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Canadian Aviation Regulations (SOR/96-433)

Regulations are current to 2022-11-16 and last amended on 2022-03-06. Previous Versions

Part VIII — Air Navigation Services (continued)

Subpart 6 — Levels of Service

Interpretation

 In this Subpart,

aeronautical study

aeronautical study means a study designed to identify the risks to aviation safety attendant upon a particular course of action and to determine how to eliminate or reduce those risks; (étude aéronautique)

level of service

level of service means the type or nature of civil air navigation services provided to support safe and efficient aircraft operations, and includes the times at which the services are provided. (niveau de service)

Maintenance of Level of Service

  •  (1) Every person who provides a civil air navigation service shall, where the person proposes to terminate the service or to reduce the level of service that is provided, notify the Minister

    • (a) in the case of a proposal to terminate the service or to materially reduce the level of service, at least 60 days before the termination or reduction; and

    • (b) in all other cases, as far in advance of the reduction as reasonably practicable.

  • (2) On receipt of a notice referred to in subsection (1) from the ANS Corporation, the Minister may request the ANS Corporation to conduct an aeronautical study for the purpose of demonstrating that the risk to aviation safety would not be unacceptably increased by the proposed termination or reduction in the level of service.

  • (3) Where the Minister requests the ANS Corporation to conduct an aeronautical study pursuant to subsection (2), the ANS Corporation shall not implement the proposed termination or reduction in the level of service until the Minister has been provided with a copy of the study and has had a reasonable opportunity to review it.

  • (4) Where, after reviewing an aeronautical study conducted pursuant to subsection (2), the Minister is of the opinion that an unacceptable risk to aviation safety would result from the proposed termination or reduction in the level of service, the Minister may, by order, direct the ANS Corporation to maintain its level of service in accordance with the terms and conditions specified in the order.

Increase in Level of Service

 Where, after conducting an aeronautical study or reviewing an aeronautical study conducted by another person or organization, the Minister is of the opinion that the level of service provided by the ANS Corporation should be increased in the interests of aviation safety, the Minister may, by order, direct the ANS Corporation to increase its level of service in accordance with the terms and conditions specified in the order.

[806.04 to 806.08 reserved]

Subpart 7 — Aviation Occurrences

Reporting of Aviation Occurrences

 The holder of an ATS operations certificate shall report to the Minister any aviation occurrence information specified in the CADORS Manual in accordance with the criteria and reporting procedures specified in that manual.

[807.02 to 807.06 reserved]

Part IX — Remotely Piloted Aircraft Systems

Division I — General Provisions

Interpretation

 The following definitions apply in this Part.

autonomous

autonomous means, in respect of a remotely piloted aircraft system, that the system is not designed to allow pilot intervention in the management of a flight. (autonome)

command and control link

command and control link means the data link between a remotely piloted aircraft and a control station that is used in the management of a flight. (liaison de commande et de contrôle)

control station

control station means the facilities or equipment that are remote from a remotely piloted aircraft and from which the aircraft is controlled and monitored. (poste de contrôle)

detect and avoid functions

detect and avoid functions means the capability to see, sense or detect conflicting air traffic or other hazards and take the appropriate action. (fonctions de détection et d’évitement)

first-person view device

first-person view device means a device that generates and transmits a streaming video image to a control station display or monitor, giving the pilot of a remotely piloted aircraft the illusion of flying the aircraft from an on-board pilot’s perspective. (dispositif de vue à la première personne)

flight termination system

flight termination system means a system that, on activation, terminates the flight of a remotely piloted aircraft. (système d’interruption du vol)

fly-away

fly-away means, in respect of a remotely piloted aircraft, an interruption or loss of the command and control link such that the pilot is no longer able to control the aircraft and the aircraft no longer follows its preprogrammed procedures or operates in a predictable or planned manner. (dérive)

mandatory action

mandatory action means the inspection, repair or modification of a remotely piloted aircraft system that the manufacturer of the system considers necessary to prevent an unsafe or potentially unsafe condition. (mesure obligatoire)

payload

payload means a system, an object or a collection of objects that is on board or is otherwise connected to a remotely piloted aircraft but that is not required for flight. (charge utile)

visual line-of-sight

visual line-of-sight or VLOS means unaided visual contact at all times with a remotely piloted aircraft that is sufficient to be able to maintain control of the aircraft, know its location, and be able to scan the airspace in which it is operating in order to perform the detect and avoid functions in respect of other aircraft or objects. (visibilité directe ou VLOS)

visual observer

visual observer means a trained crew member who assists the pilot in ensuring the safe conduct of a flight under visual line-of-sight. (observateur visuel)

Application

 This Part applies in respect of the operation of remotely piloted aircraft systems.

 [Repealed, SOR/2019-11, s. 25]

 [Reserved, SOR/2019-11, s. 23]

[900.03 to 900.05 reserved]

Division II — General Prohibition

Reckless or Negligent Operation

 No person shall operate a remotely piloted aircraft system in such a reckless or negligent manner as to endanger or be likely to endanger aviation safety or the safety of any person.

Subpart 1 — Small Remotely Piloted Aircraft

Division I — General Provision

Application

 This Subpart applies in respect of the operation of remotely piloted aircraft systems that include small remotely piloted aircraft.

Division II — Registration of Remotely Piloted Aircraft

Registration

 No person shall operate a remotely piloted aircraft system unless the remotely piloted aircraft is registered in accordance with this Division.

Registration Number

 No pilot shall operate a remotely piloted aircraft system unless the registration number issued in accordance with section 901.05 is clearly visible on the remotely piloted aircraft.

Qualifications To Be Registered Owner of a Remotely Piloted Aircraft
  •  (1) Subject to subsection (2), a person is qualified to be the registered owner of a remotely piloted aircraft if they are

    • (a) a citizen of Canada;

    • (b) a permanent resident of Canada;

    • (c) a corporation incorporated under the territorial, provincial or federal laws of Canada; or

    • (d) a municipal, provincial or federal entity.

  • (2) No individual is qualified to be the registered owner of a remotely piloted aircraft unless that individual is at least 14 years of age.

Registration Requirements
  •  (1) The Minister shall, on receipt of an application submitted in accordance with subsection (2), register a remotely piloted aircraft if the applicant is qualified to be the registered owner of the aircraft.

  • (2) The application shall include the following information:

    • (a) if the applicant is an individual,

      • (i) the applicant’s name and address,

      • (ii) the applicant’s date of birth, and

      • (iii) an indication as to whether the applicant is a Canadian citizen or permanent resident of Canada;

    • (b) if the applicant is incorporated,

      • (i) the entity’s legal name and address, and

      • (ii) the name and title of the person making the application;

    • (c) if the applicant is Her Majesty in right of Canada or a province,

      • (i) the name of the government body, and

      • (ii) the name and title of the person making the application;

    • (d) an indication as to whether the aircraft was purchased or built by the applicant;

    • (e) the date of purchase of the aircraft by the applicant, if applicable;

    • (f) the manufacturer and model of the aircraft, if applicable;

    • (g) the serial number of the aircraft, if applicable;

    • (h) the category of aircraft, such as a fixed-wing aircraft, rotary-wing aircraft, hybrid aircraft or lighter-than-air aircraft;

    • (i) the maximum take-off weight of the aircraft; and

    • (j) any Canadian registration number previously issued in respect of the aircraft.

  • (3) When the Minister registers a remotely piloted aircraft, the Minister shall issue to the registered owner of the aircraft a certificate of registration that includes

    • (a) a registration number;

    • (b) the serial number of the aircraft, if applicable; and

    • (c) if the manufacturer has made a declaration in accordance with section 901.76 in respect of the model of remotely piloted aircraft system of which the aircraft is an element, the operations referred to in subsection 901.69(1) for which the declaration was made.

Register of Remotely Piloted Aircraft

 The Minister shall establish and maintain a register of remotely piloted aircraft, in which there shall be entered, in respect of each aircraft for which a certificate of registration has been issued under section 901.05,

  • (a) the name and address of the registered owner;

  • (b) the registration number referred to in paragraph 901.05(3)(a); and

  • (c) such other particulars concerning the aircraft as the Minister determines necessary for registration of the remotely piloted aircraft.

Cancellation of Certificate of Registration
  •  (1) Every registered owner of a remotely piloted aircraft shall, within seven days after becoming aware that any of the following events has occurred, notify the Minister in writing that

    • (a) the aircraft is destroyed;

    • (b) the aircraft is permanently withdrawn from use;

    • (c) the aircraft is missing and the search for the aircraft is terminated;

    • (d) the aircraft has been missing for 60 days or more; or

    • (e) the registered owner has transferred legal custody and control of the aircraft.

  • (2) When an event referred to in subsection (1) has occurred, the certificate of registration in respect of the remotely piloted aircraft is cancelled.

  • (3) The certificate of registration of a remotely piloted aircraft is cancelled when

    • (a) a registered owner of the aircraft dies;

    • (b) an entity that is a registered owner of the aircraft is wound up, dissolved or amalgamated with another entity; or

    • (c) a registered owner ceases to be qualified to be a registered owner under section 901.04.

  • (4) For the purposes of this Division, an owner has legal custody and control of a remotely piloted aircraft when the owner has complete responsibility for the operation and maintenance of the remotely piloted aircraft system of which the aircraft is an element.

Change of Name or Address

 The registered owner of a remotely piloted aircraft shall notify the Minister in writing of any change in the name or address of the registered owner by not later than seven days after the change.

Access to Certificate of Registration

 No pilot shall operate a remotely piloted aircraft system unless the certificate of registration issued in respect of the remotely piloted aircraft is easily accessible to the pilot for the duration of the operation.

[901.10 reserved]

Division III — General Operating and Flight Rules

Visual Line-of-sight
  •  (1) Subject to subsection (2), no pilot shall operate a remotely piloted aircraft system unless the pilot or a visual observer has the aircraft in visual line-of-sight at all times during flight.

  • (2) A pilot may operate a remotely piloted aircraft system without the pilot or a visual observer having the aircraft in visual line-of-sight if the operation is conducted in accordance with a special flight operations certificate — RPAS issued under section 903.03.

Prohibition — Emergency Security Perimeter
  •  (1) No pilot shall operate a remotely piloted aircraft over or within the security perimeter established by a public authority in response to an emergency.

  • (2) Subsection (1) does not apply to the operation of a remotely piloted aircraft for the purpose of an operation to save human life, a police operation, a fire-fighting operation or other operation that is conducted in the service of a public authority.

 
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