Canada: "what's an animal?"

[AlanTheBeast]

The rule:

• "do not fly" closer than 75 m from buildings, vehicles, vessels, animals, people/crowds

The reply from TC regarding what an "animal" means (a mosquito is by definition an "animal"):

Thank you for contacting the Transport Canada Civil Aviation Communications Centre. We regret the delay in responding to your request.[1]

In regards to your inquiry, the intent of the new rules is to avoid risks to animals that can be reasonably detected and avoided. This can be someone’s pet, a herd of wild animals, livestock or any animals that might be specifically protected under other laws. However, small wild animals such as squirrels, mice and skunks (or mosquitos) would be beyond reasonable because they are small and difficult to see. Recreational operators are asked to fly their UAVs at least 75 m from animals or wildlife.

Should you need other information on civil aviation matters, please feel free to contact us via email at [email protected].
​

[1]: There was no delay. I sent the question on Saturday.

Asked? OK. Thanks for asking!

 

[Boog0822]

Does that mean that 75 meters OVER people and animals is ok? You'd still be 75 meters away technically...

 

[AlanTheBeast]

You should not ever fly over people - period. (And yes, I have by mistake...).

I flew over a pond that had a bunch of large birds in it. Probably should not have - was quite obvious.

I'd take that as "do not fly over a herd" of animals at any height. Over a given lone animal (someone's dog romping in a field) I wouldn't get too hairy about it. But if your drone falls and injures or kills the dog then you could get sued.

This is an area where good judgement is needed.

 

[Boog0822]

I understand safety and responsibility just fine bud, thanks. I was merely questioning the wording of the law stated.

 

[AlanTheBeast]

I understand safety and responsibility just fine bud, thanks. I was merely questioning the wording of the law stated.

Then write them and question them. E-mail address is above.

 

[Yragorn]

interesting reply, thanks for sharing the answer!

 

[warden082]

This regulation SHOULD only apply to livestock (horses, cattle, sheep, etc), as those types of animals would be typically more sensitive to the sight and sound of a model aircraft flying overhead. There are other provincial and federal laws that already speak to harassing/chasing wildlife with aircraft. In my opinion, flying over a lone dog, or even a single person for that matter (at a reasonable altitude) is no more risky than flying 20 metres away. Absolutely stay away from crowds and open air assemblies of people. The 75 metre rule applies laterally....this means that if you were to draw a circle around someone/something on the ground with a 75metre radius, ALL the airspace above that circle (to infinity) would be out of bounds to model aircraft.

 

[AlanTheBeast]

The "lateral" means "laterally" and not a cylinder. The risk cited is "flyaway" and that usually means constant altitude. Note the use of the words "lateral distance" (b) v. "over" in the rules below (h).

To be sure it is very poorly written crap.

Prohibitions
(5) (1) A person must not operate a model aircraft

1. (a) at an altitude greater than 300 feet AGL;
2. (b) at a lateral distance of less than 250 feet (75m) from buildings, structures, vehicles, vessels, animals and the public including spectators, bystanders or any person not associated with the operation of the aircraft;
3. (c) within 9 km of the centre of an aerodrome;
4. (d) within controlled airspace;
5. (e) within restricted airspace;
6. (f) over or within a forest fire area, or any area that is located within 9 km of a forest fire area;
7. (g) over or within the security perimeter of a police or first responder emergency operation site;
8. (h) over or within an open-air assembly of persons;
9. (i) at night; or
10. (j) in cloud.

 

[warden082]

Agreed...VERY poorly written. The generally understood definition of the 75m lateral distance is indeed a cylinder going from the ground up to infinity. Lateral distance means "to the sides". You do make a good point however. Assuming that TC intended the 75m rule to apply as a cylinder, why would they feel the need to add the section stating "over or within an open air assembly of persons"?

 

[AlanTheBeast]

Agreed...VERY poorly written. The generally understood definition of the 75m lateral distance is indeed a cylinder going from the ground up to infinity. Lateral distance means "to the sides". You do make a good point however. Assuming that TC intended the 75m rule to apply as a cylinder, why would they feel the need to add the section stating "over or within an open air assembly of persons"?

Generally understood by whom?

Lateral​

Which is how a court would interpret it and how I would ask the court to interpret it if fined or charged.

So, no, they do not intend lateral to be a cylinder which is why I pointed out the use of the 'over'.