Kathryn McCulloch, Author at Drone Law Canada

EVENT: Drones on the agenda at the IATA Legal Symposium 2019 (Rome, Italy)

Posted on February 25, 2019 By Kathryn McCulloch
Categories: Events

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.

BREAKING NEWS: Official Drone Regulations Released by Transport Canada (Jan 9, 2019)

Posted on January 9, 2019 By Kathryn McCulloch
Categories: Regulations

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.

Transport Canada Provides Insight into Changes to Drone Regulations and Confirms 2018 Release

Posted on November 5, 2018 By Kathryn McCulloch
Categories: Commentary, Regulations

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.

Judge Convicts and Fines Canadian for Flying Drone Near Airport

Posted on October 29, 2018 By Kathryn McCulloch
Categories: Commentary, Legislations, Regulations

On October 26, 2018, a Canadian man was convicted and fined for operating his drone within 30 feet of the approach path at the airport in Yellowknife, Northwest Territories (Airport Station Code: YZF).

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”).

EVENT: Unmanned Canada Conference and Trade Show, October 30 – November 1, 2018 (Vancouver, BC)

Posted on October 22, 2018 By Kathryn McCulloch
Categories: Events

Unmanned Canada presents their 16^th annual conference and trade show, “Unmanned Canada: Innovating Canada by Air, Land & Sea” on October 30 – November 1, 2018 in Vancouver, British Columbia. The three day event will bring together industry experts and participants to explore themes and issues critical to the development of the unmanned industry in Canada.

As described by Unmanned Canada:

“This will be Canada’s premiere Unmanned Systems event focusing on sharing new technologies, policies and best practices shaping the aerial, marine and land-based unmanned vehicle sector.

Get the latest updates directly from Transport Canada’s UAS Task Force regarding changes in commercial regulations, pilot qualifications, and compliant equipment requirements.

“Near Miss” Between a Commercial Airliner and a Drone in Vancouver

Posted on September 27, 2018 By Kathryn McCulloch
Categories: Uncategorized

Commercial airline pilots do not anticipate drone traffic in flight or on approach into Canada’s airports. However, drone sightings by commercial aircraft are more and more frequent. On September 21, 2018, a drone was spotted by an Air Canada Jazz crew at approximately 7,000 AGL (above ground level) when the aircraft was on approach into Vancouver International Airport (YVR). Though the drone did not make contact with the aircraft and the aircraft was not forced to alter or abort its approach, the presence of drones at altitudes well exceeding the permitted flight ceilings and near airports is cause for grave concern.

It’s all about the copyright – why managing the copyright of creative works captured by drone should be top priority

Posted on June 21, 2018 By Kathryn McCulloch
Categories: Articles, Legislations, Uncategorized

The latest tool in a marketer’s toolbox – footage, stills and sound recordings captured by drone.

While so much time and effort goes into the creative process when shooting stills, sound recordings or action footage for marketing materials and other commercial uses, who owns the copyright to the stills, recordings and footage captured by the drone? While most would assume that it is the customer (the party paying for the work product), Canadian copyright law says otherwise.

In Canada, the general rule is that the drone pilot capturing the work product is the presumptive first owner of the copyright. The circumstances where this general rule governs (and where it does not) are discussed below.

EVENT: Is the drone operator you hired an employee? Seminar on employment law implications for companies hiring drone services operators

Posted on May 17, 2018 By Kathryn McCulloch and Rachel Kattapuram
Categories: Events

Using drones as part of your business is a milestone. From a legal perspective, the classification of drone operators hired by your business matters – are they independent contractors or employees? Generally, a business has greater obligations to an employee than an independent contractor.

On May 25, 2018, we will be presenting at the Dentons’ Labour, Employment and Pensions group seminar on the legal and financial implications of classifying a drone operator as an independent contractor or an employee of your business.

You are invited to join us at this highly-anticipated and complimentary half-day seminar on emerging workplace and human resources issues.

Mining Industry Puts Drones to Work – Legal Considerations for Flying Drones in Mining in Canada and Abroad

Posted on May 8, 2018 By Kathryn McCulloch
Categories: Articles

Mining companies (in Canada and abroad) are incorporating the use of drones into daily operations to perform tasks that are inefficient, impractical, or unsafe for human operators. Common tasks for drones include monitoring environmental and weather conditions, conducting geophysical surveys, identifying hazardous situations and warning against intruders on-site.

Legal Considerations

The legal considerations for Canadian production and exploration mining companies operating in Canada and abroad are numerous. Not only are companies required to adhere to the regulatory requirements to operate within a given jurisdiction (provided that the foreign jurisdiction allows for the use of drones), careful consideration should be paid to export and import controls when taking drones across international borders.

Canadian National Parks are No Place for Your Drone

Posted on April 16, 2018 By Kathryn McCulloch
Categories: Commentary, Regulations

Even though spring will soon be here, packing your drone up with your camping gear or picnic supplies for a trip through one of Canada’s national parks is still a no-go.

Parks Canada prohibits the recreational flight of drones in Canada’s national parks. Drone flight within the parks is cited as a potential source of danger for wildlife and visitors, according to the Parks Canada website.

Non-recreational use is permitted in some circumstances; it requires the advanced permission of the Parks Canada Field Unit Superintendent, as well as adherence to the requirements for drone flight set out in the Canadian Aviation Regulations.