Implementation Procedures - 2008 (BASA - 2000)

7.0 General

Export Certificates of Airworthiness are issued by the FAA, as an exporting authority, for completed aircraft, aircraft engines, and propellers.  The FAA issues Authorized Release Certificates for TSO appliances, and parts.  Export Airworthiness Certificates are issued by TCCA (Refer to Appendix B, B.2 item 26), as an exporting authority, for completed aircraft.  Authorized Release Certificates are issued by TCCA Approved Manufacturers for aircraft engines, propellers, TSO appliances, and parts.

7.1 FAA Acceptance of TCCA Export Certificates of Airworthiness and Authorized Release Certificates

1. The FAA’s requirements are outlined in 14 CFR, Part 21, Subparts H and N.  The procedures are described in FAA Order 8130.2, Airworthiness Certification of Aircraft and Related Products, and Advisory Circular 21-23, Airworthiness Certification of Civil Aircraft, Engines, Propellers, and Related Products Imported to the United States.
2.  For TCCA, the process of issuing Export Certificates of Airworthiness is described in CAR 509.

7.1.0 Complete Aircraft

1. Except as provided in paragraph 7.1.4, the FAA shall accept TCCA Export Certificates of Airworthiness on aircraft, as identified in Section II, when a TCCA authorized person (for new aircraft manufactured in Canada, an authorized representative of the manufacturer or, for used aircraft, the Canadian holder of an aircraft maintenance engineer license that is applicable to the aircraft type) certifies that each aircraft:
   1. Conforms to a type design approved by the FAA, as specified in the FAA‘s TC data sheet (including all applicable STCs);
   2. Is in a condition for safe operation, including compliance with applicable FAA Airworthiness Directives;
   3.  Has been properly maintained using approved procedures and methods during its service life; and 
   4.  Meets all additional requirements prescribed by the FAA, as notified.
2. Each aircraft exported to the U.S. with TCCA airworthiness approval will have a TCCA Export Certificate of Airworthiness.
3. For aircraft, the TCCA Export Certificate of Airworthiness should contain information equivalent to the following statement:  “The [insert aircraft MODEL] covered by this certificate conforms to the type design approved under U.S. TC Number [INSERT TYPE CERTIFICATE NUMBER, REVISION LEVEL, AND DATE], and is found to be in a condition for safe operation,” and any other clarifying language as specified in the U.S. TC Data Sheet.
4. Amateur built aircraft exported from Canada to the U.S. [Reserved].

7.1.1 Aircraft Engines and Propellers

1. The FAA shall accept Canadian Authorized Release Certificates certifying that each new aircraft engine or propeller exported to the U.S.:
   1. Conforms to a type design approved by the FAA, as specified in the FAA‘s TC data sheet;
   2.  Has undergone a final operational check by the manufacturer;
   3.  Is in a condition for safe operation, including compliance with applicable FAA Airworthiness Directives; and
   4.  Meets all additional requirements prescribed by the FAA, as notified.
2. Each aircraft engine or propeller exported to the U.S. with TCCA airworthiness approval will have an Authorized Release Certificate that identifies the FAA’s approved design data (TC number).
3. For aircraft engines and propellers, the Authorized Release Certificate should contain information equivalent to the following statement:  “The [insert ENGINE or PROPELLER] covered by this certificate conforms to the type design approved under U.S. Type Certificate Number [INSERT TYPE CERTIFICATE NUMBER, REVISION LEVEL, AND DATE], is found to be in a condition for safe operation and has undergone a final operational check,” and any other clarifying language as specified in the U.S. TC Data Sheet.

7.1.2 TSO Appliances

1. The FAA shall accept Canadian Authorized Release Certificates for appliances when TCCA certifies that each TSO appliance:
   1. Conforms to the design approved by the FAA, as specified in the FAA Letter of TSO Design Approval;
   2. Complies with applicable FAA Airworthiness Directives;
   3. Is marked in accordance with paragraph 7.5.0(a) of these Implementation Procedures; and
   4. Meets all additional requirements prescribed by the FAA, as notified.
2. Each appliance exported to the U.S. will have a Canadian Authorized Release Certificate that identifies the FAA’s approved design data (TSO Letter of Design Approval).

7.1.3 New Modification and Replacement Parts

1. The FAA shall accept Canadian Authorized Release Certificates on parts that have been produced by a Canadian manufacturer whose Manufacturing Approval is based on FAA approved data (a U.S. TC or STC issued in accordance with 14 CFR §21.29; an agreement/arrangement with the holder of a U.S. TC/ STC; or a Canadian replacement parts approval, through the issuance of a part design approval (PDA), when the parts are eligible for installation on a U.S. type certificated product.
2. The Authorized Release Certificate shall certify that each part:
   1. Conforms to FAA-approved design data and is safe for installation;
   2.  Is marked in accordance with paragraph 7.5.0(a) of these Implementation Procedures; and
   3.  Meets all additional requirements prescribed by the FAA, as notified.
3. When parts are shipped under direct ship authorization, the accompanying Authorized Release Certificate or equivalent documentation must indicate that the responsible Manufacturing Approval holder has authorized direct shipment.  This indication may be a supplemental “remark” entry on the Authorized Release Certificate indicating the authorization to the supplier for direct shipment of parts from the supplier’s location.
4. Each part exported to the U.S. with TCCA airworthiness approval will have a Canadian Authorized Release Certificate. This form should identify the FAA’s approved design data (e.g. TC/STC/TSO Number, etc.)

7.1.4 Coordination of Export Certificate of Airworthiness Exceptions

TCCA shall notify the FAA prior to issuing an Export Certificate of Airworthiness when a non-compliance to an FAA-approved type design is to be noted on the exporting approval document.  This notification should be made to the FAA’s Manufacturing Inspection Office (MIO) that has geographic responsibility for accepting delivery of the product (see Appendix A).  FAA shall provide written acceptance from the FAA is required before the issuance of the TCCA Export Certificate of Airworthiness.

Top of Page

7.2 TCCA Acceptance of FAA Export Certificates of Airworthiness and Authorized Release Certificates

1. TCCA’s requirements for import are described in CAR 507.
2. The FAA’s requirements for issuing export airworthiness approvals are contained in 14 CFR, part 21, Subpart L, and the procedures for issuing export approvals are described in FAA Order 8130.2, Airworthiness Certification of Aircraft and Related Parts, FAA Order 8130.21, Procedures for Completion and Use of FAA Form 8130-3, Authorized Release Certificate, and FAA Advisory Circular 21-2, Export Airworthiness Approval Procedures.

7.2.0 Complete Aircraft, Aircraft Engines, Propellers and Rebuilt Engines

1. Except as provided in paragraph 7.2.4. TCCA shall accept FAA Export Certificates of Airworthiness when the FAA certifies that each aircraft, aircraft engine, or propeller or rebuilt aircraft engine:
   1. Conforms to a type design approved by TCCA, as specified in TCCA‘s TC data sheet (including all applicable STCs);
   2.  Has undergone a final operational check;
   3.  Is in a condition for safe operation, including compliance with applicable TCCA mandatory airworthiness modifications and special inspections;
   4. For a rebuilt engine, that engine has been rebuilt by the engine’s TC holder; and
   5. Meets all additional requirements of TCCA, as notified.
2. Each aircraft, aircraft engine, propeller and rebuilt engine exported to Canada will be issued an FAA Form 8130-4, Export Certificate of Airworthiness. FAA Form 8130-4 should identify the TCCA’s approved design data (TC Number, if issued).
3. Amateur built aircraft exported from the U.S. to Canada:  [Reserved].

7.2.1 TSO Appliances and Parts

1. TCCA shall accept FAA Authorized Release Certificates on appliances when the FAA certifies by the issuance of an FAA Form 8130-3 that each TSO appliance:
   1. Conforms to the design approved by the FAA;
   2.  Complies with applicable TCCA mandatory airworthiness modifications and special inspections; and
   3.  Meets all additional requirements of TCCA, as notified.
2. Each appliance exported to Canada with FAA airworthiness approval will have an FAA Form 8130‑3, Authorized Release Certificate.

7.2.2 New Modification and Replacement Parts

1. TCCA shall accept a FAA Authorized Release Certificate on parts produced by a U.S. production approval holder (i.e., the production under a U.S. Type Certificate/Production Certificate, TSOA, or a Parts Manufacturer Approval (PMA) holder), confirming that the parts were produced under the production approval holder’s production quality system, as eligible for installation on a product type that has been approved or accepted by TCCA.
2. The Authorized Release Certificate shall certify that each part:
   1. Conforms to the applicable TCCA or FAA approved design data;
   2. Is marked in accordance with paragraph 7.5.1 of these Implementation Procedures; and
   3. Meets all additional requirements of TCCA, as notified.
3. TCCA must be provided evidence of all direct shipment authorizations extended to approved suppliers.  If a part is shipped under direct ship authorization, the FAA’s Authorized Release Certificate must indicate that the production approval holder has authorized direct shipment.  This indication may be a supplemental “remark” entry on the Authorized Release Certificate indicating the authorization for direct shipment of parts from the supplier’s location.
4. Each part exported to Canada with FAA airworthiness approval will have an FAA Form 8130-3, Authorized Release Certificate, and shall refer to the eligibility or the applicable TC for that product.

7.2.3 Coordination of Export Certificate of Airworthiness Exceptions

The FAA shall notify the TCCA prior to issuing an FAA Export Certificate of Airworthiness in which a non-compliance to the TCCA‑approved type design is to be noted under the “Exceptions” section of the Export Certificate of Airworthiness.  This notification should help to resolve all issues concerning the aircraft’s eligibility for an airworthiness certificate, or the aircraft engine or propeller’s installation eligibility.  This notification should be sent to the appropriate TCCA Regional Office.  Addresses for all Regional Offices are listed in Appendix A.  In all cases, TCCA shall provide a written acceptance before the issuance of the FAA's Export Certificate of Airworthiness.

7.2.4 Coordination of Authorized Release Certificate Exceptions

1. FAA as Importing Authority. TCCA shall notify the FAA prior to issuing an Authorized Release Certificate in which a non-compliance to an FAA‑approved engine, propeller, or appliance design is to be noted in Block 13, Remarks.  This notification should help to resolve all issues regarding the engine, propeller, or appliance's installation eligibility.  This notification shall be to the geographic responsible MIO.  Addresses for all FAA MIOs are listed in Appendix A.  In all cases, the FAA shall provide a written acceptance before the issuance of TCCA’s Authorized Release Certificate for such engines, propellers, and TSO appliances.
2. The FAA shall notify TCCA prior to issuing an Authorized Release Certificate, Form 8130-3, in which a non-compliance to an TCCA-approved appliance is to be noted in Block 13, Remarks.  This notification should help to resolve all issues regarding the appliance's installation eligibility.  This notification shall be to the appropriate Regional Office.  Addresses for all Regional Offices are listed in Appendix A.  In all cases, a written acceptance from TCCA shall be provided before the issuance of the FAA's Authorized Release Certificate for such engines, propellers, and TSO appliances.

Top of Page

7.3 Acceptance of Used Aircraft for Which Either the U.S. or Canada is the State of Design

7.3.0 U.S. Requirements for Acceptance of Used Aircraft Exported by TCCA when Canada is the State of Design

1. The FAA shall accept TCCA Export Airworthiness Certificates on used aircraft for import into the U.S., only if a TC holder exists to support continued airworthiness of such aircraft and when TCCA certifies that each used aircraft:
   1. Conforms to the type design approved by the FAA as specified in the FAA’s TC data sheet, and any additional STCs approved by the FAA, as notified to TCCA;
   2. Is in a condition for safe operation, including compliance with all applicable FAA ADs, as notified;
   3. Is marked in accordance with paragraph 7.5.0(a) of these Implementation Procedures;
   4. Has been properly maintained using approved procedures and methods during its service life (evidenced by logbooks and maintenance records); and
   5. Meets all additional requirements prescribed by the FAA, as notified.
2. When a used aircraft produced in Canada is to be imported into the U.S. from a third country TCCA shall, upon request, assist the FAA in obtaining information regarding the configuration of the aircraft at the time it left the manufacturer.  TCCA shall also provide, upon request, information regarding subsequent installations on the aircraft that have been approved by TCCA.
3. If a used civil aircraft produced in Canada has been used in military service at any time, TCCA will consult with the FAA to determine if the FAA will accept such an aircraft.

7.3.1 Canadian Requirements for Acceptance of Used Aircraft Exported by FAA when U.S. is the State of Design

1. TCCA shall accept an FAA Export Certificate of Airworthiness on used aircraft for import into Canada, if a TC holder exists to support continued airworthiness of such aircraft and when the FAA certifies that each used aircraft:
   1. Conforms to the type design approved by TCCA as specified in TCCA’s TC data sheet, and any additional STCs approved by TCCA, as notified to the FAA;
   2. Is in a condition for safe operation, including compliance with all applicable TCCA ADs, as notified;
   3. Is identified in accordance with paragraph 7.5.1(a) of these Implementation Procedures;
   4. Has been properly maintained using approved procedures and methods during its service life (evidenced by logbooks and maintenance records); and
   5. Meets all additional requirements prescribed by TCCA, as notified.
2. When a used aircraft produced in the U.S. is to be imported into Canada from a third country the FAA shall, upon request, assist TCCA in obtaining information regarding the configuration of the aircraft at the time it left the manufacturer.  The FAA shall also provide, upon request, information regarding subsequent installations on the aircraft that have been approved by the FAA.
3. If a used civil aircraft produced in the U.S. has been used in military service at any time, the FAA will consult with TCCA to determine if TCCA will accept such an aircraft.

7.3.2 Acceptance of Used U.S. Aircraft Being Exported (Returned) to the U.S. when the U.S. is the State of Design

1. The FAA shall accept TCCA’s Export Airworthiness Certificate on a used aircraft being exported (returned) to the United States, as the State of Design for that aircraft, when the conditions of 7.3.0(a)(1)-(5) have been met.
2.  If TCCA is not in a position to assess whether or not the used aircraft satisfies the above conditions, it will inform the FAA accordingly.

7.3.3 Acceptance of Used Canadian Aircraft Being Exported (Returned) to Canada when Canada is the State of Design

1. TCCA shall accept the FAA’s Export Certificate of Airworthiness on a used aircraft being exported (returned) to Canada, as the State of Design for that aircraft, when the conditions of 7.3.1(a)(1)-(5) have been met.
2.  If the FAA is not in a position to assess whether or not the used aircraft satisfies the above conditions, it will inform TCCA accordingly.

Top of Page

7.4 Acceptance of Used Aircraft for which a Third Country is the State of Design

7.4.0 U.S. Requirements

1. The FAA shall accept TCCA’s Export Airworthiness Certificate for used aircraft for which a third country is the State of Design, when that third country has a bilateral agreement/arrangement with both the U.S. and Canada covering the same class of product, and the conditions of paragraph 7.3.0(a)(1)-(5) have been met. 
   
2. If TCCA is not in a position to assess whether or not the used aircraft satisfies the above conditions, it will inform the FAA accordingly.

7.4.1 Canadian Requirements

1. TCCA shall accept the FAA’s Export Certificate of Airworthiness for used aircraft for which a third country is the State of Design, when that third country has a bilateral agreement/arrangement with both the U.S. and Canada covering the same class of product, and the conditions of paragraph 7.3.1(a)(1)-(5) have been met. 
2. If the FAA is not in a position to assess whether or not the used aircraft satisfies the above conditions, it will inform TCCA accordingly.

Top of Page

7.5 Additional Requirements for Imported Products

The following identifies those additional requirements, which must be complied with as a condition of acceptance for products imported into the U.S. or Canada, or for use on either a U.S. or Canadian-registered aircraft.

7.5.0 U.S. Requirements

1. Identification and Marking
   1. Aircraft, aircraft engines, and propellers must be identified in a manner outlined in 14 CFR § 45.11.
   2. Each critical component of a product must be identified in a manner outlined in 14 CFR § 45.14.
   3. Each appliance of a design approved by an FAA letter of TSO design approval must be marked in accordance with the requirements outlined in 14 CFR part 21, Subpart O, and any marking requirements specified in the particular TSO.
   4. Each part to be used as a replacement or modification part must be marked with a part number, serial number if applicable, and the manufacturer's name or trade mark.  In addition, information concerning the model designation and the type certificated product for which the part is eligible for installation must be furnished. If size does not permit, information should accompany each part. This information can be included on the appropriate airworthiness release document.
   5. Each part produced to U.S. STC design data should be marked with the U.S. STC number, as size permits, in addition to the requirements of paragraph 7.5.0(a)(4). If size does not permit, information should accompany each part that identifies the applicable U.S. STC.  This information can be included on the appropriate airworthiness release document.
2. Instructions for Continued Airworthiness
   Instructions for continued airworthiness and maintenance manuals having airworthiness limitation sections must be provided as prescribed in 14 CFR § 21.50.
   
3. Aircraft Flight Manual, Operating Placards and Markings, Weight and Balance Report, and Equipment List
   Each aircraft must be accompanied by an approved Aircraft Flight Manual, including all applicable supplements.  The aircraft must also have the appropriate operating placards and markings, a current weight and balance report, and a list of installed equipment.
4. Logbooks and Maintenance Records
   Each aircraft (including the aircraft engine, propeller, rotor, or appliance) must be accompanied by logbooks and maintenance records equivalent to those specified in 14 CFR § 91.417.  The maintenance records must also show that, for a used aircraft, that aircraft has had a 100-hour inspection, or equivalent, as specified in 14 CFR § 21.183(d).

7.5.1 Canadian Requirements

1. Product Identification
   To be eligible for a Canadian flight authority, aeronautical products must be identified in accordance with requirements contained in CAR 201.
2. Provision of Aircraft Manuals
   Further to Part V of the CARs (Refer to Appendix B, B.2 item 27), acceptance of the first of a type or model of aircraft into Canada is conditional upon the aircraft TC holder providing to TCCA at no charge six copies of the AFM, Maintenance Manual, Structural Repair Manual, Illustrated Parts Catalogue, and Service Bulletins, together with all subsequent amendments to these documents.  In the case of transport category aircraft, the required number of manuals may be reduced as a result of negotiations between the aircraft TC holder and TCCA.