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Drone Regulations in Canada: What You Need to Know

  • Date 07/08/2024

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 four categories based on their take-off weight :

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.

Category 1 : Drone weighing less than 250 g

In Canada, a drone with a take-off weight of less than 250 grams is called a “micro drone” or “micro RPA”. This type of drone is very light and compact, making it the ideal partner for hiking and travel. However, because of its small mass, the micro RPA is more unstable in windy conditions, and its camera is less powerful than heavier drones.

The micro RPA pilot must follow certain rules.

Most sections of the Canadian Aviation Regulations governing drone operations apply to drones weighing at least 250 g. However, the micro RPA pilot must still follow certain rules.

First, 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.

Secondly, micro RPA pilots must comply with sections 900.07 and 900.08 of the Canadian Aviation Regulations (CARs).

900.07

A person who operates a remotely piloted aircraft shall ensure that the appropriate air traffic control unit, flight service station or user agency is notified immediately any time the aircraft is no longer under the person’s control and inadvertently enters or is likely to enter into Class F Special Use Restricted airspace, as specified in the Designated Airspace Handbook.

900.08

(1) No person 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 any other operation that is conducted in the service of a public authority.

Thirdly, 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 NAV Drone Viewer tool. We recommend checking this tool before each flight, as some zones are temporary.

Finally, an SFOC is now required to fly a micro RPA during a public event.

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).

Category 2 : Drone weighing between 250 g and 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

In Canada, to fly a drone weighing between 250 grams and 25 kilograms :

  • You must hold a drone pilot certificate.
  • It must be registered.
  • 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 more than 5 drones within VLOS or more than 1 drone BVLOS
  • It is forbidden to fly it at an advertised event.
  • It is forbidden to carry dangerous or hazardous payloads.
  • It is forbidden flying BVLOS in an aerodrome environment.
  • It is prohibited to operate a drone as a participant in a special aviation event.

Later in this post, we will explore situations where it is possible to operate outside 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, holding a drone pilot certificate is mandatory to operate a drone weighing between 250 grams and 25 kilograms.

Depending on the type of operation, there are three certificates that allow you to fly a small drone:

  • Basic Certification: Allows you to operate a small drone under the following conditions: the flight must take place in uncontrolled airspace and away from any people not involved in the operation. This type of operation must be conducted within visual line of sight (VLOS), meaning the pilot or a visual observer must be able to see the drone at all times during the flight.
  • Advanced Certification: Allows you to operate a small drone in controlled airspace, near certified aerodromes, and near people not involved in the operation. These operations must also be conducted within visual line of sight (VLOS).
  • Level 1 Complex Certification: Allows you to operate a small drone beyond visual line of sight (BVLOS), in sparsely populated areas and away from aerodromes. This certificate also authorizes operations permitted under the advanced certificate.

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

If you wish to fly a small RPA in Canada, we recommend consulting our comprehensive guide, which will help you learn more about drone pilot certificates.

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 $10, 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 at an advertised event
  • Flying above 122 meters (400 feet)
  • Flying more than 5 drones within VLOS or more than 1 drone BVLOS
  • Flying BVLOS other than sheltered operations, extended VLOS (EVLOS), and lower-risk BVLOS operations under the new Level 1 Complex regime
  • Flying a drone with dangerous or hazardous payloads
  • Flying BVLOS in an aerodrome environment
  • Flying as a participant in a special aviation event for drones

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.

Category 3 : Drone weighing between 25 kg and 150 kg

A drone with a takeoff weight between 25 kg and 150 kg is referred to as a “medium remotely piloted aircraft” or "medium RPA". These aircraft are generally used in the agricultural, military, and delivery sectors.

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

In Canada, to operate a drone weighing between 25 kilograms and 150 kilograms:

  • You must hold an Advanced or Complex Level 1 drone pilot certificate.
  • It must be registered.
  • 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 more than 5 drones within VLOS or more than 1 drone BVLOS
  • It is forbidden to fly it at an advertised event.
  • It is forbidden to carry dangerous or hazardous payloads.
  • It is forbidden flying BVLOS in an aerodrome environment.
  • It is forbidden flying a medium-sized drone within VLOS or BVLOS in adverse weather or poor visibility.
  • It is prohibited to operate a drone as a participant in a special aviation event.

Later in this post, we will explore situations where it is possible to operate outside 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, it is mandatory to hold at least an Advanced Drone Pilot Certificate to operate a drone weighing between 25 kilograms and 150 kilograms.

Depending on the type of operations conducted, there are two types of pilot certificates that allow you to operate a medium-sized RPA:

  • Advanced Certification: Allows you to operate a medium-sized RPA in controlled airspace, near certified aerodromes, and in proximity to people not involved in the operation. These operations must be conducted within visual line of sight (VLOS).
  • Complex Level 1 Certification: Allows you to operate a medium-sized RPA beyond visual line of sight (BVLOS) in low-population areas and away from aerodromes. This certificate also authorizes all operations permitted under the Advanced Operations certificate.

It is not permitted to operate a medium-sized RPA with a Basic Pilot Certificate.

How do I obtain a drone pilot's certificate to fly a drone weighing between 25 kg and 150 kg ?

If you wish to operate a medium-sized RPA, we recommend consulting our comprehensive guide to learn more about drone pilot certificates.

Do I have to register a drone weighing between 25 kg and 150 kg ?

In Canada, it is mandatory to register a drone weighing between 25 kilograms and 150 kilograms.

How do I register a drone in Canada ?

Registering a drone in Canada costs $10, and is done via the Drone Management Portal on the Transport Canada website.

Is it possible to fly a drone weighing between 25 kg and 150 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 at an advertised event
  • Flying a drone more than 150 kg
  • Flying above 122 meters (400 feet)
  • Flying more than 5 drones within VLOS or more than 1 drone BVLOS
  • Flying BVLOS other than sheltered operations, extended VLOS (EVLOS), and lower-risk BVLOS operations under the new Level 1 Complex regime
  • Flying a drone with dangerous or hazardous payloads
  • Flying BVLOS in an aerodrome environment
  • Flying a medium-sized drone within VLOS or BVLOS in adverse weather or poor visibility
  • Flying with a person on board
  • Flying as a participant in a special aviation event for drones

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.

Category 4 : Drone weighing over 150 kg

Drones weighing over 150 kg are generally used in the military and delivery sectors.

In Canada, do I need a license to fly a drone weighing more than 150 kg ?

In Canada, to fly a drone weighing over 150 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 at least an Advanced Drone Pilot Certificate. To find out how to get a Drone Pilot Certificate, 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 that shows restricted areas in red, areas requiring authorization in orange, and caution zones in yellow. On the tool’s homepage, you must first select the geozones to display based on the type of operation you plan to conduct. By choosing the “Microdrone” option, the map will display zones applicable to drones under 250 g. The “Basic,” “Advanced,” or “Level 1 Complex” options, on the other hand, show zones applicable to drones weighing between 250 g and 150 kg, depending on the type of operation and the certificate you hold.

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.

Frequently Asked Questions (FAQ)

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, if a foreign pilot wishes to operate a 500-gram drone in controlled airspace, they must obtain a Foreign Pilot SFOC in addition to passing the advanced exam and flight review.

Conclusion

Flying drones in Canada is subject to strict regulations, primarily based on the weight of the aircraft. Drones under 250 g can be flown without a license, provided certain safety rules are followed. In contrast, drones weighing between 250 g and 150 kg require a drone pilot certificate, with distinctions between basic, advanced, and Complex Level 1 operations. For drones over 150 kg, a Special Flight Operations Certificate (SFOC) is mandatory. Foreign pilots must also comply with Canadian requirements. Failure to follow these regulations can result in substantial fines for individuals and businesses. It is therefore essential to understand and adhere to the rules to ensure safe and compliant drone operation.

Simon