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7. Previous Version - Part V - Subpart 11 - Approval of the Type Design of an Aeronautical Product

Previous Version - Part V - Subpart 11 - Approval of the Type Design of an Aeronautical Product

Canadian Aviation Regulations (CARs) 2011-2

Content last revised: 2003/06/05

(amended 2003/06/05; previous version)

DIVISION I - GENERAL

Interpretation

511.01 In this Subpart,

“aeronautical product” means an aircraft, aircraft engine, aircraft propeller or aircraft appliance; (produit aéronautique)

“applicant” means an individual or organization, or a representative of an individual or organization, that makes an application for a type certificate or a change to a type certificate in respect of an aeronautical product; (demandeur)
(amended 2003/06/05; previous version)

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

Application

511.02 This Subpart applies

(a) subject to section 511.04, in respect of the issuance of or a change to a type certificate for an aeronautical product to record the approval of the type design of the aeronautical product; and

(b) to the holders of a type certificate referred to in paragraph (a).

511.03 Reserved

DIVISION II - AERONAUTICAL PRODUCTS

Exceptions

511.04 Sections 511.08 and 511.10, paragraph 511.11(1)(c), subsection 511.11(3), subparagraph 511.11(5)(b)(ii) and section 511.30 do not apply in respect of a foreign aeronautical product.

Application for the Issuance of or a Change to a Type Certificate

511.05 (1) An applicant shall submit an application for a type certificate in respect of an aeronautical product to the Minister in the form and manner specified in Chapter 511 of the Airworthiness Manual.

(2) A type certificate applied for in accordance with subsection (1) shall be issued in the name of the individual or organization that has responsibility for the type design of the aeronautical product and in whose name the application was made.

(3) The holder of a type certificate may submit an application for a change to the type certificate issued in respect of an aeronautical product to the Minister and shall do so in the form and manner specified in Chapter 511 of the Airworthiness Manual.

Effective Period of an Application

511.06 (1) Unless the applicant demonstrates, at the time of submitting an application for a type certificate or a change to a type certificate in respect of an aeronautical product, that the aeronautical product requires a longer period for design, development and testing — and for that reason the Minister approves a longer period — the application is effective during one of the following periods, starting on the date of application:
(amended 2003/06/05; previous version)

(a) five years for a transport category aeroplane certified under Chapter 525 of the Airworthiness Manual or a transport category rotorcraft certified under Chapter 529 of the Airworthiness Manual;

(b) three years for an aircraft other than an aircraft referred to in paragraph (a);

(c) three years for an aircraft engine, an aircraft propeller or a turbine-powered APU; and

(d) two years for an aircraft appliance other than a turbine-powered APU.

(2) If a type certificate will not been issued or a change to a type certificate will not be approved within the period established in accordance with subsection (1), the applicant may
(amended 2003/06/05; previous version)

(a) submit a new application; or

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

Applicable Standards

511.07 (1) The applicable standards for the issuance of a type certificate in respect of an aeronautical product are

(a) subject to subsection (2), the standards of airworthiness specified in this Part that were in force

(i) subject to section 511.20, on the date of application for the type certificate, or

(ii) if the effective period of an application for a type certificate is extended under paragraph 511.06(2)(b), then the date of application under subparagraph (i) is — for the purposes of determining the standards in force — deferred for the same period of time.
(amended 2003/06/05; previous version)

(b) any special conditions specified by the Minister as being necessary to ensure that the type design will provide a level of safety equivalent to the level that would result from compliance with the standards of airworthiness in force on the date of application for the type certificate, if

(i) the aeronautical product has novel or unusual design features, or

(ii) there are no applicable standards of airworthiness for the aeronautical product; and

(c) except for aircraft in respect of which certification is requested in the restricted category for agricultural or fire-fighting operations, the aircraft emissions standards specified in Subpart 16.
(amended 2003/06/05; previous version)

(2) An applicant may, with the approval of the Minister, elect to include any changes to the standards of airworthiness specified in paragraph (1)(a) that are made after the date chosen in accordance with that paragraph on condition that any related changes are also included and that, on the basis of that inclusion, the Minister approves the election.

Test Requirements

511.08 (1) For an initial or subsequent test flight, an applicant for a type certificate in respect of an aircraft or for a change to the type design of an aircraft shall, in accordance with Chapter 511 of the Airworthiness Manual,

(a) make provision for emergency situations and provide emergency equipment for the safety of the test flight personnel;

(b) have a system for the control of the configuration of the aircraft used for the test flight; and

(c) conduct analyses, tests and inspections of the aircraft used for the test flight to ensure that that aircraft will operate safely within the flight limitations and restrictions specified by the applicant.

(2) An applicant referred to in subsection (1) shall submit the data specified in Chapter 511 of the Airworthiness Manual

(a) when applying, pursuant to Subpart 7, for a flight authority for the initial test flight of the aircraft; and

(b) before conducting the first test flight of the aircraft involving Department of Transport personnel.

Function and Reliability Test Flights

511.09 An applicant for a type certificate in respect of an aircraft shall conduct function and reliability test flights for the aircraft categories specified in Chapter 511 of the Airworthiness Manual and demonstrate compliance with the standards specified in that Chapter.

Involvement of the Minister

511.10 An applicant shall give the Minister access to the aeronautical product that is the subject of an application made under section 511.05 in order to make any inspection and engineering assessment or conduct any flight or ground test that is necessary to determine compliance with the standards specified in sections 511.07 and 511.13.
(amended 2003/06/05; previous version)

Issuance of a Type Certificate

511.11 (1) The Minister shall, subject to section 6.71 of the Act, issue a type certificate in respect of an aeronautical product if the applicant demonstrates, in accordance with the procedures specified in Chapter 511 of the Airworthiness Manual, that

(a) subject to subsection (2), the type design of the aeronautical product meets the applicable standards specified in section 511.07;

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

(c) subject to subsection (3), the test flights required by section 511.09 have been conducted.

(2) If the type design of an aeronautical product does not meet all of the applicable standards specified in section 511.07, the Minister shall, subject to section 6.71 of the Act, issue a type certificate in respect of the aeronautical product if the applicant demonstrates that

(a) the unmet standards are compensated for by factors that provide an equivalent level of safety; or

(b) the consequences of the standards not being met are negligible with respect to the level of safety, given the experience accumulated or the tests carried out.

(3) If the test flights required by section 511.09 have not been completed, the Minister shall, subject to section 6.71 of the Act, issue a type certificate in respect of an aeronautical product if a program exists to ensure their completion prior to the delivery of the first aircraft or the issuance of the certificate of airworthiness, whichever occurs later.

(4) The Minister shall issue a provisional type certificate in respect of an aeronautical product if the applicant meets the applicable standards specified in section 511.11 of the Airworthiness Manual.

(5) The Minister shall issue a type certificate in respect of an aircraft in the restricted category for special purpose operations within the meaning of section 511.05 of the Airworthiness Manual if the applicant demonstrates that

(a) no feature or characteristic of the aircraft makes it unsafe when it is operated within the limitations specified for its intended use; and

(b) the aircraft

(i) meets the applicable standards specified in section 511.07, except those standards that are inappropriate for the special purpose operation, or

(ii) is of a type manufactured in accordance with the requirements of, and accepted and used by, the Department of National Defence and has been modified for a special purpose operation.

Changes to a Type Design

511.12 (1) Subject to section 511.22 and subsection (3), if the holder of a type certificate in respect of an aeronautical product proposes to make a change to the type design that affects the airworthiness of the aeronautical product, or an acoustical change to, or a change in the emissions specified in, an aircraft or aircraft engine type design, the Minister shall approve the design change for incorporation into the type design if the holder

(a) demonstrates compliance with the applicable standards specified in section 511.13, in accordance with the procedures specified in Chapter 511 of the Airworthiness Manual;
(amended 2003/06/05; previous version)

(b) meets the requirements of subsection 511.08(1) before conducting a test flight in respect of the changed type design; and
(amended 2003/06/05; previous version)

(c) in the case of an aircraft, demonstrates that no feature or characteristic makes it unsafe, taking into account the category in which certification is requested.
(amended 2003/06/05; no previous version)

(2) If the holder of a type certificate proposes to make a change to the type design other than a change referred to in subsection (1), the holder shall follow procedures that ensure that the type design continues to meet the standards recorded in the type certificate data sheets.

(3) The approval referred to in subsection (1) is not required in respect of an acoustical change to an aircraft if

(a) the basis of certification for the aircraft does not contain noise emission standards; or

(b) the change is the result of

(i) adding or removing floats or skis,

(ii) adding or removing external equipment, doors or windows,

(iii) equipping the aircraft for aerial work for agricultural or fire prevention or fire-fighting purposes, or

(iv) modifications required to comply with an airworthiness directive issued under section 593.02.

(4) If the type design of an aeronautical product does not meet all of the applicable standards specified in section 511.13, the Minister shall, subject to section 6.71 of the Act, approve a change to the type design in respect of the aeronautical product if the applicant demonstrates that
(amended 2003/06/05; no previous version)

(a) the unmet standards are compensated for by factors that provide an equivalent level of safety; or
(amended 2003/06/05; no previous version)

(b) the consequences of the standards not being met are negligible with respect to the level of safety, given the experience accumulated or the tests carried out.
(amended 2003/06/05; no previous version)

(5) The Minister shall approve a change to the type design in respect of an aircraft in the restricted category for special purpose operations within the meaning of section 511.05 of the Airworthiness Manual if the applicant demonstrates that
(amended 2003/06/05; no previous version)

(a) no feature or characteristic of the aircraft makes it unsafe when it is operated within the limitations specified for its intended use; and
(amended 2003/06/05; no previous version)

(b) the aircraft meets the applicable standards of airworthiness specified in section 511.13 of the Regulations, except for those standards that are inappropriate for the special purpose operation.
(amended 2003/06/05; no previous version)

Applicable Standards for Changes to a Type Design

511.13 (1) Subject to subsections (2) to (10), the holder of a type certificate who proposes to change the type design of an aeronautical product shall show that the changed aeronautical product meets
(amended 2003/06/05; previous version)

(a) the standards of airworthiness that are in force on the date of the application for the proposed change; and
(amended 2003/06/05; previous version)

(b) the standards specified in Subpart 16 that are in force on a date as determined there.
(amended 2003/06/05; previous version)

(2) The applicable standards of airworthiness for an aircraft appliance are those recorded in the type certificate data sheets and any special conditions prescribed under subsection (7).
(amended 2003/06/05; previous version)

(3) The changed aeronautical product may comply with an earlier amendment of a standard required under subsection (1) if the Minister determines that the proposed change is not significant in the context of all previous relevant design changes and the related amendments of the applicable standards recorded in the type certificate data sheets. A change is significant if
(amended 2003/06/05; no previous version)

(a) the general configuration or principles of construction are not retained; or
(amended 2003/06/05; no previous version)

(b) the assumptions used in obtaining the type certificate for the aeronautical product do not remain valid.
(amended 2003/06/05; no previous version)

(4) The changed aeronautical product may comply with an earlier amendment of a standard required under subsection (1) in respect of an area, system, component, equipment or appliance if the Minister determines that the area, system, component, equipment or appliance
(amended 2003/06/05; no previous version)

(a) is not affected by the change; or
(amended 2003/06/05; no previous version)

(b) is affected by the change, but compliance with a standard required under subsection (1) would not contribute materially to the level of safety or would not be practical.
(amended 2003/06/05; no previous version)

(5) A standard referred to in subsection (3) or (4) may not precede a standard that is recorded in the type certificate data sheets or an applicable standard set out in section 523.2, 525.2, 527.2 or 529.2 of the Airworthiness Manual.
(amended 2003/06/05; no previous version)

(6) The applicable standards of airworthiness for a change to the type design of an aircraft, other than a rotorcraft, of a maximum weight of 2 720 kg (6,000 pounds) or less or of a non-turbine rotorcraft of a maximum weight of 1 360 kg (3,000 pounds) or less are those recorded in the type certificate data sheets, unless the Minister determines that
(amended 2003/06/05; no previous version)

(a) the change is significant and compliance is required with an amendment of the standards recorded in the type certificate data sheets that apply to the change and with any standards that are directly related; and
(amended 2003/06/05; no previous version)

(b) the compliance with the amendment of the standards referred to in paragraph (a) would contribute materially to the level of safety and would be practical.
(amended 2003/06/05; no previous version)

(7) An applicant for a change to the type design of an aeronautical product shall comply with any special conditions or amendments of those conditions that are necessary to ensure that the changed aeronautical product will provide a level of safety equal to that established by the applicable standards referred to in subsections (1) to (6), (8) and (9) if
(amended 2003/06/05; no previous version)

(a) the changed aeronautical product has novel or unusual design features; or
(amended 2003/06/05; no previous version)

(b) there are no applicable standards of airworthiness for the changed aeronautical product.
(amended 2003/06/05; no previous version)

(8) If a change is made to the type design of an aircraft certified under subsection 511.11(5), the changed aeronautical product must meet
(amended 2003/06/05; no previous version)

(a) the standards of airworthiness applicable to that category of aeronautical product in force on the date of the application for the proposed change, except for those standards that are inappropriate for the special purpose operation; or
(amended 2003/06/05; no previous version)

(b) the standards of airworthiness recorded in the type certificate data sheets — or an earlier amendment of a standard referred to in paragraph (a) — if they will provide a level of safety appropriate for the special purpose operation.
(amended 2003/06/05; no previous version)

(9) The holder of a type certificate may, with the approval of the Minister, elect to comply with an amendment of a standard of airworthiness that is made after the date of the application for the proposed change to the type design if any related amendments are also included.
(amended 2003/06/05; no previous version)

(10) If the effective period of an application for a change to the type certificate is extended under paragraph 511.06(2)(b), then the date of application for the change proposed under subsection (1) is — for the purposes of determining the standards in force — deferred for the same period of time.
(amended 2003/06/05; no previous version)

Changes to a Type Design Requiring a New Type Certificate

511.14 The holder of a type certificate who proposes to change the type design of an aeronautical product shall assign a new designation to the aeronautical product and submit an application for a new type certificate if the Minister determines that the scope and nature of the proposed change in design, configuration, power, power limitations (engines) or weight are so extensive that a substantially complete investigation is necessary to determine compliance with the applicable standards of airworthiness.
(amended 2003/06/05; previous version)

511.15 to 511.19 Reserved

DIVISION III - FOREIGN AERONAUTICAL PRODUCTS

Applicable Standards

511.20 The applicable standards of airworthiness for the issuance of a type certificate or approval of a change to the type certificate in respect of a foreign aeronautical product are those specified in this Part that were in force on the later of
(amended 2003/06/05; previous version)

(a) the date on which an application for the type certificate or change to the type certificate, or an equivalent document, was submitted to the airworthiness authority having jurisdiction in the state of design, and
(amended 2003/06/05; previous version)

(b) the date that precedes, by the effective period applicable to the product as specified in subsection 511.06(1), the date of issuance of the type certificate or approval of the change to the type certificate by the airworthiness authority having jurisdiction in the state of design.
(amended 2003/06/05; previous version)

Issuance of a Type Certificate

511.21 (1) The Minister shall, subject to section 6.71 of the Act, issue a type certificate in respect of an aeronautical product that is intended for importation if the airworthiness authority having jurisdiction in the state of design has issued a document equivalent to a type certificate in respect of the aeronautical product.

(2) An application for a type certificate in respect of an aeronautical product that is intended for importation shall be submitted to the airworthiness authority having jurisdiction in the state of design in accordance with Chapter 511 of the Airworthiness Manual.

(3) If the Minister has insufficient information relating to the airworthiness of an aeronautical product in respect of which an application referred to in subsection (2) has been submitted, the Minister shall require a type design examination of the aeronautical product in accordance with Chapter 511 of the Airworthiness Manual.

(4) An applicant who submits an application referred to in subsection (2) shall demonstrate to the Minister, in accordance with Chapter 511 of the Airworthiness Manual, that the type design of the aeronautical product meets

(a) the standards specified in section 511.07, applicable at the time of submission of the application; and

(b) the aircraft emissions standards in force on the date of issuance of the type certificate by the airworthiness authority having jurisdiction in the state of design.

Changes to a Type Design

511.22 If the holder of a type certificate issued under section 511.21 makes a change to the type design of an aeronautical product that alters a condition or limitation prescribed for the aeronautical product by the airworthiness authority having jurisdiction in the state of design, the change shall be approved by that airworthiness authority and is subject to a type design examination in accordance with Chapter 511 of the Airworthiness Manual.

511.23 and 511.24 Reserved

DIVISION IV - TRANSFER OF CERTIFICATES

Transfer of a Type Certificate

511.25 The Minister shall approve the transfer of a type certificate from the holder to another individual or organization if the holder notifies the Minister in accordance with subsection 511.25(1) of the Airworthiness Manual and the other individual or organization complies with subsection 511.25(2) of the Airworthiness Manual.

511.26 to 511.29 Reserved

DIVISION V - HOLDERS OF CERTIFICATES

Responsibilities of the Type Certificate Holder

511.30 (1) The holder of a type certificate in respect of an aeronautical product shall, at the request of the Minister, produce the type design for the Minister’s examination.

(2) The holder of a type certificate in respect of an aeronautical product shall establish, maintain and, on request, make available to the Minister the records of the analyses and tests that were conducted to establish that the aeronautical product is in compliance with the applicable standards, in accordance with Chapter 511 of the Airworthiness Manual.

Provision of Manuals

511.31 The holder of a type certificate in respect of an aeronautical product shall provide and maintain the manuals specified in section 511.31 of the Airworthiness Manual.

Mandatory Changes

511.32 If a change to the type design approved in the type certificate in respect of an aeronautical product is required to rectify an unsafe condition, the holder of the type certificate shall

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

(b) on approval of the type design change, make available to every owner and every operator of the aeronautical product the information that is necessary to allow them to make the change.

Service Difficulty Reporting

511.33 A Canadian holder of a type certificate shall report service difficulties in accordance with section 591.01.

Supplemental Integrity Instructions

511.34 (1) This section applies in respect of an aeroplane for which a type certificate in the commuter category or the transport category has been issued and that is operated under Subparts 4 and 5 of Part VII.

(2) Before an aeroplane referred to in subsection (1) meets the in-service criterion set out in subsection (3), the holder of the type certificate in respect of the aeroplane shall, in accordance with Chapter 511 of the Airworthiness Manual,

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

(b) on their being approved under subsection (5), make the supplemental integrity instructions available to every owner and every operator of an aeroplane of that type.

(3) The in-service criterion that an aeroplane must meet for the implementation of supplemental integrity instructions is that if, in respect of the aeroplane,

(a) a Corrosion Protection and Control Program is in place, the aeroplane reaches the design goal, within the meaning of section 511.34 of the Airworthiness Manual, as established by the type certificate holder ;

(b) if no Corrosion Protection and Control Program is in place, the aeroplane completes 20 years of service; or

(c) if no design goal has been established, the aeroplane completes 20 years of service.

(4) The holder of a type certificate who is required by subsection (2) to develop supplemental integrity instructions in respect of an aeroplane shall ensure that the instructions

(a) set out a method of ensuring continued compliance with the basis of the type certification of the aeroplane;

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

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

(d) include a supplemental structural integrity document that provides the information specified in section 511.34 of the Airworthiness Manual.

(5) The Minister shall approve the supplemental integrity instructions submitted in respect of an aeroplane if it is determined that the instructions provide for the same level of safety of the aeroplane as was the case at the time the type certificate was issued for that aeroplane.

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

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

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

Date modified:

2011-11-29

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