A COPA member recently asked about the current
CARs governing the import of a homebuilt into Canada from the US. He had found a
homebuilt Sonerai II in the US and wanted to know if it could be imported.
The current regulations for amateur-builts are contained in an exemption to the
CARs and can be found at
http://www.tc.gc.ca/civilaviation/maintenance/aarpg/Exemption-Appendix-C.doc.
Here is a summary of the options available in a case like this. To import an
amateur-built from the US (or anywhere else for that matter) you have two ways
of doing it (three in the case of lighter aircraft like the Sonerai II, as
explained below).
The aircraft can be imported if the aircraft:
1. is not complete and is in the “pre-cover stage”. For the Sonerai that means
the aluminium wing skins and the fuselage and tail fabric are not installed, so
that it can have its MD-RA pre-cover inspection done according to Transport
Canada requirements for Canadian-built aircraft. You need no permission to bring
into Canada at this stage, just import it (via trailer!), being mindful of any
Customs requirements,and then register it as a project with MD-RA, finish it and
have MD-RA do the pre-cover inspection, when you are ready. If there is any
doubt regarding what stage of construction a particular aircraft type should be
at to qualify for pre-cover, you are urged to contact the an MD-RA for advice
before committing to a purchase.
2. is finished and flying and has at least 100 hours total time on the airframe.
The pre-cover inspection requirement is waived however an inspection of the
finished aircraft when it comes into the country is required. Currently MD-RA
cannot do this inspection so Transport Canada Maintenance and Manufacturing
inspectors are doing them. Contact a regional TC office (numbers listed in the
A.I.P) for advice and to schedule an inspection.
NOTE: If it is after the point in construction where the fabric and wing skins
are installed and does not yet have 100 hrs flying time on it then it can’t be
imported as an amateur-built without taking it back to the pre-close up stage or
the 100 hours flown off in the US. Also note that you cannot fly the hours off
on the US-registered aircraft unless you have a US licence and you cannot own a
US-registered aircraft unless you are a US citizen, Us permanent resident or US
corporation.
3. In the case of an aircraft that has a stall speed of 39 knots (45 mph) or
less and a gross weight under 1200 lbs (The Sonerai II stalls at 45 mph and has
a 950 lbs gross weight), it could be imported at any stage at all and registered
as a basic ultralight in Canada with a C-I registration. The main drawbacks to
this category over the amateur-built category are that basic ultralights cannot
carry passengers and you must wear a helmet when flying it.
NOTE: Basic ultralights can fly with two pilots on board or with a student and
instructor, so if your planned passenger is a pilot (with privileges on the
aircraft category) then that will not be a problem.