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
Are you joining a local club?
If not, you'll get a package in the mail, there will be some rules written down. Make sure you read and understand the rules. If anything happens, they will ask.
Then you'll get a magazine from them every month. And other than that, you won't hear from them until October when they ask you to renew.
If you want to join a club, go talk to them first. Some are anti-helicopter and/or anti-uav.
You should contact MAAC by phone or email and the can explain their membership perks the best.
TC's determination of "commercial" seems to be extremely broad. Basically, if there is *any* money changing hands anywhere along the line, they consider it commercial. There are probably a lot of honest people doing things that TC would consider commercial, but people just aren't aware.
Build a scale model airplane for your buddy in the MAAC club who's going to buy it from you, and you do a test flight before handing it over to him? That's commercial.
I don't think TC is concerned with someone building and testing a model for someone. The focus is on people out actively doing commercial operations with a UAV.
Even on the test flight issue I've heard different responses from different people at TC, some say it isn't needed and some say it is. All comes down to interpretation.
In the end I'm doubtful they are going to enforce to the letter of the law, but more on the exceptions when an incident happens. They don't have the man power to enforce it where it is needed let alone going after scale model builders.
Getting back to "recreational" use, just to be clear, no SFOC required to fly one around and practice?
Well, technically, TC would tell you that if you are practicing with the intent to turn it into a business, then it's a business.
So, just buy yourself something, and go have fun at a club with MAAC, and don't think about business until you're ready. ;)
Understood. This conversation never happened...
Thanks, will look into MAAC. Also, reading more, TC states that autonomous UAVs are not allowed in Canada.
I'm specifically interested in the Phantom Vision Plus which does have autonomous ability. Yet, I see them in Canada. Are these models prohibited?
Leon, they have no problem with the Phantom Vision+. We also insure lots of them. The turn around time on the SFOC is about 20 working days. Once you have proven yourself to Transport Canada they will sometimes offer a blanket SFOC.
Great. Your answers are very helpful. I also found TC state that there are no "fully autonomous UAVs" and the time of that writing was 2008. The regulations are behind in times but could be used to our advantage.
As for insuring the Phantoms, I would have to ask how many have been "flyaways"? Been doing my due diligence and I see this seems to be a common problem. Many debates regarding human vs software error but regardless, a flyaway can be a nightmare scenario.
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