Staff Instruction Subject: Design Approval Document Transfers under CAR 521: Division VIII Responsibilities of a Design Approval Document Holder Issuing Office: Standards PAA Sub Activity Area: Aviation Safety Regulatory Framework Document No.: SI 500-018 Classification File No.: 5009-32-2 Issue No.: 02 RDIMS No.: 5305671-v4 Effective Date: 2009-12-22 TAB LE OF CONTE NTS 1.0 INTR ODUCTION... 3 1.1 Purpose... 3 1.2 Applicability... 3 1.3 Description of changes... 3 2.0 REFERENCES AND REQUIREMENTS... 3 2.1 Reference documents... 3 2.2 Definitions and abbreviations... 3 3.0 B ACK GR OUND... 4 4.0 TR ANSFER SCENARIOS... 4 4.1 Transfers From a Canadian Holder to a Canadian Applicant... 5 4.2 Transfer From a Foreign Holder to a Canadian Applicant... 5 4.3 Transfer from a Canadian Holder to a Foreign Applicant... 6 4.4 Transfer from a Foreign Holder to a Foreign Applicant, other than Canada... 6 5.0 REQUIREMENTS FOR TRANSFE R... 6 5.1 Continuing Airworthiness Responsibilities... 6 5.2 Communication... 7 5.3 Languages... 7 5.4 Obligations of Holders and Applicants... 7 5.5 Involvement of Other Authorities... 8 5.6 Transfer Plan... 8 5.7 Review of Applicant s Capability to Hold a Design approval document... 9 5.8 Type Design Examination... 9 5.9 Certification Basis... 9 5.10 Substantiating Data and Reports... 10 5.11 Type Certificate Data Sheets (TCDS) and Continuation Sheets... 10 5.12 NAPA Entries... 11 5.13 Manuals... 11 5.14 Supplemental Integrity Instructions... 11 5.15 Fees and Cost Recovery... 12
5.16 Informing ICAO Contracting States of Design Approval Document Transfers... 12 5.17 Coordinating the (re)-issue of the Canadian and Foreign Design approval documents... 12 6.0 CONTACT OFFICE... 13 APPENDIX A TR ANSFER A DESIGN APPROVAL DOCUMENT FROM A HOLDER IN CANADA TO AN APPLICANT IN CANADA... 14 APPENDIX B TR ANSFER A DESIGN APPROVAL DOCUMENT FROM A FOREIGN HOLDER TO A CANADIAN APPLICANT... 15 APPENDIX C TR ANSFER A DESIGN APPROVAL DOCUMENT FROM A CANADIAN HOLDER TO A FOR E IGN APPLIC ANT... 15 APPENDIX C TR ANSFER A DESIGN APPROVAL DOCUMENT FROM A CANADIAN HOLDER TO A FOR E IGN APPLIC ANT... 16
1.0 INTRODUCTION 1.1 Purpos e The purpose of this Staff Instruction (SI) is to provide procedural guidelines for the transfer of a type design, and the associated technical responsibilities, from an existing Type Certificate (TC), Canadian Technical Standard Order (CAN-TSO) Design Approval (CAN-TSODA), Supplemental Type Certificate (STC), Repair Design Approval (RDA) or Part Design Approval (PDA) holder to a new holder, called the transferee in section 521.357 of the Canadian Aviation Regulations (CARs). 1.2 Applicability This document applies to all Transport Canada Civil Aviation (TCCA) personnel, delegates and industry. 1.3 Description of changes This document, formerly SI 500-018, Issue 01 Certificate Transfers, has been reissued as SI 500-018, Issue 02 Design approval document Transfers under CAR 521: Division VIII Responsibilities of a Design Approval Document Holder. With the exception of minor editorial changes and updated references to reflect the introduction of Part V Subpart 21 of the CARs, known as CAR 521, the content is unaltered. 2.0 REFERENCES AND REQUIREMENTS 2.1 R eference documents It is intended that the following reference materials be used in conjunction with this document: Aeronautics Act; Part I Subpart 4 of the Canadian Aviation Regulations (CARs) Charges; Part V Subpart 21 of the CARs Approval of the Type Design or a Change to the Type Design of an Aeronautical Product; Civil Aviation Directive (CAD) No. 3 Recovering the Incremental Costs of Providing Services Inside/Outside Canada; International Civil Aviation Organization (ICAO), International Standards, Annex 8, Part II, Chapter 4 Airworthiness Of Aircraft; and ICAO Document 9760-AN/967, First Edition Airworthiness Manual, Volume II Design Certification and Continuing Airworthiness: Part A Procedures for Type Design Certification and Type Approvals. 2.2 Definitions and abbreviations The following definitions and abbreviations are used in this document: Design Approval Document: means a Type Certificate, a Supplemental Type Certificate, a Repair Design Approval, a Part Design Approval or a Canadian Technical Standard Order (CAN-TSO) Design. Holder: means the existing design approval document holder. Applicant: means the intended design approval document holder, before a transfer is completed. New Holder: means the applicant, after a transfer is completed. State of Design: as defined by ICAO Annex 8, means the State having jurisdiction over the organization responsible for the type design. 2009-12-22 3 of 16 SI 500-018 Issue 02
State of Registry: as defined by ICAO Annex 8, means the State on whose register the aircraft is entered. 3.0 BACKGROUND (1) TCCA will issue a TC or a CAN-TSODA to record the approval of the type design of an aeronautical product when the applicant meets the requirements of Divisions II or III of CAR 521. Similarly, TCCA will issue an STC, an RDA or an PDA to approve a change in the type design of an aeronautical product, when the applicant meets the requirements of Divisions V, VI or VII of CAR 521. (2) When TCCA issues a design approval document to a Canadian Holder, it does so as the State of Design. When TCCA issues a Canadian design approval document to a foreign holder for a foreign design, it does so based on having examined the type design of the aeronautical product and determined that it conforms with the applicable Canadian requirements. (3) In accordance with section 521.357 of the CARs, a design approval document may be transferred from the holder to a new applicant. The transfer of a design approval document is required when the holder decides to transfer his design rights and privileges. The reason for the transfer of design rights is almost always a business or commercial decision (i.e. selling of design rights, relocation of design organization, or amalgamation with a foreign or parent organization). (4) TCCA will approve the transfer upon request by the holder as set out in paragraph 521.357(1) of the CARs, subject to the applicant demonstrating its capability to fulfil the responsibilities of a design approval document holder as set out in paragraph 521.357(1) of the CARs. The transfer includes all the privileges and responsibilities of the design approval document holder, including the continuing airworthiness responsibilities. When a design approval document is transferred from a Canadian holder to a foreign applicant (or the reverse), a change in the State of the Design for the product will also occur. (5) The timeliness of TCCA to respond to a transfer schedule is dependent on the quality and relevance of data provided, and the technical expertise available to TCCA. An incomplete or incorrect data package will delay the process. The applicant is responsible for providing TCCA with access to all the necessary information, facilities and design knowledge. (6) The transfer endorsement form wording has been changed to now indicate the requirements to be met in order to transfer a design approval document from the holder to a new holder. 4.0 TRANSFER SCENARIOS (1) For the purposes of this document, there are four possible scenarios where a design approval document may be transferred: Transfer from a Canadian holder to a Canadian applicant; Transfer from a foreign holder to a Canadian applicant; Transfer from a Canadian holder to a foreign applicant; and Transfer between a foreign holder and a foreign applicant. (2) Each scenario has several requirements to be met for the transfer to occur, as discussed in section 5.0. While not intended to be all-inclusive, the checklists provided in Appendices A, B and C may assist in ensuring that the most important steps are completed, in respect to transfer scenarios, and above. In the case of an out-of-production aircraft where there is still a holder, it should be recognized that there may be reduced ability to supply some of the technical data. 2009-12-22 4 of 16 SI 500-018 Issue 02
4.1 Transfers From a Canadian Holder to a Canadian Applicant When a design approval document is transferred from a Canadian holder to a Canadian applicant, TCCA s State of Design responsibilities continue. In this scenario, the following requirements for transfer must be addressed: (g) (h) (i) (j) (k) (l) (m) (n) Continuing Airworthiness Responsibilities; Communication; Languages; Obligations of the Holder and the Applicant; Transfer Plan; Review of Applicant s Capability to Hold a Design Approval Document; Data and Compliance Reports; Type Certificate Data Sheets (TCDS) and Continuation Sheets; Type Design Examination; NAPA entries; Manuals; Informing ICAO of Design Approval Document Transfers; Supplemental Integrity Instructions; and Fees. 4.2 Transfer From a Foreign Holder to a Canadian Applicant When a design approval document is transferred from a Foreign Holder to a Canadian Applicant, TCCA assumes the State of Design Responsibilities. In this scenario, the following requirements for transfer must be addressed: (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) Continuing Airworthiness Responsibilities; Communication; Languages; Obligations of the Holder and the Applicant; Involvement of Other Authorities; Transfer Plan; Review of Applicant s Capability to Hold a Design Approval Document; Type Design Examination; Certification Basis; Data and Compliance Reports; Type Certificate Data Sheets (TCDS) and Continuation Sheets; NAPA entries; Manuals; Informing ICAO of Design Approval Document Transfers; Supplemental Integrity Instructions; and Fees. 2009-12-22 5 of 16 SI 500-018 Issue 02
4.3 Transfer from a Canadian Holder to a Foreign Applicant When a design approval document is transferred from a Canadian Holder to a Foreign Applicant, TCCA s State of Design responsibilities are transferred as well. Serial number STCs are generally not recognized by a foreign authority, and on that basis, the authority may refuse to accept State of Design responsibilities. However, there are situations where a serial number STC may be transferred to another state. RDAs are not transferable to a foreign applicant. In this scenario, the following requirements for transfer must be addressed: Continuing Airworthiness Responsibilities; Communication; Languages; Obligations of the Holder and the Applicant; Involvement of Other Authorities; Transfer Plan; (g) Type Certificate Data Sheets (TCDS) and Continuation Sheets; (h) NAPA entries; (i) Manuals; (j) Informing ICAO of Design approval document Transfers; (k) Supplemental Integrity Instructions; and (l) Reissuing a Canadian Design approval document Based on a Foreign Design approval document. 4.4 Transfer from a Foreign Holder to a Foreign Applicant, other than Canada Transfers from a foreign holder to a foreign applicant may affect Canadian design approval documents that were issued based on the foreign design approval document. When TCCA is notified of a transfer, the case should be assessed to determine the validity of the Canadian design approval document. Depending on the circumstances and the States involved, it is possible that the Canadian design approval document will need to be reissued and may be limited to aircraft currently on the Canadian registry. In this scenario, the following administrative requirements should be addressed: Type Certificate Data Sheets (TCDS) and Continuation Sheets; NAPA entries; and Manuals. 5.0 REQUIREMENTS FOR TRANSFER 5.1 Continuing Airworthines s R es pons ibilities (1) A design approval document holder must continue to meet the continuing airworthiness responsibilities under the ICAO. ICAO, of which Canada is a member, provides guidance material in the Airworthiness Manual Document 9760-AN/967 to member states on procedures for maintaining the airworthiness of aircraft once they have entered operational service. Paragraph 2.6.1 addresses Transfer of the Type Certificate and states the following: Cases can be envisaged where the type certificate (or equivalent document) will pass (with its associated responsibilities) from the initial holder to another holder. Where this takes place within one State, the authority will need to be satisfied that all necessary background data, including the type design data and type certification data, have been transferred to the new holder and that it is competent to use the data as necessary for the 2009-12-22 6 of 16 SI 500-018 Issue 02
Continuing Airworthiness of the aircraft type. If the new holder is in a different State, the two associated authorities will need to resolve any problems arising from different backgrounds and procedures for type certificate in the two States. (2) To meet the international responsibilities for continued airworthiness under ICAO Annex 8, Part II, Chapter 4, section 4.3, clear communication between the holder s State of Design and the applicant s State of Design is paramount. Furthermore, any difference of opinion between them must be resolved before a transfer may be completed. 5.2 Communication (1) Efficient transfers are facilitated by clear, timely communication. Early discussions are critical in assuring that a comprehensive design approval document transfer program is formulated and completed efficiently. (2) Where a design approval document is being transferred from a Canadian holder to a Canadian applicant, the point of contact is the Regional Engineer, or the Project Manager in National Aircraft Certification that issued the design approval document. (3) Where there is a bilateral agreement between a foreign State and Canada, or other technical arrangement between a foreign authority and Transport Canada, the points of contact are those outlined in the agreement. The agreements may be found on the TCCA Internet website at http://www.tc.gc.ca/civilaviation/certification/int/menu.htm. Where there is no such agreement, the point of contact is either the Regional Engineer or the Project Manager in National Aircraft Certification. (4) When a design approval document is transferred between Canada and a foreign State (such as the U.S.A or Europe), there must be written communication between the two states before any design approval document transfer is facilitated. This applies regardless of whether the transfer is from a foreign holder to a Canadian applicant, or from a Canadian holder to a foreign applicant. The points of contact between the two States, which vary according to the type of design approval document being transferred, are outlined in the airworthiness agreement or similar arrangement. 5.3 Languages TCCA will only accept and process documents in English or French. It is the responsibility of the applicant to translate documents that are in other languages. Data and reports must be sufficiently detailed to provide proper understanding of the design. A Canadian holder who wishes to transfer the design to a foreign applicant may be required to meet the language requirements of the foreign State. 5.4 Obligations of Holders and Applicants (1) A Canadian holder who wishes to transfer a design approval document to a Canadian or foreign applicant, is required to notify TCCA of its intent to transfer the design approval document as set out in subsection 521.357(1) of the CARs. The holder must do this in writing, and must provide the information required by subsection 521.357(1) of the CARs. Where there is an airworthiness agreement or similar arrangement in place, the holder s airworthiness authority may notify TCCA on the holder s behalf. Where no such agreement exists, the holder may contact TCCA directly. (2) A foreign or Canadian applicant who wishes to accept a transfer must, in addition to meeting the requirements of subsection 521.357(2) of the CARs, provide the following information: Full legal and trade names and address of the new holder; Points of contact within the new holder s organization; and Changes to approved publication numbering and nomenclature, or any other changes affecting the content of the data sheet or continuation sheet for the design approval document. 2009-12-22 7 of 16 SI 500-018 Issue 02
5.5 Involvement of Other Authorities (1) This section does not apply to transfers from a Canadian holder to a Canadian applicant. The existence of an airworthiness agreement or similar arrangement may facilitate the transfer of design approval documents between Canada and another State. While the agreement or arrangement does not explicitly outline transfer protocols, it will help facilitate the transfer because of: Canada s knowledge of the other State; and the cooperation clause that forms part of all agreements or arrangements. (2) Without such an agreement or arrangement, transfers may still occur but will require extensive involvement from the airworthiness authorities of the two States. In either case, it is the applicant s responsibility to bridge between the two authorities where required, and it is the prerogative of the applicant s civil aviation authority to accept becoming the new State of Design as defined under ICAO Annex 8. The two authorities should try to resolve issues arising from different backgrounds and type certification procedures. When transferring a design approval document from a Canadian holder to a foreign applicant, the holder may be required to submit either a familiarization or complete data package to TCCA for submission to the foreign authority. (3) There is a difference between the transfer of design rights and the transfer of a design approval document. A foreign authority may refuse to issue a design approval document even though the design rights have been transferred. In cases where the foreign authority does not accept the State of Design responsibilities, Canada must re-evaluate the existing design approval document to address any continuing airworthiness problems. The holder no longer has the intellectual ownership of the design, and the organization to which it was transferred may not have the technical capability to support the continuing airworthiness of the product. Therefore, the Canadian design approval document may be cancelled, or limited to specific serial numbers as though the holder does not exist, from a continuing airworthiness perspective. 5.6 Transfer Plan (1) The purpose of a transfer plan is to describe the process that will be used to satisfactorily complete the transfer of a design approval document and its associated responsibilities either to a Canadian applicant, or from a Canadian holder. However, it could also be used in a transfer from a Canadian holder to a Canadian applicant. (2) In general, a transfer plan should be drafted at the beginning of the process, and address design data, production, continued airworthiness and points of contact. It should be tailored to the size and scope of the transfer and could: (g) (h) Establish the transfer responsibilities for each authority or country, including those of State of Design (note that per ICAO, continuing airworthiness responsibilities change on the date when the transfer is complete and may not be shared between authorities); Establish the responsibilities for the holder and the applicant; Determine which design approval documents are affected; Assess and determine resources and project timelines; Establish the design transfer schedule; Establish how a request between two authorities for assistance in making additional compliance findings on the other s behalf will be accomplished; Establish how to enhance an authority s understanding of a design; Document how procedural differences will be resolved, and how those resolutions will be made visible; 2009-12-22 8 of 16 SI 500-018 Issue 02
(i) (j) Document how differences between the original certification basis and the one under consideration may be minimized; and Document details about the manufacturing of parts (for example, production overlap) related to the type design. 5.7 R eview of Applicant s Capability to Hold a Des ign approval document (1) This section does not apply to transfers from a Canadian holder to a foreign applicant. (2) TCCA will evaluate the applicant s capability to support the product in service as required by subsection 521.357(2) of CAR 521. The applicant shall have, or have access to, the technical capability: To conduct design analyses and tests in order to develop the data required to maintain the aeronautical product in an airworthy condition; and To carry out the responsibilities specified in Division VIII of CAR 521. (3) This evaluation is to establish that the applicant demonstrates competence in: Engineering abilities relevant to the product in the specialty areas of aircraft systems, structures, electrical and avionics, software, powerplants and flight test; Field service data collection and analysis; and Maintenance, publication and distribution of all Instructions for Continued Airworthiness (ICAs), such as service bulletins, and maintenance and repair manuals. (4) The applicant must also demonstrate that he has a system for reporting, investigating and analyzing Service Difficulties under Division VIII of CAR 521. This is necessary so that TCCA may comply with the continuing airworthiness responsibilities as required by ICAO Annex 8, Part II, section 4.3.6. 5.8 Type Des ign E xamination (1) This section may not apply to transfers from a Canadian holder to a foreign applicant. It also may not apply to transfers from a Canadian holder to a Canadian applicant; TCCA would have completed a comprehensive type design examination prior to issuing the original design approval document, thereby gaining the knowledge necessary to fulfil the State of Design responsibilities for the product. Out-of-production aircraft, or older aircraft needing a change in material for example, may require a new type design examination. (2) A type design examination may be necessary when a transfer occurs from a foreign holder to a Canadian applicant, even if the product was previously certified in Canada. The objectives of the type design examination are to gain an in-depth understanding of the product s characteristics, to assume the responsibilities as regulatory authority and to support the product s continuing airworthiness worldwide. It establishes that the type design of the product complies with the Canadian certification basis. The applicant shall make all design analyses, test reports and computations available for review by TCCA. 5.9 Certification B as is (1) This section does not apply to transfers from a Canadian holder to a Canadian applicant, or from a Canadian holder to a foreign applicant. (2) When a product is being transferred from a foreign holder to a Canadian applicant, the certification basis applied by the foreign state during the original certification must be reviewed in order to establish a Canadian certification basis. There are several areas to consider: The applicable Canadian standards of airworthiness that were in force on the date on which an application for the design approval document, or an equivalent document, was submitted to the airworthiness authority having jurisdiction in the state of design; 2009-12-22 9 of 16 SI 500-018 Issue 02
(g) Special conditions due to the product having novel or unusual design features; Noise and emission standards that were in place on the date of certification by the domestic authority; Exemptions; Airworthiness Directives; Additional Technical Conditions; and Findings of Equivalent Safety. (3) Differences between the foreign and Canadian type design standards and in the interpretation of those standards must be resolved in order for the transfer to take place. In the event the transfer involves an out-of-production aircraft, and the aircraft is subsequently brought back into production, the certification basis to be used is that which applied to the last original production aircraft. For those aspects of the type design that the applicant changes, TCCA requires that the principles of the Changed Product Rule (CPR) be applied. It may be necessary to update the certification basis, and a new type design examination may be required. 5.10 Substantiating Data and R eports This section does not apply to a transfer from a Canadian holder to a foreign applicant. The applicant shall ensure that the type design (which shall include a complete set of type design data, substantiating data and reports that support the design approval document), is included as part of the design transfer package. A compliance checklist or other suitable means may be used to ensure this is completed. The complete package shall be available for TCCA review. Specifically, documentation that should be part of the data package includes: (g) (h) (i) (j) (k) (l) Detailed design description and associated drawings; Certification basis; Certification plans and associated reports; All manuals required as part of the ICAs; Structural and Component Repair Manuals; Details of all service difficulties and measures taken to correct them; Details of all airworthiness directives and/or mandatory service bulletins; Installation instructions; Aircraft Flight Manual (AFM) and supplements (AFMS); Master Minimum Equipment Lists (MMELs); Production process or inspection documents; and Details of initial sale or distribution of the design or design change. A Service Bulletin must be issued to notify all affected aircraft owners or operators of the change of holder. 5.11 T ype C ertificate Data S heets (T C DS ) and C ontinuation S heets (1) For TCs, where applicable, revisions to the TCDS will be considered by TCCA. As a minimum, where the transfer affects a product previously certified in Canada, the design approval document must be re-issued in the name of the new holder. Other amendments could include new notes on changes in responsibility for continued airworthiness, affected serial numbers, and changes in placards, production and dataplate information, changes in limitation and certification basis. (2) For TCs, it is essential that the history of design approval document transfers be clear on the TCDS in order to resolve issues of eligibility, etc. The TCDS is the document that is first referenced to determine if an aircraft is eligible for importation into Canada and under what 2009-12-22 10 of 16 SI 500-018 Issue 02
conditions. A clear history of the ownership of the TC on the TCDS is required, especially in the case of aircraft that are still in production and may show up with different manufacturers. (3) Similarly the information for an STC, RDA or PDA should be reflected on the Continuation Sheet (if required). The STC, RDA or PDA will need to be reissued; the number of the document will remain the same, but the issue number will increase. It may also be necessary to reissue the corresponding approval documents cited on the design approval document. The effective date of change of design approval document holder; The legal and trade names and address of the previous holder; The legal and trade names and address of the new holder; Both the previous and new states of design (where a change occurs); The model and serial numbers of the aeronautical product affected by the change; and Any other information deemed appropriate. (4) For consistency, two examples are included for reference. The first is for a transfer from a foreign state to Canada: Effective (date), design responsibility for all models listed above is transferred from (holder) and the (state of design) to (new holder) and Transport Canada. Information on this Type Certificate Data Sheet at Issue (number) has been obtained from (state of design) Type Certificate (TC number) at Revision (revision number). (5) The second example is when the name of a holder is changed: 5.12 NAPA Entries Effective (date), the (old company name) was changed. The following serial numbers are manufactured under the name (new company name). The same summary of details regarding the design approval document transfer that is recorded on the TCDS or the Continuation Sheet shall be recorded in the National Aeronautical Product Approval (NAPA) system. 5.13 Manuals (1) The relevant AFM, AFMS and other applicable documents must be updated by the new holder to reflect the transfer, and any change in document number or procedures where required. The new holder shall have established procedures for revision, approval and distribution of documents required under the ICAs. These procedures are part of the new holder s demonstration of technical capability to acquire the type design and require approval by TCCA. (2) To support the operation of the product in service, the new holder of a TC must provide manuals at no cost to TCCA, in accordance with the requirements of subsection 521.367(3) of the CARs. As well, the new holder must make current ICAs as outlined in section 521.368 of the CARs, available to the owners of the aeronautical product. References to out-dated ICAs are not acceptable. (3) MMELs shall be reviewed and revised by Aircraft Certification Flight Test Division in National Aircraft Certification, as necessary. 5.14 S upplemental Integrity Ins tructions In the case of a transfer of a TC from a Canadian or Foreign holder to a Canadian applicant, the requirements for Supplemental Integrity Instructions (SIIs), as outlined in section 521.369 of the CARs, must also be met. A similar transfer of an STC may also have implications with respect to SIIs. If an STC is incorporated at, near, or on a site that is the subject of, or included in, an SII, the following must be considered: 2009-12-22 11 of 16 SI 500-018 Issue 02
A different form of inspection may be warranted; A different inspection interval may be required; or An inspection may be introduced or eliminated. 5.15 Fees and Cost R ecovery Charges for the issue or re-issue of design approval documents to applicants will be applied in accordance with subpart 104 of the CARs. In addition, the incremental costs incurred in the process will be recovered in accordance with section 104.04 of the CAR, or Civil Aviation Directive No. 3, as appropriate. 5.16 Informing IC AO Contracting S tates of Design Approval Document Transfers To fulfil the ICAO continuing airworthiness requirements, the point of contact identified in section 5.2, shall send information regarding design approval document transfers to the Aircraft Certification Standards Division of the Standards Branch, and the Continuing Airworthiness Division of National Aircraft Certification. The Aircraft Certification Standards Division shall formally inform ICAO and all known States of Registry in writing, and the Continuing Airworthiness Division will ensure that databases affecting airworthiness directives are updated. The notification must contain the following information: (g) (h) Legal and trade names and address of the previous holder; Former State of Design; Legal and trade names and address of the new holder; New State of Design; List of design approval documents that have been transferred, including: (i) (ii) (iii) (iv) Model designation; Manufacturer; TCCA design approval document number and issue date; and Foreign state TC number and date. TCCA contact information, including name, address and fax number; Effective date of transfer; and List of countries where the product is on that State s registry. 5.17 Coordinating the (re)-is sue of the Canadian and Foreign Des ign approval documents (1) In the case of a transfer from a Canadian holder to a foreign applicant, the Canadian design approval document must be suspended at the same time as the foreign state issues a new design approval document, and assumes the responsibilities as State of Design. TCCA will then reissue a Canadian design approval document based on familiarisation of the foreign design approval document. Responsibility for the type design and its continuing airworthiness however, would be transferred to the foreign airworthiness authority. (2) Coordination of the (re)-issue of the Canadian and foreign design approval documents would also be necessary in the case of a transfer from a foreign holder to a Canadian applicant. (3) The fact that TCCA reissued a design approval document must be noted appropriately on the TCDS or the Continuation sheet, as necessary. The reissued Canadian design approval document will reference the foreign approval that is the basis for the Canadian approval, and the documents approved by the foreign authority (unless a Canada-specific document is required to address Canadian additional technical requirements). 2009-12-22 12 of 16 SI 500-018 Issue 02
6.0 CONTACT OFFICE For more information, please contact the: Manager, Policies and Procedures (AARTC) Phone: 613-990-3923 Facsimile: 613-952-3298 E-mail: martin.thieringer@tc.gc.ca Suggestions for amendment to this document are invited, and should be submitted via the Transport Canada Civil Aviation Issues Reporting System (CAIRS) at the following Internet address: http://www.tc.gc.ca/civilaviation/managementservices/qa/cairs.htm or by e-mail at: CAIRS_NCR@tc.gc.ca <<Original Signed by D.B. Sherritt>> D.B. Sherritt Director, Standards Civil Aviation 2009-12-22 13 of 16 SI 500-018 Issue 02
APPENDIX A TR ANSFER A DESIGN APPROVAL DOCUMENT FROM A HOLDE R IN CANADA TO AN APPLICANT IN CANADA To transfer a design approval document from a holder in Canada to an applicant in Canada: Has the holder notified TCCA in writing, of his intent to transfer the design approval document? Is all relevant documentation in English or French? Have the requirements of subsection 521.357(1) of the CARS been met? Does the application include o the legal and trade names and address of the applicant? o points of contact within the applicant s organization? o changes to approved publication numbering and nomenclature, or any other changes affecting the content of the TCDS? o the Service Bulletin announcing the change in holder? Has a Transfer Plan been drafted? Does the data package include: o detailed design description and associated drawings? o certification basis? o certification plans and associated reports? o all manuals required for ICAs? o Structural and Component Repair Manuals? o Details of service difficulties and their resolutions? o Details of ADs and mandatory SBs? o Installation instructions? o AFM and AFMS? o MMEL? o Production process or inspection documents? o List of initial sales or distributions? Has the TCDS or Continuation Sheet been updated? Has NAPA been updated? Have all manuals been updated? o AFM or AFMS o ICA documents o MMEL o Does TCCA have sufficient manuals? Have the SII requirements of section 521.369 of the CARs been met? Have the appropriate fees been paid? Have the Aircraft Certification Regulatory Standards Division and the Continuing Airworthiness Division been notified? Has the new design approval document been issued? YES NO N/A Completed by (name) Date 2009-12-22 14 of 16 SI 500-018 Issue 02
APPENDIX B TR ANSFER A DESIGN APPROVAL DOCUMENT FROM A FOREIGN HOLDER TO A CANADIAN APPLICANT To transfer a design approval document from a holder in a Foreign Country to an applicant in Canada: Has the applicant notified TCCA, in writing, of his intent to transfer the design approval document? Has the foreign authority notified TCCA, in writing, of the intent to transfer the State of Design responsibilities? Is all relevant documentation in English or French? Is there a bilateral agreement or other technical arrangement in place between Canada and the foreign country? Have the requirements of subsection 521.357(1) of the CARs been met? Has a Transfer Plan been drafted? Does the application include o the legal and trade names and address of the applicant? o points of contact within the applicant s organization? o changes to approved publication numbering and nomenclature, or any other changes affecting the content of the TCDS? o the Service Bulletin announcing the change in holder? YES NO N/A Has the type design been completed? Has the Canadian certification basis been established? Does the data package include: o detailed design description and associated drawings? o certification basis? o certification plan and associated reports? o all manuals required for ICAs? o Structural and Component Repair Manuals? o Details of service difficulties and their resolutions? o Details of ADs and mandatory SBs? o Installation instructions? o AFM and AFMS? o MMEL? o Production process or inspection documents? o List of initial sales or distributions? Has the TCDS or Continuation Sheet been updated? Has NAPA been updated? Have all manuals been updated? o AFM or AFMS o ICA documents o MMEL o Does TCCA have sufficient manuals? Have the SII requirements of section 521.369 of the CARs been met? Have the appropriate fees been paid? Have the Aircraft Certification Regulatory Standards Division and the Continuing Airworthiness Division been notified? Has the design approval document been issued? Completed by (name) Date 2009-12-22 15 of 16 SI 500-018 Issue 02
APPENDIX C TR ANSFER A DESIGN APPROVAL DOCUMENT FROM A CANADIAN HOLDER TO A FOR E IGN APPLIC ANT To transfer a design approval document from a holder in Canada to an applicant in a foreign country: Has the holder notified TCCA, in writing, of his intent to transfer the design approval document? Has the foreign authority been notified by TCCA, in writing, of the intent to transfer the State of Design responsibilities? Is all relevant documentation in English or French? Has the holder provided relevant information in the language of the foreign state? Is there an airworthiness agreement or similar arrangement in place between TCCA and the foreign state? Has a Transfer Plan been drafted? Does the data package include: o detailed design description and associated drawings? o certification basis? o certification plans and associated reports? o all manuals required for ICAs? o Structural and Component Repair Manuals? o Details of service difficulties and their resolutions? o Details of ADs and mandatory SBs? o Installation instructions? o AFM and AFMS? o MMEL? o Production process or inspection documents? Has the TCDS or Continuation Sheet been updated? Has NAPA been updated? Does TCCA have sufficient manuals? Have the SII requirements of section 521.369 of the CARs been met? Have the Aircraft Certification Regulatory Standards Division and the Continuing Airworthiness Division been notified? Has the new design approval document been issued in the foreign country and has the existing design approval document been reissued? YES NO N/A Completed by (name) Date 2009-12-22 16 of 16 SI 500-018 Issue 02