Pursuant to subsection 5.9(2) of the Aeronautics Act, and after taking into account that the exemption is in the public interest and is not likely to affect aviation safety, I hereby exempt persons who are applicants for Type Certificate approvals as defined in Part V Subpart 21 of the Canadian Aviation Regulations (CARs) from the requirements of section 521.46 of the Canadian Aviation Regulations, subject to the following conditions.
The requirements of section 521.46 of the Canadian Aviation Regulations are detailed in Appendix A to this exemption.
The purpose of this exemption is to grant applicants for Type Certificates as defined in Part V Subpart 21 of the Canadian Aviation Regulations a specified period in which to develop and obtain approval for the Test Flight Operations Manual as required by CAR 521.46. This exemption provides a phase in period for this new requirement, which entered into force on December 1, 2009, reducing unintended disruption of ongoing flight test activities.
This exemption applies to applicants for Type Certificates as defined in Part V Subpart 21 of the Canadian Aviation Regulations. This includes applicants for Type Certificates whose basis of certification requires test flights of the product in order to demonstrate the product’s conformity to the applicable regulations, and whether or not the applicant has the technical capability within their organization (in-house) or they have access to that capability through outside resources, as stipulated in section 521.26 of the Canadian Aviation Regulations.
This exemption is subject to the following conditions:
Development of Interim Policies / Procedures
- No later than 90 calendar days from the issue date of this exemption, applicants shall:
- Develop and implement written interim policies and procedures describing the means by which the flight test operations will be planned and supervised, configuration of the test aircraft will be managed and safety and risk assessments will be conducted; and
- Forward a copy of the interim policies / procedures to the Transport Canada Flight Test Division in Ottawa (HQ) for review.
Preparation and approval of required documents.
- No later than 180 calendar days from the issue date of this exemption, applicants for type certificate approvals shall develop their manuals to comply with CAR 521.46 and submit their draft manuals to their respective Transport Canada Civil Aviation Regional office for approval.
- If deficiencies are found in their draft manuals by Transport Canada during the approval process, the applicants shall within 60 calendar days after receipt of their manuals, amend and resubmit them to Transport Canada for approval.
Implementation and Training on New Test Flight Operations Policies and Procedures.
- No later than 120 calendar days following the approval of their manuals, applicants for type certificates shall complete the implementation and training of their personnel and/or contractors who have responsibilities relating to Test Flight Operations, on the new policies and procedures required under CAR 521.46.
This exemption is in effect until the earliest of the following:
- 23:59 EDT on 31 August 2011;
- The date on which any condition set out in this exemption is breached; or
- The date on which this exemption is canceled in writing by the Minister where he is of the opinion that it is no longer in the public interest, or that it is likely to affect aviation safety.
Dated at Ottawa, Ontario, Canada this 17 day of August, 2010 on behalf of the Minister of Transport.
Original Signed by
Martin J. Eley
Attachment – Appendix A
CANADIAN AVIATION REGULATIONS
Part V - Airworthiness
Subpart 21 – Approval of the Type Design
or a Change to the Type Design of an Aeronautical Product
Section 521.46 – Flight Test Operations
521.46 (1) An applicant for a type certificate in respect of an aeronautical product who intends to conduct a test flight and who has the resources, personnel and facilities for conducting a test flight shall establish and maintain a test flight operations manual that is appropriate to the size, nature and complexity of the test flight operations and that contains
- a statement signed by the person responsible for the test flight operations certifying that the test flight operations are being carried out in accordance with the policies and procedures set out in the manual and in any document incorporated into that manual;
- a description of the system used by the applicant to supervise the test flight operations;
- a description of the system used by the applicant to manage matters relating to safety and risk during the conduct of a test flight;
- a description of record-keeping practices and procedures;
- a description of how the configuration of an aircraft used in a test flight is defined and how a change to that configuration is documented;
- a description of the qualification, training and currency requirements of the test flight crew members;
- a description of the test flight planning procedures; and
- duty time limitations for test flight crew members.
(2) The person responsible for test flight operations shall submit the test flight operations manual and any amendment to the manual to the Minister for approval.(3) The Minister shall approve the test flight operations manual and any amendment to the manual if they meet the requirements set out in this section.
- Date de modification :