EXEMPTION FROM SECTIONS 602.41 AND 603.66 OF THE CANADIAN AVIATION REGULATIONS
Pursuant to Subsection 5.9(2) of the Aeronautics Act, and after having determined that the exemption is in the public interest and is not likely to adversely affect aviation safety, I hereby exempt persons conducting flight operations utilizing unmanned air vehicles (UAVs) with a maximum take-off weight exceeding 2 kilograms but not exceeding 25 kilograms, with a maximum calibrated airspeed of 87 knots or less, operated within visual line-of-sight from the requirements of sections 602.41 and 603.66 of the Canadian Aviation Regulations (CARs), subject to the conditions set out below.
Excerpts from the CARs are included in Appendix A.
INTERPRETATION
For the purpose of this exemption:
Autonomous - means the ability to execute processes or missions using onboard decision making capabilities. An autonomous UAV system is not designed to permit crew member intervention.
Command and Control Link – means the data link between the UAV and the control station for the purposes of managing the flight
Control Station – means the facilities and/or equipment remote from the UAV from which the aircraft is controlled and/or monitored.
First Person View (FPV) Device – means a device that generates and transmits a streaming video image to a control station display or monitor giving the pilot who is viewing this video, the illusion of actually flying the UAV from an onboard pilot’s perspective.
Flight Termination System - means the system that, upon initiation, terminates the flight of a UAV in a manner so as not to cause significant damage to property or severe injury to persons on the ground.
Fly-away - means an interruption or loss of the command and control link where the pilot is unable to affect control of the UAV and the aircraft is longer following its preprogrammed procedures resulting in the UAV not operating in a predictable or planned manner.
Lost Link - means the loss of command and control link contact with the UAV such that the pilot can no longer manage the aircraft’s flight.
UAV Operator - means the person that has possession of the UAV system, as owner, lessee or otherwise.
UAV System – means a set of configurable elements consisting of an unmanned air vehicle, its associated control station(s), the required command and control links and any other elements as may be required, at any point during flight operation.
Visual line-of-sight (VLOS) - means unaided (corrective lenses and/or sunglasses exempted) visual contact with the UAV sufficient to be able to maintain operational control of the aircraft, know its location, and be able to scan the airspace in which it is operating to decisively see and avoid other air traffic or objects.
Visual Observer - means a trained crew member, in visual line-of-sight of the UAV, who assists the pilot in the duties associated with collision avoidance and complying with the applicable rules of flight.
PURPOSE
This exemption relieves persons conducting non-recreational UAV system operations utilizing a UAV with a maximum take-off weight exceeding 2kgs but not exceeding 25kgs, operated within visual line-of-sight from the requirement to obtain a Special Flight Operations Certificate (SFOC) as required by sections 602.41 and the requirement to comply with the conditions of an SFOC as required by section 603.66 of the CARs.
The exemption will permit non-recreational UAVs with a maximum take-off weight exceeding 2kgs but not exceeding 25kgs and with maximum calibrated airspeed of 87 knots or less to be operated away from built-up areas, airspace, controlled aerodromes, forest fire areas and other restricted locations. The exemption includes conditions which address the need for the safe and responsible use of certain UAV systems.
UAV operations conducted outside the terms and conditions of this exemption will be subject to the requirements for an SFOC.
APPLICATION
This exemption applies to any person conducting UAV system operations within Canadian Domestic Airspace utilizing a UAV with a maximum take-off weight exceeding 2kgs but not exceeding 25kgs operated within visual line-of-sight.
This exemption does not apply to:
a.Operations of model aircraft;
b.Operations of an Autonomous UAV; or
c.Operations by a foreign UAV operator.
CONDITIONS
General Conditions
1.Any person conducting operations under this exemption shall conduct a safe operation and shall not pose a risk to aviation safety.
2.Any person operating under this exemption shall not operate a UAV system in such a reckless or negligent manner so as to endanger or be likely to endanger the life or property of any person.
3.Any person conducting operations under this exemption shall be a minimum of 18 years of age.
4.Any person conducting operations under this exemption shall subscribe for liability insurance covering risks of public liability at the levels described in subsection 606.02 (8) of the Canadian Aviation