The latest information and developments in drone regulations and the drone industry.
Kathryn McCulloch, partner at Dentons Canada, joined a panel of experts from around the globe and spoke about regulatory hurdles faced in Canada, operational safety and the impact that drones and new model air transport services have on airspace management at the IATA Legal Symposium in Rome.
Few judicial decisions exist in Canada relating to the operation of drones or remotely piloted aircraft systems (RPAS). In R v. Shah, the Provincial Court of Alberta released its decision on the first reported case on drones in Canada. Although the key charging section in this case has since been revised, and this case was decided before the most current regulations came into force, the decision in Shah offers valuable insight into the unique risk factors associated with drone operations. The discussion in Shah has significant implications relating to airspace safety as drones continue to integrate into Canada’s airspace.
To see our full case comment, click here.
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The final version of Canada’s new regulations for visual-line-of-sight operations for drones weighing between 250g and 25kg, were introduced by Transport Canada in January 2019. These regulations constitute significant revisions to the proposed version of the regulations that were prepared and released in July 2017 (a summary of the proposed version can be found here). The new Part IX to the Canadian Aviation Regulations (CARs) mostly come into force on June 1, 2019.
It was high time to update Canada’s drone regulations. Transport Canada acknowledged this need in the Regulatory Impact Statement accompanying the regulations, noting that “…the existing Canadian Aviation Regulations (CARs) do not provide a regulatory framework that promotes the economic potential of RPAS nor does it contain modern, risk- and performance-based regulations that can uphold aviation safety.”
Key features of the new regulations
Transport Canada’s stated objectives for the new regulations are to i) create regulatory predictability for business, and ii) reduce the risk to aviation safety caused by drones.
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As the number of drone sightings near airports continue to mount (London Gatwick, Newark, Dubai, and now, Dublin), airlines and airports are increasingly concerned with ensuring operational safety and efficiency. Regulators share the desire for operational safety, but are also charged with creating rules that allow drones to fly within our current airspace management system and promoting an environment to encourage technological advances.
These issues are all on the docket at this year’s International Air Transport Association’s (IATA) Legal Symposium in Rome, Italy, “Into the Future”, a legal conference that tackles issues facing the airlines, airports and the aviation industry as a whole.
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After much anticipation, Transport Canada announced the official drone regulations at a press conference this morning in Montreal, Quebec. Embracing the nomenclature change to refer to drones as “remotely piloted aircraft systems”, the official regulations reflect many changes to the laws in Canada for drones weighing between 250g and 25kg. Most of these new laws, including those described in our earlier blog post, will come into force and effect starting June 1, 2019.
The full text of the official regulations has been published in the Canada Gazette, Part II, and can be found here. A fulsome summary and highlights of the official regulations will follow shortly.
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Transport Canada recently provided industry leaders with a preview of the final version of the official regulations for small drones (250g-25kg) operated within visual line-of-sight. Since the proposed text of the regulations was released in July 2017, Canadians have been eagerly awaiting the final version. At the 2018 Unmanned Systems Canada Conference, Transport Canada representatives revealed the key changes that will be reflected in the official text of the regulations (upon their release at some point in 2018).
Over the last year, Transport Canada consulted with stakeholders in the RPAS industry and the Canadian public regarding the proposed text of the regulations.
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Toufic Chamas was convicted under s. 77(e) of the Criminal Code of Canada for endangering aviation safety near an airport through the operation of a drone and was fined $3,000. According to the Royal Canadian Mounted Police, and as reported by the CBC, this is the first drone-related conviction of its kind under the Criminal Code of Canada.
Mr. Chamas’ sentence for the
drone offence was jointly recommended by the prosecution and the accused to the presiding judge (known as a “joint submission”).
