Staff Instruction

Subject: Transfer of Design Approval Documents to a New Holder

Issuing Office: Standards Document No.: SI 500-018
File Classification No.: Z 5000- 32 Issue No.: 03
RDIMS No.: 6673162-V18 Effective Date: 2022-05-13

TABLE OF CONTENTS
1.0 Introduction .................................................................................................................................... 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 Cancelled documents....................................................................................................................... 4
2.3 Definitions and abbreviations ........................................................................................................... 4
3.0 Background .................................................................................................................................... 4
4.0 Transfer scenarios ......................................................................................................................... 5
4.1 Transfers from a Canadian holder to a Canadian transferee .......................................................... 5
4.2 Transfer from a foreign holder to a Canadian transferee................................................................. 6
4.3 Transfer from a Canadian holder to a foreign transferee................................................................. 7
4.4 Transfer from a foreign holder to a foreign transferee, other than Canada ..................................... 7
5.0 Requirements for transfer ............................................................................................................. 8
5.1 Communication ................................................................................................................................ 8
5.2 Languages ....................................................................................................................................... 9
5.3 Obligations ....................................................................................................................................... 9
5.4 Involvement of other authorities ....................................................................................................... 9
5.5 Transfer plan .................................................................................................................................. 10
5.6 Review of transferee’s technical capability to hold a design approval document .......................... 10
5.7 Type design examination ............................................................................................................... 11
5.8 Certification basis ........................................................................................................................... 11
5.9 Substantiating data and reports ..................................................................................................... 12
5.10 Recording of the history of transfer of design approval documents .............................................. 12
5.11 NAPA entries .................................................................................................................................. 13
5.12 Manuals .......................................................................................................................................... 13
5.13 Supplemental integrity instructions ................................................................................................ 13
5.14 Charges and cost recovery ............................................................................................................ 13
5.15 Informing ICAO contracting states and Continuing Airworthiness Division of design approval
document transfers ........................................................................................................................ 13
5.16 Coordinating the (re)-issue of the Canadian and foreign design approval documents ................. 14
 Transfer of Design Approval Documents to a New Holder

5.17 Transfer of specific product type(s) from a design approval document to a new holder ............... 14
6.0 Transition of legacy design approval documents to those issued under Subpart 521 of the
CARs ............................................................................................................................................. 15
6.1 Table of legacy documents and the equivalent Subpart 521 documents ...................................... 15
7.0 Information management ............................................................................................................ 17
8.0 Document history......................................................................................................................... 17
9.0 Contact us..................................................................................................................................... 18
APPENDIX A — Transfer a Design Approval Document from a Holder in Canada to a Transferee in
Canada ....................................................................................................................................................... 19
APPENDIX B — Transfer a Design Approval Document from a Foreign Holder to a Canadian
Transferee .................................................................................................................................................. 20
APPENDIX C – Transfer a Design Approval Document from a Canadian Holder to a Foreign
Transferee .................................................................................................................................................. 21
APPENDIX D – Design Approval Document Transfer Application....................................................... 22

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1.0 Introduction

1.1 Purpose
(1) The purpose of this Staff Instruction (SI) is to provide procedural guidelines for the transfer of a
design approval document, in part or in full, and the associated responsibilities from the existing
design approval document holder to a new holder, referred to as the transferee in section
521.357 of the Canadian Aviation Regulations (CARs).
1.2 Applicability
(1) This document applies to all:
(a) Transport Canada Civil Aviation (TCCA) personnel;
(b) Ministerial delegates; and
(c) Design approval document holders and the transferee of the approval document.
(2) This information is also available to the aviation industry for information purposes.
1.3 Description of changes
(1) Issue 03 of this Staff Instruction incorporates changes to:
(a) Update the website address in section 5.1(3);
(b) Make other minor changes to the document content to clarify procedural requirements;
(c) Add a new section 6.0 to address the transition of legacy documents and subsequent re-
issuance of design approval documents when those documents are being transferred to a
new holder under Subpart 521 of the CARs;
(d) Add a new section 7.0 to address and record information management requirements as
required under the TCCA documentation framework; and
(e) In response to industry stakeholder feedback, add a new form for requesting transfer of a
design approval document shown in Appendix D.
(f) Allow aeronautical product types to be transferred from an existing design approval
document to a new design approval document when only some of the product types in an
existing design approval are transferred to a new holder.

2.0 References and requirements

2.1 Reference documents

(1) It is intended that the following reference materials be used in conjunction with this document:
(a) Aeronautics Act (R.S., 1985, c. A-2);
(b) Part I Subpart 4 of the Canadian Aviation Regulations (CARs) — Charges;
(c) Part V Subpart 21 of the CARs — Approval of the Type Design or a Change to the Type
Design of an Aeronautical Product;
(d) Civil Aviation Directive (CAD) No. 3 — Recovering the Incremental Costs of Providing
Services Inside/Outside Canada;
(e) Advisory Circular (AC) 500-016 — Establishing the Certification Basis of Changed
Aeronautical Products;
(f) AC 521-002 — Type Certification Requirements of Aircraft, Engines and Propellers;
(g) Transport Canada Publication (TP) 15362 — Canadian Aviation Regulation Advisory
Committee Manual of Procedures;
(h) TP 15363 — Canadian Aviation Regulation Advisory Committee Management Charter;

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(i) Transport Canada form number 26-0189 — Design Approval Document Transfer
Application;
(j) International Civil Aviation Organization (ICAO), International Standards, Annex 8, Part II,
Chapter 4 — Airworthiness Of Aircraft; and
2.2 Cancelled documents
(1) By default, it is understood that the publication of a new issue of a document automatically
renders any earlier issues of the same document null and void.
2.3 Definitions and abbreviations
(1) The following definitions and abbreviations are used in this document:
(a) Holder: the person/organization in whose name the design approval document is issued.
(b) National Aeronautical Product Approval (NAPA) System: a centralized database that
provides aircraft certification staff with the tools necessary to track and manage the
design approval related products across Canada and issue the design approval
documents. This system also provides a database of the projects, the associated design
approval documents and supporting data.
(c) State of design: as defined by ICAO Annex 8, means the contracting state having
jurisdiction over the organization responsible for the type design.
(d) State of registry: as defined by ICAO Annex 8, means the contracting state on whose
register the aircraft is entered.
(e) Transferee: the person/organization in whose name the design approval document will
be issued, once the transfer is successfully completed.

3.0 Background

(1) When TCCA issues a Canadian 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 the type design complies with the applicable Canadian
requirements.
(2) In accordance with section 521.357 of the CARs, a design approval document may be transferred
from the holder to a transferee. The transfer of a design approval document is required when the
holder transfers their design rights and privileges. The reason for the transfer of design rights is
usually a business or commercial decision (i.e. sale of design rights, relocation of design
organization, or transfer within a corporate organization following restructuring, acquisition or sale
of a corporate unit).
(3) TCCA will approve the transfer as set out in paragraph 521.357(1)(a) of the CARs, subject to the
transferee demonstrating that they can meet the requirements as set out in paragraph
521.357(1)(b) of the CARs. The transfer includes all the privileges and responsibilities of the
design approval document holder, including the responsibility to maintain the continuing
airworthiness of their aeronautical product. When a design approval document is transferred
from a Canadian holder to a foreign transferee (or the reverse), a change in the state of design
for the product will also occur.

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4.0 Transfer scenarios

(1) For purposes of this document, there are four possible scenarios where a design approval
document may be transferred:
(a) Transfer from a Canadian holder to a Canadian transferee;
(b) Transfer from a foreign holder to a Canadian transferee;
(c) Transfer from a Canadian holder to a foreign transferee; and
(d) Transfer from a foreign holder to a foreign transferee.
(2) Section 5.0 discusses the various requirements to be met, depending on the transfer scenario.
Each scenario has several requirements to be met for the transfer to occur. 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, with respect to transfer scenarios (a), (b) and (c) above.
(3) The holder of a Canadian design approval document must continue to fulfill the responsibilities
under Subpart 521 Division VIII of the CARs until such time as the transfer is complete and the
approval document has been re-issued in the name of the transferee.
(4) In the case of a Canadian transferee, TCCA must ensure the transferee’s ability to meet the
requirements of Division VIII of Subpart 521 of the CARs.
(5) TCCA will not accept the transfer of a partially completed design approval project from a foreign
applicant to a Canadian transferee. The transfer of a “work in progress”, which typically involves
compliance demonstrations that are only partially complete, is not feasible where it involves a
change in the responsible airworthiness authority.
(6) A new form number 26-0189 has been created for the holder and the transferee to use as a
replacement for the previous endorsement form that was sometimes printed on the back of the
design approval document. A copy of this form can be found in Appendix D of this SI and in the
forms catalogue on the TCCA website. While the use of this form is not mandated, the holder and
transferee will need to submit an application that contains the information on this form.
(7) Where the transfer of a design approval document is to be followed by design changes, TCCA
will treat the transfer of the existing type design and any subsequent changes as two separate
processes and will require that the transfer of the design be fully completed before any changes
to it are considered.
(8) Similarly, if the transfer involves a product that is out-of-production and is to be brought back into
production, TCCA will require that the transfer be completed before the return-to-production
project begins. TCCA notes that few out-of-production products can be returned to production in
their as-approved configuration due to factors such as component parts no longer being
available. The type design and the certification basis of the new production product will therefore
be reviewed in accordance with TCCA’s procedures for approval of a changed product.
(9) TCCA has also seen a need to support the ability for industry to transfer some of the product
types from an existing design approval document to a new holder while retaining other product
types on the existing design approval document under the existing holder. This necessitates a
new design approval document being raised to capture the specific product type(s) for which the
transferee will be responsible, while simultaneously removing the transferred product type(s) from
the existing design approval document. Specific guidelines have been developed to enable this
sort of transfer and are included in section 5.17.
4.1 Transfers from a Canadian holder to a Canadian transferee
(1) When a design approval document is transferred from a Canadian holder to a Canadian
transferee, TCCA’s state of design responsibilities remain unchanged and continue after the
transfer is completed. In this scenario, the following requirements for transfer must be addressed:

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Note: The appropriate sections of this SI are listed next to the requirement.
(a) Communication (section 5.1);
(b) Languages (section 5.2);
(c) Obligations (section 5.3);
(d) Transfer plan (section 5.5);
(e) Review of transferee’s technical capability to hold a design approval document (section
5.6);
(f) Substantiating data and reports (section 5.9);
(g) Recording of design approval document holder history (section 5.10);
(h) NAPA entries (section 5.11);
(i) Manuals (section 5.12);
(j) Supplemental integrity instructions (section 5.13);
(k) Charges and cost recovery (section 5.14);
(l) Informing ICAO contracting states of design approval document transfers (section 5.15);
and
(m) If applicable, Transfer of specific product type(s) from a design approval document to a
new holder (section 5.17).
4.2 Transfer from a foreign holder to a Canadian transferee
(1) When a design approval document is transferred from a foreign holder to a Canadian transferee,
the state of design responsibilities will transfer to Canada and TCCA. In this scenario, the
following requirements for transfer must be addressed:
(a) Communication (section 5.1);
(b) Languages (section 5.2);
(c) Obligations (section 5.3);
(d) Involvement of other Authorities (section 5.4);
(e) Transfer plan (section 5.5);
(f) Review of transferee’s technical capability to hold a design approval document (section
5.6);
(g) Type design examination (section 5.7);
(h) Certification basis (section 5.8);
(i) Substantiating data and reports (section 5.9);
(j) Recording of design approval document holder history (section 5.10);
(k) NAPA entries (section 5.11);
(l) Manuals (section 5.12);
(m) Supplemental integrity instructions (section 5.13);
(n) Charges and cost recovery (section 5.14);
(o) Informing ICAO contracting states of design approval document transfers (section 5.15);
(p) Coordinating the issue of the Canadian and foreign design approval documents once the
transfer is complete (section 5.16); and

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(q) If applicable, Transfer of specific product type(s) from a design approval document to a
new holder (section 5.17)
4.3 Transfer from a Canadian holder to a foreign transferee
(1) When a design approval document is transferred from a Canadian holder to a foreign transferee,
the state of design responsibilities assigned to Canada will be transferred as well. In this
scenario, the following requirements for transfer must be addressed:
(a) Communication (section 5.1);
(b) Languages (section 5.2);
(c) Obligations (section 5.3);
(d) Involvement of other authorities (section 5.4);
(e) Transfer plan (section 5.5);
(f) Recording of design approval document holder history (section 5.10);
(g) NAPA entries (section 5.11);
(h) Manuals (section 5.12);
(i) Supplemental integrity instructions (section 5.13);
(j) Charges and cost recovery (section 5.14);
(k) Informing ICAO of design approval document transfers (section 5.15);
(l) Coordinating the (re)-issue of the Canadian and foreign design approval documents
(section 5.16); and
(m) If applicable, Transfer of specific product type(s) from a design approval document to a
new holder (section 5.17).
(2) Note that Repair Design Approval (formerly called Repair Design Certificate) and Serialized STC
(an STC which is limited to one or a few serial numbers formerly called Limited Supplemental
Type Certificate) transfers will be handled in accordance with any bilateral agreement or similar
arrangement between the two countries. If there is no such agreement then the transfer of these
documents will be handled on a case-by-case basis depending on whether the foreign authority
has an equivalent document.
4.4 Transfer from a foreign holder to a foreign transferee, other than Canada
(1) Transfers from a foreign holder to another foreign transferee will affect the Canadian design
approval document that corresponds to 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 or of the foreign design approval document that was accepted under
Subpart 521 Division XI, Foreign Aeronautical Products. Depending on the circumstances and the
contracting states involved, it is possible that the re-issued Canadian design approval document
will need to be limited to those production articles that were originally eligible for importation and
operation in Canada. When a transfer is taking place from a foreign holder to a foreign transferee,
the following administrative requirements should be addressed:
(a) Languages (section 5.2);
(b) Recording of design approval document holder history (section 5.10);
(c) NAPA entries (section 5.11);
(d) Manuals (section 5.12);
(e) Coordinating the issue of the Canadian design approval documents with the state of
design, once the transfer is complete (section 5.16); and

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(f) If applicable, Transfer of specific product type(s) from a design approval document to a
new holder (section 5.17).

5.0 Requirements for transfer

5.1 Communication
(1) Efficient transfers are facilitated by clear and timely communication among all parties involved
(Authorities, the holder and the transferee). Early discussions are critical in assuring that a
comprehensive design approval document transfer plan is formulated and completed efficiently.
(2) Where a design approval document is being transferred in part or in full from a Canadian holder
to a Canadian transferee, the point of contact is:
(a) for the holder: the Project Management Division of the National Aircraft Certification
branch (AARDE) for transfer of a type certificate, or the TCCA regional certification office
that has jurisdiction over the holder for transfer of a design approval other than a type
certificate ; and
(b) for the transferee: the Project Management Division of the National Aircraft Certification
branch (AARDE) for transfer of a type certificate, or the TCCA regional certification office
which will be reviewing their technical capability (i.e. the region in which the transferee
resides).
(3) Where a design approval document is being transferred in part or in full between Canada and a
foreign state, 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 transferee or from a Canadian holder to a foreign transferee.
(a) Where there is no bilateral agreement or similar arrangement between the foreign state
and Canada, the point of contact is:
(i) the TCCA regional certification office that has jurisdiction over the holder or
transferee for transfer of a design approval other than a type certificate; or
(ii) the Project Management Division of the National Aircraft Certification branch
(AARDE) for transfer of a type certificate.
(b) Where there is a bilateral agreement between a foreign state and Canada, or a technical
arrangement between a foreign authority and TCCA, the points of contact are those
outlined in the agreement. The agreements may be found on the TCCA Internet website
at https://tc.canada.ca/en/aviation/aircraft-airworthiness/international-agreements-
arrangements.
(4) In all cases, TCCA shall require the transferee to notify all affected aircraft owners or operators of
the change of holder.
(5) The Continuing Airworthiness Division of the National Aircraft Certification branch (AARDG) must
be notified of the transfer either by the National Aircraft Certification branch headquarters or the
regional certification office overseeing the transfer, so that they are aware of the new holder.
(6) The following website contains contact information for various civil aviation services and regional
offices: https://tc.canada.ca/en/aviation/civil-aviation-contacts-offices civil aviation
communications
(7) Additional information on transfer of design approval documents between Canada and the U.S.
can be found in the Bilateral Aviation Safety Agreement.
(8) Information on transfer of design approval documents between Canada and the European Union
can be found in the Technical Implementation Procedures for Airworthiness and Environmental
Certification - Section IV – Administration of Design Approvals at the website noted in (5) above.
It should be noted that the European Union Aviation Safety Agency (EASA) fulfills the

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responsibilities of, and acts as, the state of design on behalf of the European Union member
states.
5.2 Languages
(1) TCCA will only accept and process documents in either or both of its official languages, English
or French. It is the responsibility of the transferee to translate documents that are in other
languages. A Canadian holder who wishes to transfer the design approval document to a foreign
transferee may be required to meet the language requirements of the foreign state.
5.3 Obligations
(1) Obligations of holders: A Canadian holder who wishes to transfer a design approval document
is required to notify TCCA in writing of their intent to transfer and provide the information required
in subsection 521.357(1) of the CARs. In the case of a foreign holder transferring to a Canadian
holder where there is a bilateral 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 foreign holder may contact TCCA directly.
(2) Obligations of transferees: A Canadian or foreign transferee who wishes to accept a transfer
should, in addition to meeting the requirements of subsection 521.357 of the CARs, provide the
following information:
(a) Full legal name and address of the transferee (a post office box or similar is not
acceptable; the holder’s legal physical address is required);
(b) Persons who will be points of contact within the transferee’s organization; and
(c) Changes to approved publication numbering and nomenclature, or any other changes
affecting the content of the design approval document(s).
5.4 Involvement of other authorities
(1) This section applies to transfers from a foreign holder to a Canadian transferee and a Canadian
holder to a foreign transferee. The existence of a bilateral agreement or technical arrangement
may facilitate the transfer of design approval documents between Canada and another state.
While the agreement or arrangement may not explicitly outline transfer protocols, it will help
facilitate the transfer because of:
(a) Canada’s knowledge of the other state; and
(b) The cooperation clause that forms part of all agreements or arrangements.
(2) Without such an agreement or arrangement, transfers may still occur but may require extensive
involvement from the airworthiness authorities of the two states. In either case, it is the
transferee’s responsibility to liaise between the two authorities as necessary. It is the prerogative
of the transferee’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
regulatory frameworks and type certification procedures. When transferring a design approval
document from a Canadian holder to a foreign transferee, the holder may be required to either
provide a familiarization or submit a complete data package to the foreign authority.
(3) A Canadian holder may transfer a design approval document to a foreign transferee, subject to
the approval of the foreign authority that has jurisdiction over the transferee. A foreign authority
may refuse to issue a design approval document even if the foreign transferee has already
received the design rights to the type design being transferred. Where a foreign authority refuses
to accept the state of design responsibilities, the intended transfer must be deemed unsuccessful
and the Canadian holder must continue to fulfill their responsibilities under Subpart 521 of the
CARs. In the case where the Canadian holder may no longer have intellectual property rights to
the type design, and the foreign transferee may not provide access or share design data needed
by the holder and TCCA to support the continuing airworthiness of the product, 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.

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5.5 Transfer plan

(1) The purpose of a transfer plan is to describe a process that could be used to successfully
complete the transfer of a design approval document, in part or in full, and its associated
responsibilities, either to a Canadian transferee, or from a Canadian holder. However, it could
also be used in a transfer from a Canadian holder to a Canadian transferee.
(2) In general, a transfer plan should be agreed to at the beginning of the process. It should be
tailored to the size and scope of the transfer and as a minimum should:
(a) Establish the responsibilities and points of contact for each authority or country, including
those of state of design. It must be noted that per ICAO Annex 8, the continuing
airworthiness responsibilities for the type design formally change on the date when the
new state of design issues its own design approval document;
(b) Establish the responsibilities and points of contact for the holder and the transferee;
(c) Address issues surrounding transfer of design data;
(d) Determine which design approval documents are affected;
(e) Assess and determine resources and project timelines;
(f) Establish the design transfer schedule;
(g) Establish how a request between two authorities for assistance in making additional
compliance findings on the other’s behalf will be accomplished;
(h) Establish how to enhance an authority’s understanding of a design;
(i) Document how procedural differences will be resolved, and how those resolutions will be
made visible;
(j) Document how continuing airworthiness will be transferred to the airworthiness authority
and transferee;
(k) Document how differences between the original certification basis and the one under
consideration may be minimized; and
(l) Document details about the manufacturing of parts (for example, production overlap)
related to the type design.
(3) The transferee should develop a detailed compliance checklist against the applicable subsections
of this SI and the applicable requirements of CAR 521 Division XI and this should form part of the
transfer plan in all cases.
5.6 Review of transferee’s technical capability to hold a design approval document
(1) This section applies to transfers from a Canadian holder to a Canadian transferee or from a
foreign holder to a Canadian transferee. In either case, Canada remains or becomes the state of
design.
(2) TCCA’s interest under subparagraph 521.357(1)(a)(v) is to establish that the Canadian transferee
has direct control over the type design of the aeronautical product such that both the holder and
Canada (through the Minister) are able to fulfill their continued airworthiness responsibilities
under Subpart 521 Division VIII, Responsibilities of a Design Approval Document Holder, and
under ICAO Annex 8. Note that a transfer of a design approval document does not confer transfer
of intellectual property rights of the type design, nor is the intent of subparagraph 521.357(1)(a)(v)
to approve such transfer. The transfer of intellectual property rights to a type design is a business
arrangement exclusively between the holder and transferee. If a Canadian transferee does not
have direct control over the type design, TCCA may deny the transfer.
(3) TCCA will also evaluate the transferee’s technical capability to support the products in service as
required by subparagraph 521.357(1)(b)(ii) and section 521.352 of the CARs. The transferee
shall have, or have access to, the technical capability:

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(a) To conduct design analyses and tests in order to develop the data required to maintain
the aeronautical product in an airworthy condition; and
(b) To carry out the responsibilities specified in Division VIII of Subpart 521 of the CARs.
(4) The objective of this evaluation is to establish that the transferee has demonstrated that they
have the necessary technical capabilities and competencies in the following areas to maintain the
continued airworthiness of their product’s design:
(a) Engineering abilities relevant to the product in the specialty areas including, but not
limited to, aircraft systems, structures, electrical and avionics, software, powerplants and
flight test;
(b) Service difficulty reporting collection and analysis; and
(c) Maintenance, publication and distribution of all Instructions for Continued Airworthiness
(ICA), such as maintenance and repair manuals, including service documents (e.g.
service bulletins)
(5) The transferee must also demonstrate that they have a record keeping system and a system for
reporting, investigating and analyzing service difficulties reported under Division VIII of Subpart
521 of the CARs and correcting when required by the Minister. The latter is necessary so that
Canada fulfills the continuing airworthiness responsibilities required under ICAO Annex 8, Part II,
Section 4.2.
(6) More information on technical capability can be found in AC 521-002.
5.7 Type design examination
(1) This section applies to transfer of a design approval from a foreign holder to a Canadian
transferee. TCCA will conduct a type design examination of the foreign aeronautical product
being transferred prior to issuing the equivalent Canadian design approval document per Division
XI of Subpart 521 of the CARs.
(2) The type design examination is part of the overall validation process used to determine if the
design of a foreign aeronautical product provides a level of safety equivalent to that specified in
Subpart 521 of the CARs. The validation procedures also enable TCCA to gain a more in-depth
understanding of the product’s characteristics, to assume the responsibilities as a regulatory
authority and to support the product’s continuing airworthiness as the new state of design. The
transferee will make all necessary design analyses, test reports and computations available for
review by TCCA.
(3) If the type design was previously validated or accepted by TCCA, a second type design
examination is necessary to establish that the type design of the product still complies with the
Canadian certification basis. This will verify that the original type design examination is still valid,
to highlight any differences and to focus on details where it is different from the original type
design.
5.8 Certification basis
(1) This section applies only when a design approval is being transferred from a foreign holder to a
Canadian transferee and the design was not previously approved in Canada.
(2) The certification basis established by the state of design during the original certification must be
reviewed in order to establish a Canadian certification basis. There are several factors to
consider:
(a) The applicable Canadian standards of airworthiness that were in force on the date of
original application to the state of design for a design approval document, or equivalent
document;
(b) Special conditions of airworthiness that were issued due to the product having novel or
unusual design features;
(c) Aircraft emission standards that were applied by the state of design;

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(d) Exemptions that were granted; and

(e) Findings of equivalent level of safety.
(3) Differences between the foreign and Canadian airworthiness and environmental standards and in
the interpretation of those standards must be resolved in order to establish an appropriate
Canadian certification basis for the transfer.
5.9 Substantiating data and reports
(1) This section applies to a transfer from a Canadian holder to a Canadian transferee and from a
foreign holder to a Canadian transferee. The transferee shall ensure that it receives from the
holder the type design documentation necessary to define the type design being transferred
including substantiating data and reports that supported the issuance of the design approval
document. Data and reports must be sufficiently detailed to provide proper understanding of the
design. A compliance checklist or other suitable means may be used to ensure this is completed.
The data package should be complete and made available for TCCA review. Specifically,
documentation that should be part of the data package includes, but is not limited to:
(a) Detailed design description and associated drawings;
(b) Decision record leading to the established certification basis;
(c) Certification records and associated reports;
(d) All publications that constitute the ICA;
(e) Structural and component repair manuals;
(f) Details of all service difficulties and measures taken to correct them;
(g) Installation instructions;
(h) Aircraft flight manual (AFM) and supplements (AFMS);
(i) Master minimum equipment lists (MMELs);
(j) Production process or inspection documents; and
(k) Details of initial sale or distribution of the design or design change.
5.10 Recording of the history of transfer of design approval documents
(1) It is essential that the history of design approval document transfers be clear on the design
approval document or supporting documentation in order to resolve issues of eligibility. A clear
history of the holders of the document is required, especially in the case of products that are still
in production and may show up with different manufacturers. Information that must be included in
the summary include:
(a) The effective date of change of the holder;
(b) The name and address of the previous holder;
(c) The name and address of the new holder;
(d) Both the previous and new states of design (where a change occurs);
(e) The model(s) of the aeronautical product along with any pertinent serial numbers affected
by the change in holder; and
(f) Any other information deemed appropriate.
(2) 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 (Foreign Authority) to (new holder) and Transport Canada.
Information on this Type Certificate Data Sheet at Issue (number) has been obtained
from (Foreign Authority) Type Certificate (TC number) at Revision (revision number).”

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(3) The second example is when the name of a holder is changed:

“Effective (date), the name of the holder was changed from (old company name) to
(new company name). The following serial numbers are manufactured under the name
(new company name).”
5.11 NAPA entries
(1) The same summary of details regarding the design approval document transfer that is recorded
on the design approval document shall be recorded in NAPA. The transferee’s design approval
document will be re-issued at the next revision number. See section 7.0 for details on information
management.
(2) In the case where only some of the product types need to be transferred from an existing design
approval document to a new holder, the development of a new design approval document follows
TCCA internal procedures and the applicable limitations and certification basis for the transferred
product(s) must be carefully transferred to the new design approval entries.
5.12 Manuals
(1) The relevant manuals 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. These procedures are part of
the new holder’s demonstration of technical capability to acquire the type design.
(2) In accordance with the requirements of subsection 521.367(3) of the CARs, the new holder of a
design approval document must provide manuals at no cost to TCCA. As well, the new holder
must make current ICA available to persons outlined in section 521.368 of the CARs. References
to outdated ICA are not acceptable.
(3) MMELs must be reviewed and revised by the Flight Test Division of the National Aircraft
Certification branch (AARDC), as necessary.
5.13 Supplemental integrity instructions
(1) For commuter category aeroplanes operated under Subpart 4 of Part VII and transport category
aeroplanes operated under Subpart 4 or 5 of Part VII of the CARs, in the case of a transfer of a
type certificate from a Canadian or foreign holder to a Canadian transferee, the requirements for
supplemental integrity instructions (SIIs), as outlined in section 521.369 of the CARs, must also
be met.
5.14 Charges and cost recovery
(1) Charges for the issue or re-issue of design approval documents will be applied in accordance
with Subpart 104 of the CARs. In addition, the incremental costs incurred in the process may be
recovered in accordance with section 104.04 of the CARs, and Civil Aviation Directive No. 3, as
appropriate.
5.15 Informing ICAO contracting states and Continuing Airworthiness Division of design
approval document transfers
(1) Whether a transfer involves a Canadian transferee from a Canadian holder or foreign holder or
the transfer is from a Canadian holder to a foreign transferee, the point of contact identified in
section 5.1 of this SI will send information regarding design approval document transfers to
Program Integration and Safety Publications Division of the National Aircraft Certification branch
(AARDA) and the Continuing Airworthiness Division of the National Aircraft Certification branch
(AARDG).
(2) The Program Integration and Safety Publications Division will formally notify ICAO contracting
states of the transfer details. The notification must contain the following information:
(a) Legal name and address of the previous holder;

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(b) Former state of design (if applicable);

(c) Legal name and address of the new holder;
(d) New state of design (if applicable);
(e) List of design approval documents that have been affected by the transfer, including the
following information as a minimum:
(i) Model designation(s);
(ii) Manufacturer if different from the holder;
(iii) TCCA design approval document number(s) and issue date(s); and
(iv) Foreign state design approval document number(s) and issue date(s) (if
applicable).
(f) TCCA contact information, including name, address and fax number/e-mail address;
(g) Effective date of transfer; and
(h) Notification to all contracting states.
(3) The Continuing Airworthiness Division will ensure that databases affecting airworthiness
directives are updated.
5.16 Coordinating the (re)-issue of the Canadian and foreign design approval documents
(1) In the case of a transfer from a Canadian holder to a foreign transferee, the Canadian design
approval document would be re-issued after the foreign state issues a new design approval
document, and assumes the responsibilities as state of design. TCCA would note the reason for
the re-issue on the document as necessary. Responsibility for the type design and its continuing
airworthiness would be transferred to the foreign design approval document holder. TCCA will
require the transferee to notify all affected aircraft owners or operators of the change of holder.
(2) In the case of a transfer from a foreign holder to a Canadian holder, the foreign design approval
document would be re-issued after TCCA issues a new design approval document and assumes
the responsibilities as the state of design. Responsibilities for the type design and its continuing
airworthiness will transfer to the Canadian holder on the date of issuance of the design approval
document holder.
5.17 Transfer of specific product type(s) from a design approval document to a new holder
(1) In cases where only some of the product types are transferred from an existing design approval
document to a new holder, the holder and transferee will identify the need for a new design
approval document to be raised during the application process. The applicable limitations and
certification basis for the transferred product must be carefully transferred to the new design
approval document. A re-showing of compliance of the product against the applicable standards,
or to the latest standards, is not required since the product type to be transferred has already
been certified.
(2) To clarify, the purpose of this procedure is not to duplicate a design approval document and allow
proliferation of holders for specific model(s) but rather to separate and transfer previously
approved models. As such, the original design approval document must also be amended with
the removal of the transferred product type(s) from that document and any limitations and
certification basis standards that were only applicable to the product type. Details of the new
holder for the product type(s) are added to the Canadian design approval document in
accordance with section 5.10 of this SI. If a Canadian design approval document already exists, it
is updated with the next revision number to indicate that a significant change has occurred in
accordance with section 5.11 of this SI.
(3) The new holder must meet all of the applicable requirements of the CARs as described in this SI.

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6.0 Transition of legacy design approval documents to those issued under Subpart 521 of the
CARs

(1) Certain legacy design approval documents issued under the former Air Regulations and Subparts
511 and 513 of the CARs were discontinued for future issuance and can be replaced by new
documents in accordance with Subpart 521. Subpart 521 maintains the validity of these legacy
types of design approval documents until these documents require amendment and re-issuance.
(2) Some reasons that could require an amendment and re-issuance of a legacy design approval
document include:
(a) The transfer of the design approval to a new holder;
(b) A change of the design approval document holder’s address; or
(c) An update to the supporting data on the TCDS or equivalent document.
(3) When an amendment to a legacy design approval document is necessary, the Minister will not re-
issue an amended legacy document, but rather issue one of the following equivalent documents
under the respective Division of Subpart 521 of the CARs:
(a) Type certificate – Division II;
(b) Canadian Technical Standard Order design approval – Division III;
(c) Supplemental type certificate – Division V;
(d) Repair design approval – Division VI; and
(e) Part design approval – Division VII.
(4) The table in 6.1 shows the legacy design approval documents and the corresponding/equivalent
document that can be issued under Subpart 521 of the CARs.
6.1 Table of legacy documents and the equivalent Subpart 521 documents
(1) The following table lists legacy design approval documents issued under the different regulations
and the corresponding equivalent document that can be issued under Subpart 521 of the CARs.
Note: The definitions for the design approval documents can be found in subsection 101.01 and 521.01
of the CARs.

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Air Regulations Subpart 511/513 Subpart 521

(prior to October 10, 1996) (on or after October 10, 1996 (on or after December 01,
but prior to December 01, 2009)
2009)

Type Approval (TA) Type Certificate (TC) Type Certificate (TC)

Supplemental Type Approval Supplemental Type Certificate Supplemental Type

(STA) (STC) Certificate (STC)

Limited Supplemental Type Limited Supplemental Type Supplemental Type

Approval (LSTA) Certificate (LSTC) Certificate (STC)

Type Approval (Appliance) Type Certificate (Appliance) Canadian Technical

(APTC) Standard Order Design
Approval (CAN-TSODA)
(Where no Special
Conditions-Airworthiness
exist – see note below)

Type Approval (Appliance) Type Certificate (Appliance) Supplemental Type

(APTC) Certificate (STC)
(Where a Special Conditions-
Airworthiness does exist –
see note below)

Repair Design Approval Repair Design Certificate Repair Design Approval

(RDA) (RDC) (RDA)

None Part Design Approval (PDA) Part Design Approval (PDA)

(Under Policy Letter 513-010)

Note: An appliance type certificate (APTC) can no longer be issued under Subpart 521 of the CARs.
Existing APTCs may be re-issued as CAN-TSO design approvals, provided that the underlying
CAN-TSO standards are listed in Airworthiness Manual 537.103. APTCs issued with special
conditions airworthiness in their certification basis cannot be transferred to a CAN-TSO design
approval. In this case, the options are:
(a) To certify the product as part of an installation via an STC;
(b) To certify the product as part of the type certificate; or
(c) In the absence of a CAN-TSO, petition Canadian Aviation Regulatory Advisory Committee
(CARAC) for the creation of a new CAN-TSO design standard.
In any of the above scenarios, charges for the issue or re-issue of a design approval document
will be incurred per section 5.14 of this SI.

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7.0 Information management

(1) A project is to be opened in NAPA for the document transfer and it should either contain the
documentation supporting the project or identify where the documentation can be found (e.g.
RDIMS).
(2) In accordance with section 521.357 of the CARs the holder must supply the following documents
to the Minister:
(a) Their notification to the Minister of the intention to transfer the design approval
document(s), in part or in full;
(b) The legal name, address and telephone number of the transferee; and
(c) The number of the applicable design approval document(s), the legal name of the design
approval document holder and the model designation(s) of the aeronautical product(s)
that is the subject of the transfer.
(3) In addition, the transferee will supply to the Minister:
(a) Application for the issuance of an amended design approval document including
identifying the need for a new design approval document to be raised in the case that
specific product type(s) are being transferred; and
(b) Submission of a signed undertaking to carry out the responsibilities specified in Subpart
521 of the CARs - Division VIII.
(4) Other documentation may include:
(a) Copies of the signed application form no. 26-0189 and supporting documents from the
transferee per paragraph 521.357(1)(b) of the CARs;
(b) Documentation supporting the evaluation and the resulting decision of the transferee’s
technical capability per subparagraph 521.357(1)(b)(ii), and section 521.352 of the CARs
and section 5.6 of this SI;
(c) Draft and completed transfer plans as required by section 5.5 of this SI;
(d) All communication documents noted in section 5.1 of this SI between:
(i) The transferee, holder and TCCA;
(ii) TCCA and foreign authorities; and
(e) Any other documents, substantiating data and reports specified in this SI.
(5) The project manager shall ensure that any other TCCA divisions in HQ and regional offices
affected by the transfer are informed so that they may also update their databases. Example: the
names changed in other computer systems such as the National Aviation Company Information
System (NACIS) and used for other activities such as surveillance/oversight.

8.0 Document history

(1) This SI has been previously issued as:

(a) SI 500-018 Issue 2, dated 2009-12-22 – Design Approval Document Transfers under
CAR 521: Division VIII – Responsibilities of a Design Approval Document Holder: RDIMS
5305671 (E) SGDDI 5305674 (F). This issue of the document updated the document
content and regulatory references following promulgation of the new Subpart 521
regulations.
(b) SI 500-018 Issue 01, dated 2005-02-07 – Certificate Transfers: RDIMS 668344(E)
SGDDI 1067299 (F).

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9.0 Contact us

For more information, please contact:

Attn: Chief, Aircraft Certification Standards (AARTC)
E-mail: AARTInfoDoc@tc.gc.ca

We invite suggestions for amendment to this document. Submit your comments to:
Civil Aviation Communications Centre
Contact form: https://tc.canada.ca/en/aviation/civil-aviation-contacts-offices/civil-aviation-
communications-centre-contact-form

Original signed by

Félix Meunier
Director, Standards Branch
Civil Aviation

-----------------------------------------
Transport Canada documents or intranet pages mentioned in this document are available upon request.

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APPENDIX A — Transfer a Design Approval Document from a Holder in Canada to a Transferee in

Canada

To transfer a design approval document from a holder in Canada to a transferee YES NO N/A
in Canada:
• Has the holder notified TCCA in writing, of their intent to transfer the design
approval document? (Ref. Subpara. 521.357(1)(a)(i) of the CARs)
• 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 name and address of the transferee?
o points of contact within the transferee’s organization?
o changes to approved publication numbering and nomenclature, or any
other changes affecting the content of the TCDS?
o the announcement of the change in holder to all owners and
operators?
• Has a transfer plan been agreed to?
• Does the data package include:
o detailed design description and associated drawings?
o certification basis?
o certification records and associated reports?
o all manuals required for ICA?
o structural and component repair manuals?
o details of service difficulties and their resolutions?
o details of airworthiness directives and mandatory service bulletins?
o installation instructions?
o AFM and AFMS?
o MMEL?
o production process or inspection documents?
o list of initial sales or distributions?
• Has the design approval document 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 charges been paid?
• Have the Program Integration and Safety Publications Division (AARDA) and
the Continuing Airworthiness Division (AARDG) been notified?
• Has the new design approval document been issued?

_____________________________________ ______________________________________

Completed by (name) Date

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APPENDIX B — Transfer a Design Approval Document from a Foreign Holder to a Canadian

Transferee

To transfer a design approval document from a holder in a foreign country to a YES NO N/A
transferee in Canada:
• 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 agreed to?
• Does the application include
o the legal name and address of the transferee?
o points of contact within the transferee’s organization?
o changes to approved publication numbering and nomenclature, or any
other changes affecting the content of the TCDS?
o the announcement of the change in holder to all owners and operators?
• 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 ICA?
o Structural and component repair manuals?
o details of service difficulties and their resolutions?
o details of airworthiness directives and mandatory service bulletins?
o installation instructions?
o AFM and AFMS?
o MMEL?
o production process or inspection documents?
o list of initial sales or distributions?
• Has the design approval document 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 charges been paid?
• Have the Program Integration and Safety Publications Division (AARDA) and the
Continuing Airworthiness Division (AARDG) been notified?
• Has the design approval document been issued?

_____________________________________ ______________________________________

Completed by (name) Date

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APPENDIX C – Transfer a Design Approval Document from a Canadian Holder to a Foreign

Transferee

To transfer a design approval document from a holder in Canada to a transferee YES NO N/A
in a foreign country:
• Has the holder notified TCCA, in writing, of their 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 to the foreign state?
• Is there an airworthiness agreement or technical arrangement in place
between TCCA and the foreign state?
• Have the requirements of subsection 521.357(1) of the CARs been met?
• Has a transfer plan been agreed to?
• 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 ICA?
o Structural and component repair manuals?
o details of service difficulties and their resolutions?
o details of airworthiness directives and mandatory service bulletins?
o installation instructions?
o AFM and AFMS?
o MMEL?
o production process or inspection documents?
• Has the design approval document been updated?
• Has NAPA been updated?
• Have the Program Integration and Safety Publications Division (AARDA) and
the Continuing Airworthiness Division (AARDG) been notified?
• Has the new design approval document been issued in the foreign country
and has the existing Canadian design approval document been re-issued?

_____________________________________ ______________________________________

Completed by (name) Date

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APPENDIX D – Design Approval Document Transfer Application

This form is shown here for convenience only. Applicants should use the TCCA form
found on the Transport Canada website forms catalogue.

DESIGN APPROVAL DOCUMENT TRANSFER APPLICATION

1 2
Legal name and address of current design approval Legal name and address of transferee
document holder

Phone: Phone:
3
a. Design approval document type and number:

b. Design approval document type and number after transfer, if known:

c. Has this document been validated in any other country? Y N

If yes, provide details:

d. The original design approval document is attached to this form. Y N

Aeronautical products identified on the design approval document being transferred:

4 5
Manufacturer(s) Model(s)

6
I have reviewed the requirements for a design approval document holder under Subsection 521.357(1) of
the Canadian Aviation Regulations (CARs) and recognize that until these requirements are met, the design
approval document and all its privileges and obligations will not be transferred.

_____________________________________ _______________________
Name and Signature of holder Date

*Please note that in accordance with subparagraph 521.357(1)(a)(v) of the CARs the holder must provide
the transferee with the type design of the aeronautical product that is the subject of the transfer and the
records specified in paragraph 521.365(a).

7
Transferee Application for the Issuance of a Design Approval Document

• I hereby certify that I have the technical capability as set forth in Subpart 521.352 of the CARs.
• I hereby undertake to carry out the responsibilities of a design approval document holder, as set
out in Division VIII of Subpart 521 of the CARs.
• I hereby agree to pay charges as prescribed in Part 1 Subpart 4 of the CARs (CAR 104-Charges).

__________________________________ __________________________
Name and Signature of transferee Date

In accordance with Subsection 521.357(2) of the CARs, if the transfer involves a foreign state, the holder
of the design approval document and the transferee shall comply with the provisions of any airworthiness
agreement or similar arrangement that exists between Canada and the foreign state involved in the transfer.

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INSTRUCTIONS FOR THE COMPLETION OF THE FORM DESIGN APPROVAL DOCUMENT

TRANSFER APPLICATION

Block 1 – Enter the legal name, address and phone number of the current holder of the design
approval document.

Block 2 – Enter the legal name, address and phone number of the person or corporation that the
design approval document holder is transferring to.

Block 3a – If it is a Canadian design approval document, the document type could be Type
Certificate, Canadian Technical Standard Order Design Approval, Supplemental Type Certificate,
Repair Design Approval or Part Design Approval. It could also be a Canadian legacy document
issued under previous regulations such as Appliance Type Certificate, Type Approval, Repair
Design Certificate, Limited Supplemental Type Certificate or Limited Supplemental Type
Approval. If it is a foreign document, it is the name and number of the foreign document.

Block 3b – In the case of a Canadian legacy document or a foreign document transferring to a

Canadian document, the only design approval documents that will be issued are: Type
Certificate, Supplemental Type Certificate, Canadian Technical Standard Design Approval,
Supplemental Type Certificate, Repair Design Approval or Part Design Approval.

Block 3c – Under International Civil Aviation Organization (ICAO) Annex 8, the state of design
must inform the other states of registry where the transferred type design has been validated, of
its transfer. Therefore the holder needs to provide this information.

Block 3d – In accordance with subparagraph 521.357(1)(a)(iv) of the CARs, the holder must
return to the Minister the original design approval document signed by the holder. If it is not
attached to this form, then it must be submitted separately before the document can be
transferred.

Block 4 – Enter the name of the manufacturer(s) if different from the holder or, if applicable, as
listed on the design approval document.

Block 5 – Enter each model as listed on the design approval document that is a subject of the
transfer. If specific product types are transferred from an existing design approval document to a
new holder, then a new design approval document must be raised. Indicate the need for a new
design approval document in this field.

Block 6 – This declaration is to be signed by the current holder before the design approval
document can be transferred.

Block 7 – This area is to be signed by the transferee before the design approval document can
be transferred. It can either be signed as part of the holder’s application after the holder has
signed under block 6, or the transferee can send in a separate form with this block signed.

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