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
Syeed, I would check out transport Canada's web page and see if you can find any information. I have attached a link but you may need to search a little bit to find anything specific about Model aircraft. http://www.tc.gc.ca/eng/civilaviation/standards/general-recavi-broc...
You may also require permission from property owners that you may be landing or taking off from or it may be considered trespassing. You can always give me a call if there are other questions. 1-877-272-2774
Hey Rob,
Give me a call or shoot me an email. We can help you out. Creich@capri.ca or 1-877-272-2774 ask for me and they will put you through.
It seems like the trend with transport Canada is that they are only issuing blanket SFOC's after a number of individual SFOC's have been issued and they are comfortable with your operations. It sounds like yours is location specific which may help. I have heard in some cases that it may take 8-10 applications before a blanket is issued. Let me know how it goes.
Calvin
Calvin, I'm actually beginning to look for insurance for commercial operations. Should I contact you? I'm in Ontario.
I'm hoping to be able to get a blanket SFOC for test flights at my local club field. Hopefully I'll be successful at this. It's located amongst farmers fields, train tracks, a toxic waste dump, and a sewage lagoon, so hopefully TC considers the location acceptable for a blanket SFOC. :)
Hey William,
How are things in Ontario? Are you operating this year?
Calvin
For those of you that are wondering, Insurance prices for UAV liability have come down we have a number of options that did not exist a few years ago. Typically limits of $500,000 are starting at around $850 -$1,000 per year. The insurance is not going to be the barrier for those that are serious about entering the commercial UAV market in Canada. The challenge for many operators will be getting used to the SFOC process and getting up to the standards that they want to see. For those that are willing to learn what Transport is looking for and comply, the process will get easier. - Commercial Insurance Broker - Capri Insurance - UAV - Aviation
Syeed, sorry for the long post but you may find the following of value. It is a response from transport Canada with respect to some questions. If the UAV is used for "reward or hire" a SFOC is required. If the use is simply pleasure a SFOC is not required. Please see below and hopefully this helps.
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
- Please consider the environment before printing this email
- Devez-vous vraiment imprimer ce courriel ?
-----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
Question. Say I provide aerial video or photography services to people and companies, but for free, I wouldn't need a SFOC, right? What if you use the drones to make money through ads on YouTube videos?
Robert, Good information for everybody!
-
1
-
2
-
3
-
4
-
5
of 6 Next