Interim Order No. 8 Respecting the Use of Model Aircraft

Whereas the annexed Interim Order No. 8 Respecting the Use of Model Aircraft is required to deal with a significant risk, direct or indirect, to aviation safety or the safety of the public;

Whereas the provisions of the annexed Interim Order No. 8 Respecting the Use of Model Aircraft may be contained in a regulation made pursuant to
section 4.9Footnote a, paragraphs 7.6(1)(a)Footnote b and (b)Footnote c and section 7.7Footnote d of Part I of the Aeronautics ActFootnote e;

And whereas, pursuant to subsection 6.41(1.2)Footnote f of the Aeronautics ActFootnote e, the Minister of Transport has consulted with the persons and organizations that the Minister considers appropriate in the circumstances before making the annexed Interim Order No. 8 Respecting the Use of Model Aircraft;

Therefore, the Minister of Transport, pursuant to subsection 6.41(1)Footnote f  of the Aeronautics ActFootnote e, makes the annexed Interim Order No. 8 Respecting the Use of Model Aircraft.

Ottawa, June 16, 2017

Le ministre des Transports,
Marc Garneau
Minister of Transport

Interim Order No. 8 Respecting the Use of Model Aircraft

Interpretation

Definitions

1 (1)  The following definitions apply in this Interim Order.

model aircraft means an aircraft, including an unmanned aircraft commonly known as a drone, the total weight of which does not exceed 35 kg (77.2 pounds), that is mechanically driven or launched into flight for recreational purposes and that is not designed to carry persons or other living creatures. (modèle réduit d’aéronef)

area of natural hazard or disaster means an area affected by an extreme natural event such as a flood, hurricane, storm surge, tsunami, avalanche, landslide, tornado, forest fire or earthquake. (région touchée par des aléas naturels ou une catastrophe)

Regulations means the Canadian Aviation Regulations. (Règlement)

restricted airspace means airspace of fixed dimensions that is so specified in the Designated Airspace Handbook and within which the flight of an aircraft is restricted in accordance with conditions specified in that Handbook, or airspace that is restricted under section 5.1 of the Act. (espace aérien réglementé)

unmanned air vehicle means a power-driven aircraft, other than a model aircraft, that is designed to fly without a human operator on board. (véhicule aérien non habité)

visual line-of-sight or VLOS means unaided visual contact with an 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 to sense and avoid other aircraft or objects. (visibilité directe ou VLOS)

Interpretation

(2) Unless the context requires otherwise, all other words and expressions used in this Interim Order have the same meaning as in the Regulations.

Conflict between Interim Order and Regulations

(3) In the event of a conflict between this Interim Order and the Regulations, the Interim Order prevails.

Designated Provisions

Designation

2 (1) The designated provisions set out in column I of the schedule are designated as provisions the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2 of the Act.

Maximum Amounts

(2) The amounts set out in column II of the schedule are the maximum amounts of the penalty payable in respect of a contravention of the designated provisions set out in column I.

Notice

(3) A notice referred to in subsection 7.7(1) of the Act must be in writing and must specify

  1. (a) the particulars of the alleged contravention;
  2. (b) that the person on whom the notice is served or to whom it is sent has the option of paying the amount specified in the notice or filing with the Tribunal a request for a review of the alleged contravention or the amount of the penalty;
  3. (c) that payment of the amount specified in the notice will be accepted by the Minister in satisfaction of the amount of the penalty for the alleged contravention and that no further proceedings under Part I of the Act will be taken against the person on whom the notice in respect of that contravention is served or to whom it is sent;
  4. (d) that the person on whom the notice is served or to whom it is sent will be provided with an opportunity consistent with procedural fairness and natural justice to present evidence before the Tribunal and make representations in relation to the alleged contravention if the person files a request for a review with the Tribunal; and
  5. (e) that the person on whom the notice is served or to whom it is sent will be considered to have committed the contravention set out in the notice if they fail to pay the amount specified in the notice and fail to file a request for a review with the Tribunal within the prescribed period.

Application

Recreational Purposes

3 (1) Subject to subsection (2), this Interim Order applies in respect of model aircraft having a total weight of more than 250 g (0.55 pounds) but not more than 35 kg (77.2 pounds).

(2) It does not apply to

  1. unmanned air vehicles; and
  2. model aircraft operated at events organized by the Model Aeronautics Association of Canada (MAAC) or at airfields located in a zone administered by MAAC or a MAAC club.

Suspended Provision Of Regulations

Prohibited Use

4 The effect of section 602.45 of the Regulations is suspended in respect of the model aircraft referred to in subsection 3(1).

Model Aircraft Operating and Flight Provisions

Prohibitions

(5) (1) No person shall operate a model aircraft

  1. (a) at an altitude greater than 300 feet AGL;
  2. (b) within controlled airspace;
  3. (c) within restricted airspace;
  4. (d) over or within the security perimeter of a police or first responder emergency operation site;
  5. (e) over or within an open-air assembly of persons;
  6. (f) at night; or
  7. (g) in cloud.

(2)  No person shall operate more than one model aircraft at a time.

(3)  No person shall operate a model aircraft having a total weight of more 250 g (0.55 pounds) but not more than 1 kg (2.2 pounds) at a lateral distance of less 100 feet (30 m) from vehicles, vessels or the public, including spectators, bystanders or any person not associated with the operation of the aircraft.

(4)  No person shall operate a model aircraft having a total weight of more 1 kg (2.2 pounds) but not more than 35 kg (77.2 pounds) at a lateral distance of less 250 feet (75 m) from vehicles, vessels or the public, including spectators, bystanders or any person not associated with the operation of the aircraft.

(5)  No person shall operate a model aircraft

  1. (a) within 3 nautical miles (5.5 km) of the centre of an aerodrome, except a heliport or an aerodrome that is used exclusively by helicopters;
  2. (b) within 1 nautical mile (1.8 km) of a heliport or an aerodrome that is used exclusively by helicopters; or
  3. (c) inside an aerodrome control zone.

(6)  No person shall operate a model aircraft

  1. (a) over or within an area of natural hazard or disaster; or
  2. (b) any area that is located within 9 km of an area of natural hazard or disaster.

Right of Way

6 A person operating a model aircraft must give way to manned aircraft at all times.

Visual Line-of-Sight

7 (1) A person operating a model aircraft must ensure that it is operated within VLOS at all times during the flight.

(2) No person shall operate a model aircraft at a lateral distance of more than 1640 feet (500 m) from the person’s location.

Contact Information

8 The owner of a model aircraft shall not operate or permit a person to operate the aircraft unless the name, address and telephone number of the owner are clearly made visible on the aircraft.

SCHEDULE

(Subsections 2(1) and (2))

Designated Provisions

Column I
Designated Provision

Column II
Maximum Amount of Penalty ($)
Individual

Corporation

Section 5

3,000

15,000

Section 6

3,000

15,000

Section 7

3,000

15,000

Section 8

3,000

15,000

Date modified: