Generic arrangement on certification under Joint Aviation Requirements (JAR)-21 Subpart N between Transport Canada, Civil Aviation Directorate (TCCA) and the [National Aviation Authority] (NAA) of [NAA country]
5 June 2000
1. Introduction
This Arrangement for Certification under JAR 21 Subpart N paragraph JAR 21N5 has been agreed upon between Transport Canada, Civil Aviation Directorate (TCCA) and the [NAA] of [NAA COUNTRY] being a full member of the Joint Aviation Authorities (JAA) (Hereafter called the Parties) -
1.1 The Parties have agreed to this Arrangement with regard to aeronautical products and changes to these products designed in Canada, which confirms that TCCA is prepared to support the [NAA] as airworthiness authority of the importing country when JAR-21 Subpart N applies.
1.2 The Parties will work in accordance with the procedures of this Arrangement from the date at which it has been signed by the Parties, until such time it is revised by mutual agreement of the Parties or replaced by some other Agreement or revoked by one of the Parties.
1.3 This Arrangement has been developed to satisfy JAR-21 Subpart N requirements. A fully reciprocal Arrangement will be developed within one year of the signatory date of this Arrangement. In the interim, TCCA will validate any new European aeronautical product that have been certificated under the JAA Joint Certification/Validation procedures. TCCA will validate in accordance with the process defined in Canadian Airworthiness Manual 511 and the appended TCCA/JAA Type Validation Principles document (Appendix B). Same process will apply regardless of which full JAA member country is the State of Design.
2. General
The [NAA] have determined that the rules, standards, practices, procedures and system for TCCA approval and monitoring of design and production organisations are an acceptable alternative to JAR 21 as required by JAR 21 Subpart N paragraph JAR 21N5.
Therefore and without prejudice to the obligation of each Party under its own regulations, the purpose of this Arrangement is:
2.1 To eliminate redundant review of reports, duplication of inspections, tests and test demonstrations, evaluations and approvals, thereby enabling maximum acceptance of TCCA findings by the [NAA].
2.2 To define the detailed procedures to be followed for the various Sub-Subparts of JAR-21 Subpart N.
3. Definitions
The definitions listed below apply also to the Appendices of this Arrangement.
The definitions apply for this document and are not always consistent with other JAA/JAR definitions.
3.1 "Approved by the Authority" means the approval, acceptance, authorisation, certification or licensing of the organisation, person, civil aeronautical product or document either directly or in accordance with a delegation procedure.
3.2 "Airworthiness Requirements" means requirements governing the design, performance, materials, quality, manufacture, maintenance or modification of aeronautical products as prescribed by the [NAA] to enable it to find that the design, manufacture and condition of these aeronautical products comply with its own laws, regulations, standards and requirements concerning airworthiness.
3.3 Aeronautical Product" means any civil aircraft, or aircraft engine, propeller, appliance, material, part or component to be installed thereon, new or used.
3.4 Critical component" means a part for which a replacement time, inspection interval, or related procedure is specified in the Airworthiness Limitation section of the manufacturer´s maintenance manual or Instructions for Continued Airworthiness.
3.5 "Design-related Operational Requirements" means operational or environmental requirements related to design features of an aeronautical product or data on its design relating to its operation or maintenance that make it eligible for a particular kind of operation.
3.6 "Environmental Requirements " means requirements governing the design, performance, materials, workmanship, manufacture, maintenance and modification of aeronautical products prescribed by the [NAA] to ensure compliance with the laws, regulations, standards and requirements concerning aircraft noise and aircraft engine exhaust emissions.
3.7 "Modification" is either a change which is designed by the TC holder or by a Person which is not the holder of the TC.
3.8 "Type Design" means the description of all characteristics of an aeronautical product, including its design, manufacture, limitations and continued airworthiness instructions, which determine its airworthiness.
3.9 "Type Design Approval" means granting a certificate, approval or acceptance by or on behalf of the Authority for the type design of an aeronautical product.
4. Scope
This arrangement covers:
- Design,
- Production,
- and Environmental approval
for all aeronautical products.
5. Working Procedures
See Paragraph 9 and Appendices.
6. Continued Airworthiness
TCCA is prepared to undertake the responsibilities for support of the continuing airworthiness of all Canadian aeronautical products and, for aircraft, that these are in accordance with ICAO Annex 8, Part II.
7. Mutual Co-operation and Assistance
7.1 In respect of aeronautical products designed and manufactured in Canada, TCCA shall on request assist the [NAA] in determining whether the design of major changes, or repairs made under the control of the [NAA], comply with the applicable airworthiness and environmental standards of the [NAA].
7.2 TCCA and the [NAA] recognize that revision by TCCA to its regulations, policies, procedures, statutory responsibility, organizational structure, production quality control oversight, or delegation system may affect the basis and the scope of this Arrangement. Accordingly, upon notice of such changes by TCCA, the [NAA] may request a meeting to review the need for amendment to this Arrangement.
7.3 TCCA and the [NAA] agree to meet as necessary to review this Arrangement and its continued validity. The frequency of these meetings will be mutually agreed by both authorities, and will depend on the number and significance of the issues to be discussed between the authorities.
7.4 When either TCCA or [NAA] needs information for the investigation of service incidents, accidents, or suspected unapproved parts involving a product imported under this Arrangement, the request for information should be directed to the appropriate office of the Parties. In turn, upon receipt of the request for information the Party should immediately do everything necessary to make sure the requested information is provided in a timely manner. If urgency requires that the [NAA] requests the information directly from the manufacturer because immediate contacts cannot be made with TCCA, the [NAA] shall inform TCCA of this action as soon as possible.
8. Interpretation
Any disagreement regarding the interpretation or application of this Arrangement shall be resolved by consultation, in the following order, between:
8.1 The persons in charge of the implementation of this Arrangement within TCCA and the [NAA].
For this purpose the following persons are identified herewith:
For TCCA:
- The Director, Aircraft Certification Branch
- The Director, Aircraft Maintenance and Manufacturing Branch
For the [NAA]:
TBD
8.2 The executive agents (or their successors) who signed this Arrangement.
9. Implementation
In implementation of this Arrangement TCCA and the [NAA] will develop and apply principles/procedures for each specific part of JAR-21 which will be added to this Arrangement as Appendices.
When these principles/procedures have been agreed between TCCA and the [NAA] this Arrangement will be implemented in accordance with its provisions.
In addition, project specific Project Information Document may be developed, when found necessary.
The Parties will jointly review this arrangement from time to time and may amend it as appropriate by written agreement.
10. Entry into Force
This Arrangement shall enter into force upon signature by all concerned parties of this Arrangement.
Note to clarify Chapter 11 of the TCCA - JAA Generic Arrangement on Certification under JAR-21 Subpart N
In the case of Suspension, as defined in paragraph two, no advance notice is necessary and the suspension will be effective immediately.
Signed in Chicago, USA on 5 June 2000.
Transport Canada, Civil Aviation
Joint Aviation Authorities
11. Termination / Suspension
Either Party may at any time give written notice to the other Party of its decision to terminate this Arrangement. This Arrangement shall terminate twelve months following the date of receipt of the notice by the other Party, unless the said notice of termination has been withdrawn by mutual agreement before the expiration of this period.
This Arrangement may be suspended by any signatory should it not be replaced by a fully reciprocal Arrangement within one year.
12. Authority
TCCA and the [NAA] agree to the provisions of this Arrangement as indicated by the signature of their duly authorized representatives.
Signed in Chicago, U.S.A., on 5 June 2000,
on behalf of
APPENDICES WITH DETAILED PRINCIPLES/PROCEDURES
| Appendix | JAR-21 Subpart | Title | Valid document |
|---|---|---|---|
| B | N-B | Type certification of imported products | TCCA/JAA Type Validation Principles 5 June 2000 |
| D | N-D | Changes to type certificates | TCCA/JAA Post Type Validation Principles 5 June 2000 |
| E | N-E | Supplemental Type Certificates | TBD |
| F/G | N-F/G | Conformity with design | 5 June 2000 |
| H | N-H | Certificates of airworthiness for imported aircraft | 5 June 2000 |
| K | N-K | Imported parts and appliances | 5 June 2000 |
| N | N-N | Imported engines and propellers | 5 June 2000 |
| O | N-O | Joint technical standard order authorisations for import | TBD |
| Q | N-Q | Identification of imported products, parts and appliances | 5 June 2000 |