I see you asked quite a while ago, but didn't get much of an answer. I'm a Canadian who regularly flies in the USA.
In Canada, having a sub-250 drone exempts you from the requirement for a pilot certificate and registration. You can also fly your sub-250 drone in controlled airspace without authorization, etc. So there are some significant advantages to being sub-250, especially if you don't have a cert for advanced operations.
In the USA the regulatory framework is very different. From a practical perspective, <250g in the USA only has two benefits: You don't need to register the drone, and it doesn't need to have RemoteID.
Some people point to this page (
https://www.faa.gov/uas/resources/foreign_operators) and say that it requires foreign operators to have RemoteID. However, what it actually says is that you have to follow the RemoteID rules like everyone else.
Perhaps most important to Canadians is to be aware that in the USA, the same rules apply to where you can fly, etc., whether you are flying a 100g drone or a 1kg drone.
There are a few options for Canadians to fly in the USA:
1) Take the TRUST and fly a drone < 250 under the recreational exemption. No registration or Remote ID is required.
2) Register your drone in Canada. (Since the
M4P, M5P, etc. can weigh more than 250g with the extended battery, you can register them in Canada.) Take the TRUST and fly under the recreational exemption. File a NOI (free) in the FAA Drone Zone based on your Canadian registration. Fly in the USA with the larger battery so that RemoteID is turned on.
3) Write the FAA Part 107 exam, and fly your registered/NOI/RemoteID drone under Part 107 rules.
Note that options 1 and 2 don't change where you can fly. Either way, you need to take the TRUST. The Canadian registration will cost you $10 and 10 minutes. The NOI will take you another 10 minutes and is free.
Note that it is your responsibility to determine your aircraft's takeoff weight. If your M5P is not under 0.55 lbs, then option 1 is *not* available to you.
If your drone is registered in Canada, it can not be registered in the USA as well. You just submit a free NOI.
If your drone is NOT registered in Canada, you can register it in the USA, but the only reason I would do that is if the drone cannot be registered in Canada. For example, I fly my
DJI Neo under Part 107, so it has to be registered. I can't register it in Canada due to the weight. So I have it registered with the FAA.
If you choose options 1 or 2, you also need to be very familiar with the recreational exemption in 49 U.S. Code § 44809. There are eight requirements.
One of those eight rules is that you must follow the safety rules of an FAA-approved community-based organization (CBO). You therefore must pick a CBO and follow their safety rules.
Another is that the aircraft is flown strictly for recreational purposes. Note that this is very narrow. The fact that you're being paid doesn't make it recreational. If you fly to help your neighbour by checking the condition of his roof, that is not recreational. Flying to post videos on YouTube is also a grey area. If you are flying just for fun and use YouTube to share your videos with friends, that might be ok. But if you're flying for the purpose of creating YouTube videos, that probably isn't. Suppose I fly in the USA to take photos and use those photos on my website. In that case, there is an argument to be made that I was flying for the purpose of taking pictures for my website, which is promotional in nature, and therefore, the purpose was not recreational. Here's a good article on it:
Section 44809 vs. Part 107 – Are You Flying Recreationally or Commercially? - Pilot Institute.
The reason I stress this is that if *any one* of the 44809 conditions does not apply to your flight, you are not flying under 44809 - you are flying under 107 and therefore require a part 107 remote pilot certificate.
A lot of Canadians fly with TRUST in the USA and have no problems at all - just be aware of the rules.
Option 3 requires studying and writing an in-person exam somewhere in the USA. However, if you have your Canadian advanced, you're most of the way there. Weather, aerodynamics, etc., don't change when you cross the border. You just need to learn the US regulations and how to read US Sectional Charts.
But once you jump through this hoop, you have some options available to you that are not under 44809. For example, I can take my registered
Neo, stick a Remote ID module on it so that it meets the requirements for Category 1, and fly it over people, moving vehicles, and open-air assemblies without requiring any waivers, etc. I also applied for and received a 107 waiver, allowing me to fly other drones over people subject to a list of conditions. My
M4P with the large battery, prop guards, and a strobe meets the conditions. For my
Avata 2 to meet the conditions, I just have to stick a strobe on it. In some busy areas, that allows me to fly where I would otherwise not be able to.
