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
New regulations are heading towards requiring a level of licensing/training/certification, most likely a ground school and exam.
An early draft is attached.
As to when it will be law, no one knows.
DRAFT UAV SI for Coordination - EN.doc
I've read TC's documentation on the SFOC. That and the discussions here on this forum. It leads to an interesting scenario and question.
We know that we can fly recreationally without a SFOC. Sure, if the purpose is to use the footage commercially, then a certificate is required. 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? Or is it un-sellable because it was shot with the intention of being an amateur flight.
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.
Further to blanket SFOCs and the 20 day waiting period:
http://nanaimohomes.com/Blog/tabid/573/entryid/1195/warning-from-th...
I found an interesting article from someone in the business using the "Problem, reaction, solution" technique to thwart real estate agents from doing their own filming of homes. He then goes on to produce his SFOC. Take a look at the application date and the date of the approved SFOC.
Thoughts?
I think the fact that the application was in January may have also had something to do with the turnaround time. We also do not know the history the particular individual has with TC. This may be his 10th application. I have heard of a couple of people getting a quick turn around but don't count on it. Transport Canada is pretty clear that they require at least 20 business days prior to the flight.
It is going to be a month for our last submission to be approved based on what TC told me yesterday.
Doubtful anyone is going to get one within a day, could merely be a mixup in dates, I've had one SFOC with even the wrong name on it, for another operator, so I wouldn't read a lot into that copy.
It's suspect imo. Is there a limit to how many applications can be submitted in a given period? IE: application dates Nov 1, 2, 3, 4..10. Flight dates Dec 1,2,3,4..10?
No, no limit. Submit whatever you like.
If your flying at the same location you can request multiple dates in a single SFOC. They typically will allow you a window of a week or two for factors such as weather, etc.
If it's for a different location and flight parameters then it would be separate however.
I'm in the process of researching the exact same questions prior to purchasing any drone for commercial use. I'm a year late to the thread but I have a serious question regarding the definition of "model aircraft" as per Transport Canada's website.
""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. Although some micro unmanned air vehicles may weigh less than 35 kg, they are operated by research institutions and other organizations for non-recreational purposes."
Yet, the response from TC regarding what is considered recreational goes on to say "no imaging and no flight training"
Isn't this contradictory? I've sent an email to TC and hopefully I'll get a response but if this is true, then this is a deal breaker for anyone trying to break into the industry. It completely prevents anyone from flying a UAV with a camera for practice BEFORE getting an SFOC permit.
Leon,
The big thing is if the UAV is used for reward or hire. If it is used for reward or hire Transport Canada views it as a commercial operation and requires a SFOC. the weight is not what determines if a SFOC is required. It is the use. I would suggest that you become a MAAC member and practice under their rules and with the experience of those around. They will also provide insurance for your non commercial flying. You may want to check with them regarding the limits and exclusions to their policy. I can also provide options for coverage for those that are operating as a hobby and not commercially. Often, for hobbyists the MAAC program is a good option. Once your ready to operate commercially we have a number of options available for the commercial operator. Most of the commercial insurance markets only cover for commercial operations. There are some that will cover for both.
I'm looking at the MAAC member registration and about to submit after purchase. What can I expect once I've done this?
Thanks
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