EXEMPTION FROM SECTION 549.01 OF THE CANADIAN AVIATION
REGULATIONS AND CHAPTER 549 of THE AIRWORTHINESS MANUAL – AIRWORTHINESS
STANDARDS - AMATEUR-BUILT AIRCRAFT
Pursuant to subsection 5.9(2) of the Aeronautics Act, and after taking
into account that the exemption is in the public interest and is not likely to
affect aviation safety, I hereby exempt persons who apply for a special
certificate of airworthiness in the amateur-built classification from the
requirements of section 549.01 of the Canadian Aviation Regulations
(CARs) and Chapter 549 of the Airworthiness Manual - Airworthiness
Standards - Amateur-built Aircraft, subject to the requirements set out in
Appendix A of this exemption.
- Section 549.01 of the CARs stipulates that a person who
intends to construct an aircraft and obtain, under paragraph 507.03(b), a
special certificate of airworthiness in the amateur-built category in
respect of the aircraft must
- before starting construction,
- inform the Minister of the intention to construct the aircraft,
- show that the aircraft design meets the standards specified in
Chapter 549 of the Airworthiness Manual, and
- show that the major portion of the aircraft will be constructed
from raw material and assembled on a non-commercial, non-production basis
for educational or recreational purposes; and
- during construction and again before the first flight,
make the aircraft available to the Minister for inspection.
- Chapter 549 of the Airworthiness Manual - Airworthiness
Standards - Amateur-built Aircraft sets out the design and
construction standards, which an applicant shall meet to satisfy the
Minister, that the aircraft is amateur-built, and the requirements for
inspections, equipment and instruments, and operating information necessary
to obtain a Special Certificate of Airworthiness for amateur-built aircraft.
The purpose of this exemption is to permit persons who apply for a special
certificate of airworthiness in the amateur-built classification:
- to contract for professional assistance in the construction or assembly
of parts of the aircraft, provided the work is subject to the builder’s
overall control; and
- to import, register and operate in Canada foreign-built amateur-aircraft,
subject to a Transport Canada inspection of the aircraft.
This exemption applies to persons who apply for a special certificate of
airworthiness in the amateur-built classification.
This exemption is subject to the following condition:
Persons who apply for a special certificate of airworthiness in the
amateur-built classification shall comply with the requirements of Appendix A
to this exemption.
This exemption is in effect until the earliest of the following:
the date on which an amendment to the appropriate provisions of the Canadian Aviation Regulations come into effect;
the date on which the condition set out in this exempt is breached; or
the date on which this exemption is cancelled in writing by the Minister
where he or she is of the opinion it is no longer in the public interest, or
is likely to affect aviation safety.
- EDT at midnight August 31, 2006;
Dated at Ottawa, Ontario, Canada this 2nd day of February
2005 on behalf of the Minister of Transport.
Original Signed by Franz Reinhardt