See also Subpart 509
Table of contents
- 509.01 - Application
- 509.02 - Application Procedures
- 509.03 - Authority for Export
- 509.04 - Reserved
- 509.05 - Export Airworthiness Certificate Holder Responsibilities
- Appendix A - Application for an Export Airworthiness Certificate (#24-0050)
- Appendix B - Foreign Special Requirements
- Annex 1 - United States of America
- Annex 2 - Poland
- Annex 3 - United Kingdom
Content last revised: 2009/12/01
Preamble
First Edition: Effective: October 10, 1996
This is a new Chapter developed in line with the Canadian Aviation Regulations (CARs). It replaces Subchapter 507B and AMA 507B1/A. It sets out the standards and procedures for obtaining an Export Airworthiness Certificate for a complete aircraft that is exported from Canada pursuant to Subpart 509 of the CARs.
These standards and procedures apply to the exportation of complete aircraft only. Aeronautical products, other than a complete aircraft, are not eligible for export under a certificate issued by the Minister or their representative
Information note:
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The issue of an Export Airworthiness Certificate does not constitute an authority to fly the aircraft. Procedures for obtaining a flight authority for delivery of the aircraft are contained in CAR 507.
509.01 Application
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(1) This chapter prescribes the requirements for obtaining Export Airworthiness Certificates for aircraft that are exported from Canada, pursuant the provisions of CAR 509.
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Information note:
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Aeronautical products, other than a complete aircraft, are not eligible for export under a certificate issued by the Minister.
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(2) For the purposes of these standards the following definitions apply:
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(a) "state of design" - is the state whose aviation authority issued the first type design approval for the aeronautical product. Where the responsibility for the type design has been relinquished to a holder in another state (the aviation authority of which has approved the type design and authorised the manufacture of the product), this other state becomes the state of design.
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(b) "state of manufacture" - is the state in which the manufacturer's facility is located and whose civil aviation authority certifies the aeronautical product airworthy.
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509.02 Application Procedures
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(1) An application for an Export Airworthiness Certificate shall be submitted as soon as possible prior to the date on which the aircraft is to undergo the exportation flight.
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(2) Export certification of a used aircraft will be made only where the aircraft is, within 30 days prior to the date of the application, certified by a person meeting the requirements of CAR 509.04, as conforming to the type design requirements specified in the application. Following this certification, the aircraft must be maintained in the certified condition throughout the Export Airworthiness Certificate issuance process.
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(3) An application for an Export Airworthiness Certificate shall be made using form 24-0050, which can be obtained from any Transport Canada regional or district office. Details for the completion of this form are contained in Appendix A of this chapter.
(amended 1998/06/01) -
(4) An application for an Export Airworthiness Certificate shall include, in addition to the information required in the application form 24-0050, the additional documents listed below:
(amended 1998/06/01)-
(a) in the case of a new aircraft, that is, an aeroplane or helicopter that has never been operated pursuant to CAR Part IV, or an aircraft that has never been operated pursuant to Part VII, and that has, since its date of manufacture, been under the sole ownership of the manufacturer or a dealer authorised by the manufacturer, a statement of conformity which includes the total number of operating hours accumulated;
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(b) a weight and balance report, together with an equipment list which includes the weight and moment arm of each item of equipment not forming part of the type design;
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(c) current details of any temporary installations incorporated in the aircraft for delivery purposes;
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(d) in the case of a used aircraft, a list of any Canadian Airworthiness Directives which have been complied with, and a list of all major modifications and major repairs which have been incorporated;
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(e) in the case of an aircraft being exported to a state with which Canada has entered into an agreement that provides for export certification, a statement indicating the status of the aircraft in respect of the special requirements set out in Standard 509.03 and the pertinent documentation obtained from the importing state, except that where this documentation is part of the Type Design Data package, the statement shall provide detailed information as to the location of the relevant data; and
(amended 2001/06/01) -
(f) where the importing state has not specified any special requirements, a statement by the applicant to that effect.
(amended 2001/06/01)
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(5) The completed application form, and any required attachments, should be forwarded to the Transport Canada regional or district office assigned to the geographical area in which the owner of an aircraft resides or manages his business.
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(6) An aircraft is considered to be in conformity to the type design shown in a type certificate issued by the Minister where, in respect of that aircraft:
(amended 2009/12/01)-
(a) the aircraft conforms to the type design for which the application is being made, including its status in regard to any Airworthiness Limitations specified in that type design;
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(b) the aircraft, its engines and any installed components are in compliance with all applicable Airworthiness Directives;
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(c) there are no unapproved modifications and repairs incorporated on the aircraft, its engines, or any installed components that are subject to the approval requirements of CAR 571; and
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(d) except as provided in (7), there is in force a Certificate of Airworthiness or a Special Certificate of Airworthiness issued under the provisions of CAR 507.
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(7) No flight authority issued pursuant to CAR 507 is required where the aircraft has been inspected and certified as meeting the requirements for the issue of a Certificate of Airworthiness or a Special Certificate of Airworthiness pursuant to CAR 507 requirements.
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(8) Notwithstanding the design requirement for a new aircraft to undergo a flight test, an aircraft that has not been completely assembled and flight tested is considered to be in conformity to the applicable type design where that aircraft is newly manufactured in Canada.
509.03 Authority for Export
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(1) Where the Minister agrees to issue an Export Airworthiness Certificate in respect of an aircraft being exported as conforming to a foreign airworthiness standard, the Minister is obligated to verify compliance with any special requirements contained in that foreign standard. This includes those requirements listed in Appendix B, and any additional requirements specified by the importing state as a condition of shipment at the time of export. Such additional requirements can involve, for example, markings and registration, additional copies of the export airworthiness certificate, copies of maintenance records and flight manuals, when these exist.. It is the applicant’s responsibility to provide the Minister with details in respect of any special requirements of the importing state.
(amended 2001/06/01) -
(2) When a product does not meet the special requirements of the civil aviation authority of the importing state, a written statement will be obtained by the exporter from the civil aviation authority of the importing state indicating acceptance of the deviation. The importing state's written statement will, when applicable, accompany the application for the Export Airworthiness Certificate.
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Information note:
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While the Minister will usually notify the applicable foreign civil aviation authority of the issuance of an Export Airworthiness Certificate for an aircraft, it is the responsibility of the exporter to ensure that a copy of the certificate is included for shipment with the product.
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(3) Where an employee of an approved manufacturer has been granted Airworthiness Inspection Representative (AIR) delegation of authority as provided for in Chapter 505 of this manual, that delegate shall comply with the procedures for export airworthiness certification contained in this chapter.
509.04 Reserved
509.05 Export Airworthiness Certificate Holder Responsibilities
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(1) Pursuant to CAR 509 requirements, the owner of an aircraft for which an Export Airworthiness Certificate has been issued is responsible to forward to the importer all documents and information necessary for the proper operation of the product being exported. These documents include, as applicable:
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(a) flight manuals;
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(b) maintenance manuals;
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(c) service bulletins and assembly instructions required by the type certificate; and,
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(d) any material stipulated by the civil aviation authority of the importing state.
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The documents, information, and material can be forwarded by any means consistent with the special requirements of the civil aviation authority of the importing state.
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(2) Where an aircraft is being exported as a disassembled aircraft under the provisions of subsection 509.02(8) of this chapter, the holder of the Export Airworthiness Certificate shall forward the manufacturer's assembly instructions to the new owner. These instructions shall include the manufacturer's approved production flight test check form, along with additional instructions that provide sufficient detail to permit whatever rigging, alignment, and ground testing as necessary to ensure that the aircraft will conform to the approved configuration and type design when re-assembled.
Appendix A - Application for an Export Airworthiness Certificate (#24-0050)
Content last revised: 2002/06/01
Completion Procedures
[Refer to subsection 509.02(3) of this standard]
(amended 2002/06/01)
Notes:
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(i) The application for an Export Airworthiness Certificate has to be submitted as soon as possible prior to the date on which the aircraft is to undergo the exportation flight.
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(ii) Copies of the Application Form (#24-0050) are available at any Transport Canada Centre.
To assist in the completion of the application form, the following information and guidance are provided:
- Mark in the appropriate box if the aircraft is new or used.
- Complete Parts 1 and 3 only for new aircraft.
- Complete Parts 1, 2 and 3 for used aircraft.
- Except as otherwise stated in the following instructions, there must be an entry in all blocks.
- Enter the file number in the file box, if known.
- Fee box is for Department use only.
Part 1
Block 1 to Block 3
Self explanatory
Block 4
In the applicable box, check:
- “Yes” if the aircraft complies with all applicable Airworthiness Directives; or
- “No“ if it does not.
If the aircraft does not comply with all applicable Airworthiness Directives, provide an explanation as to why it does not in Block 6, remarks section. Attach one or more additional sheets if more space is required.
Block 5
In the applicable box, check:
- “Yes” if the aircraft complies with all the applicable special requirements of the importing country; or
- “No” if it does not.
If the aircraft does not comply with all applicable special requirements of the importing country, provide an explanation as to why it does not in Block 6, remarks section. Attach one or more additional sheets if more space is required.
Block 6
Include in the remarks section, any deviation from the type design data, STC’s, temporary installations etc. Attach one or more additional sheets if more space is required.
Part 2
Block 7
Provide one of these elements, or both as the case may be:
- a list of Airworthiness Directives that have been complied with; or
- if the aircraft does not comply with all applicable Airworthiness Directives, include an explanation as to which Airworthiness Directives it does not comply with in Block 6, remarks section.
Attach one or more additional sheets if more space is required.
Block 8
Provide a list of approved repairs and modifications carried out on the aircraft. Attach one or more additional sheets if more space is required.
Block 9
Check the applicable box to indicate:
- whether the aircraft has been maintained in accordance with a pre-approved maintenance schedule for small aircraft [see subsections (2) and (3) of standard 625.86]; or
- if it has been maintained in accordance with maintenance schedule requiring approval, including the maintenance schedule number in the space provided.
Block 10
Provide the date of the most recent inspection.
Block 11
This block has to bear an original signature in permanent ink.
Part 3
Block 12
This block has to bear an original signature in permanent ink. The owner or his authorized representative may sign. If the owner has authorized a representative to sign on his behalf, the authorization has to accompany the application form.
Note:
In the case of a new aircraft, the declaration signed by the applicant in Block 12 may not be signed by the person issuing the Export Airworthiness Certificate.
Appendix B - Foreign Special Requirements
Content last revised: 1996/10/10
1. General
Information notes:
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(i) Appendix B describes the special requirements of each state with which Canada has signed an agreement for the export of aeronautical products. These special requirements are mostly administrative in nature and should be satisfied at the time of export. They involve, for example, the requirements for maintenance records, flight manuals, and other information in respect of the product being exported. Where a product does not meet a special requirement, a written statement should be obtained from the civil aviation authority of the importing state indicating that the product will be acceptable minus the special requirement. Such statements should accompany each application for export airworthiness certification.
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(ii) Appendix B is based on foreign legislation and, as such, is provided for information only. Consult the nearest Transport Canada regional or district office for assistance in verifying the current status of these requirements.
Annex 1 - United States of America
Content last revised: 2001/06/01
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(1) Product Conformity
Aircraft manufactured in Canada to approved type design data, and exported under the provisions of the USA/Canada Bilateral Airworthiness Agreement, shall have been manufactured by a Transport Canada approved manufacturer and certified for conformity to type design data, approved by the FAA, and be in a fit and safe state for flight.
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(2) Export Airworthiness Certification
The FAA will accept an export airworthiness certification for an aircraft when the certification attests that the aircraft:
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(a) conforms to a type design, approved by the FAA, which meets the FAA standards for airworthiness and environment as specified in the Type Certificate Data Sheet; and
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(b) is in a condition for safe operation including compliance with any applicable FAA mandatory airworthiness modifications and special inspections.
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(3) Deviations from the FAA Type Design
Any deviation from the FAA type design shall be noted. However, any such deviation will eventually have to be resolved by the importer with the FAA before an aircraft is eligible for a US airworthiness certificate.
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(4) Products Manufactured in a Third State
In making its findings of eligibility for an aircraft manufactured in a state other than the United States or Canada, the FAA will accept a Transport Canada Airworthiness Inspector's certification for that aircraft, provided that:
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(a) both the FAA and Transport Canada have approved the basic type design of the aircraft; and
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(b) the aircraft was registered in Canada, or was in Canada for the purpose of completion (e.g. interior installation).
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(5) Identification and Markings
The following identifies other special requirements which shall be complied with as a condition of acceptance by the FAA for use on US registered aircraft:
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(a) Aircraft, aircraft engines and propellers shall be identified in a manner specified in FAR 45.11 with the information outlined in FAR 45.13.
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(b) Critical components to be used as spare or replacement/modification parts shall be identified with a part number and serial number.
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(c) Appliances and articles of a design approved by an FAA letter of TSO design approval shall be marked in accordance with the requirements outlined in Part 21, Subpart O, and any additional marking requirements specified in the particular TSO.
(amended 2001/06/01) -
(d) Parts and materials to be used as spare or replacement/modification parts shall be identified by a part number and the manufacturer's name or trade mark. In addition, information concerning the model designation or the type certificated product for which the part is eligible for installation shall be furnished.
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(6) Maintenance Records
Each aircraft, aircraft engine, propeller, and appliance shall be accompanied by maintenance records, equivalent to those specified in FAR 91.417, that reflect the status of required inspections, life limitations, etc.
In the case of engines and propellers, each engine or propeller shall have been subjected to a final operational check to the manufacturer's specifications.
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(7) Maintenance and Modifications of Products
Any maintenance or modification work performed on a US registered aircraft, or any part thereof, can be certified for return to service by an aircraft maintenance engineer (AME) holding the appropriate licence and endorsements. Also, where any maintenance or modification work is performed by a Transport Canada approved organisation on an aircraft engine, propeller, or appliance which has been removed from a US registered aircraft, that aircraft engine, propeller, or appliance can be released for return to service on a US registered aircraft by an authorised inspector. Therefore, in neither case will an export airworthiness certification be necessary, provided the product remains under the jurisdiction of the FAA.
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(8) Approved Flight Manuals, Markings and Placards
Aircraft shall be accompanied by an approved flight manual as identified on the FAA type certificate data sheet. Also the aircraft shall have the appropriate markings and placards specified in the FAA type certificate data sheet, and flight manual or manual material pursuant to FAR 91.31.
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(9) Noise and Emissions Required
Aircraft shall meet the environmental standards of FAR 21.93(b), 21.183(e) or 21.185(d), SFAR 27, Part 34, Part 36, SFAR 41, or Part 91 Subpart E, as applicable
Annex 2 - Poland
Content last revised: 1996/10/10
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(1) Product Conformity
Aircraft manufactured in Canada for export to Poland under the Bilateral Airworthiness Understanding between the Transport Canada Aviation Group (formerly CATA) and the Central Administration of Civil Aviation of the Polish People's Republic shall have been manufactured by a Transport Canada approved manufacturer and certified by Transport Canada for conformity to approved type design data, and also for meeting any applicable test and quality control requirements when formally requested by the Polish civil aviation administration.
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(2) Export Airworthiness Certification
The Polish civil aviation administration will give the same validity to an export airworthiness certification as if the certification had been made under its own laws, regulations, and requirements provided that:
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(a) the aircraft conforms to design data approved by the Minister and also to any additional requirements specified by the Polish civil aviation administration;
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(b) the export airworthiness certification statement is signed by a Transport Canada representative.
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Annex 3 - United Kingdom
Content last revised: 1996/10/10
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(1) Introduction
The Technical Arrangement on Airworthiness between the Aviation Regulation Directorate, Transport Canada (TC) and the Safety Services Group, United Kingdom (U.K.) Civil Aviation Authority was signed April 27, 1987
Aircraft manufactured in Canada to approved type design data and exported under the provisions of the bilateral agreement shall be processed in accordance with the procedures given in this Annex.
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(a) Administration and Procedures
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(i) The procedures which shall be followed to obtain U.K. certification are dealt with in the current issue of Section B of the British Civil Airworthiness Requirements (BCAR) which also prescribes the documents which shall be supplied for prototype and series aircraft.
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(ii) An Export Airworthiness Certificate (or agreed alternative) with pertinent data attached will be required in connection with any civil aircraft to be registered in the U.K.
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(iii) Where the issue of an Export Airworthiness Certificate is relevant, it shall be accompanied by a document (e.g. aircraft log book), furnished by the applicant, which contains entries identifying those applicable Airworthiness Directives (AD) and UK-CAA Airworthiness Directives (CAA-AD) with which compliance has been achieved. This document shall also identify those ADs and CAA-ADs containing repetitive compliance requirements (e.g., inspection requirements for a particular component at 50-hour intervals) and when next compliance is due to be satisfied. All ADs and CAA-ADs shall have been complied with prior to issuance of the Canadian Export Airworthiness Certificate unless otherwise waived by the UK-CAA.
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(iv) The applicant for a Canadian Export Airworthiness Certificate is responsible for satisfying all U.K. Special Requirements identified in Section 2 of this Annex, as appropriate, for the particular product being exported to the U.K.
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(b) Acceptance of Aircraft
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(i) In accordance with paragraph 4 of the U.K./Canada agreement, the U.K. will require that it become conversant with the design of all fixed-wing aircraft in excess of 5,700 kg (12,500 lbs.) weight intended for use in the U.K. Transport Category, the design of all aircraft exceeding 5,700 kg (12,500 lbs.) regardless of the intended certification category, and all rotorcraft offered for U.K. Certification. Additionally, in accordance with the policy declared in CAA Airworthiness Notice No. 15, the CAA can require to evaluate certain aircraft of less than 5,700 kg weight which have unusual design features. The CAA can then issue Special Conditions to cover certain features which would otherwise not meet the standards which are implicit in British Civil Aviation Requirements (BCAR) and the U.K. Air Navigation Order.
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(ii) Once the U.K. standard for certification has been determined and, where necessary, U.K. Special Conditions have been issued, the U.K. will accept aircraft and rotorcraft to this standard and U.K. Special Conditions, as applicable, together with applicable ADs and U.K. equivalent retrospective requirements, while they continue in production. Modifications to the aircraft can also be made, provided the requirements used as the basis of U.K. certification are complied with, or alternatively, that the CAA agree that the modifications are acceptable.
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(iii) For aircraft which are no longer in production, the CAA reserves the right to modify the basis of U.K. certification, or to refuse certification. Where U.K. certification of such aircraft is sought, reference should be made to the Civil Aviation Authority who will advise the position pertaining at the time.
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(c) Acceptance of Engine, Auxiliary Power Units and Propellers
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(i) In accordance with Article III of the U.K./Canada agreement, a preliminary investigation may be required to establish the standard offered for U.K. certification and, where necessary, any Special Conditions the CAA may wish to apply. In the case of turbine engines for aeroplanes, the Special Condition requirement will be limited to those arising from unusual design features in accordance with the U.K./Canada agreement.
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(ii) When compliance with the U.K. standard has been established, the U.K. will accept engines (including engine modules), auxiliary power units, and propellers and parts thereof to the defined standard while they continue to be in production subject only to compliance with subsequent applicable ADs and U.K. equivalent retrospective requirements. Modification will also be accepted subject to compliance with the U.K. certification basis.
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(iii) For engines, auxiliary power units, and propellers which are no longer in production, the CAA reserves the right to modify the basis of acceptance or to refuse certification.
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(d) Acceptance of Appliances and Components
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(i) Radio
The procedure which shall be followed to obtain U.K. acceptance of radio equipment are dealt with in the current issue of Section B, Chapter B4-10, of the BCAR.
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(ii) Appliances (other than radio) as so defined in Section 3 shall be registered to obtain U.K. acceptance. The procedures which shall be followed to obtain U.K. acceptance of such appliances are dealt with in Section B, Chapter B4-8, of BCAR. An acceptable method of complying with these procedures is contained in Section 3.
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(iii) Components which are produced in Canada for export and used on products which are or can be certificated or approved in the U.K. will be accepted by the CAA provided:
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(1) they are properly designated; and
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(2) Transport Canada, or its representative, certifies that the components conform to the applicable design data and meet the applicable test and quality control requirements which have been notified by the CAA to Transport Canada.
Information note:
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The provisions of paragraph (iii) apply to those components which are produced by a manufacturer in Canada pursuant to an agreement between the manufacturer and the product manufacturer in the U.K.
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(e) Restricted Category Aircraft
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(i) Application for U.K. certification of aircraft type approved in Canada in the restricted category will be considered on an individual basis.
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(ii) The applicant for export certification shall furnish to the CAA, information describing how the aircraft differs from the type approval basis for a standard type approval - if standard type approval of the design has been made. The applicant shall provide evidence of compliance with this requirement, to Transport Canada or its representative, at the time of issue of the export certificate. If the applicant does not have some form of approval under the Canadian Airworthiness Manual, Transport Canada will verify correctness of the information and will so notify the CAA by the appropriate means.
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(iii) On the basis of this evidence, the CAA will decide whether it is necessary to seek further information from Transport Canada and which, if any, of the procedures described in paragraphs (i) and (ii) above shall be invoked.
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(2) Special Requirements
The following identifies those special administrative requirements which shall be satisfied at the time of export (in addition to any U.K. Special Conditions) for a particular product to be eligible for U.K. registration, certification and/or airworthiness validation.
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(a) All Aircraft
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(i) Statement of Build Standard * is to include the aircraft specification, changes in design (as required by U.K. Special Conditions) and a list of Service Bulletins incorporated in order to identify:
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(1) production versions of the Service Bulletin;
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(2) Service Bulletin compliance;
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(3) Alert Service Bulletin compliance.
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(ii) Modification Standard shall include:
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(1) customer incorporated options;
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(2) equipment incorporated, including items of equipment not necessarily installed by the manufacturer;
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(3) Service Bulletin compliance
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(4) Alert Service Bulletin compliance.
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(iii) Export Airworthiness Certification
The Canadian Export Airworthiness Certificate shall list the status of compliance with U.K. Special Conditions including, by issue and date, those which have been complied with and those which have not. Accordingly, the following information should be noted on the Canadian Export Airworthiness Certificate when issued for any aircraft to which the U.K. Special Conditions are applicable;
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(1) The date and issue number of the U.K. Special Conditions which have been complied with;
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(2) The list of Special Condition numbers that have been complied with;
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(3) The list of Special Condition numbers that have not been complied with.
Information note:
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Non-compliance with any U.K. Special Condition would not require a waiver from the U.K. nor preclude the issuance of a Canadian Export Airworthiness Certificate since the U.K. is primarily concerned with the status of compliance.
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(iv) Airworthiness Directives
A declaration of compliance with all ADs issued by Transport Canada shall be provided. Where optional means of compliance are offered, the means chosen shall be stated. There shall also be a declaration of compliance with CAA Airworthiness Directives (available at Transport Canada regional offices).
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(v) A copy of the aircraft type approval plus any applicable supplemental type approvals (STA). The STAs will be subject to CAA evaluation if not previously investigated *.
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(vi) A list of defects to be rectified by the U.K. operator at the time of issue of the Export Airworthiness Certificate, if any.
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(vii) Engine/Airframe/Auxiliary Power Unit logbooks.
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(viii) Seating configuration approval document, where appropriate **.
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(ix) Maintenance Review Board program, where applicable ***.
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(x) Time/Life limitations.
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(xi) Electrical load analysis *.
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(xii) Minimum equipment list *.
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(xiii) Wiring diagram *.
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(xiv) Weight schedule and weighing report.
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(xv) Manuals:
Table
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(xvi) Record of Compass System and Magnetic Compass Swings.
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(xvii) Record of rigging checks.
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(xviii) Detailed list of radio equipment constituting the radio station.
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(xix) Antenna performance patterns, when available.
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(xx) List of serial numbers of significant component parts.
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(b) Used Aircraft
In addition to the information referred to in Section 2, paragraph (a), the following is also required for used aircraft:
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(i) The maintenance program to which these aircraft have previously been maintained including **:
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(1) Previous check cycle;
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(2) Future check cycle.
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(ii) Component overhaul life summary, including details of service life remaining and modification standards **.
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(iii) Compliance with structural inspection program. Provide details of any structural sampling program in which these aircraft have been included, together with details of their position in the program **.
Notes:
* Required only with the first aircraft of a particular type and model exported to the U.K.
** Normally only required for aircraft over 2,730 kg (6,019 lbs.) in Transport Category.
*** Both of the foregoing apply.
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Name | Number Required | |
---|---|---|
(1) | Flight Manual or Pilot Operating Handbook * | 5 (+1 per aircraft) |
(2) | Maintenance * | 2 |
(3) | Operations * | 2 |
(4) | Weight and Balance Loading Procedures * | 1 |
(5) | Overhaul * | 2 |
(6) | Structural Repair * | 2 |
(7) | Component Overhaul * | 2 |
(8) | Engine Maintenance & Overhaul * | 2 |
(9) | Standard Practices * | 2 |
(10) | Nondestructive Testing * | 2 |
(11) | Structurally Significant Items * | 1 |
(12) | Maintenance Planning Guide * | 1 |
(13) | Parts Catalog * | 2 |