Attached is communication recently received from Transport Canada with respect to the SFOC requirements for UAV operators.
From: Civil Aviation Communications Centre - Centre de communications de l'Aviation civile [mailto:services@tc.gc.ca]
Sent: Thursday, September 12, 2013 8:12 AM
To: Calvin Reich
Subject: UAV / SFOC
Good day Mr. Calvin Reich,
Thank you for your recent e-mail received in the Transport Canada Civil Aviation Communications Centre.
In consultation with one of our specialists, I am pleased to provide you with the following information:
In order to respond to your e-mail, we will provide you with some general background on UAVs and then answer your specific question.
Unmanned aircraft are “aircraft” under the Aeronautics Act and are governed by the Canadian Aviation Regulations (CARs). The CARs define UAVs as:
Unmanned Air Vehicle - means a power-driven aircraft, other than a model aircraft, that is designed to fly without a human operator on board.
UAVs are aircraft of any size that may be remotely controlled or may have an automated flight capability, used privately or commercially or both. In order to operate a UAV in Canadian airspace, UAV operators require a Special Flight Operations Certificate (SFOC). SFOC's are issued to both individuals (the pilot) and companies/organizations (i.e. UAV Operators).
A model aircraft is defined in subsection 101.01(1) of the CARs as: “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”.
To be considered a “model aircraft”, all three conditions must be met:
(i) the aircraft must weigh 35 kg. (77.2 lbs) or less,
(ii) the aircraft is mechanically driven or launched into flight for recreational purposes, and
(iii) the aircraft are not designed to carry persons or other living creatures.
Under the Canadian Aviation Regulations, an aircraft that has no pilot on board which is over 35 Kg is not considered a model aircraft regardless of whether or not it is used for recreational purposes. Similarly, an aircraft which has a maximum take-off weight less than 35 Kg used for purposes other than recreation is not considered a model aircraft. In other words, when a model aircraft ceases to meet the definition of a model aircraft it becomes an unmanned aircraft and is subject to the standards of safety that govern unmanned air vehicles. Model aircraft may resemble small unmanned air vehicles at first glance; however, on closer inspection the distinctions are considerable.
While model aircraft do not need a SFOC, they are limited in their operation (e.g. operated by sporting enthusiasts for recreational purposes and personal enjoyment, not for monetary gain or any other form of hire and reward). Recreational use of aircraft does not include use of aircraft where there is any payment, consideration, gratuity or benefit, directly or indirectly charged, demanded, received or collected by any person for such use. Examples of non-recreational use include, but are not limited to: research and development flights, flight training, flight testing, customer demonstrations, academic purposes (e.g. student competitions), border and maritime patrol, search and rescue, fishery protection, forest fire detection, natural disaster monitoring, contamination measurement, road traffic surveillance, power and pipeline inspection, scientific missions, earth observation, communication relays and imaging purposes such as aerial photography.
To answer your specific question in the case provided, the UAV operator would need an SFOC to operate the UAV whether they are conducting test flights or conducting a commercial activity. Like manned aircraft, as soon as they leave the ground, they are subject to regulations. Doing test fights after maintenance actions on a manned aircraft would be equivalent to doing test flights on a UAV. In both cases, the pilot/operator is not exempt from the regulations that govern the aircraft/operation. While the legal mechanism to authorize UAV flights in Canada is presently an SFOC, in future, pilots will need to be licensed, the aircraft will be marked and registered, the operators will require an operating certificate, the aircraft will hold a flight authority and will meet a design standard. The Certificate holder in question will need to inform the Transport Canada Inspector that they need an SFOC that is valid for the period of time that covers not only the “photo shoot” but all other flights as well.
I trust that the foregoing has addressed your questions. Should you need other information on civil aviation matters, please feel free to contact us via email at services@tc.gc.ca or toll free at 1-800-305-2059 (Option 7).
Again, thank you for writing.
Kind regards,
Dyanne B.
Program Information Officer /Agente d'information sur les programmes
Civil Aviation Secretariat/ Secrétariat de l'aviation civile
Transport Canada Civil Aviation Communications Centre/
Centre de communications de l’Aviation civile, Transports Canada
1 800 305-2059
Facsimile / Télécopieur 613-957-4208
services@tc.gc.ca
TTY / ATS (613) 990-4500
Place de Ville (AARCB), Ottawa ON K1A 0N5
http://www.tc.gc.ca/eng/air-menu.htm
Government of Canada / Gouvernement du Canada
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-----Original Message-----
From: Calvin Reich [mailto:creich@capri.ca]
Sent: September 10, 2013 7:14 PM
To: WEB Feedback
Subject: UAV / SFOC
Comments: Hello,
I am an insurance broker that provides coverage for a number UAV pilots and operators.
There is a question that has come up on a number of occaissions. Perhaps you could let me know Transport Canada's stance on the following:
Many of the smaller UAV operators are doing Video or photography work. The SFOC applied for is often specific to a particular photo shoot. If the operator does a test flight prior to the photo shoot and does not collect any revenue is the flight considered "commercial"? Often operators will want to try their equipment before the shoot to make sure everything is set up and good to go before they proceed with the shoot. It may be the day or the week before the shoot, and it gives them a chance to make any fine tuning adjustments before the actual SFOC authorized photo shoot. Would these "test" flights be considered legal?
I pose the question as most insurance policies will cover the insured as long as they are operating legally.
Would you be able to clarify when the UAV is considered to be operating commercially.
I look forward to your response. Should you have any questions do not hesitate to contact me.
Thanks
Calvin Reich
UAV / Aviation Insurance
Capri Insurance Services Ltd
Name: Calvin Reich
Title: UAV / Aviation Insurance broker
Organization: Capri Insurance Services Ltd
Telephone: 1-877-272-2774
Province or territory: British Columbia
Replies
Excuse the repost ....the relies were all pertaining to a blanket license. But, can anyone answer this question?
We know that we can fly recreationally without a SFOC. But what about if you shoot some weekend footage somewhere and post it somewhere sharing your weekend family experience, someone sees it and wants to buy it. Can you sell the footage?
I think there are blurred lines as it's a fine line between shooting as an amateur and as a commercial operator. I asked TC if after obtaining a SFOC (and therefore declaring I shoot commercially) if it's possible to still fly recreationally. He said "yes". So, if that's the case there's nothing wrong with me filming a flight and posting it on my YouTube page as long as I don't link it to my corporate site. The big question though, is whether you can use previous amateur flights.
I think it would depend on how many 'family' videos you start selling.
Agreed Greg.
I've actually applied to re-shoot some of the scenes, but given the country we live in it's going to look very dull brown then white pretty soon.
I phoned TC asking this question and the guy stepped back saying it's a good question and he didn't have a good answer. It's very grey.
You're right, common sense says that if someone is using a handful of "amatuer" videos, the intent is to beat the system. But technically, I don't think there's anything stopping you from selling what's in the past; otherwise they guy would have flat out said "No".
It's a loophole that they're aware of and are trying to close quickly. But we all know how slow the Feds can work at changing legislation. I look forward to regulation and perhaps certification. It will do the industry good.
I hope one day all is needed is a UAV license and only require a filing of a flight plan at flight services unless you want to enter controlled or restricted airspace and then getting a SFOC for that. Better yet would be if you are flying in non-controlled airspace you would only be required to broadcast and monitor 126.7 during the flight since you are maintaining VFR and visual contact.
Hi all,
I'm wondering, does TC easely approve SFOC's when the applicant is a registered PPL (Private Pilot License)?
Would'nt that entale that the applicant is more aware of the CAR's and General aviation rules?
Nelson - At this point a PPL is not a requirement of the SFOC. It is definitely part of the discussion and direction things are likely to go. Formal pilot training is likely to become a requirement down the road. A PPL will be an asset. At this point I would make sure that the information is included in your SFOC application. A PPL alone will not guarantee and SFOC from Transport Canada but it does show you have some understanding of CARs and airmanship. The PPL, or Commercial License is only part of the process and It is important that the rest of the application meets Transport Canada's Guidlines
I do believe that is the direction things will eventually head Greg. Pilots will know the rules because they have taken some approved course and met a certain standard, UAVs will have registration numbers, and they will also meet a certain standard. There will be some operators that will not be prepared to take the steps to become certified or licensed and it will go n from there...things are moving but nothing happens instantly. I expect to have a bit of an update after the Unmanned Systems Canada conference in November of this year.
Calvin
Where is this conference in November?
Montreal. November 4-6, 2014
https://www.unmannedsystems.ca
Greg and Alan, I agree. If you are looking for a clear "yes or no" answer, I don't think you will get one. I do know that Transport Canada is trying to work with operators and make them aware of the rules and regulations. The industry is evolving and so will the rules and regulations. I have heard a response from a Transport Canada rep saying "if you have to ask if a SFOC is required then it probably is."
Unlike some of the situations south of the boarder, Transport Canada is not spending resources sending out cease and desist orders and they are taking the approach of wanting to work with those that are willing to follow the rules. I know at times the rules may not be crystal clear but things are evolving.
If you take some photos or video without an SFOC they are not hunting you down to check your paper work. If they see you are advertising and selling your work an SFOC will be required. I have seen some photos and video where the operator has posted his SFOC number at the end so that if there is any questions about his photos he can verify what SFOC he was operating under.
At some point there is a conscious decision to take your hobby to the commercial level. Maybe it is when people start offering to purchase your unadvertised material.
In my experience Transport Canada has been more than helpful, even though the answers may not always be a clear as we like.
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