I put together an overview of what we found when looking into the legalities of UAV use in Canada. Our hope is that as a community we can have a rough outline for each of the countries that the members are from.
Notes: I'm not a professional I've just collated what I found. Please let me know of any mistakes or changes.
Q: Are UAVs legal in the Canada?
A: Unmanned Aerial vehicles are permitted to fly in Canada when they meet "Model aircraft" conditions set out in the Canadian Aviation Regulations or the operator has a Special Flight Operations Certificate(SFOC).
Q: What makes a UAV a model aircraft in the eyes of Transport Canada(TC)?
A: "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. By definition a UAV is no longer a model aircraft when:
- Owned by a company not an individual.
-Used for profit.
Q: I just put a Camera on my model plane/copter and started making money selling the photos/videos, is this allowed?
A: As described by TC as soon as you make money or become contracted to use you model aircraft it no-longer qualifies as a model aircraft. Your model aircraft is now a UAV and requires a Special Flight Operations Certificate(SFOC) to fly.
Q: I’m using my UAV for profit or it’s vital to the success of my business, what do I need to know?
A: You need a Special Flight Operations Certificate(SFOC) every time your UAV is in Canadian Airspace, Yes even testing and development outdoors requires an SFOC. Fear not as obtaining an SFOC is common place in Canada, and as of May 17th 2012 it’s free. This is because the law strictly prohibits UAVs without these certificates.
602.41 No person shall operate an unmanned air vehicle in flight except in accordance with a special flight operations certificate or an air operator certificate.
Q: How do I get an SFOC?
A: The procedure for obtaining an SFOC is listed here. The most important in preparing your SFOC application is that you prove to Transport Canada that you will not be putting the public in danger nor will you be disrupting air traffic.
- Please see the TC staff guideline, PDF, when creating your submission, thank you goes to Bertrand Duchiron for finding this.
Q: What does it cost to applying for an SFOC?
A: For UAVs there is NO COST involved in applying for and obtaining an SFOC. As of May 17th 2012. However there is a prerequisite of liability insurance, the TC staff mentioned this however I could not locate this.
Q: Do I need to get a different SFOC for every day that I fly?
A: No! As it was explained by Transport Canada you can apply for to get an SFOC that indicates a range of dates and times.
Q: How big of an area can I apply for in my SFOC?
A: As mentioned above the primary purpose of an SFOC is to ensure the safety of the public and air traffic. Your SFOC application will be individually reviewed by Transport Canada staff specific to the region. As long as you follow outline all the prerequisites outlined here
Q: Can you give us some of the examples SFOC applications provided by TC?
A: The example was of an established RC pilot contracted to take an aerial photo of a farmer’s field every Friday during the growing season. His application would look something like:
- Between May 18th to September 28th 2012, Every Friday between 9am and 11pm.
- Alternative date for flight will be the Friday between 4pm and 6pm.
- Alternative date for flight will be the next Saturday between 8am and 6pm.
- A note from the local RM indicating they have no objection to the flights.
- A description of his craft.
- A note from the farmer indicating that there will be no people or equipment on his field during any of the operational times (Security).
- An aerial/satellite photo for the area of operations.
- On this photo/map he will indicate takeoff and landing zones. Also noting any obstacles between the takeoff and landing zones.
- On this photo/map he will indicate the boundaries of where he will be operating.
- He will then indicate the projected flight path will photos will be taken.
This isn’t all of the points outlined here. Please note that all these points need to be completed and submitted.
Each SFOC is individually reviewed. It was mentioned that TC will work with you, within reason, if your application is missing certain points. They may also request a demonstration of you and/or your crafts abilities.
Q: I plan to take photos of sports games to promote the team/field/league, what do I need to know?
A: TC advised that a 100 foot horizontal buffer between a crowd and itself.
Q: What do I need to know about operating in semi populated to populated areas?
A: We were advised that you must always have a safe place to land your UAV upon mechanical/operational failure. This specific example was of a multi-rotor craft taking photos of a sporting event, if the craft looses power it will fall like a dart, even if the receiver/controller has redundant power. This is why there’s the 100ft rule for crowds. From here you must prove that if you lose power you have a bailout plan. The next example was of an RC plane doing a highway survey. If power was lost the operator could attempt to land the craft in a ditch. (Outlined in the operational presentation)
Q: I’m using my craft for recreational use. What kind of restrictions are in place for non-commercial, recreational crafts?
A: The letter of the law states: (We make no interpretations of this)
602.45 No person shall fly a model aircraft or a kite or launch a model rocket or a rocket of a type used in a fireworks display into cloud or in a manner that is or is likely to be hazardous to aviation safety.
Q: What about universities and other students. Are there any exemptions for them?
A: As previously mentioned any craft is considered a UAV when used for non-recreational activity. The university, students, project lead, will need to submit an application for an SFOC for your use. You may want to start small, say a small safe area with a low altitude just for testing and training for specific days for 6 weeks. Then when ready to expand you’ve already proved the operation is safe, even if it’s only 2 weeks into the first SFOC.
Q: What if I break the rules?
A: Well, for starters, we don't want to hear about it here! Section 602.41 as a designated provision, has an individual penalty in the amount of $5,000.00 and a corporation penalty of $25,000.00.
Q: Okay, I'm obeying all the rules. Are there any other guidelines for safe and responsible “Model Aircraft” operations?
A: Yes. In the USA the RCAPA (the RC aerial photography association) has some excellent guidelines that are a great place to start. Common Sense too.
Q: Where did you get all the information?
A: I compile all this information from:
http://www.tc.gc.ca/eng/civilaviation/regserv/cars/part6-standards-623d2-2450.htm#623d2_65_d
http://www.tc.gc.ca/eng/civilaviation/standards/general-recavi-uav-2265.htm
http://www.tc.gc.ca/eng/civilaviation/standards/general-recavi-brochures-uav-2270.htm
I also contacted the regional Transport Canada office and was transferred the team in charge of SFOC applications. Some of what we discussed was added to this FAQ.
We found that in 2007 there was Work Group formed:
EXECUTIVE SUMMARY
This document represents the Final Report of the Unmanned Air Vehicle (UAV) Working Group, established to develop a regulatory framework for the operation of unmanned air vehicles with respect to terms and definitions, aircraft registration and marking, flight crew and maintainer licensing, maintenance, airworthiness and continuing airworthiness, operational flight rules and operational approval. The Unmanned Air Vehicle Working Group was a joint government and industry initiative, convened by Transport Canada, General Aviation in December 2006 to address the increasing volume and complexity of applications for unmanned air vehicle Special Flight Operations Certificates (SFOCs).
[http://www.tc.gc.ca/eng/civilaviation/standards/general-recavi-uavworkinggroup-2266.htm]
[http://www.tc.gc.ca/eng/civilaviation/standards/general-recavi-uavworkinggroup-2266.htm#14]
There appears to be a section for UAV pilot licensing. However none of this was mentioned by the TC rep.
Private communities/sites:
Canadian Centrefor Unmanned Vehicle Systems
Comments
From a commercial aspect, insurance in the $2000 to $4000 per year does not seem unreasonable for basic operational requirements of a serious UAV business venture and getting a $2M liability policy. It is a real and important cost of doing business and keeping the industry here in canada professional and safe.
As for lower risks, I would say that some of the risks of operating a 5lb to 10lb uav might be so, but you can still do a lot of damage to a low flying helicopter, aircraft or some remote power station!! Though very remote, these are the things that could happen which would massively impact the people who have to cover the insurance.
We have found that insurance in business is one of those things just like lawyers: Don't really want to deal with them, but very very happy to have them when you need them!!!
Having the UAV industry in Canada creating and following a very good company operations manuals, documented flight operations procedures, quality assurance and consistantly safe operations is the only way to make sure that we might see lower premiums in the future for UAV's.
In saying all that, I have spent far, far more $$$ on UAV's, procedures, development, testing, software etc to get started in the UAV operations business than the few grand that insurance will take.
For the guy trying to get started and taking some aerial pictures of someones farm, etc.: I think like any other business, part time or not, needs to business plan it out, calculate in all the costs and see whether it is worth going into the business or not. I have found thorugh my experiences that the UAV operations business is not for the faint of heart. It is new, bleeding edge, and as Jason points out, it is not very big ... yet!
Ellison, if only it were so easy, I would be happy to. The underwriters need premium to get the volume for this type of business. It needs to be at a point where they will consider even doing the analysis and it appears they are a long ways away from that.
As I said in my first post, organizing and standardizing so that you have clout as a consumer group is ths best thiing you can do. The best thing I can do is continue to talk to all of my insurance markets and make them aware of these types of risks, and what a good job you are doing, and as they become more familiar and comfortable with UAV's they will see the light.
Hey Jason, sounds like you may be able to help, since you are in the liability side of things. Maybe you could talk to the Underwriters, and help them to under the considerable lower risks involved in small UAVs compared to large aircraft. I think once the insurance companies under stand the risks, and the actuarials actually do analysis, prices for such insurance will become more reasonable in price. With the increase in customer base, the risk is also mitigated, and also result in lower costs for the customer and more profitable for the insurance companies.
Yes, I drove very differently then I do now, twenty years ago. There's nothing like having your car ripped open, by a flatbed semi, to convince you that they have they always have the right of way, regardless of the law. ;-)
I would not sell a liability policy with a $25,000 Limit. That may get you through one hurdle but if you want to deal with companies of any size you would also have to meet their contractual requirements which would likley start at $2,000,000. Even at that in some situaions that may not be adequate considering what damage a 7kg object flying at a fairly high rate of speed can do to a person or property.
Very hard to ball park a price as there are only a few markets. I believe on the other posters on this thread indicated $2,000-3,000 and that would be a good starting point. I would be wary of a policy much cheaper then that for a sufficient limit and ensure it is covering you for what you need. The cheapest parachute isn’t always the best and that usually only becomes evident when you need to use it.
Very tough to compare auto or home insurance to that for a commerial UAV operation as there are millions of Canadians putting money in the home and auto pool to pay for the large and small losses that some drivers have (sounds like you had a bad run Ellison). As the industry grows more insurance companies will be interested in UAV’s and as the market and competition grows I expect to see premiums come down.
I hope that helps.
I'd love to actually have a ballpark figure as well. You need to front the money for the first year to get your name out.. then hopefuly you create a large enough reputation and client base to keep them coming back.
Bertrand, merci!
If I can I will definitely try to be there, for this year. I actually lived in Ottawa for 10 years, but now I'm back in Montreal. It's only a small drive away.
Jason, what would it cost for $25,000 liability with a max 7kg craft flying over rural fields, golf courses, new residential/commercial developments.
Can you pm me the name of your company?
Jason, for hobby, we already have the MAAC covering our flying. I think that anyone planning on getting an SFOC, should at least join the MAAC, and gain as much air time as possible to become confident.
For commercial UAV operations, you're right. With no history, we are painted with the same brush as full sized operators, that need SFOCs. As the track record builds up, the acturarials at insurance company will be able to assess the insurance risk more accurately. So, until that happens, we'll have to pay the higher rates that full sized operators do.
My experience is with Life and health insurance, not with liability. I'm actually a Registered Health Underwriter. (RHU)
Also just wanted to add, that any insurance company that wants to charge to more for flying a small UAV than a full size aircraft is not one that you want to work with.
A caveat, I have not worked for any UAV operators planning the majority of there work over heavily populated areas or sports arenas. That would provide a greater challange and a detailed safety plan would be beneficial when your risk is being presented to the Insurers. Most of the exposures have been over sparsely populated areas were the risk of impact is minimal and frankly the exposure is minimal in my opinion.
In most cases you do not need an Aviation Insurance policy, which comes with cost and limitation. Due to weight of many UAV's some Insurers will endorse their standard Liability policy to ensure there is coverage for bodily injury and third party property damage, Also likely include a limit of Forest Fire expense.
The cost is not very affordable for the hobbie or part timer but is for a full time commercial operation. You have to remember that insurance is just a pool of money to pay for things when "things" hit the fan. The more people paying into the same pool with a similar risk will bring the cost individually down. As a realtively young industry I strongly suggest organizing so that you have strong operating standards across the board all it takes is one bad operator making the front page of a news paper or website and you will all be painted with the same broad brush stroke.
When and where is that AUVSI in Ottawa? All I get with a search is the AUVSI in Vegas.
-
2
-
3
-
4
-
5
-
6
of 6 Next