Interim Order Respecting the Use of Model Aircrafts – Robert P. Kinghan & Paul Lalonde<\/p>\n
The Minister of Transport has recently announced the Federal Government\u2019s new Interim Order Respecting the Use of Model Aircrafts <\/em>(the \u201cInterim Order\u201d).[1]<\/a>\u00a0 The purpose of the Interim Order is to address significant risks of the public\u2019s increased use of recreational drones to aviation safety. The Interim Order contains important new rules that recreational drone pilots should be aware of and should comply with before their next flight. The Interim Order was drafted to work hand-in-hand with the existing Canadian Aviation Regulations but in the event of a conflict between the Interim Order and the Regulations, the Interim Order shall prevail.<\/p>\n The Interim Order\u2019s application is limited to drones having a total weight of more than 250 grams but not more than 35 kilograms.[2]<\/a> However, the new order does not apply to unmanned air vehicles (UAVs) and\/or 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.<\/p>\n Of particular interest to drone pilots is s.5 of the Interim Order which specifically prohibits individuals from operating drones or model aircraft in the following situations:<\/p>\n a)\u00a0\u00a0\u00a0 at an altitude greater than 300 feet above ground level;<\/p>\n b)\u00a0\u00a0\u00a0 at a lateral distance of less than 250 feet (75m) from buildings, structures, vehicles, vessels, animals and the public including spectators, bystanders or any person not associated with the operation of the aircraft;<\/p>\n c)\u00a0\u00a0\u00a0 within 9 km of the centre of an aerodrome;<\/p>\n d)\u00a0\u00a0\u00a0 within controlled airspace;<\/p>\n e)\u00a0\u00a0\u00a0 within restricted airspace;<\/p>\n f)\u00a0\u00a0\u00a0\u00a0 over or within a forest fire area, or any area that is located within 9 km of a forest fire area;<\/p>\n g)\u00a0\u00a0\u00a0 over or within the security perimeter of a police or first responder emergency operation site;<\/p>\n h)\u00a0\u00a0\u00a0 over or within an open-air assembly of persons;<\/p>\n i)\u00a0\u00a0\u00a0\u00a0\u00a0 at night; or<\/p>\n j)\u00a0\u00a0\u00a0\u00a0\u00a0 in cloud.<\/p>\n In addition, the Interim Order further prohibits pilots from operating more than one drone at a time.<\/p>\n Moreover, the Interim Order brings new changes with respect to a drone pilot\u2019s visual line-of-sight.[3]<\/a> The Interim Order provides that all persons operating drones must ensure they are operated within their visual line-of-sight at all times during the flight. Additionally, pilots are prohibited from operating their drones at a lateral distance of more than 1640 feet (500 m) from the pilot\u2019s location. Pilots who have previously relied on camera attachments to operate their drones should be aware that they can now only do so as long as the drone is within 500m of their current position and within their visual line-of-sight, meaning that they must be able to see it with their own eyes at all times.<\/p>\n Finally, the Interim Order also brings new requirements with respect to the pilot\u2019s contact information. The order specifies that all drones must clearly display the owner\u2019s name, address, and telephone number. Owners will not be permitted to operate or allow others to operate their drone without first complying with this section.<\/p>\n Although you may not need special permission from Transport Canada to operate your drone if it complies with the definitions above, it is still important to follow the basic safety rules as described in the Interim Order to minimize the risk of danger to yourself and others and to avoid potential fines of up to $3,000.00 for individuals and $15,000.00 for corporations.<\/p>\n The Interim Order is significantly more restrictive than the regime it replaces. Recreational drone operators are well advised to familiarize themselves with this new regime.<\/p>\n Rob Kinghan is a Partner and Head of the Business Law Group at Perley-Robertson, Hill & McDougall. He can be reached at<\/em>\u00a0rkinghan@perlaw.ca<\/a> or at 613.566.2848.<\/em><\/p>\n Paul Lalonde is an Articling Student with the firm and can be reached at plalonde@perlaw.ca<\/a>.\u00a0\u00a0<\/em><\/p>\n
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