Introduction

The use of aircraft in Canadian airspace is regulated by Transport Canada. The Canadian Aviation Regulations (CARs) set out the legal requirements for flying drones in Canada.

As of June 2019, Transport Canada classifies drones into three categories based on their take-off weight :

Category 1: Drone weighing less than 250 grams
Category 2: Drone weighing between 250 grams and 25 kilograms
Category 3: Drone weighing over 25 kilograms

Consequently, the regulations governing drone piloting in Canada depend on the weight of the aircraft you wish to fly. In the following sections, we'll outline the regulations for each category of drone.

Summary of regulations applicable to drones weighing less than 250 g

Although most of the articles in the CARs concern small RPAs (250 g ≤ weight ≤ 25 kg), a pilot of a micro RPA (weight < 250 g) must still comply with certain rules.

As mentioned in article 900.06 of the CARs, a pilot must ensure that he does not operate their drone in a reckless or negligent manner as to endanger or be likely to endanger aviation safety or the safety of any person. This section of the CARs applies to all drone categories, including micro RPAs. A pilot found guilty of compromising air safety or the safety of persons on the ground is liable to a fine of $1,000 as an individual and/or $5,000 as a corporation.

In order for a micro RPA pilot to comply with CAR 900.06, Transport Canada recommends following these general rules :

Maintain the micro RPA in direct line of sight.
Avoid flying your micro RPA above 400 ft above ground level (AGL).
Keep a safe lateral distance between your micro RPA and other people.
Stay far away from aerodromes, water aerodromes, and heliports.
Avoid flying near critical infrastructure.
Stay clear of aircraft at all times.
Conduct a pre-flight inspection of your micro RPA.
Keep the micro RPA close enough to maintain the connection with the remote controller.
Follow the manufacturer’s operational guidelines.
Avoid special aviation or advertised events.

In addition to these recommendations, Micro RPAs are prohibited from entering the following zones without proper authorization :

Class F special-use restricted airspace (CYR);
airspace over a forest fire area or over any area that is located within 5 NM of a forest fire area, or any airspace for which a NOTAM for forest fire aircraft operating restrictions has been issued; and
zones in which section 5.1 of the Aeronautics Act restricts the use of airspace for all aircraft.

To find out where micro RPAs are prohibited, please refer to the Regulated Areas for Drones section of this article.

Do I need a drone pilot certificate to fly a drone weighing less than 250 g ?

In Canada, you don't need a pilot certificate to fly a drone weighing less than 250 grams. However, if you add weight to a drone and its take-off weight reaches 250 grams or more, it will be subject to small RPA regulations (250 g ≤ weight ≤ 25 kg).

Do I need to register a drone weighing less than 250 g ?

In Canada, it is not necessary to register a drone weighing less than 250 grams. However, if you add weight to a drone and its take-off weight reaches 250 grams or more, it will be subject to small RPA regulations (250 g ≤ weight ≤ 25 kg).

In Canada, a drone with a take-off weight of between 250 grams and 25 kilograms is known as a “small Remotely Piloted Aircraft” or “small RPA”. This type of drone is very popular, both for recreational and commercial use. Indeed, this weight range enables drone manufacturers to integrate payloads such as high-performance cameras, thermal cameras, Lidar sensors and more. What's more, thanks to its higher weight, the drone is much more resistant to wind, enabling more stable and fluid image capture.

Summary of regulations applicable to drones weighing between 250 g and 25 kg

Most of the articles in the CARs concern “small RPAs”, i.e. drones weighing between 250 g and 25 kg. There are quite a few of these articles, so to simplify the reading, we're going to present the most important ones. In Canada, to fly a drone weighing between 250 grams and 25 kilograms :

You must hold a drone pilot certificate. We'll see later in this post that there are two types of drone pilot certificate;
It must be registered;
It must be maintained in visual line-of-sight (VLOS);
It is forbidden to exceed an altitude of 400 ft above ground level (AGL);
A horizontal distance must be maintained between the drone and any person not involved in the operation. Later in this post, we'll see that this horizontal distance varies according to the drone pilot's certificate;
It is forbidden to fly within 5.6 km of a military aerodrome;
It is forbidden to fly it at an advertised event;
It is forbidden to carry dangerous payloads (e.g. chemicals);
It is forbidden to fly more than five drones at the same time from a single control station;
It is forbidden to organize a special aeronautical event for drones.

Later in this post, we'll look at scenarios in which it's possible to break out of this regulatory framework.

In Canada, do I need a drone pilot certificate to fly a drone weighing between 250 g and 25 kg ?

In Canada, you need a drone pilot certificate to operate a drone weighing between 250 grams and 25 kilograms.

Depending on the operations involved, there are two types of small RPA pilot certificate :

Small RPA Pilot Certificate - Basic Operations: Allows you to fly a small RPA in uncontrolled airspace, away from certified aerodromes, and at a horizontal distance of at least 30 meters from any persons not involved in the operation.
Small RPA Pilot Certificate - Advanced Operations : Allows you to fly a small RPA in controlled airspace, in the vicinity of certified aerodromes, and at a horizontal distance of less than 30 meters from any persons not taking part in the operation.

How do I obtain a drone pilot's certificate to fly a drone weighing between 250 g and 25 kg ?

If you're interested in flying a small RPA, we've created a comprehensive guide to help you learn more about drone pilot certificates. This guide will help you find out which of the two pilot certificates is right for you, and how to get it.

Do I have to register a drone weighing between 250 g and 25 kg ?

In Canada, it is mandatory to register a drone weighing between 250 grams and 25 kg.

How do I register a drone in Canada ?

Registering a drone in Canada costs $5, and is done via the Drone Management Portal on the Transport Canada website.

Is it possible to fly a drone weighing between 250 g and 25 kg outside the regulatory framework ?

In Canada, obtaining a Special Flight Operations Certificate (SFOC) allows you to step outside the regulatory framework in the following scenarios :

flying a drone weighing over 25 kg
flying beyond line-of-sight (BVLOS)
flying above 122 meters (400 ft) AGL
flying more than five RPAs simultaneously from a single control station
carry dangerous payloads (e.g. chemicals)
fly within 5.6 km (3 NM) of a military aerodrome
fly during an advertised event
organize a special aeronautical event for RPAs

To find out more about the process of obtaining a SFOC, please refer to the “Get permission for special drone operations” page on the Transport Canada website.

In Canada, what regulations apply to fly a drone weighing over 25 kg ?

In Canada, to fly a drone weighing over 25 kilograms, you need to get a Special Flight Operations Certificate (SFOC).

To find out more about the process of obtaining a SFOC, please refer to the “Get permission for special drone operations” page on the Transport Canada website. As indicated on this page, one of the prerequisites for obtaining this type of SFOC is to hold a drone pilot certificate for advanced operations. To find out how to get the Drone Pilot Certificate for Advanced Operations, please check out our guide by clicking on the button below.

Regulated Areas for Drones

In Canada, certain areas are restricted to drone piloting, regardless of the weight of the aircraft. Consequently, there are two questions to ask before flying a drone in a particular location :

1. Am I allowed to fly my drone in the airspace at this location ?

According to Transport Canada, Canadian airspace begins one inch above ground level and is under federal jurisdiction. Depending on the type of drone you're flying, certain areas of the airspace may be prohibited or require authorization.

These areas are indicated in the NAV Drone Viewer. This is an interactive map on which prohibited areas are indicated in red, areas requiring authorization in orange, and areas requiring caution in yellow. Please note: on the tool's home page, you must select the geo-zones to be displayed according to the type of operation you are going to carry out. If you choose the “Micro drone” option, the tool will display the zones that concern the piloting of a drone weighing less than 250g. If you choose the “Basic” or “Advanced” option, the tool will display the zones that concern the piloting of a drone weighing between 250g and 25kg. The “Basic” option concerns a pilot holding a drone pilot certificate for basic operations, and the “Advanced” option concerns a pilot holding a drone pilot certificate for advanced operations.

Finally, we recommend checking this tool before each flight, as some zones are temporarily active.

2. Am I allowed to take off and land my drone from this location ?

Some sites require authorization from the landowner before you can take off and/or land your drone. This is the case, for example, with certain municipalities that have introduced specific regulations concerning the use of drones in public spaces. Most of these locations are not shown on the NAV Drone Viewer. Before flying your drone at a location, you need to check with the landowner that you are authorized to take off and land your drone from their property.

Penalties for Non-Compliance

Drone pilots who fail to comply with regulations are liable to hefty fines :

Fines for Individuals

Up to $1,000 for flying without a drone pilot certificate
Up to $1,000 for flying unregistered or unmarked drones
Up to $1,000 for flights in unauthorized locations
Up to $3,000 if the safety of aircraft or persons is compromised

Fines for Legal Entities

Up to $5,000 for flying without a drone pilot certificate
Up to $5,000 for flying unregistered or unmarked drones
Up to $5,000 for flights in unauthorized locations
Up to $15,000 if the safety of aircraft or persons is compromised

If you break more than one rule, you could face multiple penalties.

Are there any additional requirements for pilots using their drone for professional purposes ?

This is a question we're often asked, as the previous regulations governing drone piloting in Canada distinguished between recreational and commercial activities.

As of June 2019, drone operations are no longer categorized according to the purpose for which the drone is used. In fact, the CARs do not distinguish between recreational vs. commercial drone use. The regulations are the same whether you're using your drone for recreation or to provide paid services.

What regulations apply to foreign pilots ?

In Canada, you are considered a foreign pilot or operator if you are not a Canadian citizen, permanent resident or federally or provincially incorporated company.

To fly a drone in Canada, a foreign pilot must comply with the same requirements as a Canadian pilot. In addition, if they wish to fly a drone weighing 250 g or more, foreign pilots must obtain an SFOC from Transport Canada.

To learn more about the process of obtaining a SFOC in this context, please refer to the page “Get permission to fly a drone as a foreign pilot or operator” on the Transport Canada website.

For example, a tourist wishing to fly a 500-gram drone in Canadian controlled airspace will need to pass Transport Canada's advanced exam, obtain a foreign pilot SFOC, and finally pass the flight review.

Conclusion

Flying drones in Canada is subject to strict regulations, depending mainly on the weight of the aircraft. Drones weighing less than 250 g can be flown without a permit, provided certain safety rules are observed. On the other hand, drones weighing between 250 g and 25 kg require a drone pilot certificate, with distinctions between basic and advanced operations. For drones weighing over 25kg, a Special Flight Operations Certificate (SFOC) is required. Foreign pilots must also comply with Canadian requirements. Failure to comply with these regulations can result in substantial fines for individuals and companies. It is therefore crucial to know and follow the rules in force to ensure safe and compliant flying.

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