Canadian drone law

[Sloth469]

So my point stands. That we should do something and fight back on these restrictions. There's room for both drones and planes, especially that far out from the airport, and with the drones flying at lower altitudes. These laws and the press they're getting are just making the general public against drones even more, and making it so we can't do anything creative with them.

I hear ya, but you may as well go outside and piss into a 60 knot wind... I live in the shadow of an airfield so now I cant even (legally) go in my backyard for a 20m test flight.. I had plans for all sorts of sites in Halifax but now I will have to go further afield... 90m rule may or may not apply depending on where I am but I know I won't be flying in the city because of the paranoid public that think they are a danger and definitely not near an airport... it sucks, you know it and I know it but a lot of people bitched about the seat belt laws and lost.. same as the cellphone driving laws.... Big Brother Government is here to keep the sheep safe and quiet...

 

[niclariv]

Seat belt laws and cell phone laws make sense though. We're not putting anyone in danger by flying low in a safe area (like an empty park or field) 7km away from an airport. If you disagree with me feel free to stay out of this, but I think it couldn't hurt to respond to the government on this one, and if we got enough people behind us (ie all the Canadian drone pilots on these forums) maybe they'd actually respond. For the most part they're probably only hearing from the drone-paranoid public and not the pilots themselves

 

[raymo]

its a recommendation other then the no flying near airports, and must be LOS. everything else it is a recommendation which is sort of common sense anyways... some of the recommendation like flying it near people or building recommendation should be taken as that is just common sense. (unless you have their permission)

Don't ruin it for others. Is what I always tell people.

Hate to say it but that's not how this reads. These are not recommendations, they are law (an ORDER), and there are severe consequences for breaking them, any one of them including ANIMAL proximity. As it reads - ALL ANIMALS. Taxonomically, that includes insects by the way. How many of you have cleaned the flies and mosquitos off your bird? Oh, oh!

 

[Wenchtram]

it couldn't hurt to respond to the government on this

I'm inclined to agree; the heavy-handed regulations are an extreme overreaction that panders to FUD created by papers and politicians.

The government appears to have a priori relations with the MAAC, so perhaps leveraging the MAAC's "MAP 01 - Precautions when flying model aircrat in locations at or near full scale aerodromes" document is a starting point. Moreover, actually joining MAAC might be another avenue.

 

[raymo]

Seat belt laws and cell phone laws make sense though. We're not putting anyone in danger by flying low in a safe area (like an empty park or field) 7km away from an airport. If you disagree with me feel free to stay out of this, but I think it couldn't hurt to respond to the government on this one, and if we got enough people behind us (ie all the Canadian drone pilots on these forums) maybe they'd actually respond. For the most part they're probably only hearing from the drone-paranoid public and not the pilots themselves

Seat belt laws make sense until you try to apply them to motorcycles, as was attempted in Alberta many years ago. Just seemed like a good idea to the bureaucrats.

 

[Wenchtram]

As it reads - ALL ANIMALS. Taxonomically, that includes insects by the way. How many of you have cleaned the flies and mosquitos off your bird?

I don't think anyone reasonably expects the laws to be enforced in this manner. Were they to try, they would have to justify themselves to the media when the person charged $3000 for flying too close to a mosquito came forward in the press. Quite obviously the intent is to protect wildlife and game from unwarranted harassment.

It's not necessary for us to be alarmist; a careful and measured response with a focus on safety is the only one that MP's will consider.

 

[niclariv]

I'm inclined to agree; the heavy-handed regulations are an extreme overreaction that panders to FUD created by papers and politicians.

The government appears to have a priori relations with the MAAC, so perhaps leveraging the MAAC's "MAP 01 - Precautions when flying model aircrat in locations at or near full scale aerodromes" document is a starting point. Moreover, actually joining MAAC might be another avenue.

I'd be fine with it if joining an organization was a requirement for more drone freedom.. the organization could help ensure that people are flying safely and the government could feel like they could be a little more hands off

 

[niclariv]

Seat belt laws make sense until you try to apply them to motorcycles, as was attempted in Alberta many years ago. Just seemed like a good idea to the bureaucrats.

I ride a motorcycle, and I think it's just a known fact that there's a significant amount of danger riding, but in a car the belt is there and it makes sense, so it should be used - it could save your life.

 

[raymo]

Currently (as far as I can tell based on my research) there is no CURRENT requirement for insurance. This may be changed this year...
(from an article in Global News):
License and registration
Transport Canada is considering requiring drone pilots to demonstrate knowledge of piloting and airspace, licensing pilots, registering drones and requiring insurance – all depending on how you want to use your drone and the type of equipment you’re using.

Generally speaking, McCrorie said, the bigger your drone is and the more complex your flight path (including whether you’re near an airport or an urban area) the more requirements you’ll have to meet in order to fly it legally.

The department is also considering giving police officers the power to pursue people who operate drones unsafely.

It’s a balancing act, McCrorie said.

“Under the Aeronautics Act we have a mandate to promote aviation, and UAVs are fun. They’re also a tremendous economic opportunity for people. We’re seeing a lot of tremendous economic growth in this sector,” he said.

“We don’t want to limit that but we want to make sure it’s done safely. So it’s really about taking a balanced approach.”


Here are some other regulations (current) to be aware of:

4.0 MODEL AIRCRAFT
4.1. General

1. Model aircraft are excluded from the vast majority of Canadian Aviation Regulations (CARs) that are applied to other aircraft. However, for a large model aircraft with a maximum take-off weight of over 35 kg (77 lbs), you require a special flight operations certificate (SFOC) to operate as described in section 5.0 below.
2. If your aircraft has a maximum take-off weight of less than 35 kg (77 lbs) and is used for purposes other than recreation, it is not considered a model aircraft. It is a UAV system and again is subject to section 5.0 and requires an SFOC.
3. You should use your model aircraft for recreational purposes only (e.g. hobby and personal enjoyment). If you are using it for other purposes (i.e. flight training, inspection or academia purposes, etc), section 5.0 below is applicable as is the requirement for an SFOC.
4. For model aircraft weighing less than 35 kg (77 lbs) and used for recreational purposes, the best practices in section 4.2 below provides guidance for the safe operation of your model aircraft.
5. The Model Aeronautics Association of Canada (MAAC) represents 12,000 members and is the preeminent national body for model aviation in Canada. The MAAC supports and promotes recreational and competitive model flying, both locally and internationally and works with all levels of government.
6. The regulations regarding model aircraft are clear:
   1. No person shall fly a model aircraft or a kite or launch a model rocket or a rocket of a type used in a fireworks display into cloud or in a manner that is or is likely to be hazardous to aviation safety (Canadian Aviation Regulations, Section 602.45).

Also, read here:

Flying your drone safely and legally - Transport Canada

You (currently) don't have to apply for a SFOC (Special Flight Operations Certificate) UNLESS you're taking off or landing in a National Park or wanting to fly in a restricted area (near airports, cities, etc.)

Hope this helps a bit.

--Atomicbear

You need an SFOC for ANY commercial venture. Location means nothing.

 

[raymo]

Does this effectively terminate the market for Mavic- and Phantom-class devices in Canada?

Pretty much as it is written now. ANIMALS are everywhere, no ifs ands or buts.

 

[raymo]

I don't think anyone reasonably expects the laws to be enforced in this manner. Were they to try, they would have to justify themselves to the media when the person charged $3000 for flying too close to a mosquito came forward in the press. Quite obviously the intent is to protect wildlife and game from unwarranted harassment.

It's not necessary for us to be alarmist; a careful and measured response with a focus on safety is the only one that MP's will consider.

It's all in the technicalities. With PETA blaming Pres. Barack Obama for swatting a fly, look out. More to the point is whether you are going to be charged if ducks, geese or other animals or birds show up. You have no control over that, and this is definitely where you could be charged. Do sparrows or blackbirds qualify? When it comes to bureaucrats, I won't be surprised if someone isn't charged for flying near a flock of sparrows even though they were always considered to be pests in my day growing up.

 

[Wenchtram]

This forum is, of course, no the only place where people are discussing this same topic. Found some of the following other resources that have been useful to me:

• Recreational drone now illegal in most of Canada...
• Ottawa Multicopters Facebook Group
• transport Canada Regulations Limit Model Aviation Activities
• NEW Transport Canada reg's now in effect.
• New safety rules for recreational drone use take immediate effect (Canada) • r/Multicopter
• New Canadian Drone Laws • r/drones
• Drone crackdown: New rules for flying near people, buildings • r/canada
• Several other places on reddit.com

 

[niclariv]

Does anyone know if with an SFOC exemption you can fly closer to an airport (possibly with a lower altitude limit and/or communication with the airport preflight) or is it just off limits period?

 

[niclariv]

Might make it worth filing commercially and jumping through the paperwork and insurance hoops in order to maintain the ability to fly in interesting photographical areas

 

[Wenchtram]

Might make it worth filing commercially and jumping through the paperwork and insurance hoops in order to maintain the ability to fly in interesting photographical areas

You'd have to be pretty committed: SFOC applications are most definitely non-trivial. There are plenty of other posts on the subject here in these forums (just do a search for "sfoc"), including an excellent sample application here. You'll see that it involves things like needing a spotter, filing NOTAMs, and all sorts of other rather detailed requirements.

 

[phaeton]

Pretty much as it is written now. ANIMALS are everywhere, no ifs ands or buts.

Yes, but how can it reliably be measured that you're within 75m radially from the Mavic projection to the ground?

To view this content we will need your consent to set third party cookies.
For more detailed information, see our cookies page.

Accept third party cookies

The Man: "Excuse me sir, I do believe you've flown your drone within 75m of that squirrel there"
Mild mannered UAV pilot: "OK, prove it"
The Man: "Mr Squirrel, could you please hold this end of the tape measure and....."
Squirrel: "Brrrrrrrrrrrrrrrrrchachachacha (transltation: GFY POPO)
The Man: "Anyway, here's your notice and you can make your $3000 payment directly to the Minister of Transport, the Hon. Marc..."
MMUAVP: "Nay, you're alright mate. I'll go for option d) and got to tribunal"

6 months later

To view this content we will need your consent to set third party cookies.
For more detailed information, see our cookies page.

Accept third party cookies

Tribunal Head: "Oh FFS not another one Gary, could you not get the squirrel to hold the tape measure so we could get some reliable evidence here"
The Man: "But sir, I......"
Tribunal Head: "Case dismissed. Linda, how much money have we spent trying to prosecute these drone operators"
Linda: "We're in the millions so far here Bob"
Tribunal Head: "Some one get Hadfield in as Minister, this is some f#$kin bulls*&t!. Ok everyone, that's lunch"

To view this content we will need your consent to set third party cookies.
For more detailed information, see our cookies page.

Accept third party cookies

 

[Sloth469]

I'd be fine with it if joining an organization was a requirement for more drone freedom.. the organization could help ensure that people are flying safely and the government could feel like they could be a little more hands off

WIth the new rules, and no definitive exclusion of "model aircraft (which a recreational drone was/is considered) I don't think joining MAAC will make a difference since these rules also apply to model aircraft now. Not that you see/hear of R/C operators flying in parks or around town anyways

"The new rules do not apply to people flying at sites and events sanctioned by the Model Aeronautics Association of Canada, a national model aircraft association Garneau said has an excellent safety record."
Interim Order Respecting the Use of Model Aircraft - Transport Canada

 

[Capra Vecinului]

How are laws in Canada related to owning and using grenades / several C4 charges? Because detonating some BEFORE flying the Mavic could get you 100% rid of buildings, animals, vehicles, people etc. on a radius of 75m!

And I thought that we, over here, in the ex communist block, have restricting drone laws!

 

[Cookedinlh]

Does this effectively terminate the market for Mavic- and Phantom-class devices in Canada?

NO . . go get yourself an SFOC and have fun like the rest of us . . . sorry but it just takes some work

 

[Wenchtram]

NO . . go get yourself an SFOC and have fun like the rest of us . . . sorry but it just takes some work

The SFOC process is absolutely out of the reach of the average hobbyist. Having looked at a sample application, I would be selling my drone before subjecting myself to such ridiculousness. Which is exactly my point: if the Mavic (and all of the Phantoms) are now only usable by those willing to put themselves through the SFOC nightmare, then it definitely affects the market. Only those that actually have commercial aspiration will purchase it: the bread-and-butter weekend flyer market is now going to focus on the <250g devices.