MSI 14 - Flight Authority

Subject: / Number: / MSI 14
Flight Authority / Revision No: / 1
Number of Pages: / 16
File No:AARP-5009-3-14 / Issue Date: / August 26, 2004

Table Of Contents

1. Purpose...... 2

2. Background...... Error! Bookmark not defined.

3. References...... 2

4. Authority to Issue...... 2

5. Flight Authorities...... 2

6. Operating Conditions...... 3

7. Official Languages...... 3

8. Signature of Issuing Officer...... 3

9. Date of Issue...... 3

10. Aircraft Identification...... 3

11. Distribution...... 4

12. Replacement...... 4

13. Release of Information...... 4

14. Application for Flight Authority...... 4

15. Fees...... 5

16. Application for Initial Special C of A for Amateur Built Aircraft - Form 24-0079...... 5

17. Certificate of Airworthiness - Form 24-0073...... 6

18. Verification of Noise Compliance...... 6

19. Special Certificate of Airworthiness - Form 24-0074...... 7

20. Flight Permit - Form 24-0072...... 8

21. Operating Conditions - Form 24-0090......

22. Multipurpose Flight Authority - Form 24-0075......

23. Validation of Foreign Special Flight Authorities......

24. Authorizations for Overflight and Technical Stops in Canadian Airspace...... 14

25. Effective Date......

26. HQ Contact......

Appendices

A. Declaration of Lost / Destroyed Flight Authority Document...... 16

1.PURPOSE

1.1This instruction outlines the procedures for the issuance or Validation of Flight Authorities and Authorizations for Overflight and Technical Stops in Canadian Airspace.

2.BACKGROUND

2.1Canadian Aviation Regulation (CAR) 605.01, states “…(1) This Subpart applies to (a) persons operating Canadian aircraft other than ultra-light aeroplanes or hang gliders…”

2.2Article 31 of the Convention on International Civil Aviation, to which Canada is a signatory, requires every aircraft engaged in international navigation to be provided with a Certificate of Airworthiness issued or rendered valid by the state in which the aircraft is registered.

2.3CAR 507 provides the basis for the issuance of Certificates of Airworthiness, Special Certificate of Airworthiness and Flight Permits. CAR 507.09 states: “Where an aircraft does not meet the requirements for the issue of a flight authority that conforms to Article 31 of the Convention, the Minister shall make the flight authority subject to operating conditions where the conditions are required to ensure the safety of the aircraft, other aircraft, persons, animals or property”.

2.4The Certificate of Airworthiness for Canadian aircraft now includes provisions to indicate if the aircraft is in compliance with applicable noise emission standards and their designation when applicable in accordance with Annex 16 to the Convention on International Civil Aviation.

3.REFERENCES

3.1CAR 104 & CAR 500CAR 507 & STD 507CAR 516 & STD 516CAR 571 & STD 571CAR 605 & STD 625Aircraft Certification Staff Instruction (ACSI) 22 - Approval Procedures Domestic Design Changes and Aircraft Certification Staff Instruction (ACSI) 43 - Regional Flight Test Procedures

4.AUTHORITY TO ISSUE

4.1Section 4.3(1) of the Aeronautics Act provides for the delegation of the Minister's powers. The persons eligible for such delegation include Civil Aviation Safety Inspectors - Aircraft Maintenance and Manufacturing (CASI), as well as delegated persons outside of Transport Canada, Ministers Delegate-Maintenance (MD-M), Ministers Delegate Production (MD-P) and Ministers Delegate –Recreational Aviation MD-RA). The term "issuing officer" includes all persons who have received an applicable delegation of authority.

4.2Responsibility for the issuance of Certificates of Airworthiness, Special Certificates of Airworthiness, Flight Permits and validation of foreign flight authorities, rests with: the Director and Regional Managers of the Aircraft Maintenance and Manufacturing Branch and authorized CASIs.

5.FLIGHT AUTHORITIES

5.1The following aviation documents may be issued on behalf of the Minister:

(a)Certificate of Airworthiness (Form 24-0073)

(b)Special Certificate of Airworthiness (Form 24-0074)

(c)Flight Permit (Form 24-0072) (for aircraft being manufactured, letter format)

(d)Validation of Foreign Special Flight Authority (by letter format)

(e)Over flight and Technical Stop Authorization (include in the Validation of Foreign Special Flight Authority)

5.2Multipurpose Flight Authority (Form 24-0075) can be used as a temporary document. Reference paragraph22 of this MSI for additional guidance.

5.3Certificates of Airworthiness and Special Certificates of Airworthiness shall not be issued in respect of aircraft registered in countries other than Canada.

5.4Flight Permits (except when issued to validate a foreign special flight authority) shall not be issued in respect of aircraft registered in a country other than Canada, without the express authorization of the Director, Aircraft Maintenance & Manufacturing.

5.5Subject to compliance with the requirements specified in STD 507 and STD 571, Certificates of Airworthiness (24-0073) and Special Certificates of Airworthiness (24-0074) remain valid indefinitely. Flight Permits (240072) and Multipurpose Flight Authorities (24-0075) are valid for the period indicated on the documents, which shall not exceed 365 days from the date of issue.

6.Operating Conditions

6.1Operating Conditions are the special compulsory conditions that apply to the operation of an aircraft, when a Special Certificate of Airworthiness, a Flight Permit or validation of a foreign flight authority is issued. Operating conditions are set out in the document (STD 507 refers) and may include:

(a)conditions applicable to crew qualifications, geographic operating restrictions, description of flights or number thereof, validity of the authority, certificate display requirements, required placards etc.;

(b)operating limitations imposed by virtue of the aircraft design, weight limits, airspeeds and flight envelope parameters, etc.

7.Official Languages

7.1All flight authority documents are printed in bilingual format. The information entered on the documents must be in either English or French, as requested by the applicant.

8.Signature of Issuing Officer

8.1The original and all copies of each Certificate of Airworthiness, Special Certificate of Airworthiness and Flight Permit shall have the name of the issuing officer typewritten or printed on the document, in addition to his signature. Forms 240072, 240073 and 240074 shall bear the Transport Canada seal overlapping the signature of the issuing officer. Multipurpose Flight Authority form 240075 shall include the issuing officer’s name, hand printed below his signature, and the issuing officer’s personal Transport Canada stamp imprint overlapping the signature. All signatures shall be made using permanent ink.

9.Date of Issue

9.1The date of issue appearing on a flight authority is the date the authority takes effect. Where a temporary document was issued (form 24-0075), the permanent document shall carry the current issue date with the statement typed across the top border: "Replaces document issued {ORIGINAL ISSUE DATE}" or “Remplace le document délivré le {DATE DE DÉLIVRANCE ORIGINALE}”.

9.2The date shall be entered using either the bilingual format, e.g. 15 January/janvier 2004 or the international date format, e.g. 20040115, year (four digits), month (two digits), and day (two digits). Abbreviations are not acceptable.

10.Aircraft Identification

10.1Each flight authority shall clearly identify the applicable aircraft by the complete manufacturer’s name, model designation and serial number, as it appears on the aircraft identification plate. Where an aircraft has been modified and has had an additional identification plate installed, the information contained on the second identification plate shall be used along with the name of the manufacturer from the original identification plate to confirm model evolution. For example, as it would appear for a helicopter: Manufacturer name from original identification plate, along with model evolution from second identification plate: Aerospatiale, Model: AS350B converted AS350BA. If there are multiple modifications, all model evolutions are to be included, i.e.: Aerospatiale AS350B converted AS350BA converted AS350B2.

10.2Where the Certificate of Registration and the aircraft identification plate differ, the information on the aircraft data plate shall be used. In such cases, the Aircraft Registration Regional Office should be notified of the differences.

Information Note:For current policy and interpretation of the manufacturer’s legally incorporated name and aircraft model designation, contact AARP in Ottawa.

11.Distribution

11.1Certificates of Airworthiness, Special Certificates of Airworthiness or Flight Permits must be prepared in duplicate. The first (original) is to be forwarded to the registered owner of the aircraft. A copy of the original is to be scanned into the (5008-XXXX) aircraft file in RDIMS. Aircraft files are National files and are identified by using the last four letters of the aircraft registration mark. For example: an aircraft with registration mark C-FABC, the file # is 5008-FABC. The paper used to print the original flight authority from an electronic template must be the same special paper used to print the certification of registration (CofR). For information regarding the supply of this special paper, please contact AARRC in Ottawa.

11.2When a Flight Authority (24-0075) is issued, the original (copy 1) is to be forwarded to the owner or operator of the aircraft and the second (copy 2 or yellow) is to be scanned into the (5008-XXXX) aircraft file in RDIMS.

11.3A facsimile (fax) of a Flight Permit (24-0072) or a validation of a foreign flight authorization constitutes evidence of the issue of a valid Canadian aviation document. When the operator requests the flight authority to be provided by fax, the issuing officer must ensure that the original hard copy is also sent to the aircraft owner or operator, by registered mail, as soon as practicable.

12.Replacement

12.1A replacement Certificate of Airworthiness, Special Certificate of Airworthiness or Flight Permit will be issued when the owner or operator of the aircraft declares that the document is lost, destroyed or requires amendment. The replacement document shall carry the current issue date with the statement typed across the top border: "Replaces document issued {ORIGINAL ISSUE DATE}" or “Remplace le document délivré le {DATE DE DÉLIVRANCE ORIGINALE}”. When using the 24-0075 forms from a remote site, it will be necessary to obtain the issue date of the original document from the regional file. This may be accomplished by phone, fax or email.

Information Note: The new certificate with the current date of issue, noting on it that it is a replacement for the earlier certificate issued to the same aircraft, provides traceability to the time period when airworthiness requirements were examined by the original issuing officer. The original issuing officer remains responsible for the aircraft’s conformity to Airworthiness requirements and the person issuing the replacement document is responsible only for the administrative replacement of the document.

12.2When reissuing a Certificate of Airworthiness, Special Certificate of Airworthiness or Flight Permit that has been lost or destroyed, the registered owner or operator of the aircraft shall make a declaration as shown in Appendix A and pay the applicable fee prescribed in CAR 104.

13.Release of Information

13.1Information submitted by an applicant for the issue of a flight authority is classified as “Protected”. Release of any information from Transport Canada aircraft files is subject to Access to Information Act and Privacy Act guidelines.

14.Application for Flight Authority

14.1Application forms 240043 (Application for Certificate of Airworthiness), 24-0079 (Initial Application for a Special Certificate of Airworthiness for Amateur Built Aircraft) and 240044 (Application for Flight Permit), originals shall be scanned into the (5008-XXXX) aircraft file in RDIMS. Aircraft files are National files and are identified by using the last four letters of the aircraft registration mark. For example: an aircraft with registration mark C-FABC, the file # is 5008-FABC.

15.Fees

15.1Fees are collected in accordance with CAR 104. Current flight authority fees are contained in CAR 104 Schedule VI. Fees shall be collected with the completed application form for the Certificate of Airworthiness, Special Certificate of Airworthiness, Flight Permit, or validation. If the flight authority requested is to be issued in conjunction with the import of the aircraft, the fee will be collected with the application for the flight authority.

Information Note: Where a temporary document (Form 240075) and a permanent document (Form 240072, 240073, or 240074) are issued for the same aircraft, the prescribed fee shall only be collected once.

16.Application for Initial Special C of A for Amateur Built aircraft - form 24-0079

16.1Application for initial Special Certificate of Airworthiness for Amateur Built Aircraft is to be completed as follows:

(a)Block 1Enter the nationality and registration marks, which shall be the same as shown on the Certificate of Registration or the mark issuance letter issued by the regional aircraft registration staff to the applicant.

(b)Blocks 2 & 3Enter the aircraft manufacturer, model and serial number as stated on the aircraft identification plate, which shall be the same as shown on the Certificate of Registration or the mark issuance letter issued by the regional aircraft registration staff to the applicant.

(c)Block 4 Enter an "X" in the appropriate block to indicate if the builder modified the design. If yes, attach details of the modifications made.

(d)Block 5Enter the name and address of the person responsible for the design.

(e)Block 6Affix a 3/4-side view picture of the aircraft at least 51 mm X 76 mm (2" X 3") in the space provided.

(f)Block 7Enter the name and address of the builder of the aircraft.

(g)Block 8Enter the base of operation of the aircraft.

(h)Block 9Enter an "X" in the appropriate block representing the class of the aircraft.

(i)Block 10 & 11Enter the total number of seats and the total capacity of the fuel tanks.

(j)Blocks 12 - 13 - 14 & 15 respectivelyEnter whether or not the aircraft is equipped with flaps. Enter the gross wing area. Enter the flap area of one flap. Enter the flap deflection in degrees.

(k)Blocks 16 - 17 - 18 - 19 respectivelyEnter the maximum empty weight of the aircraft. Enter the actual empty weight. Enter the maximum permissible take off mass. Enter the maximum weight requested.

(l)Blocks 20 - 21 respectivelyEnter the maximum permissible load. Enter the maximum requested load.

(m)Blocks 22 - 23 respectivelyEnter the name of the engine manufacturer and engine model number.

(n)Blocks 24 - 25 respectivelyEnter the minimum rated engine power. Enter the actual estimated engine power.

(o)Blocks 26 - 27 respectivelyEnter the name of the propeller or main rotor manufacturer. Enter the model number of the propeller or rotor.

(p)Block 28 - 29 respectivelyList all amateur-built parts and all prefabricated parts obtained from other sources.

(q)The owner of the aircraft must sign the form in the space provided signifying that the information is correct and that the aircraft complies with the requirements of Chapter 549 of the Airworthiness Manual.

16.2The aircraft must be inspected and the form signed to that effect by either a Transport Canada Civil Aviation Safety Inspector - Aircraft Maintenance and Manufacturing (CASI) or a Minister’s Delegate - Recreational Aviation (MD-RA).

17.CERTIFICATE OF AIRWORTHINESS - form 24-0073

17.1Following receipt of a properly completed application made in accordance with the applicable sections of CAR 507, a CertificateofAirworthiness shall be issued for an aircraft that complies with all the applicable Airworthiness requirements.

17.2Form 24-0073 is to be completed as follows:

(a)Block 1Enter the nationality and registration marks as they are shown on the Certificate of Registration or the mark issuance letter issued by the regional aircraft registration staff to the applicant, i.e., C-F..., C-G... or CF-...

(b)Block 2 & 3Enter the aircraft manufacturer, model and serial number as shown on the aircraft identification plate, which shall be the same as shown on the Certificate of Registration or the mark issuance letter issued by the regional aircraft registration staff to the applicant.

(c)Block 4Enter the Type Certificate number that appears on the Type Certificate Data Sheet, and the Type Certificate category.

Example: “A -137, Transport”, for a Boeing 767 or “A – 211; Normal” for a Piper 32R. Where an aircraft is approved in more that one category, enter all categories, e.g., “ A - 199, Normal and Utility” for a Cessna 172R.

(d)Block 8For Canadian aircraft, certification of noise compliance is now included on Certificate of Airworthiness form 24-0073. An "X" placed in the appropriate box will indicate whether the aircraft either complies or does not need to comply with the noise emission standards. Annotate the Certificate of Airworthiness to indicate that either the aircraft is:

(i)in compliance with the applicable noise emission standards and what those standards are; or
(ii)not required to comply.

Information Note:

In the absence of applicable or required Canadian noise standards but applicable USA noise standards, it is a common practice to state FAR Part 36 compliance for acceptance of the aircraft in USA. By putting the USA Standard, it gives the ability to follow this requirement in the event the aircraft is sold to the USA.

18.Verification of Noise Compliance

18.1To determine if an aircraft does or does not need to meet noise emission standards, the following documents must be consulted:

(a)The aircraft’s Type Certificate and Type Certificate Data Sheet (TCDS);

(b)Supplemental Type Certificate(s) as applicable;

(c)Approved Flight Manual; and

(d)Approved Flight Manual Supplement.

18.2References for the noise requirements are; CAR 516.01, STD 516 subchapter A, CAR 602.150, ICAO Annex 16 Volume I chapters 2-3-4-5-6-8-10-11, and FAR 36.

18.3Prior to annotating the Certificate of Airworthiness, the issuing officer shall verify that the aircraft conforms to the configuration for which a noise certification statement was issued. In the case of an acoustical change (as defined in CAR 501.01) the aircraft would no longer comply with the configuration for which the original noise certification was issued. A noise certification statement is recorded in the Flight Manual or the Flight Manual Supplement. An acoustical change that causes a revision to designated noise standards would require a revision to the C of NC on the C of A.

18.4The aircraft Type Certificate Data sheets will state (under "basis of approval or certification") whether the aircraft type complies with either: Chapter 516 of the Airworthiness Manual, AWM 516, FAR 36, JAR 36 or ICAO Annex 16 but may not specify the applicable noise standards.

Information Notes:

(i) It is possible that earlier Canadian TCDS did not include the noise certification under “basis of approval or certification” as required in recently issued TCDS. Nevertheless, the noise emission standards do require the publication of the certified noise levels in the approved part of the Flight Manual.

(ii) ICAO Annex 16 Chapter 2 through 11 includes applicability exemption clauses. Exempt aircraft may include those designed exclusively for aerobatic, agricultural, fire fighting and external loads carrying purposes, and self-sustaining powered sailplanes. FAR 36 has different applicability exemption clauses.

(iii) When applicable, it is strongly recommended to state FAR 36 compliance when there is no Canadian applicable or required noise standards for later acceptance of the aircraft into the USA.

(iv) In the case where an aircraft whose noise emissions category has been modified by a Supplemental Type Certificate (STC), the new standard shall be so indicated.
(v) CAR 602.150 may apply to an aircraft with a maximum Takeoff Mass of 34000 Kg or more.

Examples of Noise Emission Standards for block 8:

FAR 36, Stage 3.

Annex 16, Chapter 3.

FAR 36, Appendix G .

Annex 16, Chapter 10