Recreational drone now illegal in most of Canada...

[DeeWelchJersey]

It's

IMPORTANT NOTE: I know it's a long read, but he is very specific about where, when and how we can provide feedback, which has been a recurring theme and question in this thread.

To be clear:

"I should note that the Interim Order is a temporary measure to address increasing risks until a more comprehensive set of regulations can be put in place. There will also be an additional opportunity for Canadians to provide input on the proposed regulations once they are published in the Canada Gazette, Part I, in the coming months. I would encourage you to provide your views and concerns as part of that process."

It's good that he replied abruptly and took notice of our concern. Since he mentioned that it's still temporary, I'm hoping that they will be able to come up with more reasonable regulations.

 

[jwmcgrath]

It's good that he replied abruptly and took notice of our concern. Since he mentioned that it's still temporary, I'm hoping that they will be able to come up with more reasonable regulations.

Agreed.

I wanted to get the post here for info and review but haven't had a chance to include my own comments yet.

 

[DeeWelchJersey]

Oh, that's good to know then. I wonder when they will be able to finalize the regulations...

 

[Mocho]

Today, I received this response to the letter I wrote to the Minister:

Thank you for your correspondence regarding the recent Interim Order on new rules for operating unmanned aerial vehicles (UAVs).

The safety of aviation and people on the ground is one of Transport Canada’s top priorities. The Interim Order in question was introduced in response to a growing number of reported UAV incidents and associated hazards to the general public. The rules set out new restrictions for recreational UAV operations only. Existing rules pertaining to the commercial use of UAVs remain unchanged.

In the case of a violation of the Interim Order, Transport Canada Enforcement Inspectors and local law enforcement officials will conduct an investigation and exercise discretion in taking enforcement actions.

I should note that the Interim Order is a temporary measure to address increasing risks until a more comprehensive set of regulations can be put in place. There will also be an additional opportunity for Canadians to provide input on the proposed regulations once they are published in the Canada Gazette, Part I, in the coming months. I would encourage you to provide your views and concerns as part of that process.

I would invite you to visit Transport Canada’s website at Drone Safety - Transport Canada for information on the department’s activities with respect to UAVs.

Again, thank you for writing.

Yours sincerely,


The Honourable Marc Garneau, P.C., M.P.
Minister of Transport

As reference, this was my original letter:

Thanks for posting your reply, will make sure I use the link you supplied to voice my opinion.
I hope every UAV owner in Canada will take the time to input to the process. It's the only way we are going to be heard and once law, it will be tough to change !

 

[Gmanstyle]

 

[Laurend818]

The NODE campaign is now active,, please use the info to send an email to the appropriate people. It only takes a minute.

Be part of the solution.

 

[jwmcgrath]

The NODE campaign is now active,, please use the info to send an email to the appropriate people. It only takes a minute.

Be part of the solution.

Got that email too, you beat me to it! [emoji16]

 

[jwmcgrath]

The NODE campaign;

You can help by clicking here:

Contact Your Canadian Legislators

 

[jwmcgrath]

They have made it very simple for anyone to fill out the personal information and then send a pre-fabricated form letter expressing concern about the new laws… If you are a Canadian drone flyer, it's worth taking a look at this!

 

[jwmcgrath]

Bump...

This is IMPORTANT!

This legislation may set a standard for North America, and could very well be a benchmark for other countries.

Canadian or not, keep this thread current so that everybody that CAN do something about it sees it DOES do something about it!

 

[CyberStew]

Yup, I'm still a member of Node and sent off the letter. Hoping these draconian rules get lightened up a little so I can go buy another drone .

 

[Laurend818]

Interim Order No. 7 Respecting the Use of Model Aircraft
Interpretation
Definitions

1 (1) The following definitions apply in this Interim Order.

model aircraft means an aircraft, including an unmanned aircraft commonly known as a drone, 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. (modèle réduit d’aéronef)

area of natural hazard or disaster means an area affected by an extreme natural event such as a flood, hurricane, storm surge, tsunami, avalanche, landslide, tornado, forest fire or earthquake. (région touchée par des aléas naturels ou une catastrophe)

Regulations means the Canadian Aviation Regulations. (Règlement)

restricted airspace means airspace of fixed dimensions that is so specified in the Designated Airspace Handbook and within which the flight of an aircraft is restricted in accordance with conditions specified in that Handbook, or airspace that is restricted under section 5.1 of the Act. (espace aérien réglementé)

unmanned air vehicle means a power-driven aircraft, other than a model aircraft, that is designed to fly without a human operator on board. (véhicule aérien non habité)

visual line-of-sight or VLOS means unaided visual contact with an aircraft that is sufficient to be able to maintain control of the aircraft, know its location, and be able to scan the airspace in which it is operating to sense and avoid other aircraft or objects. (visibilité directe ou VLOS)

Interpretation

(2) Unless the context requires otherwise, all other words and expressions used in this Interim Order have the same meaning as in the Regulations.

Conflict between Interim Order and Regulations

(3) In the event of a conflict between this Interim Order and the Regulations, the Interim Order prevails.

Designated Provisions
Designation

2 (1) The designated provisions set out in column I of the schedule are designated as provisions the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2 of the Act.

Maximum Amounts

(2) The amounts set out in column II of the schedule are the maximum amounts of the penalty payable in respect of a contravention of the designated provisions set out in column I.

Notice

(3) A notice referred to in subsection 7.7(1) of the Act must be in writing and must specify

(a) the particulars of the alleged contravention;
(b) that the person on whom the notice is served or to whom it is sent has the option of paying the amount specified in the notice or filing with the Tribunal a request for a review of the alleged contravention or the amount of the penalty;
(c) that payment of the amount specified in the notice will be accepted by the Minister in satisfaction of the amount of the penalty for the alleged contravention and that no further proceedings under Part I of the Act will be taken against the person on whom the notice in respect of that contravention is served or to whom it is sent;
(d) that the person on whom the notice is served or to whom it is sent will be provided with an opportunity consistent with procedural fairness and natural justice to present evidence before the Tribunal and make representations in relation to the alleged contravention if the person files a request for a review with the Tribunal; and
(e) that the person on whom the notice is served or to whom it is sent will be considered to have committed the contravention set out in the notice if they fail to pay the amount specified in the notice and fail to file a request for a review with the Tribunal within the prescribed period.
Application
Recreational Purposes

3 (1) Subject to subsection (2), this Interim Order applies in respect of model aircraft having a total weight of more than 250 g (0.55 pounds) but not more than 35 kg (77.2 pounds).

(2) It does not apply to

(a) unmanned air vehicles; and
(b) model aircraft operated at events organized by the Model Aeronautics Association of Canada (MAAC) or at airfields located in a zone administered by MAAC or a MAAC club.
Suspended Provision of Regulations
Prohibited Use

4 The effect of section 602.45 of the Regulations is suspended in respect of the model aircraft referred to in subsection 3(1).

Model Aircraft Operating and Flight Provisions
Prohibitions

5 (1) No person shall operate a model aircraft

(a) at an altitude greater than 300 feet AGL;
(b) within controlled airspace;
(c) within restricted airspace;
(d) over or within the security perimeter of a police or first responder emergency operation site;
(e) over or within an open-air assembly of persons;
(f) at night; or
(g) in cloud.
(2) No person shall operate more than one model aircraft at a time.

(3) No person shall operate a model aircraft having a total weight of more 250 g (0.55 pounds) but not more than 1 kg (2.2 pounds) at a lateral distance of less 100 feet (30 m) from vehicles, vessels or the public, including spectators, bystanders or any person not associated with the operation of the aircraft.

(4) No person shall operate a model aircraft having a total weight of more 1 kg (2.2 pounds) but not more than 35 kg (77.2 pounds) at a lateral distance of less 250 feet (75 m) from vehicles, vessels or the public, including spectators, bystanders or any person not associated with the operation of the aircraft.

(5) No person shall operate a model aircraft

(a) within 3 nautical miles (5.5 km) of the centre of an aerodrome, except a heliport or an aerodrome that is used exclusively by helicopters;
(b) within 1 nautical mile (1.8 km) of a heliport or an aerodrome that is used exclusively by helicopters; or
(c) inside an aerodrome control zone.
(6) No person shall operate a model aircraft

(a) over or within an area of natural hazard or disaster; or
(b) any area that is located within 9 km of an area of natural hazard or disaster.
Right of Way
6 A person operating a model aircraft must give way to manned aircraft at all times.
Visual Line-of-Sight

7 (1) A person operating a model aircraft must ensure that it is operated within VLOS at all times during the flight.

(2) No person shall operate a model aircraft at a lateral distance of more than 1640 feet (500 m) from the person’s location.

Contact Information

8 The owner of a model aircraft shall not operate or permit a person to operate the aircraft unless the name, address and telephone number of the owner are clearly made visible on the aircraft.

 

[Laurend818]

Above is the latest version of the interim order...it is getting better.

 

[Erised]

So how would a person interpret this part?

(2) It does not apply to

(a) unmanned air vehicles; and .........

 

[Laurend818]

I think you need to look at the next part (b).. what I think it says is that it does not apply to MAAC sanctioned events.

 

[AliasGprime]

So how would a person interpret this part?

(2) It does not apply to

(a) unmanned air vehicles; and .........

Customer drones are not concidered a UAV, they are concidered as a "Model Aircraft" by this interim order. Definition are clearly written in the first section.

model aircraft means an aircraft, including an unmanned aircraft commonly known as a drone, 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. (modèle réduit d’aéronef)

...

unmanned air vehicle means a power-driven aircraft, other than a model aircraft, that is designed to fly without a human operator on board. (véhicule aérien non habité)

An aircraft which does not exceed 35kg, is a Model Aircraft. An aircraft heavier than 35kg is a U.A.V.

 

[Erised]

MAAC should not be the people our minister gets ideas on how to regulate quad copters with FPV,telemetry and RTH, etc... We can let the sticks go and it just stays there and it knows where it took off from, I understand that not all quads do this and the law probably reflects this, I believe more categories should exist and not only by weight, we are not flying a piece of meat. MAAC events are probably a cool place to show off your bird, but flying in circles around a field would get pretty boring for many of us real fast. MAAC does not seem to like quads, we are not competitors we just like to explore and video places we could not see as we do from the ground. Technology moves forward, if you don't want to follow maac that's fine but don't burn us at the stake, this is not a witch hunt. There is a lots' of stupid people doing stupid things in all the time with many other things than drones, why do we get the spotlight most of the time, how about texting and driving? it kills more people than drinking and driving, and do we have to put our name, phone number and address on our cars? WTF Lets everybody just stay in their house and no one will get hurt. (Stay out of the kitchen, there is stuff in there that could hurt you! and put your name, address and phone number on your knives as they injure and kill people)

 

[AliasGprime]

how about texting and driving? it kills more people than drinking and driving, and do we have to put our name, phone number and address on our cars?

Actually, yes. That's the point of the licence plate.

 

[David Cooke]

As a commercial drone pilot with a commercial helicopter license and SFOC I still have a Chinese company controlling whether or not I can even START the machine... if I'm even near an airport ... time we cut out all the fear and just licence drones like planes and cars so irresponsible fliers get weeded out. Recreational license makes sense too.

 

[Laurend818]

There are certain advantages to licensing recreational flying BUT, there are downsides as well.

Would the people that don't follow the rules now start following them?? I think not. Also how do you deal with visitors from other countries?

I think the best we can hope for is reasonable legislation and as a drone community start dealing with the "bad" flyers ourselves... point out the error of their ways and let them know that what they do reflects on all of us..