NCR-021-2017
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 adversely affect aviation safety or security, I hereby exempt persons authorized to sign a maintenance release following the installation of a new or used part on an aircraft operating pursuant to a Special Certificate of Airworthiness – Limited from the requirements set out in subsection 571.07(1), paragraphs 571.08(1)(b) and 571.08(1)(c) and section 571.13 of the Canadian Aviation Regulations (CARs) and set out in sections 571.07, 571.08 and 571.13 of Standard 571 – Maintenance of the Airworthiness Manual, subject to the following conditions.
The pertinent provisions of the CARs and of Standard 571 are reproduced in part in Appendix A.
Purpose
The purpose of this exemption is to allow persons to sign a maintenance release following the installation of parts which do not have, as applicable to the part in question, one or more of the following:
- a) the manufacturer’s certification required by subsection 571.07(1) of the CARs;
- b) traceability to a certified manufacturer as required by paragraph 571.13(2)(a) of the CARs;
- c) the maintenance releases required by paragraphs 571.08(1)(b) or 571.08(1)(c) or 571.13(1)(a) of the CARS; or
- d) evidence of the use of approved data as required by paragraph 571.13(2)(b) of the CARs.
Application
The exemption applies to a person that is authorized to sign a maintenance release following the installation of a new or used part, for which the accompanying documentation does not include certification or release pursuant to or in accordance with the applicable requirements set out in the CARs, on a Canadian registered aircraft for which a Special Certificate of Airworthiness - Limited has been issued or which is eligible for the issuance of a Special Certificate of Airworthiness – Limited.
This exemption does not apply when a part has been certified or released pursuant to or in accordance with the requirements set out in the CARs.
This exemption no longer applies to the person who has breached one of the conditions.
Conditions
This exemption is subject to the following conditions:
- No part shall be installed other than:
- a) one which is specified in the type design of the aircraft or aeronautical product on which it is to be installed, or
- b) one which is identified as an alternative part according to acceptable data as defined in section 571.06 of the CARs.
- If a part is described by its manufacturer, or the manufacturer of the aircraft on which the part is to be installed, as having a service life which may not be exceeded, it must also have the available technical history to show that the time in service established for that part has not been exceeded prior to the installation of that part.
- The person authorized to sign a maintenance release shall inspect the part and verify its accompanying documentation to ensure that the part:
- a) is the correct part for the application,
- b) corresponds with its documentation,
- c) shows no apparent damage, corrosion or deterioration, and
- d) is in a condition for safe operation.
- No person authorized to sign a maintenance release shall install a new part unless the accompanying documentation includes a statement from the manufacturer of the part or from the manufacturer of the aircraft that the part conforms to the applicable type design.
- No person authorized to sign a maintenance release shall install a used part unless the accompanying documentation includes a statement that the part was maintained by a qualified organization using the most recent methods, techniques, practices, parts, materials, tools, equipment and test apparatuses that are:
- a) specified for the part in the most recent maintenance manual or maintenance instructions developed by the manufacturer of the aircraft on which the part is to be installed or, in the case when the most recent instructions are not available, specified by the manufacturer of that part, or
- b) equivalent to those specified by the manufacturer of the aircraft on which the part is to be installed or specified by the manufacturer of that part.
- No person authorized to sign a maintenance release shall install a part obtained from an aeronautical product that was damaged or permanently withdrawn from service, unless the part:
- a) can be traced to the manufacturer; and
- b) is inspected in accordance with the applicable maintenance manual or maintenance instructions and, if the part has been repaired or modified, it can be determined by the person authorized to sign a maintenance release that the work was performed in accordance with acceptable data as defined in section 571.06 of the CARs.
- Installation and removal of the part shall be recorded in the technical records of the aircraft, making reference to this exemption.
Validity
This exemption is in effect until the earliest of the following:
- a) December 1, 2022 at 23:59 EDT;
- b) the date on which an amendment to the appropriate provisions of the CARs or related standards specifically pertaining to the subject-matter of this exemption, comes into effect; or
- c) the date on which this exemption is cancelled in writing by the Minister where he is of the opinion that it is no longer in the public interest or is likely to adversely affect aviation safety or security.
DATED at Ottawa, Ontario, this 22nd day of December, 2017 on behalf of the Minister of Transport.
"Original signed by"
Aaron McCrorie
Director General, Aviation Safety Regulatory Framework
Civil Aviation
Appendix A
Pertinent provisions of the Canadian Aviation Regulations
Installation of New Parts
- 571.07 (1) No person shall install a new part on an aeronautical product unless the part meets the standards of airworthiness applicable to the installation of new parts and, subject to subsections (2) and (3), has been certified under Subpart 61.
Installation of Used Parts
- 571.08 (1) No person shall install a used part on an aeronautical product, […] unless the part meets the standards of airworthiness that are applicable to the installation of used parts and are set out in Chapter 571 of the Airworthiness Manual and
- (a) is an airworthy part that has been removed from an aircraft for immediate installation of another aircraft;
- (b) is an airworthy part that has undergone maintenance for which a maintenance release has been signed pursuant to paragraph 571.11(2)(c); or
- (c) has been inspected and tested to ensure that the part conforms to its type design and is in a safe condition, and a maintenance release has been signed to that effect.
Installation of Parts (General)
- 571.13 (1) Subject to sections 571.07 to 571.09, no person shall install a part on an aeronautical product unless the part is
- (a) inspected and its accompanying documentation verified in accordance with a procedure that ensures that the part conforms to its type design, as is indicated by the maintenance release; and
- (b) installed in accordance with the requirements of section 571.13 of the Airworthiness Manual.
- (2) If a part is obtained from an aeronautical product that was damaged or permanently withdrawn from service, the part shall not be installed unless it
- (a) can be traced to the manufacturer certificate holder; and
- (b) is inspected in conformity with the instructions for continued airworthiness or, if the part has been repaired or modified, it can be ascertained that the work was performed in accordance with approved data within the meaning of section 571.06 of the Airworthiness Manual.
Pertinent provisions of Standard 571 – Maintenance of the Airworthiness Manual
- 571.07 Installation of New Parts
The standards of airworthiness applicable to the installation of new parts are as follows:
- (a) The requirements detailed in section 571.13 of this standard are met;
- (b) Parts that were not originally intended for aeronautical use (e.g. automotive voltage regulators, electronic components, air filters), providing the original manufacturer’s part number is shown in the parts list of the next or subsequent higher assembly. Where the original manufacturer’s part number is not shown in a parts list, other data authorised by type design, such as data approved under a supplemental type certificate are to be consulted.
- (c) Parts produced pursuant to an FAA Parts Manufacturer approval (PMA) are eligible for installation on a Canadian aircraft or on an aeronautical product intended for installation on a Canadian aircraft provided that:
- (i) the parts are marked in accordance with the part marking requirements set out by the FAA; and
- (ii) the parts are accompanied by an authorized release certificate which certifies the parts conform to the applicable design data approved by the FAA or the Minister and indicates the aeronautical product for which they are eligible.
- (d) Parts manufactured in conformity with a part design approval issued by the Minister are eligible for installation on a Canadian aircraft or on an aeronautical product intended for installation on a Canadian aircraft.
- 571.08 Installation of Used Parts
- (1) The standards of airworthiness applicable to the installation of used parts are as follows:
- (a) the requirements detailed in section 571.13 of this standard are met;
- (b) except as provided in (2), used parts shall be accompanied by a maintenance release;
- (c) the document bearing the maintenance release shall be examined to see if any additional maintenance tasks are required upon installation, and those tasks shall be completed. The maintenance release for the installation of the part includes the release for these tasks.
- (2) No maintenance release document is required where the part is an airworthy part that has been removed from an aircraft and installed on another aircraft with no intervening storage period. The identification of the aircraft from which the part was removed, and any other details necessary to establish the technical history of the part, shall be entered in the recipient aircraft’s technical record.
- (3) Where a part has been removed for troubleshooting purposes and is subsequently found not to be the cause of the reported problem, details of the reported problem and the method of eliminating the part as a cause of that problem shall be recorded on the documentation accompanying the part, and certified by means of a maintenance release.
- (1) The standards of airworthiness applicable to the installation of used parts are as follows:
- 571.13 Installation of Parts (General)
The following definition applies to this Standard:
“undocumented part” means a part lacking sufficient certification or history to make it eligible for installation on an aircraft without submitting it to a recertification process. (pièce sans appui documentaire)
Pursuant to section 571.13 of the CARs and subject to sections 571.07, 571.08, and 571.09 of the CARs, the following standards of airworthiness are applicable to the installation of a part:
- (a) except in the case of aircraft that are operated pursuant to a special certificate of airworthiness in the owner-maintenance or amateur-built classification, only parts that are specified in the type design of an aeronautical product, or that are approved alternative parts, are eligible for installation in that product;
- (b) where a type certificate holder assigns a proprietary number during the design phase to a standard or commercial part, and the proprietary part number is the only part number shown in the parts catalogue or similar document, only a part bearing the type certificate holder’s proprietary number, or an approved alternative part, shall be installed;
- (c) substitution of equivalent standard or commercial parts is permitted only when the substitution does not constitute a major modification in accordance with section 571.06 of the CARs. Substantiation requires that the characteristics of the substituted part meet, or exceed, all of the requirements of the type design of the part being replaced. Reliance on substitution guides alone is not considered adequate. The evaluation of the characteristics of that part is subject to a review of specific type certificate holder’s data such as technical drawings, specification sheets, or substantiation reports associated with that type design;
- (d) the part to be installed must be correctly configured for the installation in the aeronautical product; and
- (e) prior to installation, the part should be inspected to ensure that it corresponds with its documentation, there are no signs of obvious damage, corrosion or deterioration, and the shelf life, where applicable, has not been exceeded.
- Date modified: