Part VI - General Operating and Flight Rules

Canadian Aviation Regulations (CARs) 2017-2

Standard 625 Appendix H - Airworthiness Directives

Content last revised: 2002/03/01

(1) Responsibilities

Pursuant to CAR 605.84, persons having legal custody and control of aircraft are responsible for ensuring that their aircraft (except for aircraft with Special Certificates of Airworthiness in the Amateur Built or Owner Maintained classifications) are not flown unless they meet the requirements of any Airworthiness Directive (AD) applicable to the aircraft or their components. Owners and lessees must ensure that:
(amended 2002/03/01)

(a) details of the scheduling provisions of any applicable airworthiness directives relating to the airframe, engine(s), propeller(s), component(s), or any parts thereof, are entered into the applicable technical record; and
(amended 2002/03/01)

(b) the requirements of all such ADs are complied with and, where applicable, entries relating to the compliance are made in the aircraft technical records.
(amended 2002/03/01)

(2) Foreign Airworthiness Directives or Other Equivalent Foreign Notices
(amended 2002/03/01)

CAR 605.84 recognizes the mandatory status of foreign ADs and equivalent notices issued by the aviation authority having jurisdiction over the type design of the aeronautical product. In the case of a conflict between an AD issued by TC and one issued by the foreign aviation authority that has jurisdiction over the type design, the AD issued by TC prevails.
(amended 2002/03/01)

Information Note:

(i) Equivalent notices normally take the form of a manufacturer's service bulletin which is prefaced by a statement to the effect that the civil aviation authority having jurisdiction over the type design has declared the bulletin to be mandatory.
(amended 2002/03/01)

(ii) In states where the civil aviation authorities issue ADs separately from the applicable service bulletins, aeronautical product manufacturers occasionally mark their service bulletins "mandatory". Such categorization simply indicates the manufacturer's opinion of the importance of the bulletin and has, by itself, no regulatory obligation, even if the bulletins are shown to be approved by those authorities. (The latter approval applies only to the work description section of the bulletins and indicates that the aircraft or component will still conform to its type certificate following the work.) In short, service bulletins themselves are not mandatory unless mandated by the foreign civil aviation authority, or referenced by an AD.
(amended 2002/03/01)

(iii) ADs issued by a foreign aviation authority that does not have jurisdiction over the type design of the aeronautical product affected, does not apply in Canada.
(amended 2002/03/01)

(iv) Transport Canada (TC) endeavors to transmit to Canadian registered owners the ADs in respect of foreign aeronautical products received from foreign overseeing authorities, and that are accepted by TC. Transport Canada simply advises the registered owners of equivalent notices because the owners are expected to avail themselves of all type certificate holders’ instructions for continuing airworthiness.
(amended 2002/03/01)

(v) As it is impossible for Transport Canada to know on which aircraft a particular appliance is installed, distribution of ADs on appliances is limited to local Transport Canada Centers (TCC). Therefore, the "Miscellaneous" section of the printed or electronic indices must be browsed to identify those ADs applicable to equipment installed on a particular aircraft.
(amended 2002/03/01)

(3) Exemptions and Alternative Means of Compliance
(amended 2002/03/01)

(a) Pursuant to CAR 605.84(4) Alternative Means of Compliance (AMOC) with the requirements of an AD may be used only if approved by the Director, Aircraft Certification Branch, Transport Canada, Ottawa, as offering a degree of safety at least equivalent to that offered by compliance with the AD.
(amended 2002/03/01)

Information Note:

The approval mentioned in section (3) is delegated to the Chief, Continuing Airworthiness.
(amended 2002/03/01)

(b) AMOCs may be issued in respect of, but are not necessarily limited to, the following:
(amended 2002/03/01)

(i) alternative modifications;

(ii) alternative inspection procedures;

(iii) alternative maintenance intervals;

(iv) extensions to compliance deadlines; and

(v) specified operating procedures or limitations.

Information Note:

(i) Foreign ADs are sometimes received late by TC and warrant an extension of compliance deadline prior to their transmission by TC. These foreign ADs are distinctly stamped with a suitable revised effective date, annotated with an AMOC approval number, and signed by the Chief, Continuing Airworthiness.

(ii) Information about the existence of any TC approved exemption, or AMOC, is available upon request from the Continuing Airworthiness Division, Ottawa. Details of an AMOC, however, are often proprietary to the owner of that approval, and in all cases will have to be requested directly from that owner.

(4) Application for Approval of an Exemption or AMOC
(amended 2002/03/01)

(a) Application for exemption from a Canadian or foreign AD and for the requisite AMOC is to be made, in writing, to the local TCC. Under no circumstances shall a request for an exemption to a foreign AD be made directly to a foreign issuing authority.

(b) When submitting an application for an exemption or AMOC, justification shall be provided by the applicant that the requested exemption or AMOC will provide a level of safety equivalent to that of the original AD requirements.

(c) The application shall provide complete details, including:

(i) aircraft type;

(ii) aircraft serial number(s) and registration marks, and where applicable, the engine or the propeller serial number or both;

(iii) owner's name;

(iv) organization making the application with name of contact, if not the owner;

(v) AD number;

(vi) components involved;

(vii) exact details of the proposed change together with reasons for the application;

(viii) drawings or sketches to clearly describe any repairs or modifications; and

(ix) date by which a reply is required.

(d) Type certificate holders of aeronautical products may apply for an exemption or an AMOC on behalf of the owners of the products. If the request is granted, the type certificate holder will be asked to communicate the information to the owners, together with the approval number and any conditions specified. Exemptions and AMOCs issued through a type certificate holder by the foreign authority who issued the original AD are usually accepted by TC in the same manner as the original directive, and need no confirming approval by TC. However, pursuant to CAR 605.84(2), TC reserves the right to overrule foreign exemptions or AMOC. Approval of an exemption from an AD, or of alternate means of compliance with an AD, shall be indicated in a letter issued by the Chief of Continuing Airworthiness. The letter shall be retained with the aircraft technical records.
(amended 2002/03/01; no previous version)

Information Note:

Following publication of an AD, the US Federal Aviation Administration (FAA) may occasionally issue an AMOC, either absolutely or in principle, for instance, but not exclusively, by means of a manufacturer's service bulletin. The "in principle" AMOCs sometimes require American aircraft owners to request individual approval from their local FAA office. In such cases, affected Canadian owners who wish to take advantage of the provisions must submit a request to TC. However, the information required by subparagraphs 4(c)(vi), (vii), and (viii) of this appendix may be satisfied by including a copy of the FAA approval document as transmitted by the American manufacturer.
(amended 2002/03/01)

(e) Transport Canada accepts AMOCs approved by structural Designated Engineering Representatives (DERs) who have been authorized by the FAA.
(amended 2002/03/01; no previous version)

Information Note:

The U.S. FAA introduced, by Notice N 8110.72 dated 30 March 1998, a delegation of the approval responsibility for AMOCs to the structural DERs working for certain Type Certificate holders. This delegation is limited to repairs and modifications required by ADs specific to the products of the Type Certificate holder. FAA Form 8110-3 is the AMOC approval document and will include the necessary information.

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