Canadian Aviation Regulations (SOR/96-433)

Subpart 2 — [Reserved]

Subpart 3 — Special Flight Operations — Remotely Piloted Aircraft Systems

Prohibition

903.01 No person shall conduct any of the following operations using a remotely piloted aircraft system unless the person complies with the provisions of a special flight operations certificate — RPAS issued by the Minister under section 903.03:

• (a) the operation of a remotely piloted aircraft having an operating weight of more than 150 kg (331 pounds);

• (b) the operation of a remotely piloted aircraft having an operating weight of less than 250 g (0.55 pounds) at an advertised event; and

• (c) any other operation of a small remotely piloted aircraft or medium remotely piloted aircraft for which the Minister determines that a special flight operations certificate — RPAS is necessary to ensure aviation safety or the safety of any person.

Application for Special Flight Operations Certificate — RPAS

• 903.02 (1) For the purpose of an application for a special flight operations certificate — RPAS, the operation, other than for the purpose of providing a commercial air service, of a remotely piloted aircraft system that includes a remotely piloted aircraft that is not registered in accordance with Division III is a very low-complexity operation.

• (2) For the purposes of an application for a special flight operations certificate — RPAS, the operation of a remotely piloted aircraft system at an advertised event is a low-complexity operation.

• (3) For the purpose of an application for a special flight operations certificate — RPAS, the following operations are medium-complexity operations:

  • (a) the operation of a remotely piloted aircraft having an operating weight of more than 150 kg (331 pounds);

  • (b) the operation by a person described in subsection 900.09(2) of a remotely piloted aircraft system for the purpose of providing a commercial air service;

  • (c) the operation, for the purpose of providing a commercial air service, of a remotely piloted aircraft system that includes a remotely piloted aircraft that is not registered in accordance with Division III;

  • (d) the operation of a remotely piloted aircraft at an altitude greater than one of the altitudes referred to in subsection 901.25(1), unless the operation at a greater altitude is authorized under subsection 901.71(2);

  • (e) the operation of more than five remotely piloted aircraft at a time to conduct a VLOS operation, or the operation of more than one remotely piloted aircraft at a time to conduct an operation that is not a VLOS operation, from a single control station; and

  • (f) the operation of a remotely piloted aircraft outside of Canadian Domestic Airspace.

• (4) For the purpose of an application for a special flight operations certificate — RPAS, the following operations are high-complexity operations:

  • (a) the operation of a remotely piloted aircraft system without the pilot or a visual observer having the aircraft in visual line-of-sight if the operation is not a sheltered operation or an extended VLOS operation conducted under Division V or a BVLOS operation conducted under Division VI;

  • (b) the operation of a remotely piloted aircraft to transport any of the payloads referred to in subsection 901.43(1);

  • (c) the operation of a remotely piloted aircraft to conduct a BVLOS operation within five nautical miles of an aerodrome that is listed in the Canada Flight Supplement or the Water Aerodrome Supplement;

  • (d) the operation, in weather conditions that do not meet the conditions set out in section 901.34, of a remotely piloted aircraft to conduct a BVLOS operation or of a medium remotely piloted aircraft to conduct a VLOS operation;

  • (e) the operation of a remotely piloted aircraft that carries persons on board; and

  • (f) any other operation of a remotely piloted aircraft system for which the Minister determines that a special flight operations certificate — RPAS is necessary to ensure aviation safety or the safety of any person.

• (5) If the application for a special flight operations certificate — RPAS is in respect of several operations, the highest complexity level applies except in the case of an application in respect of two or more medium-complexity operations, in which case the application is deemed to be in respect of a high-complexity operation.

• (6) A person who proposes to operate a remotely piloted aircraft system to conduct very low-complexity or low-complexity operations shall apply to the Minister for a special flight operations certificate — RPAS by submitting the following information:

  • (a) the legal name, trade name, if any, address and contact information of the applicant;

  • (b) the means by which the person responsible for the operation can be contacted;

  • (c) the operations for which the application is made;

  • (d) the manufacturer and model of the system and the registration number, if any, referred to in paragraph 900.16(3)(a);

  • (e) the pilot certificate number issued to any crew member; and

  • (f) any other information requested by the Minister pertinent to the safe conduct of the operations.

• (7) A person who proposes to operate a remotely piloted aircraft system to conduct medium-complexity or high-complexity operations shall apply to the Minister for a special flight operations certificate — RPAS by submitting the following information:

  • (a) the legal name, trade name, if any, address and contact information of the applicant;

  • (b) the means by which the person responsible for the operation can be contacted;

  • (c) the operations for which the application is made;

  • (d) the manufacturer and model of the system and the registration number, if any, referred to in paragraph 900.16(3)(a), as well as a complete description of the remotely piloted aircraft that is an element of the system, including its performance, operating limitations and equipment;

  • (e) a detailed plan describing how the operations are to be carried out;

  • (f) a risk assessment for the operation that accounts for both ground and air risks;

  • (g) the pilot certificate number issued to any crew member or a description of the means by which the applicant will ensure that all crew members hold the necessary certificates and qualifications;

  • (h) the standard procedures for crew members in the case of operations requiring more than one crew member;

  • (i) the instructions for maintaining the system in a state that is fit and safe for flight;

  • (j) the type, manufacturer, model and operating limitations of the detect and avoid system to be used, if any, and the procedures respecting the detection and avoidance of conflicting air traffic and other hazards; and

  • (k) any other information requested by the Minister pertinent to the safe conduct of the operations.

Application to Amend a Special Flight Operations Certificate — RPAS

• 903.02.1 (1) The holder of a special flight operations certificate — RPAS may apply to the Minister to amend the certificate to change

  • (a) the dates and alternate dates of the operations;

  • (b) the location of the operations;

  • (c) its validity period;

  • (d) the pilot certificate number issued to a crew member;

  • (e) the type, manufacturer, model and operating limitations of the detect and avoid system to be used and the procedures respecting the detection and avoidance of conflicting air traffic and other hazards; and

  • (f) in the case of a certificate in respect of an operation set out in subsections 903.02(1) or (2), the manufacturer and model of the remotely piloted aircraft system and the registration number referred to in paragraph 900.16(3)(a).

• (2) An application to amend a special flight operations certificate — RPAS shall include the following information:

  • (a) the number of the certificate;

  • (b) the validity period of the certificate; and

  • (c) the change that is the subject of the application.

Issuance or Amendment of Special Flight Operations Certificate — RPAS

903.03 The Minister shall, on receipt of an application submitted in accordance with section 903.02 or 903.02.1, issue or amend a special flight operations certificate — RPAS if the applicant demonstrates to the Minister the ability to perform the proposed operations without adversely affecting aviation safety or the safety of any person.

Contents of Special Flight Operations Certificate — RPAS

903.04 A special flight operations certificate — RPAS shall contain the following information:

• (a) the name and address of the certificate holder;

• (b) the number of the certificate;

• (c) the date of issue of the certificate;

• (d) the validity period of the certificate;

• (e) the type of operations authorized; and

• (f) any condition pertaining to the operations that the Minister considers necessary for aviation safety or the safety of any person.

Part X — Greenhouse Gas Emissions from International Aviation — CORSIA

Division I — General

Interpretation

1000.01 The following definitions apply in this Part.

CO₂

CO₂ means carbon dioxide. (CO₂)

compliance period

compliance period means one of the three-year periods set out in subsection 1020.01(2) of the CORSIA Standard. (période de conformité)

CORSIA

CORSIA means the International Civil Aviation Organization’s (ICAO) Carbon Offsetting and Reduction Scheme for International Aviation set out in Volume IV of Annex 16 to the Convention. (CORSIA)

CORSIA eligible emissions unit

CORSIA eligible emissions unit has the same meaning as in subsection 1020.01(1) of the CORSIA Standard. (unité d’émissions admissible du CORSIA)

CORSIA eligible fuel

CORSIA eligible fuel has the same meaning as in subsection 1020.01(1) of the CORSIA Standard. (carburant admissible CORSIA)

CORSIA Standard

CORSIA Standard means Standard 1020 — CORSIA, published by the Department of Transport. (Norme du CORSIA)

new entrant

new entrant has the same meaning as in CORSIA and, for the purposes of interpreting this definition, “aeroplane operator” is to be read as “private operator” or “air operator”. (nouveau venu)

Application

• 1000.02 (1) This Part applies to Canadian private operators and Canadian air operators that produce — from the use of one or more large aeroplanes — more than 10 000 t of CO₂ emissions from flights between contracting states during a calendar year.

• (2) For the purposes of subsection (1), the emissions are calculated in accordance with section 1000.03.

• (3) For the purposes of this Part, flights are attributed to a private operator or air operator in accordance with section 1020.02 of the CORSIA Standard and the flight departure time (UTC) determines the calendar year to which a flight belongs.

• (4) The following flights are exempt from the application of subsection (1):

  • (a) humanitarian flights;

  • (b) medical evacuation flights;

  • (c) fire-fighting flights; and

  • (d) positioning flights required in relation to the flights referred to in paragraphs (a) to (c).

Calculation Method

• 1000.03 (1) CO₂ emissions are to be determined using the following formula and expressed in tonnes:

  $\underset{f}{\Sigma }{M}_{f}x{\mathrm{FCF}}_f$

  where

  M_f

  is the mass of fuel f used, expressed in tonnes and calculated according to

  • (a) a method described in subsection 1020.03(1) of the CORSIA Standard, subject to subsection (2); or

  • (b) a method described in subsection 1020.03(2) of the CORSIA Standard; and

  FCF_f

  is the fuel conversion factor of given fuel f, expressed in kg CO₂/kg fuel, and is equal to

  • (a) 3.16 for Jet-A and Jet-A1 fuels; or

  • (b) 3.10 for aviation gasoline (AvGas) and Jet-B fuel.

• (2) For the purposes of the methods described in paragraphs 1020.03(1)(a) and (b) of the CORSIA Standard, if a flight is operated on behalf of a private operator or air operator, that operator must ensure that the fuel measurement values calculated according to the method described in paragraph 1020.03(1)(c) of the CORSIA Standard are provided to it and taken into account in its calculations.

[1000.04 to 1000.09 reserved]

Division II — Monitoring

Emissions Monitoring Plan

• 1000.10 (1) Within 90 days after the day on which a private operator or air operator becomes subject to this Part, the operator must submit to the Minister for approval an emissions monitoring plan for its flights between contracting states — other than flights referred to in subsection 1000.02(4) — that are conducted using one or more large aeroplanes.

• (2) The plan must contain the information referred to in subsections 1020.10(1) to (3) of the CORSIA Standard.

• (3) The private operator or air operator must choose one of the following monitoring methods:

  • (a) in the case of flights between states referred to in subsection 1020.10(4) of the CORSIA Standard,

    • (i) a method described in subsection 1020.03(1) or (2) of the CORSIA Standard, if the annual CO₂ emissions from those flights are less than 50 000 t, or

    • (ii) a method described in subsection 1020.03(1) of the CORSIA Standard, if the annual CO₂ emissions from those flights are equal to or greater than 50 000 t; or

  • (b) in any other case, a method described in subsection 1020.03(1) or (2) of the CORSIA Standard.

• (4) A private operator or air operator whose emissions monitoring plan was approved by the Minister before January 1, 2021 must submit to the Minister, no later than February 28, 2021,

  • (a) if the monitoring method identified in that plan meets the requirements of subsection (3), the information referred to in paragraphs 1020.10(2)(g), (i), (j) and (k) of the CORSIA Standard; or

  • (b) if the monitoring method identified in that plan does not meet the requirements of subsection (3), an amended plan for approval that identifies a method chosen in accordance with subsection (3) and contains the information referred to in subsection (2).