LRA - 5.0 AIRCRAFT AIRWORTHINESS

• 5.1 General
• 5.2 Aircraft Design Requirements
  • 5.2.1 General
  • 5.2.2 Canadian Type Certificate (CARs, Part V, Subpart 21)
• 5.3 Flight Authority and Noise Compliance
  • 5.3.1 General
  • 5.3.2 Certificates of Airworthiness
  • 5.3.3 Special Certificates of Airworthiness
  • 5.3.4 Flight Permit
  • 5.3.5 Noise Compliance
• 5.4 Maintenance Certification
  • 5.4.1 General
  • 5.4.2 Certification of Maintenance Performed Outside Canada
• 5.5 Annual Airworthiness Information Report
• 5.6 Maintenance Requirements for Canadian-Registered Aircraft
  • 5.6.1 General
  • 5.6.2 Maintenance Schedules
  • 5.6.3 Maintenance Performance
  • 5.6.4 Aircraft Technical Records
  • 5.6.5 Service Difficulty Reporting (SDR) Program
• 5.7 Airworthiness Directives
  • 5.7.1 General
  • 5.7.2 Availability of ADs
  • 5.7.3 AD Schedule and Compliance Records

5.1 General

This section provides an explanation of the means by which TC exercises regulatory oversight to ensure the continuing airworthiness of Canadian-registered aircraft. It focuses on the general intent of the regulatory process rather than dealing with the applicable airworthiness requirements and procedures in detail. The reader should consult the applicable Canadian Aviation Regulations (CARs) that are mentioned in this section if a more detailed understanding of the current airworthiness requirements and procedures is required.

It is the responsibility of the owner or pilot to ensure that Canadian-registered aircraft are fit and safe for flight prior to being flown. The primary regulatory control for meeting this objective is achieved by making it unlawful for any person to fly or attempt to fly an aircraft, other than a hang glider or an ultra-light aeroplane, unless flight authority in the form of a valid certificate of airworthiness (C of A), special certificate of airworthiness (Special C of A), or Flight Permit—whichever is applicable—has been issued for that aircraft (CARs 507.02, 507.03, and 507.04).

5.2 Aircraft Design Requirements

5.2.1 General

The Convention on International Civil Aviation, signed in Chicago in 1944, mandated that every aircraft of a contracting State engaged in international aerial navigation be provided with a C of A issued or rendered valid by the State in which it is registered. This agreement has the following effects:

(a) to promote the idea of mutually acceptable aircraft design standards between contracting States;

(b) to provide all contracting States with the assurance that the aircraft of any other contracting State flying over their territories were certificated to a common minimum acceptable level of airworthiness; and

(c) to achieve minimum acceptable standards in matters related to the continuing airworthiness of the aircraft.

The ultimate objective of this agreement is to protect other aircraft, third parties, and people on the ground from any hazards associated with overflying aircraft.

5.2.2 Canadian Type Certificate (CARs, Part V, Subpart 21)

CAR 521 establishes the rules that govern the application for and the issuance of a design approval document. The Regulation also enables the use of the Airworthiness Manual chapters that establish the design standards for various categories of aircraft. The standards may be defined as statements of the minimum acceptable properties and characteristics of the configuration, material, performance and physical properties of an aircraft.

Applicants are issued a design approval document once they have demonstrated that the type design of the aeronautical product conforms with the applicable airworthiness and noise and engine emission standards that are in force for the product. The design approval document certifies that the type design of the product meets the applicable standards and prescribes the conditions and limitations by which that product met the standards.

NOTE: A design approval document is defined in CAR 521.01 as “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.”

5.3 Flight Authority and Noise Compliance

5.3.1 General

Section 605.03 of the CARs prescribes that:

(1) “No person shall operate an aircraft in flight unless:

(a) a flight authority is in effect in respect of the aircraft;

(b) the aircraft is operated in accordance with the conditions set out in the flight authority; and

(c) subject to subsections (2) and (3), the flight authority is carried on board the aircraft.

(2) Where a specific-purpose flight permit has been issued pursuant to Section 507.04, an aircraft may be operated without the flight authority carried on board where:

(a) the flight is conducted in Canadian airspace; and

(b) an entry is made into the journey log indicating:

(i) that the aircraft is operating under a specific-purpose flight permit, and

(ii) where applicable, any operational conditions that pertain to flight operations under the specific-purpose flight permit.

(3) A balloon may be operated without the flight authority carried on board where the flight authority is immediately available to the pilot-in-command:

(a) prior to commencing a flight; and

(b) upon completion of that flight.”

A flight authority may be issued in the form of a C of A, a Special C of A or a flight permit. The specific requirements and procedures for each are detailed in CAR 507 and its related Standard.

5.3.2 Certificates of Airworthiness

The C of A is issued for aircraft that fully comply with all standards of airworthiness for:

(a) aeroplanes in the normal, utility, aerobatics, commuter and transport categories;

(b) rotorcraft in the normal and transport categories; and

(c) gliders, powered gliders, airships, and manned free balloons.

The C of A is transferable with the aircraft when sold or leased, provided the aircraft remains registered in Canada. The C of A may provide an indication of the aircraft’s compliance status with respect to the noise limitations specified in Chapter 516 of the Airworthiness Manual. When applying for a C of A, it is advisable for the owner to have, or obtain a copy of, the applicable type certificate data sheets. A copy of the data sheets can be obtained from the type certificate holder. The data sheets may also be found online at <http://wwwapps.tc.gc.ca/saf-sec-sur/2/nico-celn/>.

Nothing in the CARs or their associated Standards relieves the operator of a Canadian aircraft from the requirement to comply with local regulations when operating outside Canada. An aircraft for which the Minister has issued a C of A is considered to be fully in compliance with Article 31 of ICAO’s Convention on International Civil Aviation, thereby meeting the code established by ICAO in Annex 8—Airworthiness of Aircraft. Regarding airworthiness, aircraft meeting this code can be flown without further approval in the airspace of any ICAO contracting State.

5.3.3 Special Certificates of Airworthiness

A Special C of A may be issued for an aircraft in one of the following classifications: restricted, amateur-built, limited or owner-maintenance. The requirements and procedures for each classification are specified in CAR 507 and its related Standard.

An aircraft for which a Special C of A is issued by the Minister is not considered to be in compliance with all requirements of the code in ICAO’s Annex 8 and cannot be flown in the airspace of another country without special authorization by the civil aviation authority of that other country.

Appendix H of CAR Standard 507 lists aircraft types and models that are eligible for a Special C of A—owner-maintenance. This Special C of A permits the owners to perform and certify maintenance on their aircraft, provided the relevant requirements of the CARs and the associated Standards are met.

Aircraft owners who apply for a C of A for an aircraft for which the last permanent flight authority issued was a Special C of A—owner-maintenance must meet the additional relevant requirements set out in CAR Standard 507.02(3).

5.3.4 Flight Permit

CARs Standard 507.04 prescribes that:

(1) “A flight permit shall only be issued on a temporary (12 months or less) basis where the aircraft in respect of which an application is made does not conform to the conditions of issue for a C of A or a Special C of A. A flight permit is issued in an experimental or specific purpose classification.

(2) Flight Permit—Experimental

An experimental flight permit is issued for any aircraft, excluding aircraft that are operated under a Special C of A in the owner-maintenance or amateur-built classification, which is manufactured for, or engaged in, aeronautical research and development, or for showing compliance with airworthiness standards.

(3) Flight Permit—Specific Purpose

A specific purpose flight permit is issued for an aircraft which does not conform to applicable airworthiness standards, but is capable of safe flight. It provides flight authority in circumstances when a C of A is invalidated, or there is no other certificate or permit in force.

Information note: Specific purpose flight permits may be issued for:

(a) ferry-flights to a base for repairs or maintenance;

(b) importation or exportation flights;

(c) demonstration, market survey or crew training flights;

(d) test purposes following repair, modification or maintenance; or

(e) other temporary purposes.”

5.3.5 Noise Compliance

Sections 507.20 to 507.23 of the CARs set out the requirements with respect to the application for, as well as the issuance and suspension of, certificates of noise compliance and validation of foreign certificates of noise compliance:

“In the case of a Canadian aircraft, the C of A shall be annotated to indicate that:

(i) the aircraft complies with the applicable noise emission standards and what those standards are; or

(ii) the noise compliance requirements are not applicable to the aircraft.”

5.4 Maintenance Certification

5.4.1 General

CAR 605.85 stipulates, in part, that “no person shall conduct a take-off in an aircraft, or permit a take-off to be conducted in an aircraft that is in the legal custody and control of the person, where that aircraft has undergone maintenance, unless the maintenance has been certified by the signing of a maintenance release pursuant to section 571.10.” Details of the maintenance activities performed must also be entered in the technical log.

Specific qualifications for personnel who can sign a maintenance release are indicated in CAR 571 and its related Standard. The owner of an amateur-built or owner-maintenance aircraft can perform the work and sign the maintenance release for his or her own aircraft.

It is the owner’s responsibility to ensure that only personnel meeting those qualifications sign a maintenance release for his or her aircraft, engine, propeller or other installed component. The standards and procedures applicable to a maintenance release are contained in Standard 571—Maintenance.

Elementary work does not require a maintenance release to be signed by an AME. However, pursuant to Section 571.03 of the CARs, any elementary work performed on an aircraft must be detailed in the technical record and accompanied by the signature of the person who performed the work. Appendix A of Standard 625—Aircraft Equipment and Maintenance Standard lists the tasks and conditions associated with elementary work.

5.4.2 Certification of Maintenance Performed Outside Canada

In the case of maintenance performed outside Canada (except for the annual inspection portion of the maintenance schedule outlined in Part I or II of Appendix B of Standard 625—Aircraft Equipment and Maintenance Standard), a maintenance release may be signed by a person who is authorized to sign under the laws of a State that is a party to an agreement or a technical arrangement with Canada and the agreement or arrangement provides for such certification.

In the case of certification of the 100-hr inspection performed annually on the basis of the maintenance schedule outlined in Appendix B of Standard 625—Aircraft Equipment and Maintenance Standard, a maintenance release can only be signed by the holder of an appropriately rated AME licence issued pursuant to CAR 403.

5.5 Annual Airworthiness Information Report

CAR 501.01 requires that the owner of a Canadian aircraft, other than an ultra-light aeroplane, submit an Annual Airworthiness Information Report (AAIR) (form number 24-0059) in the form and manner specified in Chapter 501 of the Airworthiness Manual.

A personalized AAIR is sent to each registered aircraft owner approximately five to six weeks before the due date, which is normally the anniversary of the last issued flight authority. The aircraft owner shall complete the annual report by entering all data required and signing the certification that the information supplied is correct.

Failure to receive a personalized AAIR does not relieve the owner from the requirement to submit the report. The owner should therefore notify the appropriate TC regional office or Transport Canada Centre (TCC) if the form has not been received two weeks before the anticipated due date.

An alternative due date instead of the flight authority anniversary may be granted in accordance with CAR 501.03.

The owner of an aircraft that will be out of service for one or more reporting periods (calendar years) is not required to submit an AAIR for those periods, provided the appropriate section of form number 24-0059 is completed and indicates the date the aircraft is expected to return to service.

Copy 3 (pink) of the AAIR shall be retained by the owner. Copies 1, 2 and 4 shall be submitted to the appropriate TC regional office in accordance with the mailing instructions on the back of the form.

5.6 Maintenance Requirements for Canadian-Registered Aircraft

5.6.1 General

Under CAR 605—Aircraft Requirements, it is the responsibility of the owner or operator (defined in CAR 101—Interpretation as the person who has legal custody and control of the aircraft) of aircraft other than ultra-light aeroplanes or hang gliders to ensure that his or her aircraft is properly equipped for its intended uses and maintained in accordance with an approved maintenance schedule; that the defects are recorded and properly rectified or deferred; and that any applicable Airworthiness Directives (AD) have been addressed.

It is also the responsibility of owners or operators to ensure that the person intending to take off in the aircraft has the information required to establish whether or not the aircraft is airworthy for the intended flight.

It is then the responsibility of the pilot to be familiar with the available information and to make an informed decision regarding the aircraft and the intended flight.

Under CAR 605, Schedule I, pilots must also enter the particulars of any abnormal occurrence to which the aircraft has been subjected into the aircraft’s records, as well as the particulars of any defect in any part of the aircraft or its equipment that becomes apparent during flight operations.

In addition to the general rules in CAR 605, private operators must also respect the maintenance requirements in CAR 604—Private Operator Passenger Transportation and its related Standard; commercial air operators must respect those in CAR 706—Aircraft Maintenance Requirements for Air Operators, and Flight Training Units must respect those in CAR 406—Flight Training Units.

5.6.2 Maintenance Schedules

CAR 605.86 prescribes, in part, that all Canadian aircraft except ultra-light aeroplanes or hang gliders shall be maintained in accordance with a maintenance schedule that has been approved by the Minister and that conforms to Standard 625—Aircraft Equipment and Maintenance Standard.

Standard 625 includes Appendices B, C and D, which are applicable to the development of maintenance schedules.

Owners of non-commercially operated small aircraft and balloons may choose to comply with Part I or II of Appendix B, as applicable, and Appendix C of Standard 625—Aircraft Equipment and Maintenance Standard. They need not submit any documents to the Minister for formal approval. The maintenance schedule is considered to be approved for their use by the Minister. Owners need only make an entry in the aircraft technical records that the aircraft is maintained pursuant to the maintenance schedule. Owners should periodically review the maintenance schedule to ensure that it meets the requirements.

Operators of large aircraft, turbine-powered pressurized aeroplanes, airships, any aeroplane or helicopter operated by a flight training unit, or any commercially operated aircraft must submit an application for approval of their maintenance schedule to the Minister through the TC regional office with jurisdiction over the area in which the applicant is located. The maintenance schedule shall address the requirements of Appendix D of Standard 625.

5.6.3 Maintenance Performance

CAR 571—Aircraft Maintenance Requirements is applicable to the performance of maintenance or elementary work. It addresses how work should be done, as opposed to what work should be done.

5.6.4 Aircraft Technical Records

CAR 605 and its related Standard prescribe and set out the requirements and procedures for keeping aircraft technical records. Pursuant to CAR 605.92(1), every owner of an aircraft shall keep the following technical records regarding the aircraft:

“(a) a journey log;

(b) a separate technical record for the airframe, each installed engine and each variable-pitch propeller; and

(c) an empty weight and balance report that meets the applicable standards set out in Standard 571—Maintenance.”

The technical records may consist of separate technical records for each component installed in the airframe, engine or propeller. In the case of a balloon or a glider, or an aircraft operated under a Special C of A in the owner-maintenance or amateur-built classification, all technical record entries, referred to above, may be kept in the journey log.

5.6.5 Service Difficulty Reporting (SDR) Program

By means of the SDR Program, reported service difficulties are collected, analyzed and used to identify and rectify, as required, deficiencies of a design, manufacturing, maintenance or operational nature, which might affect the airworthiness of the aircraft.

TC utilizes a user-reporting system to collect service difficulty data.

The SDR Program provides a means for AMEs and private aircraft owners or operators to report service difficulties on a voluntary basis. Commercial or corporate air operators, Canadian holders of design approval documents, and approved organizations engaged in the manufacture, maintenance, repair or overhaul of aeronautical products are subject to the mandatory SDR reporting prescribed by the CARs and as set out in Division IX of CAR 521.

Service difficulties encountered in the field that have caused or may cause a safety hazard may be reported to the Minister using either a Service Difficulty Report (form number 24-0038) or the Internet-based TC Web Service Difficulty Reporting System (WSDRS) application at <http://wwwapps3.tc.gc.ca/Saf-Sec-Sur/2/CAWIS-SWIMN/logon-wsdrs-cs16101.asp?lang=E&rand=>.

Access to the data collected by the SDR Program is available to interested parties from the Headquarters and regional offices of TC and from the TC WSDRS application.

5.7 Airworthiness Directives

5.7.1 General

Compliance with ADs is essential to airworthiness. Pursuant to CAR 605.84, aircraft owners are responsible for ensuring that their aircraft are not flown with any ADs outstanding against that aircraft, its engines, propellers or other items of equipment. Refer to CAR Standard 625, Appendix H, for further details.

When compliance with an AD is not met, the flight authority is not in effect and the aircraft is not considered to be airworthy.

Exemptions to compliance with the requirements of an AD or the authorization of an alternative means of compliance (AMOC) may be requested by an owner as provided for by CAR 605.84(4). Applications should be made to the nearest TC regional office or TCC in accordance with the procedure detailed in CAR Standard 625, Appendix H, subsection 4. General information about exemptions and AMOC is given in subsection 3 of that appendix.

5.7.2 Availability of ADs

TC endeavours to notify individuals of the issuance of any applicable AD or mandatory service bulletin as outlined below. For this to be accomplished, the owner must advise the nearest TCCA office of any change of address in accordance with CAR 202.51. However, TC cannot guarantee that it will receive all foreign ADs. Aircraft owners are responsible for obtaining the relevant continuing airworthiness information applicable to the type and model of aircraft, including its equipment, that they own.

Aircraft owners who wish to ascertain which ADs and service bulletins, if any, apply in Canada for a particular type of aircraft, engine, propeller or other item of equipment may do so by checking this Web site: <http://wwwapps3.tc.gc.ca/Saf-Sec-Sur/2/cawis-swimn/>.

5.7.3 AD Schedule and Compliance Records

Applicable ADs are to be scheduled and their compliance shall be certified by an authorized person in the Aircraft Journey Log and recorded in the appropriate section of the Aircraft Technical Log in accordance with the requirements of CAR 605.