph (3) above necessitates a re-evaluation of the aircraft’s acceptance for a Special C of A – Limited.

(4) Aircraft operating pursuant to a Special C of A – Limited, that are approved for the carriage of passengers, shall have a placard containing the following statement either displayed so that it is readily legible from each passenger station or on the side of the fuselage:

YOU FLY IN THIS AIRCRAFT AT YOUR OWN RISK.
THIS AIRCRAFT DOES NOT COMPLY
WITH INTERNATIONALLY RECOGNIZED STANDARDS.

VOUS VOLEZ À BORD DE CET AÉRONEF À VOS PROPRES RISQUES.
CET AÉRONEF N’EST PAS CONFORME
 AUX NORMES RECONNUES À L'ÉCHELLE INTERNATIONALE.

(5) If the placard required in subsection (4) is displayed on the side of the fuselage, it shall be in a position that is readily legible to persons entering the aircraft, in letters at least 10 mm (3/8 in.) high and of a colour contrasting with the background.

Part II - Standards Respecting the Issuance of a Special C of A – Limited

1. General
(1) Applications for Special C of A – Limited will be evaluated in accordance with the procedures outlined in this Part. The evaluation is in four stages:

1. initial evaluation to determine aircraft eligibility;
2. identification of standard operating conditions;
3. identification of standard maintenance conditions; and
4. subjective evaluation of any specific features that may modify the standard conditions.

Information note: If the initial evaluation results in an aircraft type being found ineligible, examples of the type will not qualify for a Special C of A – Limited, regardless of their condition or any other factors. Therefore, before making any commitment to purchase a non type-certified aircraft,  applicants are strongly advised to contact Transport Canada and obtain confirmation of the aircraft’s eligibility.

2. Initial evaluation for eligibility
(1) The Minister shall be satisfied that the aircraft meets the requirements of paragraph (1) of Part I of this Appendix.

(2) The Minister shall be satisfied that, subject to appropriate conditions and limitations, the aircraft can be maintained in a safe condition and operated without undue risk to its occupants or to other persons or property.

(3) The applicant shall show that sufficient applicable information, equipment, and supplies are available to enable the proper maintenance of the aircraft, and that suitably trained and experienced persons are available to perform the work.

(4) The following documentation must be provided in either English or French:

1. evidence of the manufacturer and the place and date of manufacture;
2. type and model data, including drawings or other technical data required to perform the conformity inspection;
3. technical records for the airframe, engine and propeller, in sufficient detail to meet the requirements of Division IV of CAR 605;
4. a current Weight and Balance report; and
5. a flight manual or equivalent document that includes sufficient information to enable the safe operation of the aircraft.

Information note: The flight manual or equivalent document must be appropriate and sufficiently detailed to allow the safe operation of the aircraft. Where necessary, the Minister may require additional procedures or limitations to be included in a supplement to the document. A list of effective pages or equivalent means must be provided to ensure the document is complete and up to date. The document will be directly referenced as a condition of the flight authority, to ensure that all flight operations are conducted in accordance with the procedures and limitations specified therein.

3. Operational evaluation

1. To determine the applicable operating conditions, aircraft shall be initially assessed as being in either Group A or Group B.
2. Group A consists of gliders, balloons, airships, non-high performance single-engine aeroplanes and multi-engine aircraft that are capable of sustaining flight following the failure of an engine.
3. Group B consists of all aircraft not included in group A.

Information note:"high performance aeroplane" means an aeroplane requiring a minimum crew of one pilot and having a VNE of 250 knots or greater, or a VSO of 80 knots or greater.

4. Maintenance evaluation

1. To determine the applicable maintenance conditions, aircraft shall be initially assessed as being in either Group 1, 2, or 3.
2. Group 1 consists of gliders, balloons, piston-powered rotorcraft, basic training and communication aeroplanes, light transports, and equivalent aircraft types (total horsepower below 1000 BHP).
3. Group 2 consists of turbine-powered rotorcraft, World War II era aircraft, including fighters, medium bombers and transports, basic jet trainers, advanced piston-powered trainers, Korean War era aircraft, including first generation jet fighters, and equivalent aircraft types.
4. Group 3 consists of all aircraft not included in groups 1 or 2.

5. Standard operating conditions
(1) Standard operating conditions to be specified on the flight authority for group A aircraft include:

1. aircraft to be operated in accordance with the procedures and limitations specified in the aircraft flight manual or equivalent document;
2. where passengers are authorized, information regarding any seats that are not to be occupied during take-off and landing;
3. where passengers are authorized, all passengers to be briefed before each flight on:
   1. the meaning and implications of the Special C of A – Limited placard; and
   2. emergency procedures, including the operation of the seats, seat belts, and exit doors;
      and
4. any other conditions or limitations resulting from Minister’s evaluation of the aircraft.

(2) Standard operating conditions to be specified on the flight authority for group B aircraft include:

1. aircraft to be operated in accordance with the procedures and limitations specified in the aircraft flight manual or equivalent document;
2. prohibition against take-off and landings on runways where engine-inoperative ferry flights are not authorised.
   Information note: Schedule 2 to Appendix D to STD 507 lists the prohibited runways.
3. where passengers are authorized, information regarding any seats that are not to be occupied during take-off and landing;
4. where passengers are authorized, all passengers to be briefed before each flight on:
   1. the meaning and implications of the Special C of A – Limited placard; and
   2. emergency procedures, including the operation of the seats, seat belts, and exit doors;
      and
5. any other conditions or limitations resulting from Minister’s evaluation of the aircraft;.

6. Standard maintenance conditions
(1) Standard maintenance conditions to be specified on the flight authority for group 1 aircraft include:

1. modifications or repairs that affect the structural strength, performance, power plant operation or flight characteristics of the aircraft shall invalidate this flight authority.

(2) Standard maintenance conditions to be specified on the flight authority for group 2 aircraft include:

1. modifications or repairs that affect the structural strength, performance, power plant operation or flight characteristics of the aircraft shall invalidate this flight authority;
2. all maintenance releases shall be signed by:
   1. an Aircraft Maintenance Engineer (AME) who is the holder of an applicable Restricted Certifying Authority (RCA) for the aircraft type, issued in accordance with section 571.11 of the CARs, or
   2. the holder of an Aircraft Maintenance Engineer licence who has been authorized to sign by the holder of a maintenance organization approved pursuant to section 573.02 of the CARs with a rating appropriate to the work performed.

(3) Standard maintenance conditions to be specified on the flight authority for group 3 aircraft include:

1. modifications or repairs that affect the structural strength, performance, power plant operation or flight characteristics of the aircraft shall invalidate this flight authority;
2. all maintenance shall be performed and released under the control of a maintenance organization approved pursuant to section 573.02 of the CARs with a rating appropriate to the work performed.
   Information notes:
   (i) Except where specifically stated to the contrary, aircraft operating pursuant to a Special C of A are subject to all the same operational and maintenance regulations as aircraft with a C of A issued pursuant to section 507.02 of the CARs. The conditions and limitations specified on a Special C of A are additional to those general requirements.
   
   (ii) In the case of group 2 or 3, the applicant acknowledges that, should appropriately qualified persons or organizations no longer be available to perform or certify maintenance, the flight authority may be suspended until suitable replacements can be found.

7. Evaluation of specific features
(1) Once the standard operational and maintenance conditions have been established, an overall evaluation is to be carried out, paying particular attention to any specific features that could affect the safe operation of the aircraft. Specific features could include:

1. either unusually complex or simple controls;
2. instrumentation or equipment;
3. especially demanding or docile handling or performance characteristics;
4. the use of unusual fuels, explosive devices or special ground equipment;
5. environmental factors;
6. (f) the type’s operational history, such as a particularly high or low accident rate.

(2) Based on this evaluation, the aircraft may be considered as belonging to a higher or lower operational or maintenance group, or the standard operational or maintenance conditions for the aircraft may be amended as necessary.

(3) Additional conditions or limitations that may apply include, but are not limited to:

1. specific main operating base and maintenance base;
2. specific airports;
3. restricted radius of action for testing and proficiency flying;
4. specific runways;
5. use restricted with respect to VFR, IFR, Day/night operations;
6. minimum runway length based on aircraft performance for take-off and landing, with allowance where applicable for extreme atmospheric variations and inoperative performance enhancing devices such as afterburner, thrust reversers, or drag chutes;
7. specific corridors based on climb and descent profiles;
8. requirement to advise Control Towers or aerodrome traffic of non-standard circuit patterns, approach speeds and overshoot procedures; and
9. requirement for a manoeuvre profile approval prior to participation in air shows, air races, or motion pictures.

(4) Additional conditions or limitations may be entered directly on the flight authority document; or they may be entered into the flight manual or equivalent document that is referenced on the flight authority document.

8. Aircraft inspection
(1) Following acceptance of the aircraft type, and prior to the issuance of the Special C of A – Limited, the aircraft must be inspected by an AME with appropriate training and experience, for condition and conformity to the data provided in paragraph 2.(4)(b) of Part II of this Appendix, and any deviations noted. In addition, except where otherwise authorized by the Minister, the inspection shall ensure that, with respect to ex‑military aircraft:

1. weapons are disabled or removed;
2. firing circuits are deactivated;
3. casing ejection panels are sealed; and
4. rocket/bomb racks, hard points and jettisonable equipment are removed or secured to preclude inadvertent operation.

9.  Aircraft with inadequate technical history
(1) Where the evaluation shows the technical history of the aircraft to be incomplete or inadequate, a more extensive inspection shall be required to provide proof of the structural integrity of the aircraft. This could require the use of various non-destructive inspection techniques, structural disassembly, or other in-depth inspection techniques.

(2) Where the evaluation shows the technical history of the engines, propellers, or other critical components to be incomplete or inadequate, the items concerned shall undergo a complete overhaul or be replaced with units with acceptable history.