Re the NEWEST federal regs for recreational drone flights, there seems to be a "loophole" here. Please correct me if I am wrong ... Please see the attached web page (direct link below) displayed below, and note the areas in red text. Another question ... Are consumer drones eg the Mavic/Phantom considered "Model Aircraft" or "Unmanned Air Vehicles" ?? It looks as tho the restrictions apply to Model Aircraft and NOT Unmanned Air Vehicles.
Interim Order Respecting the Use of Model Aircraft - Transport Canada
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Interim Order Respecting the Use of Model Aircraft
Whereas the annexed
Interim Order Respecting the Use of Model Aircraft is required to deal with a significant risk, direct or indirect, to aviation safety or the safety of the public;
Whereas the provisions of the annexed
Interim Order Respecting the Use of Model Aircraft may be contained in a regulation made pursuant to section 4.9
Footnotea, paragraphs 7.6(1)(a)
Footnoteb and (b)
Footnotec and section 7.7
Footnoted of Part I of the
Aeronautics ActFootnotee;
And whereas, pursuant to subsection 6.41(1.2)
Footnotef of the
Aeronautics ActFootnotee, the Minister of Transport has consulted with the persons and organizations that the Minister considers appropriate in the circumstances before making the annexed
Interim Order Respecting the Use of Model Aircraft;
Therefore, the Minister of Transport, pursuant to subsection 6.41(1)
Footnotef of the
Aeronautics ActFootnotee, makes the annexed
Interim Order Respecting the Use of Model Aircraft. Ottawa, March 13, 2017
Le ministre des Transports,
Marc Garneau Minister of Transport
Interim Order Respecting the Use of Model Aircraft
Interpretation
Definitions
1 (1) The following definitions apply in this Interim Order.
model aircraft means an aircraft, the total weight of which does not exceed 35 kg (77.2 pounds), that is mechanically driven or launched into flight for recreational purposes and that is not designed to carry persons or other living creatures. (
modèle réduit d’aéronef)
Regulations means the
Canadian Aviation Regulations. (
Règlement)
restricted airspace means airspace of fixed dimensions that is so specified in the
Designated Airspace Handbook and within which the flight of an aircraft is restricted in accordance with conditions specified in that Handbook, or airspace that is restricted under section 5.1 of the Act. (
espace aérien réglementé)
unmanned air vehicle means a power-driven aircraft, other than a model aircraft, that is designed to fly without a human operator on board. (
véhicule aérien non habité)
visual line-of-sight or
VLOS means unaided visual contact with an aircraft sufficient to be able to maintain control of the aircraft know its location, and be able to scan the airspace in which it is operating to decisively see and avoid other aircraft or objects. (
visibilité directe ou VLOS)
Interpretation
(2) Unless the context requires otherwise, all other words and expressions used in this Interim Order have the same meaning as in the Regulations.
Conflict between Interim Order and Regulations
(3) In the event of a conflict between this Interim Order and the Regulations, the Interim Order prevails.
Designated Provisions
Designation
2 (1) The designated provisions set out in column 1 of the schedule are designated as provisions the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2 of the Act.
Maximum Amounts
(2) The amounts set out in column II of the schedule are the maximum amounts of the penalty payable in respect of a contravention of the designated provisions set out in column I.
Notice
(3) A notice referred to in subsection 7.7(1) of the Act must be in writing and must specify
1.
(a) the particulars of the alleged contravention;
2.
(b) that the person on whom the notice is served or to whom it is sent has the option of paying the amount specified in the notice or filing with the Tribunal a request for a review of the alleged contravention or the amount of the penalty;
3.
(c) that payment of the amount specified in the notice will be accepted by the Minister in satisfaction of the amount of the penalty for the alleged contravention and that no further proceedings under Part I of the Act will be taken against the person on whom the notice in respect of that contravention is served or to whom it is sent;
4.
(d) that the person on whom the notice is served or to whom it is sent will be provided with an opportunity consistent with procedural fairness and natural justice to present evidence before the Tribunal and make representations in relation to the alleged contravention if the person files a request for a review with the Tribunal; and
5.
(e) that the person on whom the notice is served or to whom it is sent will be considered to have committed the contravention set out in the notice if they fail to pay the amount specified in the notice and fail to file a request for a review with the Tribunal within the prescribed period.
Application
Recreational Purposes
3 (1) Subject to subsection (2), this Interim Order applies in respect of model aircraft having a total weight of more than 250 grams (0.55 pounds) but not more than 35 Kg (77.2 pounds).
(2) It does not apply to
a. unmanned air vehicles; and
b. model aircraft operated at events organized by the Model Aeronautics Association of Canada (MAAC) or at airfields located in a zone administered by MAAC or a MAAC club.
