EXEMPTION FROM PARAGRAPHS 571.07 (c), (d), (e), (f), (g) and (h) of STANDARD 571 AND SECTION571.07 OF THE CANADIAN AVIATION REGULATIONS

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 installing parts on Canadian registered aircraft or on an aeronautical product intended for installation on a Canadian registered aircraft from paragraphs 571.07 (c), (d), (e), (f), (g) and (h) (Installation of New Parts) of the Aircraft Maintenance Requirements Standard (571), made pursuant to section 571.07 of the Canadian Aviation Regulations. This exemption is subject to the conditions set out below.

Details of the relevant provisions are listed in Appendix A attached to this exemption.

Purpose

The purpose of this exemption is to relieve persons, installing FAA PMA parts on a Canadian registered aircraft or on an aeronautical product intended for installation on a Canadian registered aircraft, from the restrictions set out in the Aircraft Maintenance Requirements Standard (571), to foster additional acceptable sources of parts supplies.

Application

The exemption applies to persons installing FAA PMA parts on a Canadian registered aircraft or on an aeronautical product intended for installation on a Canadian registered aircraft.

Conditions

This exemption is subject to the following conditions:

  1. The installer of parts shall ensure the part is marked in accordance with FAA PMA part marking requirements, set out by the Federal Aviation Administration;
  2. The installer of parts shall ensure the part is certified by the part manufacturer, as conforming to the design data, approved by the Federal Aviation Administration or by Transport Canada Civil Aviation, through a certificate of conformity;
  3. The installer of parts shall ensure the certificate of conformity set out in condition #2 above indicate the aeronautical product(s) for which it is eligible;
  4. If the certificate of conformity is issued by a person other than the FAA PMA holder, the installer of parts shall ensure the certificate indicates that the production approval holder has authorized direct shipment; and
  5. The installer of parts shall comply with all other requirements of the Canadian Aviation Regulations.

Validity

This exemption comes into effect on September 1, 2009 at 00:01 EST until the earliest of the following:

  1. the date on which any condition set out in this exemption is breached;
  2. the date on which an amendment to the appropriate provisions of the AIRCRAFT MAINTENANCE REQUIREMENTS STANDARD 571 comes into effect; or
  3. the date on which this exemption is cancelled in writing by the Minister where he is of the opinion it is no longer in the public interest, or is likely to affect aviation safety.

Dated at Ottawa, Ontario, Canada this 4th day of September, 2009 on behalf of the Minister of Transport, Infrastructure and Communities.

Original signed by Gilles Morin for

D. B. Sherritt
Director, Standards
Civil Aviation

 

APPENDIX  A

Paragraphs (c) through (h) inclusive of Standard 571.07 “Installation of New Parts” read as follows:

.  .  .

(c) Parts made to an FAA Parts Manufacturer Approval (hereinafter simply known as PMA) can be installed on aeronautical products for which the US has jurisdiction for the initial type design.
(d) Except as provided in (e), (f), (g) and (h), PMA parts can be installed on other aeronautical products only where specified in the type design, in the manufacturer's parts catalogue, or where approved by the Civil Aviation Authority of the country having jurisdiction over the initial type design.
(e) An aircraft that is not of US type design and that was operated with PMA parts installed while the aircraft was under the jurisdiction of another State, can be accepted as a Canadian aircraft provided the PMA parts were installed in compliance with the regulations of the other State.
(f) An aeronautical product, other than a complete aircraft, that is not of US type design but was operated with PMA parts installed while under the jurisdiction of another State, can remain in service on a Canadian aircraft provided the PMA parts were installed in compliance with the regulations of the other State.
(g) A PMA part accepted pursuant to (e) or (f) can remain in service until such time as its replacement is required by reason of deterioration of time in service. Such a part shall not, however, be replaced by another FAA PMA part.
(h) PMA parts are replacement parts and are acceptable on Canadian aircraft for which TC has jurisdiction over the initial design, if such parts are listed in the manufacturer's parts catalogue, or otherwise approved by the Minister.
.  .  .

Information Note:
Installation of an FAA PMA part not meeting these criteria constitutes a modification requiring compliance with Section 571.06 of the CARs.”

Date de modification :