#6 - Drones and The Rules!

This summer, Jeneric was retained to map a plot of land at an industrial facility using our DJI Mavic 3 Multi-Spectral drone system. There was a problem with our proposed operating area. We were restricted from flying over a building because of safety concerns that the drone might suddenly fall out of the sky and cause damage to sensitive equipment on the roof. We were not able to collect a complete data set for our client. This reaction is typical as owners and operators of property / facilities often have a poor understanding of the rules that govern drone operations in Canada. Modern commercial drones are not toys but aircraft systems governed by Transport Canada (TC). This blog is an attempt to explain the drone rules in a clear language.

To start, only the Government of Canada (GoC) owns airspace. No one else does. If one examines the classes of airspace, one might see something like a Class F extends from surface to 15,000 ft. The key word here is 'surface'. Technically, that first cm above your facility roof top or gravel pad is not yours to control who can fly in it. You do control who can access the property, and if a drone can be launched or be retrieved from your property, but you can't control who flies over it. And because the GoC owns the airspace, they are the only ones that sets the rules on who and what can operate in this space. They do this in three ways - airspace designation, certification of pilots and registration of aircraft.

All drone aviation is controlled by TC under the Aeronautics Act and more specifically by the Canadian Aviation Regulations (CAR) Part IX - Remotely Piloted Aircraft Systems. Drone operations occuring inside a building or underground are not regulated by the CAR, but if that drone is outside, the CAR regulates the operation. To provide guidance, TC issues the Aeronautical Information Manual (AIM) with the goal to provide flight crews with a single source of information on rules and procedures for aircraft operation in Canadian airspace. TC may issue NOTAMs (Notice to Airman) that informs pilots of changes to a procedure or restricts an area to flight. A NOTAM would be issued around an important meeting like a G7 Summit restricting all aircraft from approaching the meeting site or around a large areas of wildfires. NOTAMs are often temporary and are specific to an area.

Within Canada and for drone operations, GoC has placed the following sites as no fly areas (no overflight) unless specific permissions have been obtained:

• Key Government property - e.g., Parliament in Ottawa

• Federal Prisons

• Military Bases and Training Areas

• Federal Parks

Provincial and Municipal authorities often have regulations and by-laws that restrict the use of their property as launch/retrieve areas, unless prior permission has been granted. Over flights are allowed.

Drones must be registered with TC based on their weight (less than 250 grams - not required to register). Once registered, a 'registration number' is issued and that must be displayed on the drone. The registration certificate will inform the operator of any restrictions based on the drone model such as proximity to non-participants of a flight (i.e., the public). So like any other manned aircraft, drones follow similar rules and regulations.

To operate a drone that is greater than 249 grams, a TC pilot certificate is required. There are two levels of qualification, basic and advance. The certificate clearly outlines the requirements of the pilot, the operating rules, the drone and the safe distances allowed. Drone operators are subject to penalties should these rules are violated, just like any other aircraft pilots.

In Canada, there are two levels of pilot certificates. A basic pilot certificate allows the user to fly primarily in Class G and in Class F (advisory) airspace. Class G is the 'uncontrolled' or general airspace usually from surface to 18,000 ft. However, drone operations can only extend to 400 ft above ground without special approval. If one wishes to fly higher, a Special Flight Operations Certificate (SFOC) issued by TC is required. Bu basic pilots are ineligible to apply for a SFOC.

Class F - advisory is the other common class of airspace that basic drone pilots can fly in. Class F - advisory just means that other low level flight operations are approved for this airspace and the operator should be cautious while flying. This could include gliding, parachuting or flight training. In all cases, everything else has the 'right of way'.

The big restriction on a basic pilot are the areas surrounding airports or a heliport. Basic operators cannot operate legally within 3 nautical miles (nm) of an airport or 1 nm of a heliport. Heliports are often associated with medical facilities such as hospitals.

Advanced pilots are allowed to fly within these restricted areas and in other classes of airspace but with preauthorized approvals. This could include an approval from Nav Canada, a Prior Permission Request from a military aerodrome or a SFOC. The advanced pilot training package covers off when these are required and how to apply. Each proposed flight will have different safety issues. SFOC's may take up to 30 days to be issued. Your drone operator should be able to explain what approvals are required and how long an approval may take.

Regardless of the type of pilot certificate, no drones can operate within 5 nm of a wildfire, nor over an police/fire emergency without direct approval from the incident commander or their designated authority. This makes sense as aircraft supporting those operations will often appear without warning and at low flight levels - water bombers and air ambulances are examples. Wildfire officials have unfortunately called off water bombers because of unauthorized drone activity in the area. If a drone operator is caught operating in these areas, significant fines will be levied.

In conclusion, owners and operators who use qualified drone service providers should be confident that their pilots are trained, competent and knowledgeable about TC's legislation and regulations, that the drones are registered and maintained in accordance with TC regulations and that all necessary permissions and flight approvals have been received. If you are ok with a Cessna 172 flying over your building at 1,500 ft with a pilot that you have never met, you should be just as comfortable with a DJI Mavic 3 Enterprise drone flying over at 150 ft with the pilot standing next to you.