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Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2024-10-30 and last amended on 2023-06-21. Previous Versions

Part IX — Remotely Piloted Aircraft Systems (continued)

Subpart 1 — Small Remotely Piloted Aircraft (continued)

Division V — Advanced Operations (continued)

Compliance with Air Traffic Control Instructions

 The pilot of a remotely piloted aircraft operating in controlled airspace under this Division shall comply with all of the air traffic control instructions directed at the pilot.

Operations at or in the Vicinity of an Airport or Heliport — Established Procedure

 No pilot shall operate a remotely piloted aircraft system under this Division if the aircraft is within three nautical miles from the centre of an airport or within one nautical mile from the centre of a heliport unless the operation is conducted in accordance with the established procedure with respect to the use of remotely piloted aircraft systems applicable to that airport or heliport.

[901.74 and 901.75 reserved]

Division VI — Advanced Operations — Requirements for Manufacturer

Manufacturer Declaration
  •  (1) For each model of remotely piloted aircraft system that is intended to conduct any of the operations referred to in subsection 901.69(1), the manufacturer shall provide the Minister with a declaration in accordance with subsection (2), except in the case of a model referred to in subsection 901.69(2) and that is intended to conduct any of the operations referred to in that subsection.

  • (2) The manufacturer’s declaration shall

    • (a) specify the manufacturer of the remotely piloted aircraft system, the model of the system, the maximum take-off weight of the aircraft, the operations referred to in subsection 901.69(1) that the aircraft is intended to undertake and the category of aircraft, such as a fixed-wing aircraft, rotary-wing aircraft, hybrid aircraft or lighter-than-air aircraft;

    • (b) indicate that the manufacturer

      • (i) declares that it meets the documentation requirements set out in section 901.78, and

      • (ii) has verified that the system meets the technical requirements set out in Standard 922 — RPAS Safety Assurance applicable to the operations referred to in subsection 901.69(1) for which the declaration was made.

  • (3) The manufacturer’s declaration is invalid if

    • (a) the Minister has determined that the model of remotely piloted aircraft system does not meet the technical requirements set out in the standard referred to in subparagraph (2)(b)(ii); or

    • (b) the manufacturer has notified the Minister of an issue related to the design of the model under section 901.77.

Notice to the Minister

 A manufacturer that has made a declaration to the Minister under section 901.76 shall notify the Minister of any issue related to the design of the model of remotely piloted aircraft system that results in the system no longer meeting the technical requirements set out in the standard referred to in subparagraph 901.76(2)(b)(ii), as soon as possible after the issue is identified.

Documentation

 A manufacturer that has made a declaration to the Minister in respect of a model of remotely piloted aircraft system under section 901.76 shall make available to each owner of that model of system

  • (a) a maintenance program that includes

    • (i) instructions related to the servicing and maintenance of the system, and

    • (ii) an inspection program to maintain system readiness;

  • (b) any mandatory actions the manufacturer issues in respect of the system; and

  • (c) a remotely piloted aircraft system operating manual that includes

    • (i) a description of the system,

    • (ii) the ranges of weights and centres of gravity within which the system may be safely operated under normal and emergency conditions and, if a weight and centre of gravity combination is considered safe only within certain loading limits, those limits and the corresponding weight and centre of gravity combinations,

    • (iii) with respect to each flight phase and mode of operation, the minimum and maximum altitudes and velocities within which the aircraft can be operated safely under normal and emergency conditions,

    • (iv) a description of the effects of foreseeable weather conditions or other environmental conditions on the performance of both the system and the pilot,

    • (v) the characteristics of the system that could result in severe injury to crew members during normal operations,

    • (vi) the design features of the system, and their associated operations, that are intended to protect against injury to persons not involved in the operations,

    • (vii) the warning information provided to the pilot in the event of a degradation in system performance that results in an unsafe system operation condition,

    • (viii) procedures for operating the system in normal and emergency conditions, and

    • (ix) assembly and adjustment instructions for the system.

Record-keeping
  •  (1) A manufacturer that has made a declaration to the Minister in respect of a model of remotely piloted aircraft system under section 901.76 shall keep, and make available to the Minister on request,

    • (a) a current record of all mandatory actions in respect of the system; and

    • (b) a current record of the results of, and the reports related to, the verifications that the manufacturer has undertaken to ensure that the model of the system meets the technical requirements set out in the standard referred to in subparagraph 901.76(2)(b)(ii) applicable to the operations for which the declaration was made.

  • (2) The manufacturer shall keep the records referred to in subsection (1) for the greater of

    • (a) two years following the date that manufacturing of that model of remotely piloted aircraft system permanently ceases, and

    • (b) the lifetime of the remotely piloted aircraft that is an element of the model of system referred to in paragraph (a).

[901.80 and 901.81 reserved]

Division VII — Requirements Related to Flight Review

Prohibition — Flight Reviewer

 No person shall perform the duties of a flight reviewer for the purposes of subparagraph 901.56(1)(b)(ii), paragraph 901.64(c) or subparagraph 901.65(1)(b)(ii) unless that person

  • (a) holds a pilot certificate — small remotely piloted aircraft (VLOS) — advanced operations endorsed with a flight reviewer rating under section 901.83; and

  • (b) is able to demonstrate that they are affiliated with a training provider that has made a declaration to the Minister in accordance with the requirements of section 921.05 of Standard 921 — Small Remotely Piloted Aircraft in Visual Line-of-Sight (VLOS).

Flight Reviewer Rating

 The Minister shall, on receipt of an application, endorse the applicant’s pilot certificate with a flight reviewer rating if the applicant demonstrates to the Minister that the applicant

  • (a) is at least 18 years of age;

  • (b) holds a pilot certificate — small remotely piloted aircraft (VLOS) — advanced operations issued under section 901.64 and meets the recency requirements set out in section 901.65;

  • (c) has held the certificate referred to in paragraph (b) for at least six months immediately before the date of application; and

  • (d) has successfully completed the examination “Remotely Piloted Aircraft Systems — Flight Reviewers” which is based on the standard entitled Knowledge Requirements for Pilots of Remotely Piloted Aircraft Systems, 250 g up to and including 25 kg, Operating within Visual Line-of-Sight (VLOS), TP 15263, published by the Minister and covers the subjects set out in section 921.03 of Standard 921 — Small Remotely Piloted Aircraft in Visual Line-of-Sight (VLOS).

Examination Rules

 No person shall commit an act referred to in paragraphs 901.58(a) to (c) in respect of an examination taken under paragraph 901.83(d).

Retaking of Examination

 A person who fails an examination taken under paragraph 901.83(d) is ineligible to retake the examination for a period of 24 hours after the examination.

Training Provider Requirements

 When a training provider has made a declaration to the Minister referred to in paragraph 901.82(1)(b), the provider shall

  • (a) submit to the Minister the name of any person that is affiliated with the provider and who intends to perform the duties of a flight reviewer;

  • (b) ensure that the person referred to in paragraph (a) conducts flight reviews in accordance with section 901.87; and

  • (c) if the person referred to in paragraph (a) ceases to be affiliated with the provider, notify the Minister of that fact within seven days after the day on which the affiliation ceases.

Conduct of Flight Reviews

 No person shall conduct a flight review for the purposes of subparagraph 901.56(1)(b)(ii), paragraph 901.64(c) or subparagraph 901.65(1)(b)(ii) unless the review is conducted in accordance with section 921.06 of Standard 921 — Small Remotely Piloted Aircraft in Visual Line-of-Sight (VLOS).

Subpart 2 — [Reserved]

Subpart 3 — Special Flight Operations — Remotely Piloted Aircraft Systems

Prohibition

 No person shall conduct any of the following operations using a remotely piloted aircraft system that includes a remotely piloted aircraft having a maximum take-off weight of 250 g (0.55 pounds) or more unless the person complies with the provisions of a special flight operations certificate — RPAS issued by the Minister under section 903.03:

  • (a) the operation of a system that includes a remotely piloted aircraft having a maximum take-off weight of more than 25 kg (55 pounds);

  • (b) the operation of a system beyond visual line-of-sight, as referred to in subsection 901.11(2);

  • (c) the operation of a system by a foreign operator or pilot who has been authorized to operate remotely piloted aircraft systems by the foreign state;

  • (d) the operation of a remotely piloted aircraft at an altitude greater than those referred to in subsection 901.25(1), unless the operation at a greater altitude is authorized under subsection 901.71(2);

  • (e) the operation of more than five remotely piloted aircraft at a time from a single control station, as referred to in subsection 901.40(2);

  • (f) the operation of a system at a special aviation event or at an advertised event, as referred to in section 901.41;

  • (g) the operation of a system when the aircraft is transporting any of the payloads referred to in subsection 901.43(1);

  • (h) the operation of a remotely piloted aircraft within three nautical miles of an aerodrome operated under the authority of the Minister of National Defence, as referred to in subsection 901.47(3); and

  • (i) any other operation of a system for which the Minister determines that a special flight operations certificate — RPAS is necessary to ensure aviation safety or the safety of any person.

Application for Special Flight Operations Certificate — RPAS

 A person who proposes to operate a remotely piloted aircraft system for any operation set out in section 903.01 shall apply to the Minister for a special flight operations certificate — RPAS with regard to that operation by submitting the following information to the Minister at least 30 working days before the date of the proposed operation:

  • (a) the legal name, trade name, address and contact information of the applicant;

  • (b) the means by which the person responsible for the operation or the pilot may be contacted directly during operations;

  • (c) the operation for which the application is made;

  • (d) the purpose of the operation;

  • (e) the dates, alternate dates and times of the operation;

  • (f) the manufacturer and model of the system, including three-view drawings or photographs of the aircraft and a complete description of the aircraft, including performance, operating limitations and equipment;

  • (g) a description of the safety plan for the proposed area of operation;

  • (h) a description of the emergency contingency plan for the operation;

  • (i) a detailed plan describing how the operation is to be carried out;

  • (j) the names, certificates, licences, permits and qualifications of the crew members, including the pilots and visual observers, and the remotely piloted aircraft system maintenance personnel;

  • (k) the instructions regarding the maintenance of the system and a description of how that maintenance will be performed;

  • (l) a description of weather minima for the operation;

  • (m) a description of separation and collision avoidance capability and procedures;

  • (n) a description of normal and emergency procedures for the operation;

  • (o) a description of air traffic control services coordination, if applicable; and

  • (p) any other information requested by the Minister pertinent to the safe conduct of the operation.

 

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