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Q & A – Canadian Aviation Regulation (CAR) 521

Below are the questions and answers that came up during the CAR 521 information sessions held in the fall of 2009.

A- Introduction:

A1- Q: What is the purpose of CAR 521 and why did we need this change?
A: The purpose of CAR 521 is to clarify Transport Canada Civil Aviation (TCCA) regulatory requirements, and to harmonize Transport Canada’s regulatory structure with the FAA and EASA. This change was required because Transport Canada CARs and Standards needed to be reviewed to:

  1. determine if they were still current and relevant, and
  2. streamline the old regulatory structure.

A2- Q: How long has CAR 521 been in development?
A: CAR 521 has been in development for almost 10 years. CAR 521 was started in December 1999 under a Canadian Aviation Regulation Advisory Council (CARAC) Technical working committee.

A3- Q: Why wasn’t CAR 521 published in Gazette I for consultation before it was published in Gazette II?
A: A new government-wide regulatory process involves a triage process, which assesses whether new or revised regulations require publication in both Canada Gazette I and Gazette II, or whether the regulation can be published in Gazette II. CAR 521 underwent this process and was assessed accordingly. More information on the regulatory process may be found on the following websites:
http://www.gazette.gc.ca/index-eng.html
http://www.tc.gc.ca/eng/civilaviation/publications/tp185-4-07-regulations-745.htm

A4- Q: Does CAR 521 include requirements for the Aircraft Certification Accountability Framework (ACAF)?
A: No. ACAF is a separate regulatory initiative. More information on ACAF may be found on the following website:
http://www.tc.gc.ca/eng/civilaviation/standards-reg-standards-faq-3480.htm

A5- Q: Will there be a Standard 521?
A: No. CAR 521 covers all the regulatory requirements, and enables all the Airworthiness Manual (AWM) design chapters. Other supporting information will be published in guidance material such as Staff Instructions (SIs) and Advisory Circulars (ACs).

A6- Q: What does the regulatory structure of PART V look like today?
A: CAR 521 replaces 16 regulations with a new one and removes 4 standards. Standards of airworthiness, environment and equipment required by the operating regulations have remained. See Table 1 below.

Table 1: CAR 521

Old Regulations and Standards New regulation that has replaced old regulations
Regulations:

Subpart 11 - Approval of the Type Design of an Aeronautical Product
Subpart 13 - Approval of Modification and Repair Designs
Subpart 16 - Aircraft Emissions
Subpart 22 - Gliders and Powered Gliders
Subpart 23 - Normal, Utility, Aerobatic and Commuter Category Aeroplanes
Subpart 25 - Transport Category Aeroplanes
Subpart 27 - Normal Category Rotorcraft
Subpart 29 - Transport Category Rotorcraft
Subpart 31 - Manned Free Balloons
Subpart 33 - Aircraft Engines
Subpart 35 - Aircraft Propellers
Subpart 37 - Aircraft Appliances and Other Aeronautical Product
Subpart 41 - Airships
Subpart 51 - Aircraft Equipment
Subpart 91 - Service Difficulty Reporting



CAR 521
Old Standards:

Chapter 511 - Approval of the Type Design of an Aeronautical Product
Chapter 513 - Approval of Modification and Repair Designs
Standard 591 - Service Difficulty Reporting and
Standard 593 - Airworthiness Directives

CAR 521

A7- Q: How is CAR 521 structured?
A: CAR 521 is made up of eleven divisions. Divisions II, IV, VIII, and XI are the four "foundation" divisions in CAR 521.

A8- Q: What is a "foundation" division?
A: A "foundation" division is fundamental to the aircraft certification process. Divisions II, IV, VIII and XI are these "foundation" divisions. For example, changes to a type design will refer to Division II–Type Certificates, while Division V-Supplemental Type Certificates, relies heavily on Division IV–Changes to a Type Design for its requirements.

A9- Q: What are the three divisions that deal with changes to a type design by someone other than the type certificate holder?
A: Division V—Supplemental Type Certificates (STC), Division VI—Repair Design Approvals (RDA), and Division VII—Part Design Approvals (PDA) deal with changes to a type design by someone other than the type certificate holder.

A10- Q: How do I know if the website on CAR 521 is current?
A: Refer to the bottom of every webpage where there is a "Date Modified: YYYY-MM-DD."

A11- Q: Is "Level of Involvement" (LOI) a part of CAR 521?
A: No, LOI is not part of CAR 521. However, information on LOI can be found in Staff Instruction (SI) 500-003—Level of Involvement (LOI).

A12 – Q: Does the change in terminology from "compliance" to "conformity" mean that industry has to change all their manuals to reflect this new terminology?
A: No. A Notice of Proposed Amendment (NPA) has been tabled to revert back to "compliance" as it was used in CAR and Airworthiness Manual Chapter 511 and 513.

A13- Q: Are provisional type certificates in CAR 521?
A: CAR 521 does not address provisional type certificates. This reflects Transport Canada efforts to harmonise with other aviation authorities.

B- Division I-General

B1- Q: What is Division I about?
A: Division I of CAR 521:

  • acts as a roadmap to say to whom CAR 521 applies and where to go within CAR 521 for a specific type of design approval document; and
    521.02 Application

B2- Q: What is the relationship between the applicant and the intended holder in regards to a design approval document?
A: The applicant and the intended holder are normally the same person in regards to CAR 521. The intent is that the applicant will become the holder of the design approval document and in so doing will be responsible for the aeronautical product. If the intended holder and the applicant are not the same person, then Transport Canada must be made aware of a written agreement between the applicant and the intended holder of the design approval document.
521.01 Interpretation

B3- Q: If I sign the application form, am I the applicant?
A: CAR 521 requires the intended holder of a design approval document to sign the application form as the applicant. This requirement may be modified if Transport Canada is made aware of a written agreement between the applicant and the intended holder.
521.01 Interpretation

B4- Q: What if I am a Design Approval Representative (DAR), Airworthiness Engineering Organization (AEO) or Design Approval Organization (DAO), and I sign the application form on behalf of the applicant?
A: Historically, out of convenience the person signing the application was often the aircraft certification ministerial delegate. It must be the applicant who signs the application form, unless there is a written agreement that Transport Canada is aware of that allows the ministerial delegate to sign on the applicant’s behalf. It should be clear, however, that the delegate is signing as an individual, and is NOT to use their delegate identification number.
521.01 Interpretation

C- Division II – Type Certificates

C1- Q: What is Division II about?
A: Division II is one of the "foundation" divisions of CAR 521. Except for a few changes, a lot of the information in Division II comes from CAR 511.
521.25 Application

C2- Q: Does CAR 521 apply to type certificate applications already in progress?
A: CAR 521 applies to all applications that were not approved before December 1, 2009.

Eligibility requirements

C3- Q: Will the eligibility requirement for having "technical capability" prevent new applicants from applying?
A: The CAR 521 requirement for an applicant to have "technical capability" is not intended to keep applicants unfamiliar with the aircraft certification process from applying. It is meant to encourage all applicants to have access to resources required to demonstrate that their product complies with the certification basis.
521.26 Eligibility Requirements

C4- Q: Does the applicant’s technical capability need to be documented?
A: Applicants are required to document their technical capability to the Transport Canada project manager responsible for the project in question. If the applicant is already a delegated design approval organization or has prior experience with Transport Canada such as working on a mentoring program with Transport Canada, then the applicant will have fulfilled the technical capability requirement. New applicants will be addressed on a case-by-case basis depending on the applicant’s level of knowledge of the regulations and standards with which they must comply.
521.26 Eligibility Requirements

C5- Q: Is there a Staff Instruction for "Eligibility Requirements"?
A: Staff Instructions (SIs) and Advisory Circulars (ACs) associated with the requirements of CAR 521 are currently being developed.
521.26 Eligibility Requirements

C6- Q: What if the applicant doesn’t have the technical capability?
A: An applicant that has access to the appropriate technical expertise would also fulfill the technical capability requirement.
521.26 Eligibility Requirements

Declaration of Conformity

C7- Q: What is the significance of the Declaration of Conformity?
A: The Declaration of Conformity is intended to reinforce the accountability of the applicant. By signing the declaration of conformity, the applicant is agreeing that the type design conforms to the certification basis to the best of their knowledge.
521.33 Conformity with Certification Basis

C8- Q: When does the Declaration of Conformity need to be submitted?
A: Once all the work to demonstrate that the aeronautical product in question conforms to its certification basis has been completed, the Declaration of Conformity is submitted.
521.57 Issuance of a Type Certificate
521.33 Conformity with Certification Basis

C9- Q: Why is the applicant now responsible for signing the Declaration of Conformity? Wasn’t that the Minister’s responsibility?
A: CAR 521 emphasizes the responsibilities of a design approval document holder and the applicant’s awareness of these responsibilities.
521.57 Issuance of a Type Certificate

C10- Q: Does signing the Declaration of Conformity make the applicant legally responsible for the design?
A: Yes. The intent is that once the design is stable, the applicant has the known configuration of the design and must take responsibility for it.
521.57 Issuance of a Type Certificate

C11- Q: Is Transport Canada expecting the delegate to sign the Declaration of Conformity?
A: Transport Canada requires the applicant to sign the Declaration of Conformity.

C12- Q: What if the applicant would like the delegate to sign on their behalf?
A: A delegate may sign the Declaration of Conformity on behalf of the applicant. However, Transport Canada must be made aware of this, and the delegate must not use their delegate number.

C13- Q: Does the Declaration of Conformity replace the Finding of Compliance form?
A: No, findings of compliance are still made by the Ministerial Delegate or appropriate Transport Canada specialists.

C14- Q: If the certificate is transferred, does the Declaration of Conformity of the original design approval document holder still apply?
A: No. The Declaration of Conformity applies only to the original design approval document holder. However, if a design approval document is transferred, the new holder will be required to uphold the obligations in Division VIII–Responsibilities of a Design Approval Document Holder.
521.357 Transfer

C15- Q: If a design approval document is transferred, is the new holder required to sign a Declaration of Conformity?
A: No, the new holder is not required to sign a Declaration of Conformity as this is done during the application process. Once the design approval document has been issued, the holder of the document or any subsequent design approval documents would be required to adhere to the obligations defined in Division VIII of CAR 521.
521.357 Transfer

C16- Q: Does CAR 521 require the applicant, or the person who is signing the Declaration of Conformity, to be an engineer?
A: CAR 521 does not require the applicant, or the person who is signing the Declaration of Conformity to be an engineer. The applicant is the person responsible for the application and design of the aeronautical product.
521.33 Conformity with Certification Basis

C17- Q:. Does a delegate need to tell the applicant of the design approval document what the obligations of the design approval document holder are?
A: Yes, the delegate should know and tell the applicant what the responsibilities of the design approval document holder are.

C18- Q: Who is responsible for accepting the Declaration of Conformity?
A: The Minister is responsible for accepting the Declaration of Conformity.
521.57 Issuance of a Type Certificate

C19- Q: DARS often act as the agent for applicants. Can they sign the Declaration of Conformity?
A: A DAR may sign the Declaration of Conformity, as long as Transport Canada has a clear understanding of who the intended design approval document holder is. This may mean part of the business plan between the DAR and the intended holder has to be revised, as a delegate cannot sign under their ministerial delegation. Guidance material is currently being developed to address this.

Application for a Type Certificate

C20- Q: Has the application process changed?
A: No, the application process has not changed. However, the information that an applicant is required to submit may now be found on a newly introduced application form. The applicant is not required to use the Transport Canada form as long as all the information identified on the form is supplied.
521.28 Application for a Type Certificate

C21- Q: What has happened to the compliance plan?
A: The compliance plan still exists. Guidance material addressing the compliance plan is currently being developed.

C22- Q: What has happened to the certification plan?
A: CAR 521 has formalized the practice of requesting a certification plan. Advisory material on certification plans is being developed.
521.28 Application for a Type Certificate

Certification Basis

C23- Q: Has the requirement for a certification basis changed?
A: No, the requirement for a certification basis has not changed. It is still the Minister’s responsibility to establish the certification basis. However, those elements that make up the certification basis are now clearly stated in the regulation.
521.30 Certification Basis

C24- Q: Whose responsibility is it to establish the certification basis?
A: The applicant is responsible for proposing the certification basis. It is the Minister’s responsibility to establish the certification basis.
521.30 Certification Basis

C25- Q: Now that electing to comply with a later standard becomes part of the permanent certification basis under CAR 521, should the later standard be part of the certification plan?
A: Yes, it should. When an applicant chooses to comply with a later standard then that standard becomes part of the certification basis and should be reflected in the certification plan.
521.30 Certification Basis

C26- Q: Can Special Conditions of Airworthiness still be applied?
A: Yes, special conditions of airworthiness can be applied, but only to novel or unusual design features. However, Transport Canada will no longer create a special condition of airworthiness to develop a certification basis for an appliance or a part.
521.30 Certification Basis

C27- Q: Is Equivalent Safety addressed in CAR 521?
A: Yes, equivalent safety is addressed in CAR 521.
521.30 Certification Basis

C-28 Q: Are Exemptions addressed in CAR 521?
A: CAR 521 defines Exemptions by combining the definitions that had been in CAR 511 and CAR 513 into a single definition.
521.30 Certification Basis

C-29 Q: Has CAR 521 introduced any changes in regard to (former) Department of National Defence (DND) aircraft?
A: CAR 521 introduces some changes in regard to former DND aircraft. CAR 521 addresses the requirements that former DND aircraft will have to meet in order to be type certified as a restricted category aircraft. These aircraft will be certified based on the design and performance requirements of the Department of National Defence as demonstrated through their service history. A former Department of National Defence aircraft can obtain a civil type certificate based on the standards of airworthiness set out in CAR 521.
521.30 Certification Basis

C-30 Q: When you talk about the means of certifying ex-military aircraft, are you talking about Canadian aircraft and not foreign ex-military aircraft?
A: It is intended for Canadian ex-military aircraft because Transport Canada may have access to the service history. Extending it beyond that poses other challenges. However a Special Certificate of Airworthiness Limited could be used for imported ex-military aircraft.
521.30 Certification Basis
507.03 Issue of Special Certificates of Airworthiness

C-31 Q: What happened to the restricted category aircraft for a special purpose?
A: This is now addressed in the application form, which can be found in the Forms Catalogue at http://wwwapps.tc.gc.ca/Corp-Serv-Gen/5/Forms-Formulaires/English.aspx;
The application requires the product category to be identified. If the restricted category aircraft is selected, its intended use must be identified, as it had been prior to CAR 521.
521.30 Certification Basis

Standards of Airworthiness

C32- Q: What happened to all those CARs that had one line to enable each Chapter of the Airworthiness Manual (AWM)?
A: All the CARs that had one line enabling their respective chapter of the AWM are gone. CAR 521 enables all the chapters of the AWM under subsection 521.31– Standards of Airworthiness.
521.31 Standards of Airworthiness

Aircraft Emission Standards

C33- Q: How are the emission standards determined?
A: The emission standards for each aeronautical product are those that are stated in ICAO annex 16, and enabled through AWM 516.
521.32 Aircraft Emissions Standards

C34- Q: How are the requirements for recording noise levels determined?
A: The requirements for recording noise levels in the flight manual or a supplement to that manual have changed from CAR 507. ICAO Annex 16 provides guidance.
521.32 Aircraft Emissions Standards

Conformity with the Certification Basis

C35- Q: Will Instructions for Continued Airworthiness (ICAs) still be required?
A: Yes, if ICAs are required by the certification basis.
521.33 Conformity with Certification Basis

Inspections and Tests

C36- Q: Has anything changed in regards to Inspections and Tests?
A: What had been done through policy, advisory and guidance material in regards to Inspections and Tests is now regulated through CAR 521.
521.44 Inspections and Tests

C37- Q: Why has the linkage to the rotor drive endurance test applied under paragraph 511.09(1)(b) of the Airworthiness Manual been removed?
A: Upon discussion with other aviation authorities and a number of type certificate holders, it was deemed no longer relevant.

Test Flights

C38- Q: How can we provide an appropriately licensed pilot when the aircraft has not yet been certified?
A: It should be a pilot who is the best equipped to conduct the flight test.
521.45 Test Flights

C39- Q: Where did AWM 511.08 Appendix B "Requirements before first flight" go?
A: These requirements are in Internal Process Bulletin (IPB) 2010-04—Provisions for test flights during Aircraft Certification and AC 521-002—Type Certificates, which is currently being developed.

Test Flight Operations

C40- Q: Does the new requirement for a flight test operations manual apply to all applicants for and holders of design approval documents who need to conduct a flight test?
A: Currently, the requirement for a flight test operations manual (FTOM) applies to applicants for and holders of type certificates who have dedicated resources, or access to these resources, and do test flying on a regular basis. An amendment to CAR 521.46 was proposed to extend the applicability of the FTOM requirement to the applicants for and holders of other design approval documents.
521.46 Test Flight operations

C41- Q: Who will approve the flight test operations manual?
A: The Flight Test Division at Transport Canada headquarters will approve the test flight operations manual.
521.46 Test Flight operations

Function and Reliability Test Flights

C42- Q: Why are gliders in the list of exempted aircraft for Function and Reliability (F&R) testing, and not motor gliders?
A: Motor gliders belong to the category of aeroplanes having a maximum certified take-off weight of 2,720 kg or less, which are exempted from the F&R test flights.
521.47 Function and Reliability Test Flights

D- Division III–Canadian Technical Standard Order (CAN-TSO) Design Approvals

D1- Q: What is the purpose of Division III?
A: Division III changes how appliances and parts are approved. An appliance or a part is no longer approved with an appliance type certificate. Instead the CAN-TSO design approval is used.
521.101 Application

D2- Q: What is the CAN-TSO design approval?
A: The CAN-TSO design approval is a new concept for Transport Canada. However, Transport Canada is familiar with the process of approving an appliance or part. The CAN-TSO design approval replaces what was previously known as the appliance type certificate.
521.103 Application for a Canadian Technical Standard Order (CAN-TSO) Design Approval

D3- Q: Why did Transport Canada change from an appliance type certificate to a CAN-TSO design approval?
A: The appliance type certificate process was somewhat different from that of the FAA and EASA. Chapter 537 of the Airworthiness Manual (AWM) sets the standards of airworthiness of an appliance or a part and identifies the FAA TSOs adopted as a standard of airworthiness. Since the certification basis for most appliances and parts is based on an FAA TSO, it seemed appropriate to move towards a similar system. Further, a CAN-TSO design approval will be more readily recognised by other aviation authorities such as the FAA and EASA.

D4- Q: Is there a difference between a CAN-TSO and a CAN-TSO design approval?
A: Yes. Any reference to a CAN-TSO means the standards of airworthiness or minimum performance specifications for that appliance or part. Any reference to a CAN-TSO design approval means the approval issued by the Minister for an appliance or a part that has been shown to comply with a CAN-TSO.

D5- Q: Will Transport Canada continue to accept FAA TSOs?
A: Yes, Transport Canada will continue to accept FAA TSOs as published in Chapter 537 of the AWM. However, there are now two columns, one for the FAA TSO number and one for the corresponding CAN-TSO number. These TSO numbers are the same as the FAA TSO numbers with ‘CAN-TSO’ in front of them.
537.101 General
521.106 Standards of Airworthiness

D6- Q: What happens if Transport Canada disagrees with a revision to an FAA TSO that is currently in Chapter 537of the AWM?
A: Transport Canada will either not publish the revision, or remove the TSO from Chapter 537 of the AWM.
521.106 Standards of Airworthiness

D7- Q: Will Auxiliary Power Units (APUs) be issued the CAN-TSO design approval and what is the effective period of the application?
A: Yes, APUs will be issued a CAN-TSO design approval. The effective period of an application in the case of a turbine-powered APU is three years.
521.104 Effective Period of an Application

D8- Q: Does a CAN-TSO design approval also include a manufacturing approval?
A: No. A CAN-TSO design approval is only an approval of the design itself and requires a separate manufacturing approval under CAR 561–Manufacture of Aeronautical Products.
Part V Subpart 61 of the CARs

D9- Q: Can the holder of a CAN-TSO design approval for an appliance or a part have the appliance or part manufactured by someone else?
A: Yes. The holder of a CAN-TSO design approval may have someone else manufacture the part or appliance in question provided the manufacturer has all the appropriate data and complies with the requirements of CAR 561.
561.03 Manufacturer Certificate Application, Issuance and Amendment

D10- Q: Does a CAN-TSO design approval also include an installation approval?
A: No. A CAN-TSO design approval requires the use of the appropriate data as defined in CAR 571–Aircraft Maintenance Requirements and Standard 571- Maintenance to support the installation of an appliance or part, which has been approved to a CAN-TSO.
571.01 Application
Implementation Procedures–2008 (BASA-2000) 3.3.3 Installation Approval

D11- Q: Do I need a CAN-TSO design approval before I can apply to the FAA for a TSO letter of design approval?
A: No, a CAN-TSO Design Approval is not a prerequisite to obtain an FAA Letter of Design Approval.
Implementation Procedures–2008 (BASA- 2000) 3.3.0 Application for FAA Letter of Technical Standard Order (TSO) Design Approval
Staff Instruction (SI) 537-001 Application for a Federal Aviation Administration Letter of technical Standard Order Design Approval

D12- Q: Is Transport Canada planning to adopt all the FAA TSOs?
A: Transport Canada generally adopts all the FAA TSOs. Transport Canada will develop new CAN-TSO design standards as well as any uniquely Canadian CAN-TSO design standards if there is a widely adopted use or need based on an industry standard.
521.106 Standards of Airworthiness

D13- Q: Is the intent to have a CAN-TSO design approval recognized by FAA and EASA?
A: When the ETSO and CAN-TSO standards are identical, Transport Canada and EASA will automatically accept the ETSO and CAN-TSO design approvals, respectively, once the EU-Canada treaty comes into effect. The FAA will continue to issue the TSO letter of design approval. Automatic acceptance of the CAN-TSO design approval is currently being considered by the FAA.

D14- Q: Are there any eligibility requirements for a CAN-TSO design approval?
A: Yes. Applicants must show that they have the technical capability or access to the technical capability to conduct the design analyses and tests required to demonstrate the compliance of the appliance or part with its certification basis.
521.102 Eligibility Requirements

D15- Q: Is there an application form for a CAN-TSO design approval?
A: Yes. Transport Canada has introduced an application form specific to the CAN-TSO design approval, however, the applicant is not required to submit this form as long as the information that is specified on the application form is supplied in some manner. The application form can be found in the Forms Catalogue at: http://wwwapps.tc.gc.ca/Corp-Serv-Gen/5/Forms-Formulaires/English.aspx

521.103 Application for a Canadian Technical Standard Order (CAN-TSO) Design Approval

D16- Q: When should the part-marking scheme be submitted?
A: The part-marking scheme should be submitted with the CAN-TSO design approval application.
521.103 Application for a Canadian Technical Standard Order (CAN-TSO) Design Approval

D17- Q: What is a CAN-TSO based on?
A: When a CAN-TSO design approval is issued, it is based on the FAA TSO as per Chapter 537 - Appliances and Parts of the Airworthiness Manual. Transport Canada identifies the CAN-TSO number and the corresponding FAA TSO on which it is based. If there are no standards of airworthiness specified in Chapter 537, then the Minister specifies the minimum performance standards, if there’s an industry-wide need.
521.106 Standards of Airworthiness

D18- Q: Where does Transport Canada get our standards of airworthiness or CAN-TSOs?
A: Transport Canada adopts FAA TSOs through the regulatory consultation process, and then publishes a list in Chapter 537 of the Airworthiness Manual of the adopted FAA TSOs. Transport Canada will continue to do that under CAR 521.
521.106 Standards of Airworthiness

D19- Q: What is included in the certification basis?
A: The certification basis includes the applicable CAN-TSO and any equivalent safety findings that may have been requested.
521.105 Certification Basis

D20- Q: What are "deviations" and how are they applied?
A: The FAA and EASA regulations refer to "deviations" while Transport Canada refers to "equivalent safety". However, different processes are used to address deviations. Where the deviation as defined in the FAA system is applicant specific, deviation as used in the EASA system, is generic. In the EASA system a deviation is applicable to all applicants and anyone can benefit from it. Transport Canada’s ‘equivalent safety’ is applicant specific. Aside from this, the equivalent safety is approached in the same manner as discussed in Division II.
521.105 Certification Basis

D21- Q: Will the Minister issue a special condition in the case where there is no CAN-TSO for an appliance or a part?
A: No. However, when there is a need for a new CAN-TSO to address a defined gap because of a new category of appliance or part then the Minister may consider issuing a new CAN-TSO.
521.105 Certification Basis

D22- Q: If Special Conditions of Airworthiness are no longer used to create a standard, what other options are there for an appliance or part?
A: Options that may be used include findings of equivalent safety, and having the appliance or part approved as part of the aeronautical product. In addition, an appliance or part may be approved through a supplemental type certificate. A part may also be approved through a part design approval if it is a replacement part, or if it is a standard part that would be widely used, a uniquely Canadian Technical Standard Order (CAN-TSO) may be created.

D23- Q: How do we address those appliances or parts where there are no appropriate CAN-TSOs?
A: Transport Canada will now follow the same approach used by the FAA and EASA. Neither the FAA nor EASA will create a custom standard for an applicant if there is no existing standard. However, they will approve that appliance, or part, as part of a change to the type design of an aeronautical product, for example, by issuing a supplemental type certificate.

D24- Q: Has the requirement to demonstrate compliance with the certification basis changed from that of the appliance type certification process?
A: No, Transport Canada still requires that the applicant demonstrate compliance and provide a compliance record. What is different is that the terminology "Declaration of Design and Performance" (DDP) is used.
521.107 Conformity with Certification Basis

D25- Q: What is the "Declaration of Design and Performance" (DDP)?
A: The Declaration of Design and Performance (DDP) identifies the appliance or part performance qualifications and type design. The DDP terminology comes from European regulations. CAR 521 adopts the European concept of having a high level document that ties the declaration and data requirements together. This will be described in greater detail in the advisory material currently being developed.
521.107 Conformity with Certification Basis
http://www.easa.europa.eu/ws_prod/c/c_etso_faq.php - 10

D26- Q: What is the purpose of the DDP?
A: The DDP is an opportunity for Transport Canada to harmonize with EASA. In addition, it may make the validation of Canadian appliances and parts easier with other foreign airworthiness authorities.

D27- Q: If you have a DDP, why do you need the Declaration of Conformity?
A: An applicant needs to have both a DDP and a Declaration of Conformity to satisfy the requirements of CAR 521. The Declaration of Conformity becomes part of the DDP.
521.107 Conformity with Certification Basis

D28- Q: Is there a fee for a CAN-TSO design approval?
A: Yes there is a fee for a CAN-TSO design approval. See CAR 104 Schedule V for more information.
CAR 104 Schedule V

D29- Q: What are the requirements that need to be met before a CAN-TSO design approval can be issued?
A: To meet the requirements for the issuance of this approval the applicant shall demonstrate compliance of the appliance or part with its certification basis by completing the inspections and tests identified in the certification plan. Just as in the type certificate process, the applicant is to submit a signed undertaking to commit to carrying out the responsibilities of a design approval document holder as specified in Division VIII.
521.110 Issuance of a Canadian Technical Standard Order (CAN-TSO) Design Approval

D30- Q: Do the regional offices of Transport Canada have the delegated authority to issue CAN-TSO design approvals?
A: Yes the regional offices of Transport Canada have the delegated authority to issue CAN-TSO design approvals at the Regional Superintendent, Aircraft Certification level or higher.

D31- Q: What happens when someone wants to have an appliance type certificate reissued?
A: An appliance type certificate can no longer be issued. Revisions to existing appliance and part approvals will be reissued as CAN-TSO design approvals. More information will be made available in the guidance material currently under development.

E- Division IV – Changes to a Type Design

E1- Q: What is Division IV about?
A: Division IV is one of our four foundation divisions in that it forms the core of how Transport Canada treats changes to a type design. Not only does division IV address changes to a type design introduced by a type certificate holder but it also provides the process by which Transport Canada will issue supplemental type certificates (STCs), repair design approvals (RDAs) and part design approvals (PDAs).
521.151 Application

E2- Q: Who can make a minor design change?
A: The design approval holder under procedures approved by the Minister (ref. CAR 521.154), or non-holders through a CAR 571.06 maintenance activity. Delegates may produce acceptable data as per CAR 571.06, and others may use the acceptable data.
521.154 Change other than a Change to the Type Design

E3- Q: Can an individual apply for an STC to make a major design change to an aircraft?
A: Yes. However, if it is a substantial change, then the STC applicant should visit Division II as a new type certificate will be required.
521.153 Change to a Type Design Requiring a New Type Certificate

E4- Q: Has anything changed with regard to the Application for Approval of a Change to the Type Design?
A: The requirements themselves have not changed. However, the requirements are now defined in regulation and not in the advisory material. Transport Canada identifies the application form as containing the information to be submitted as part of the application process. This form existed in the past as Transport Canada’s Design Change Approval Application form, however its use has been extended to include type certificate holders.
521.155 Application for Approval of a Change to the Type Design

E5- Q: Has CAR 521 changed the standards of airworthiness with regards to changes to a type design?
A: No. Aside from changes to address consistency of wording throughout CAR 521, there have been very limited changes to the wording of this requirement as it forms the heart of the changed product rule.
521.158 Standards of Airworthiness

E6- Q: Have the Aircraft Emissions standards changed?
A: No. The aircraft emissions standards are set out in the applicable ICAO annex as referenced through Chapter 516 of the Airworthiness Manual.
521.32 Aircraft Emissions Standards
521.159 Aircraft Emissions Standards

E7- Q: Is there any special requirement with regard to compliance with the certification basis when making a change to the type design?
A: The applicant is to provide a declaration that they have demonstrated the compliance of the aeronautical product with the certification basis, just as for the type certificate process. More information will be soon made available in the guidance material that is currently being developed.
521.160 Conformity with Certification Basis

E8- Q: Has the Changed Product Rule (CPR) changed?
A: CPR has not changed. However, CPR requirements are no longer found in the guidance material, they are now in the regulation.
521.152 Change to a Type Design

F- Division V – Supplemental Type Certificates

F1- Q: What happens if I want a supplemental type certificate (STC) for an aeronautical product that Transport Canada has not previously approved or accepted?
A: If it is an STC for a product for which Transport Canada has not issued or accepted a type certificate then the STC cannot be approved. This is an ICAO requirement, which Transport Canada is obligated to fulfill. In this case, as the State of Design, Transport Canada must have issued a type certificate so that there is knowledge of the aeronautical product’s continued airworthiness obligations.
521.201 Application

F2- Q: What are the eligibility requirements an applicant must have for an STC?
A: Just as an applicant for a type certificate must meet eligibility requirements, an applicant for an STC must meet the technical capability or demonstrate access to the technical capability to conduct the design analyses and tests required to demonstrate the compliance of the aeronautical product with its certification basis.
521.202 Eligibility Requirements

F3- Q: Is the new STC application form available?
A: The form entitled Design Change Approval Application is available in the Transport Canada forms catalogue. The applicant may choose to submit the information specified in the form when applying for an STC as per 521.155 Application for Approval of a Change to the Type Design

F4- Q: How does an applicant know if they require an STC or a type certificate for a change to the type design?
A: The Minister determines if the change is so extensive in relation to the design, configuration, power or weight of the product that it becomes necessary for the applicant to substantially investigate to determine compliance with the applicable certification basis. More information is currently being developed in AC 521-005 and SI 521-005—Supplemental Type Certificates andAC 500-016—Establishing the Certification Basis of Changed Aeronautical Products.
521.153 Change to a New Type Design Requiring a New Type Certificate.

F5- Q: Can I still apply for a limited supplemental type certificate (LSTC)?
A: No. The Limited STC has been retired. Transport Canada will now issue STCs that can be limited by serial number, which delegates will be entitled to issue. Further guidelines on this type of STC will be provided in AC 521-005—Supplemental Type Certificates and SI 521-005—Supplemental type Certificates, which are currently being developed.

F6- Q: Why was the LSTC retired?
A: It is an effort to further harmonise Transport Canada with other aviation authorities. Further guidelines on this type of STC will be provided in AC 521-005—Supplemental type Certificates and SI 521-005—Supplemental type Certificates which are currently being developed.

F7- Q: With the new regulatory requirement for a certification plan, is the compliance program no longer required?
A: The compliance program is still required. The certification plan is the "who", "what", "when", and "how" of the project, while the compliance program is the means and methods that will be used to meet the certification basis.
521.203 Application for a Supplemental Type Certificate

F8- Q: How is the certification basis and compliance with the certification basis determined for an STC?
A: Division IV establishes how the certification basis is determined for an STC.
521.204 Certification Basis

F9- Q: Is AC 513-007—Approval of Domestic Modification and Repair Designs being replaced?
A: Yes, AC 513–007 will be replaced by AC 521-005—Supplemental Type Certificates and SI 521-005—Supplemental Type Certificates.

F10- Q: Under the new CAR 521 framework, can an STC be transferred?
A Yes, an STC can be transferred as in the past; however, CAR 521 makes the responsibilities associated with the transfer more visible. See AC 521-004 for more information.
521.357 Transfer

F11- Q: Does the numbering system for the LSTC document change on December 1, 2009?
A: No. The only change is that the word "Limited" has been removed from the STC certificate. AC 521-005—Supplemental Type Certificates and SI 521-005—Supplemental Type Certificates currently being developed will provide more information.

F12- Q: In the FAA system, an STC can be limited by one serial number. If the holder wants to add another number, it becomes a full STC. Will Transport Canada be doing the same thing?
A: No. Additional serial numbers can be added to the serialized STC. More information can be found in SI 521-005—Supplemental Type Certificates and AC 521-005—Supplemental Type Certificates currently under development.

F13- Q: Since LSTCs will no longer be issued, have the design requirements for the STC limited by serial number changed?
A: Although the same level of demonstration of compliance with the certification basis is required from all STC applicants, there is flexibility in the format and amount of supporting documentation, depending on whether it is for a single serial number or for multiple serial numbers. The document requirements should be determined in consultation with Transport Canada.

G- Division VI Repair Design Approvals

G1- Q: What document will now be issued for repair design certificates?
A: A certificate called ‘Repair Design Approval’ will be issued.
521.251 Application

G2- Q: Why has Transport Canada reverted back to a Repair Design Approval (RDA) and not Repair Design Certificate?
A: The FAA and EASA call the type certificate and the supplemental type certificate a "certificate" while all other documents are "approvals". Transport Canada’s aim to harmonise with the FAA and EASA is the sole reason for the change.

G3- Q: What is the difference between an RDA and a ‘process’ RDA?
A: An RDA based on a serial number is a repair incorporated on a single aeronautical product intended to rectify damage resulting from an incident/accident or normal deterioration. This type of RDA is limited to a single serial number. This type of repair only applies to a specific aeronautical product. A ‘process’ RDA is applicable to several units of a given type of aeronautical product where the repair is suitable for repeated incorporations during overhaul and maintenance activities. Such repairs are usually intended to correct the effects of normal deterioration associated with the aeronautical product; and may be used as alternative repairs to those repair schemes normally provided by the manufacturer of the aeronautical product. More information regarding RDAs is being developed and will be available in AC 521-006— Repair Design Approvals and SI 521-006— Repair Design Approvals.

G4- Q: Under what conditions can someone apply for an RDA?
A: Someone may apply for an RDA where:

  • the Minister has issued or accepted a type certificate for that aeronautical product; or
  • an aircraft is registered in a foreign state, or an aeronautical product is intended for installation on an aircraft registered in a foreign state, with which Canada has an airworthiness agreement or arrangement in respect of the acceptance of the technical data used to repair the aeronautical product.

521.253 Application for a Repair Design Approval

G5- Q: How is the certification basis for a repair determined?
A: The certification basis for a repair is automatically set to the certification basis recorded in the type certificate data sheet and would have to include any novel or unusual design features which must provide a level of safety equivalent to that provided by the applicable certification basis.
521.158 Standards of Airworthiness

G6- Q: When issuing an RDA to a foreign aircraft subject to an airworthiness agreement or arrangement, is the repair approval subject to the authority of the foreign aircraft?
A: Yes. An RDA issued to a foreign aircraft is subject to the conditions set out in the agreement or arrangement that is in place between Transport Canada and the foreign airworthiness authority.
521.452 Eligibility Requirements

G7- Q: Will delegates still be able to issue process RDAs?
A: Delegates may issue process RDAs, if it’s within their scope of delegation, and in consultation with Transport Canada

H- Division VII - Part Design Approvals (PDAs)

H1- Q: Is Transport Canada’s Part Design Approval (PDA) the same as the FAA’s Part Manufacturer Approval (PMA)?
A: No. The PDA issued by Transport Canada is similar but not the same as the Part Manufacturer Approval (PMA) of the FAA. The PDA is different from a PMA in that the manufacturing approval is a separate requirement for Transport Canada.
521.301 Application

H2- Q: How has CAR 521 changed the treatment of a PDA?
A: Before CAR 521, Part Design Approval information only existed in advisory and guidance material. A PDA is now governed by regulation.
521.301 Application

H3- Q: What conditions need to be met when applying for a PDA?
A: An applicant may apply for a replacement part if the:

  1. eligibility requirements are met;
  2. Transport Canada has issued or accepted a type certificate for the aeronautical product on to which the replacement part will be added
  3. replacement part does not:
    1. replace a part that is subject to an airworthiness limitation;
    2. replace a standard part or a commercial part;
    3. constitute a change to the type design of the aeronautical product; or
    4. create an airworthiness limitation

521.302 Eligibility Requirements
521.303 Application for a Part Design Approval

H4- Q: Is there now a fee for Part Design Approvals (PDAs)?
A: Yes, the fee for a PDA is the same as an STC. For more information on all fees, see:
CAR 104 Schedule V

I- Division VIII Responsibilities of a Design Approval Document Holder and Division IX Service Difficulty Reporting

Service Difficulty Reporting

I1- Q: Is the establishment of a service difficulty reporting system a new requirement under CAR 521??
A: Yes. Design approval document holders now need to have a system in place to receive, record, analyze and investigate reports. It could be very simple or very complex depending on the size of the organization and/or the complexity of the product’s design.
521.354 Establishing a Service Difficulty Reporting System

I2- Q: Who can report a service difficulty?
A: Anyone can report a service difficulty.
521.355 Investigation of Service Difficulty reporting System

Mandatory Changes

I3- Q: Can a design approval document holder issue an AD?
A: No, only the Minister can issue an AD.
However, a holder shall:

  • submit to the Minister for approval the corrective action required to rectify the unsafe condition, and
  • on approval of the corrective action, make available to each owner and each operator of the aeronautical product the information needed to rectify the unsafe condition.

521.356 Mandatory Changes

Record Keeping

I4- Q: Is it acceptable to have electronic copies of records, or do we have to have hard copies?
A: Electronic copies are acceptable. The appropriate Transport Canada regional office should be advised if hard copies are to be destroyed. This procedure could be identified in the Design Approval Procedures Manual (DAPM) or Engineering Procedures Manual (EPM). Information on record will be contained in AC 521-008 and SI 521-008 currently being developed.
521.365 Record Keeping
521.366 Loss or Disposal of Records

Manuals

I5- Q: Instructions for Continued Airworthiness are published in manuals. Service Instructions, Service Bulletins are not really manuals. Why are they included in the list of manuals?
A: All possible manuals and instructions that had been listed under Chapters 511 and 513 of the Airworthiness Manual and that may be required by the certification basis or the operation have been included on the list. Manuals specific to a particular project or product that are required can be discussed between the applicant and the Transport Canada project manager.
521.367 Manuals

I6- Q: Is the design approval document holder required to supply all the manuals listed to the Minister?
A: The design approval document holder is only required to supply the Minister with the manuals that support the certification basis and the operational requirements.
521.367 Manuals

J- Division X Airworthiness Directives

J1- Q: Is it possible to have an airworthiness directive (AD) on a supplementary type certificate (STC) for which the aircraft manufacturer is not the STC holder? For example, would an aviation company still receive an AD for its aeronautical products even if the STC has nothing to do with the aviation company?
A: Under CAR 521 Transport Canada distributes ADs to:

  • registered owners of affected Canadian aircraft;
  • manufacturers and holders of design approval documents in respect of the affected aeronautical product; and
  • airworthiness authorities of all known states of registry of the affected aircraft.

521.428 Distribution

J2- Q: Will Transport Canada be issuing ADs for non-compliance of a design under CAR 521?
A: No, Transport Canada will not be issuing ADs for non-compliance of a design. Conditions for the issuance of ADs include:

  • if an unsafe condition exists in an aeronautical product and the condition is likely to exist or develop in other aeronautical products;
  • if it is necessary to modify or cancel the requirements of an airworthiness directive issued by the foreign airworthiness authority having jurisdiction over the type design of the aeronautical product because the Minister considers the airworthiness directive inappropriate for reasons related to the environment, safety, the delayed receipt of an instruction issued by the foreign airworthiness authority or reliance on foreign legislation; or
  • it is necessary to modify or cancel a Canadian airworthiness directive that is in force, because a condition for issuance referred to in paragraph (a) or (b) has changed or ceased to exist.

521.427 Conditions for Issuance

K- Division XI Foreign Aeronautical Products

K1- Q: Does CAR 521 address how we accept FAA 337 forms?
A: CAR 521 does not address the acceptance of FAA Form 337. CAR 521 enables airworthiness agreements and arrangements under which these types of acceptance are addressed. The FAA Form 337 is addressed in the Bilateral Aviation Safety Agreement - 2000 (BASA) and Implementation Procedures (IPA).
521.453 Application for a Design Approval Document

K2- Q: Do the requirements in CAR 521 apply to foreign approved products if the applicant is applying for a Canadian approval document?
A: CAR 521 Division XI applies in respect of the issuance of a design approval document for a foreign aeronautical product; and to applicants for and holders of a design approval document in respect of a foreign aeronautical product.
521.451 Application

K3- Q: Has CAR 521 changed the process of familiarizing a design approval document coming from other aviation authorities?
A: Design approval documents from the FAA are covered under the Implementation Procedures–2008 (BASA–2000). Design approval documents from the European Aviation Safety Agency (EASA) would be looked at in respect of the Administrative Arrangement on product certification between Transport Canada and EASA. If there is no agreement or arrangement in place between Transport Canada and another aviation authority for the design approval document in question, then the requirements of CAR 521 would apply.
521.455 Issuance of a Design Approval Document

K4- Q: Does a foreign applicant have the same responsibilities as a domestic applicant with respect to SDRs and ADs?
A: Applicants and holders of a Canadian design approval document in respect of a foreign aeronautical product have the same responsibilities as applicants and holders of a design approval document in respect of a domestic aeronautical product unless there is an agreement or arrangement in place between Transport Canada and the State of Design of the foreign aeronautical product in question that requires otherwise.
521.451 Application

K5- Q: The wording in CAR 521.455 about the foreign airworthiness authority "has issued or will issue" makes it sound like we may issue our approval before the foreign authority will issue theirs. Is this the intent?
A: No, that is not the intent. Transport Canada will only issue the Transport Canada design approval document after the foreign airworthiness authority has already issued it. A proposed amendment to the CARs will be presented to the Canadian Aviation Regulation Advisory Council (CARAC) to clarify the requirement.

K6- Q: Can I now state foreign design standards instead of the Canadian standards on my Type Certificate Data Sheet (TCDS)?
A: No, the Canadian standards must be listed on the TCDS.
521.455 Issuance of a Design Approval Document

K7- Q In many cases the applicant is asking for an approval for modifications that have been or will be installed on a foreign aircraft or aeronautical product. Does that mean the applicant doesn’t have to go through the design approval document process?
A: No, the applicant still has to go through the design approval document process unless there is an agreement or special arrangement between Transport Canada and another airworthiness authority that says otherwise.
521.453 Application for a Design Approval Document

 

Date modified:
2012-01-09