Staff Instruction (SI) No. 500-005

Eligibility of American and Mexican Registered Aircraft for Operation Under the North American Free Trade Agreement (NAFTA)

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Issuing Office: Standards    
Activity Area: Qualifying Document No. SI 500-005
File No.: 5009-32-2 Issue No. 01
RDIMS No.: 4862826-V5 Effective Date 2009-05-01

1.0  INTRODUCTION

1.1  Purpose

The purpose of this document is to:

  1. Specify the eligibility criteria of American and Mexican registered aircraft intended for  Canadian operation under the provisions set forth in the North American Free Trade Agreement (NAFTA); and
  2. Provide guidelines concerning the acceptance of foreign modifications installed on American and Mexican registered aircraft intended to be engaged in NAFTA related activities in Canada.

1.2  Applicability

This document applies to all Transport Canada Civil Aviation (TCCA) employees, to individuals and organizations when they are exercising privileges granted to them under an External Ministerial Delegation of Authority. This information is also available to the aviation industry for information purposes.

1.3  Description of Changes

This document, formerly Aircraft Certification Staff Instruction (ACSI) 39, Issue 01, has been reissued as SI 500-005, Issue 01. With the exception of minor editorial changes and updated references, the content is unaltered.

2.0  REFERENCES AND REQUIREMENTS

2.1  Reference Documents

It is intended that the following reference materials be used in conjunction with this document:

  1. Staff Instruction (SI) 513-003, Issue 01, 2008-09-15Acceptance and Approval of Foreign Design Changes;
  2. Transport Canada Publication, TP 13001E, Edition 01, 2000-01-01Foreign (FTA) Air Operator Certification Procedures Manual;
  3. Federal Aviation Administration Advisory Circular (FAA AC) 00-60, Revision 01, 1999-11-09North American Free Trade Agreement and Specialty Air Services Operations.

2.2  Cancelled Documents

As of the effective date of this document, the following document is cancelled:

  1. ACSI 39, Issue 01, 2001-03-27—Eligibility of American and Mexican Registered Aircraft for Operation Under the North American Free Trade Agreement (NAFTA).

3.0  BACKGROUND

  1. In January of 1996, the Governments of Canada, the United States of America and Mexico ratified the trilateral NAFTA, which provided member state operators with the opportunity to compete for and operate commercially in any of the 14 Specialty Air Services (SAS) defined in article 1213 of the NAFTA.
  2. Working groups comprised of representatives from Aircraft Certification, Flight Standards and Licensing (Pilots and Aircraft Maintenance Engineers) from each country were set up to discuss and evolve policies, conditions and procedures mutually acceptable to all parties in order to facilitate commercial operations in any one of the three member state countries.
  3. The chairmen of the working groups made appropriate recommendations to a Civil Aviation Steering Group. In turn, these recommendations were worked into a framework of procedures required to facilitate NAFTA operations. It was also agreed that successful competitors (operators) would not be encumbered by the national regulations normally enforceable in each member state country with respect to foreign operators, and that such operations would be permitted in accordance with predetermined conditions and procedures:

    1. Appendix A defines those SAS for which operations are approved under the NAFTA; and
    2. Appendix B outlines effective dates of implementation for each type of SAS operation.
  4. TP 13001E provides guidelines with respect to the issue of a Canadian/Foreign Air Operating Certificate (CFAOC) for foreign registered aircraft as specified in the NAFTA. FAA AC 00-60 provides U.S. aircraft operators with guidelines with respect to NAFTA operations in Canada or in Mexico.

4.0  ELIGIBILITY OF AMERICAN AND MEXICAN REGISTERED AIRCRAFT

4.1  Eligible Aircraft

The following American and Mexican registered aircraft are eligible to operate commercially in Canada under a Canadian/Foreign Air Operating Certificate (CFAOC) as specified in the NAFTA:

  1. Aircraft designed in Canada and type certificated by TCCA and possessing a valid FAA or Mexican Certificate of Airworthiness (C of A);
  2. Aircraft designed in the U.S. and type certificated by the FAA and possessing a valid FAA or Mexican C of A; or
  3. Aircraft designed in a country, other than Canada or the U.S., but type certificated to civil airworthiness standards in the same category by both the FAA and TCCA. These aircraft must also possess a valid C of A from their country of registration (U.S. or Mexico)

4.2  American and Mexican Registered Aircraft Excluded

Restricted category ex-military aircraft, type certificated by the FAA or any other civil authority except TCCA, on the basis of military experience only, are not eligible to operate in Canada under the NAFTA.

4.3  Mexican Registered Aircraft

  1. It is noted that the Mexican DGAC (Direccion General de Aeronautica Civil) does not issue type certificates of any kind but recognizes any type certificates issued by a civil airworthiness authority. Therefore, Mexican registered aircraft that have been type certificated to civil standards, not on the basis of military experience, by their original state of design country, are eligible for operations in Canada under the NAFTA, providing they comply with the requirements given in paragraph 4.1 of this SI.
  2. Aircraft designed and type certificated in the U.S. or Canada to civil standards but manufactured in each other’s country remains eligible.

5.0  FOREIGN MODIFICATIONS AND REPAIRS ACCEPTANCE

5.1  Acceptance Criteria - Group I Country Aircraft

Foreign operators requesting the issue of a CFAOC for an American or Mexican registered aircraft for Canadian operation under the NAFTA are required to submit, to the geographical TCCA Office of the region where the aircraft will be operated, a list of all installed foreign modifications and repairs. Notwithstanding the normal review criteria and TCCA policies set forth in SI 513-003, all foreign modifications and/or repairs that originated from a Group 1 Country as defined in SI 513-003 may be accepted by TCCA without further review.

5.2  FAA Form 337 Field Approvals

Undertaking a review may be impractical on American and Mexican registered aircraft because of the operator’s inability to obtain the pertinent technical data in a timely manner. For the purpose of the NAFTA, Field Approvals should be accepted without a detailed review, unless there is clear evidence of safety concerns or non-compliance with applicable standards, notwithstanding the normal review/approval procedure outlined in SI 513-003. In a case of concerns, discretion and judgement must be diligently applied by the Regional Manager, Aircraft Certification.

5.3  Acceptance Criteria - Group II and Group III Country Aircraft

  1. Any modification or repair designs originated and approved by an airworthiness authority, other than those listed under Group 1 countries, installed on American and Mexican registered aircraft that are eligible for NAFTA operation under a CFAOC, must be reviewed and approved by TCCA. Such changes in type design are to be reported to TCCA by American or Mexican operators prior to Canadian entry, with the appropriate documentation supplied to the RMAC for review and approval consistent with normal procedures.
  2. It should be noted that the Mexican DGAC may accept Supplemental Type Certificates as well as modifications and repair designs from any civil airworthiness authority or its delegates anywhere in the world, some of which may not be acceptable to TCCA.

6.0  CANADIAN OPERATORS

As stated in section 3.0 of this SI, one of the main objectives of the NAFTA is to allow American and Mexican operators to engage, in Canada, in any of the 14 SAS operations described in the NAFTA without having to necessarily comply with all Canadian regulations and associated requirements. Canadian operators engaged in the same type of activities in either the U.S. or Mexico would enjoy the same privileges, thus would not necessarily have to comply with all applicable American or Mexican regulations and associated requirements. Notwithstanding, Canadian operators engaged in NAFTA related activities in Canada are still required to comply with all Canadian regulations and associated airworthiness requirements.

7.0  CONTACT OFFICE

For more information, please contact the:
Manager, Policies and Procedures (AARTC)

Phone: 613-990-3923
Fax: 613-952-3298
E-mail: CAIRS_NCR@tc.gc.ca

Suggestions for amendment to this document are invited, and should be submitted via the Transport Canada Civil Aviation Issues Reporting System (CAIRS) at the following Internet address:

http://www.tc.gc.ca/eng/civilaviation/opssvs/secretariat-cairs-menu-209.htm

or by e-mail at: CAIRS_NCR@tc.gc.ca

Original signed by Wayne Chapin for Don Sherritt 2009-05-01

D.B. Sherritt
Director, Standards
Civil Aviation

APPENDIX A—SPECIALTY AIR SERVICES (SAS) DEFINITIONS

NAFTA Specialty Air Services (SAS) are specialized commercial aviation operations which include the following:

Aerial Advertising: The operation of an aircraft for the purpose of skywriting, banner towing, displaying airborne signs, dispensing leaflets, and making public address announcements.

Aerial Construction: The operation of a helicopter for the purpose of conducting external-load operations in support of construction, hoisting of utilities, power line construction for erection of special purpose towers.

*Aerial Inspection and Surveillance: The operation of an aircraft for the purpose of conducting aerial observation and patrols for surface events, objects, and animals and wild life management.

Aerial Mapping: The operation of an aircraft for the purpose of mapping by use of a camera or other measuring and recording devices.

Aerial Photography: The operation of an aircraft for the purpose of taking photographs, or recording information by use of a camera or other measuring and recording device.

Aerial Sightseeing: The operation of an aircraft for the purpose of providing recreation to passengers which originates and terminates at the same airport.

Aerial Spraying: The operation of an aircraft for the purpose of dispensing any chemicals, materials or substances for the benefit of agriculture, horticulture or forestry. The specific type of aerial spraying would include those applications intended for plant nourishment, soil treatment, propagation of plant life, aerial seeding, or pest control, but not including the dispensing of live insects.

Aerial Surveying: The operation of an aircraft for the purpose of surveying by use of a camera or other measuring and recording devices.

*Fire Fighting: The operation of an aircraft for the purpose of dispensing water, chemicals, and fire retardants intended for suppressing a fire. This includes the carrying of fire fighters.

Flight Training: Training which follows an approved ground and flight syllabus which permits students to meet all certification requirements for obtaining a flight crew licence or rating.

Forest Fire Management: The operation of an aircraft for the purpose of fire detection and control or dispensing any substance intended for forest fire suppression and prevention. This includes carrying fire fighters, fire bosses and/or managers into the fire area or to the actual fire site, provided the flight is within the declared fire zone.

Glider Towing: The towing of a glider by a powered aircraft equipped with a tow hitch.

Heli-logging: The operation of a helicopter for the purpose of transporting timber as an external load.

Parachute Jumping: The operation of an aircraft for the purpose of allowing a person to descend from that aircraft in flight using a parachute during all or part of that descent.

*Note:

For additional information on the descriptions above, which contain an asterisk, please refer to the Foreign (FTA) Air Operator Certification Procedures Manual (TP 13001E), section 1.2, sub­section 1.2.2.

APPENDIX B — Effective Dates of Specialty Air Services Implementation

Service Category Mexico Canada and U.S.
Aerial Advertising January 1, 1997 January 1, 1994
Aerial Construction January 1, 1997 January 1, 1996
Aerial Inspection and Surveillance January 1, 2000 January 1, 1997
Aerial Mapping January 1, 2000 January 1, 1994
Aerial Photography January 1, 2000 January 1, 1994
Aerial Sightseeing January 1, 1997 January 1, 1997
Aerial Spraying January 1, 2000 January 1, 2000
Aerial Surveying January 1, 2000 January 1, 1994
Fire Fighting January 1, 1994 January 1, 1994
Flight Training January 1, 1994 January 1, 1997
Forest Fire Management January 1, 1994 January 1, 1994
Glider Towing January 1, 1994 January 1, 1994
Heli-logging January 1, 1997 January 1, 1996
Parachute Jumping January 1, 1994 January 1, 1994
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