Special Conditions

Effective Date: 16 July 2025

Reference: C-05-005-001/AG-001 – Technical Airworthiness Manual Part 2, and Part 3, Chapter 2

OPI: DTAES 3-5

1. Purpose

1.1. This Technical Airworthiness Authority (TAA) Advisory provides guidance for the development and staffing of Special Conditions (SCs) issued by the TAA.

2. Applicability

2.1. This TAA Advisory applies to Directorate of Technical Airworthiness and Engineering Support (DTAES) regulatory staff who will be responsible for the development and staffing of SCs. This TAA Advisory is also applicable to Project Management Office (PMO) and Weapon System Management (WSM) staff, as well as associated contractors (Original Equipment Manufacturers (OEMs), In-Service Support (ISS) or Design Support Networks (DSNs)) who will be required to action SCs.

3. Related Material

3.1. Definitions

See the Technical Airworthiness Manual (TAM) (reference 3.2.a) Glossary for applicable definitions.

3.2. Regulatory References

1. Canadian Forces Technical Order (CFTO) C-05-005-001/AG-001 – Technical Airworthiness Manual (TAM)
2. CFTO C-05-005-001/AG-002 – Airworthiness Design Standards Manual (ADSM)
3. TAA Advisory 2023-01 – Issue Papers
4. DAOD 3003-1 – Management, Security and Access Requirements Relating to Controlled Goods
5. CFTO C-02-007-000/AG-001 – Controlled Technology Access and Transfer (CTAT) Manual, Part 2, Section 1
6. Technical Airworthiness Clearance (TAC) Database Tracking Tool (available internally, within DND, at AEPM RDIMS #2382581)

4. Discussion

4.1 The TAA may issue a SC when suitable certification requirements are not provided in the TAA-recognized airworthiness codes (the ADSM, reference 3.2.b, Part 1, Chapter 2 provides a list of TAA-recognized airworthiness codes). SCs can add new requirements, augment existing certification requirements, or partially or fully replace existing certification requirements. SCs may also be used to modify existing means of compliance, or document new ones. SCs are most often used in the case of new or novel technology. Compliance with a SC is a mandatory regulatory requirement and, once approved, it becomes part of the certification basis and compliance matrix.

4.2 The TAM (reference 3.2.a), 2.1.2.S2 paragraph 1c(3) requires that anticipated requirements for SCs be documented in the certification plan. However, in practice, the requirement for SCs may not be identified until after certification plan approval and commencement of the compliance program.

4.3 The requirement for a SC must be documented in an Issue Paper (IP), the approval of which will initiate the drafting and staffing of the SC. The process for developing and staffing IPs is provided in TAA Advisory 2023-01 (reference 3.2.c). It is the responsibility of the DTAES specialist section identifying the requirement for a SC to draft the IP, which must explain the reason why certification code requirements or existing means of compliance are deficient, and propose a draft of the SC. This will allow the Applicant and their contractor to provide input to the SC. However, it is under the purview of the TAA to release the SC, even if consensus is not provided by the Applicant via the IP, which is why there is no Applicant signature block on the SC form.

4.4  When a SC is required, the applicable DTAES specialist (as originator) generates a draft SC using the SC template (Annex A to this advisory) and provides full RDIMS access rights to the DTAES 3 Project Officer (PO), Team Lead (TL) and the DTAES 3 section head (SH). Generally, the contents of the SC will be contained in the IP and can simply be transferred to the draft SC.

4.5. The following are instructions on how to complete the SC template at Annex A:

1. Controlled Goods. If the SC contains any technical data, the document must be marked to indicate whether or not the technical data are Controlled Goods, in accordance with DAOD 3003-1 (reference 3.2.d). The markings must conform to Figure 2.1.3 or Figure 2.1.6 of the CTAT Manual (reference 3.2.e).
2. Fleet/Project Name, File Number and RDIMS. Include the fleet type designation (e.g., CH148) and, if applicable, the name of the project (e.g., MHP), as well as the originator’s file and RDIMS numbers. Ensure that all stakeholders have “Normal” access to the RDIMS file to facilitate updates to the SC.
3. Specialist(s). List all the specialty areas involved in the SC. Ideally, these specialty areas will be responsible for making some or all of the Findings of Compliance against the requirements of the SC.
4. SC Number. The DTAES 3 PO generates the SC ID number to ensure the numbering sequence is consistent. The numbering convention is “Aircraft Type Designation-SC-nn-yyyy”, where “nn” is a locally-assigned register number, and “yyyy” represents the year the SC was raised (e.g., CP140-SC-03-2022). Sometimes, for ease of tracking, the SC number will match the IP number, even if it was issued in a different year from the IP. It is up to DTAES 3 to decide which numbering convention best suits the certification project. The DTAES 3 PO will maintain a register of all SCs generated for each project for which they are responsible (see paragraph 4.7).
5. Revision. In the event that a SC requires revision, the revision number for the initial release should be “0”.
6. Date. The date that the SC was originated or revised.
7. IP Reference. List the IP number and RDIMS reference of the IP discussing the requirement for the SC.
8. Subject. The originator should identify the subject of the SC by identifying the system affected and the nature of the issue. Ideally, the subject of the supporting IP and the SC should be the same.
9. Certification Requirement(s). If the SC is addressing one or more existing certification requirements in the certification basis, then they should be listed in this section. If the SC is offering (a) new certification requirement(s), then this section should be marked “n/a”.
10. References. All documents referenced within the SC should be listed here. Documents that are not referenced in the SC should not be listed in this section.
11. Revision. If the SC has been revised, a brief summary of the revision should be provided here. If this is the initial issue, “n/a” can be added here or this section can be left out.
12. SC Requirement. This section provides the executive summary of the requirement for the SC. It should be as brief as practical, without including background information or discussion of the subject. Normally, this will be similar to the Statement of Issue in the IP.
13. Discussion. In this section, the originator must provide all information necessary to explain the background or rationale for the SC requirement, explaining why the various civil and military certification codes or various means of compliance are insufficient. This section should also provide a description of those design features requiring the issuance of the SC. While reference can be made to similar information in the IP, the SC should provide sufficient information for the reader to understand the requirement for the SC without having to refer to the IP.
14. Special Condition. This section should provide the exact text of the SC. If the SC is offering a new or amended certification requirement, the text should be written such that it can be inserted directly in the certification basis (TAM [reference 3.2.a], paragraph 2.1.2.S3). For each requirement, this section should also explain whether it is augmenting or replacing an existing certification requirement. In this case, the DTAES 3 PO will communicate to the applicant the requirement to add text to the “Comments” column of the compliance matrix, explaining the relationship between the SC and the existing certification requirement. Since the TAA discourages removal or amendment to existing certification requirements, the text in the "Comments" column will ensure that Finding Authorities understand the impact of the SC on existing requirements. If the SC is adding a completely new requirement, with no effect on existing certification requirements, then the “Comments” column need only reference the SC number and RDIMS file number. Should the SC be requiring a new or amended means of compliance, which is longer than a couple of paragraphs, the means of compliance document can be attached as an annex to the SC.
15. TAA Approval. For the SC to be released, it must be signed by the originator, their section head, DTAES 3 and DTAES.

Note: An example of how a SC is documented in a certification plan and compliance matrix is available internally, within DND, at AEPM RDIMS #2208203 – Template Certification Plan. The document can be provided by DTAES 3 staff on demand.

4.6. SC Staffing for Approval. The originator is responsible for staffing the draft SC to the DTAES 3 PO, who will add the SC number and ensure that the SC meets the requirements of this TAA Advisory. The DTAES 3 PO will also log the SC in the SC register (see paragraph 4.7) and, once finalized, staff it for signatures (see paragraph 4.5.o). The approved SC should be sent to the Applicant with a cover letter, which is drafted and signed by the DTAES 3 PO. The cover letter should include the requirement for the Applicant to ensure that the SC certification requirement(s) is(are) included in the certification basis. The letter should also note the requirement to include applicability statements (if the SC affects existing certification requirements), the SC number and RDIMS reference in the “Comments” column of the compliance matrix. A template letter has been provided at Annex B to this advisory.

4.7 SC Register. It is the DTAES 3 PO’s responsibility to develop a SC tracking register for each project or fleet (normally, an Excel spreadsheet), which should be referenced in the TAC Database Tracking Tool (reference 3.2.f). The SC tracking register should include the following minimum information:

1. SC number;
2. Subject;
3. RDIMS number;
4. Originator; and
5. Date.

4.8 SC Recording. The TAM (reference 3.2.a) 2.1.2.S8 requires that all SCs be listed in the Type Certificate Datasheet (TCDS). It is the responsibility of the PMO System Engineering Manager to ensure that all TAA-issued SCs (as well as SCs issued by the Original Certification Authority) be listed in the TCDS prior to submission to the DTAES 3 PO for type certification. It is the responsibility of the WSM Senior Design Engineer to ensure that the fleet TCDS is amended to include any TAA SCs issued during design change certification.