Canadian Aviation Regulations (SOR/96-433)

Issuance of Pilot Certificate — Small Remotely Piloted Aircraft (VLOS) — Advanced Operations

901.64 The Minister shall, on receipt of an application, issue a pilot certificate — small remotely piloted aircraft (VLOS) — advanced operations if the applicant demonstrates to the Minister that the applicant

• (a) is at least 16 years of age;

• (b) has successfully completed the examination “Remotely Piloted Aircraft Systems — Advanced Operations” which is based on the standard entitled Knowledge Requirements for Pilots of Remotely Piloted Aircraft Systems, 250 g up to and including 25 kg, Operating within Visual Line-of-Sight (VLOS), TP 15263, published by the Minister and covers the subjects set out in section 921.02 of Standard 921 — Small Remotely Piloted Aircraft in Visual Line-of-Sight (VLOS); and

• (c) has, within 12 months before the date of application, successfully completed a flight review in accordance with section 921.02 of Standard 921 — Small Remotely Piloted Aircraft in Visual Line-of-Sight (VLOS) conducted by a person qualified to conduct flight reviews under section 901.82.

Recency Requirements

• 901.65 (1) No holder of a pilot certificate — small remotely piloted aircraft (VLOS) — advanced operations shall operate a remotely piloted aircraft system under this Division unless the holder has, within the 24 months preceding the flight,

  • (a) been issued a pilot certificate — small remotely piloted aircraft (VLOS) — advanced operations under section 901.64; or

  • (b) successfully completed

    • (i) either of the examinations referred to in paragraphs 901.55(b) and 901.64(b),

    • (ii) a flight review referred to in paragraph 901.64(c), or

    • (iii) any of the recurrent training activities set out in section 921.04 of Standard 921 — Small Remotely Piloted Aircraft in Visual Line-of-Sight (VLOS).

• (2) The person referred to in subsection (1) shall keep a record of all activities completed in accordance with paragraph (1)(b), including the dates on which they were completed, for at least 24 months after the day on which they were completed.

Access to Certificate and Proof of Recency

901.66 No pilot shall operate a remotely piloted aircraft system under this Division unless both of the following are easily accessible during the operation of the system:

• (a) the pilot certificate — small remotely piloted aircraft (VLOS) — advanced operations issued under section 901.64; and

• (b) documentation demonstrating that the pilot meets the recency requirements set out in section 901.65.

Examination Rules

901.67 No person shall commit an act referred to in paragraphs 901.58(a) to (c) in respect of an examination taken under this Division.

Retaking of an Examination or Flight Review

901.68 A person who fails an examination or a flight review taken under this Division is ineligible to retake the examination or flight review for a period of 24 hours after the examination or review.

Manufacturer Declaration — Permitted Operations

• 901.69 (1) Subject to subsection (2), no pilot shall operate a remotely piloted aircraft system under this Division to conduct any of the following operations unless a declaration under section 901.76 has been made in respect of that model of system and the certificate of registration issued in respect of the aircraft specifies the operations for which the declaration was made:

  • (a) operations in controlled airspace;

  • (b) operations at a distance of less than 100 feet (30 m) but not less than 16.4 feet (5 m) from another person except from a crew member or other person involved in the operation, measured horizontally and at any altitude; or

  • (c) operations at a distance of less than 16.4 feet (5 m) from another person, measured horizontally and at any altitude.

• (2) A pilot may operate a remotely piloted aircraft system under this Division to conduct the operations referred to in paragraphs (1)(a) and (b) if, before April 1, 2019, the model of system was determined by the Minister to meet the requirements set out in Appendix C - Criteria for a Compliant Small UAV System Design of Staff Instruction (SI) No. 623-001, published by the Minister on November 19, 2014.

Operation of a Modified Remotely Piloted Aircraft System

901.70 If a declaration has been made under section 901.76 in respect of a model of remotely piloted aircraft system for any operation referred to in subsection 901.69(1), no pilot shall conduct any of those operations using a system of that model if the system has been modified in any way, unless

• (a) the pilot is able to demonstrate to the Minister that, despite the modification, the system continues to meet the technical requirements set out in Standard 922 — RPAS Safety Assurance applicable to the operations referred to in subsection 901.69(1) for which the declaration was made; and

• (b) if applicable, the modification was performed according to the instructions of the manufacturer of the part or equipment used to modify the system.

Operations in Controlled Airspace

• 901.71 (1) No pilot shall operate a remotely piloted aircraft in controlled airspace under this Division unless the following information is provided to the provider of air traffic services in the area of operation before a proposed operation and an authorization has been issued by that provider:

  • (a) the date, time and duration of the operation;

  • (b) the category, registration number and physical characteristics of the aircraft;

  • (c) the vertical and horizontal boundaries of the area of operation;

  • (d) the route of the flight to access the area of operation;

  • (e) the proximity of the area of operation to manned aircraft approaches and departures and to patterns of traffic formed by manned aircraft;

  • (f) the means by which two-way communications with the appropriate air traffic control unit will be maintained;

  • (g) the name, contact information and pilot certificate number of any pilot of the aircraft;

  • (h) the procedures and flight profiles to be followed in the case of a lost command and control link;

  • (i) the procedures to be followed in emergency situations;

  • (j) the process and the time required to terminate the operation; and

  • (k) any other information required by the provider of air traffic services that is necessary for the provision of air traffic management.

• (2) Despite section 901.25, a pilot may operate a remotely piloted aircraft in controlled airspace under this Division at an altitude above those referred to in that section if an authorization to that effect has been issued by the provider of air traffic services in the area of operation.

Compliance with Air Traffic Control Instructions

901.72 The pilot of a remotely piloted aircraft operating in controlled airspace under this Division shall comply with all of the air traffic control instructions directed at the pilot.

Operations at or in the Vicinity of an Airport or Heliport — Established Procedure

901.73 No pilot shall operate a remotely piloted aircraft system under this Division if the aircraft is within three nautical miles from the centre of an airport or within one nautical mile from the centre of a heliport unless the operation is conducted in accordance with the established procedure with respect to the use of remotely piloted aircraft systems applicable to that airport or heliport.

[901.74 and 901.75 reserved]

Division VI — Advanced Operations — Requirements for Manufacturer

Manufacturer Declaration

• 901.76 (1) For each model of remotely piloted aircraft system that is intended to conduct any of the operations referred to in subsection 901.69(1), the manufacturer shall provide the Minister with a declaration in accordance with subsection (2), except in the case of a model referred to in subsection 901.69(2) and that is intended to conduct any of the operations referred to in that subsection.

• (2) The manufacturer’s declaration shall

  • (a) specify the manufacturer of the remotely piloted aircraft system, the model of the system, the maximum take-off weight of the aircraft, the operations referred to in subsection 901.69(1) that the aircraft is intended to undertake and the category of aircraft, such as a fixed-wing aircraft, rotary-wing aircraft, hybrid aircraft or lighter-than-air aircraft;

  • (b) indicate that the manufacturer

    • (i) declares that it meets the documentation requirements set out in section 901.78, and

    • (ii) has verified that the system meets the technical requirements set out in Standard 922 — RPAS Safety Assurance applicable to the operations referred to in subsection 901.69(1) for which the declaration was made.

• (3) The manufacturer’s declaration is invalid if

  • (a) the Minister has determined that the model of remotely piloted aircraft system does not meet the technical requirements set out in the standard referred to in subparagraph (2)(b)(ii); or

  • (b) the manufacturer has notified the Minister of an issue related to the design of the model under section 901.77.

Notice to the Minister

901.77 A manufacturer that has made a declaration to the Minister under section 901.76 shall notify the Minister of any issue related to the design of the model of remotely piloted aircraft system that results in the system no longer meeting the technical requirements set out in the standard referred to in subparagraph 901.76(2)(b)(ii), as soon as possible after the issue is identified.

Documentation

901.78 A manufacturer that has made a declaration to the Minister in respect of a model of remotely piloted aircraft system under section 901.76 shall make available to each owner of that model of system

• (a) a maintenance program that includes

  • (i) instructions related to the servicing and maintenance of the system, and

  • (ii) an inspection program to maintain system readiness;

• (b) any mandatory actions the manufacturer issues in respect of the system; and

• (c) a remotely piloted aircraft system operating manual that includes

  • (i) a description of the system,

  • (ii) the ranges of weights and centres of gravity within which the system may be safely operated under normal and emergency conditions and, if a weight and centre of gravity combination is considered safe only within certain loading limits, those limits and the corresponding weight and centre of gravity combinations,

  • (iii) with respect to each flight phase and mode of operation, the minimum and maximum altitudes and velocities within which the aircraft can be operated safely under normal and emergency conditions,

  • (iv) a description of the effects of foreseeable weather conditions or other environmental conditions on the performance of both the system and the pilot,

  • (v) the characteristics of the system that could result in severe injury to crew members during normal operations,

  • (vi) the design features of the system, and their associated operations, that are intended to protect against injury to persons not involved in the operations,

  • (vii) the warning information provided to the pilot in the event of a degradation in system performance that results in an unsafe system operation condition,

  • (viii) procedures for operating the system in normal and emergency conditions, and

  • (ix) assembly and adjustment instructions for the system.

Record-keeping

• 901.79 (1) A manufacturer that has made a declaration to the Minister in respect of a model of remotely piloted aircraft system under section 901.76 shall keep, and make available to the Minister on request,

  • (a) a current record of all mandatory actions in respect of the system; and

  • (b) a current record of the results of, and the reports related to, the verifications that the manufacturer has undertaken to ensure that the model of the system meets the technical requirements set out in the standard referred to in subparagraph 901.76(2)(b)(ii) applicable to the operations for which the declaration was made.

• (2) The manufacturer shall keep the records referred to in subsection (1) for the greater of

  • (a) two years following the date that manufacturing of that model of remotely piloted aircraft system permanently ceases, and

  • (b) the lifetime of the remotely piloted aircraft that is an element of the model of system referred to in paragraph (a).

[901.80 and 901.81 reserved]

Division VII — Requirements Related to Flight Review

Prohibition — Flight Reviewer

901.82 No person shall perform the duties of a flight reviewer for the purposes of subparagraph 901.56(1)(b)(ii), paragraph 901.64(c) or subparagraph 901.65(1)(b)(ii) unless that person

• (a) holds a pilot certificate — small remotely piloted aircraft (VLOS) — advanced operations endorsed with a flight reviewer rating under section 901.83; and

• (b) is able to demonstrate that they are affiliated with a training provider that has made a declaration to the Minister in accordance with the requirements of section 921.05 of Standard 921 — Small Remotely Piloted Aircraft in Visual Line-of-Sight (VLOS).

Flight Reviewer Rating

901.83 The Minister shall, on receipt of an application, endorse the applicant’s pilot certificate with a flight reviewer rating if the applicant demonstrates to the Minister that the applicant

• (a) is at least 18 years of age;

• (b) holds a pilot certificate — small remotely piloted aircraft (VLOS) — advanced operations issued under section 901.64 and meets the recency requirements set out in section 901.65;

• (c) has held the certificate referred to in paragraph (b) for at least six months immediately before the date of application; and

• (d) has successfully completed the examination “Remotely Piloted Aircraft Systems — Flight Reviewers” which is based on the standard entitled Knowledge Requirements for Pilots of Remotely Piloted Aircraft Systems, 250 g up to and including 25 kg, Operating within Visual Line-of-Sight (VLOS), TP 15263, published by the Minister and covers the subjects set out in section 921.03 of Standard 921 — Small Remotely Piloted Aircraft in Visual Line-of-Sight (VLOS).