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
You can use way points but the pilot must be able to take control at any point, cannot be fully autonomous. Also has to be line of sight at all times. Or that is how I understand it.
I'm usually critical of DJI, but I will admit that it appears to me that the majority of "flyaways" are simply operator error. Not so many true Return To China flyaways, though they do happen. One of the problems with DJI is they try to shield their users from the nitty gritty details of UAV operations, make it appear easy, and this contributes to the amount of user errors that happen.
I spoke with Mark Wuennenberg a couple of weeks ago, who is one of the head guys at TC dealing with UAV policy. I was concerned about a statement in that 2008 document that seemed to suggest the only acceptable response to a loss of command and control from the operator, is for the UAV to go into an auto-crash mode. This is similar to the statement about autonomous operation. He said something like, the document was written in 2008 before there was an RTH option, but now that RTH is proven to work, it's an acceptable solution to the loss of control.
I think it's the same situation with automated flying. It's not that a human has to be manually controlling it. But you have to have the ability take control throughout the flight. You can't just push a big red go-button on the ground, and then it takes off and does it's thing with no ability to control it. I believe it's fine to have it flying an automated pattern, as long as you have the ability to signal it to come home, or take evasive manoevers if required. This is because the human pilot in the loop is the key Sense and Avoid strategy for deconflicting with manned aviation. This is why you must maintain VLOS.
The SFOC process as not as complex as it seems once you do a bit of research.
This is an article I wrote a while ago with a general overview:
http://flitelabimaging.com/UAVsCommercialUsageRegulations.aspx
It's not a perfect process but at least we have something in Canada to allow for commercial work.
I agree too. The SFOC process doesn't really seem that bad. I mean, it's a big form to read and write, but it seems fairly straight forward.
Mark, I totally agree. The process is not perfect but it is a work in progress. There are a number of our US counterparts that wish they had a system like we do. The SFOC application seems a bit daunting at first but most people find it not as bad as they thought once they get into it. There are a few that get frustrated and decide not to pursue it, but most people that take the time to learn the process will find Transport Canada wants to work with them.
The application process is really an exercise in defining your processes and procedures. TC want to see if you have the background and ability to safely operate. It makes you detail and research all the factors involved.
From our first application through to our current blanket SFOCs we have never had an application rejected.
The biggest issue right now is the time to get one approved, it is upwards of 3 weeks now in the Atlantic region, which use to be one of the faster regions to get one. Out first ones were less than 2 weeks typically.
Approval time is also a concern. A real life scenario may require multiple same day/week/month bookings to schedule with clients. How can one logistically plan scheduling when applications are backlogged?
Yes, absolutely! This is one of the biggest problems, not the complexity of the SFOC form.
The holy grail is to get a blanket SFOC which allows you flexible operations. But the problem is you have to work your way up to that. And it's hard to work your way up to that with 3 week wait times, because not so many clients are willing to wait that long.
I see. This does pose a problem. The blanket comes once you've proved yourself to TC? What do they require? Multiple SFOCs over a given time without incident? Footage of your expert skills?
There are no guidelines as to when or how you get a blanket SFOC. it all comes down to the discretion of the person handling SFOCs for your region.
We received ours after a dozen or so SFOCs.
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