441-01617 (Transportation)

In 2019, with the coming into force of Part IX – Remotely Piloted Aircraft Systems of the Canadian Aviation Regulations,Transport Canada issued an Exemption to the Model Aeronautics Association of Canada that allowed its members to operate model aircraft between 250 grams and 35 kilograms while abiding by all applicable safety guidelines and conditions set out in the Exemption. 

The decision to issue an exemption to the Model Aeronautics Association of Canada was based on an assessment of their safety policies and procedures, which were assessed as providing an acceptable level of safety to Part IX of the Canadian Aviation Regulations, which sets out registration, pilot licensing, and operational requirements for remotely piloted aircraft system in Canada. The Exemption included several conditions designed to further mitigate potential safety risks, including that it would no longer be valid should any of the conditions be breached.

On February 3, 2023, Model Aeronautics Association of Canada was notified that the Exemption was rendered invalid due to a breach of Condition #3, which read that “Prior to sanctioning a field in Class C, D, E, F, or any other type of restricted airspace,  Model Aeronautics Association of Canada shall obtain an authorization through a written agreement from the appropriate controlling agency or user agency for the area, [and] shall include operational boundaries, maximum altitudes, and communication protocols to facilitate the safe operation of remotely piloted aircraft system at the field”. Since the Model Aeronautics Association of Canada did not receive written authorization from the controlling agency (NAV CANADA) prior to sanctioning some fields in controlled airspace, the Exemption is no longer valid. As such, members of the Model Aeronautics Association of Canadaare now required to follow the rules set out in Part IX of the Canadian Aviation Regulations.

Canadian Aviation Regulations 101.01(1) defines a remotely piloted aircraft as “a navigable aircraft, other than a balloon, rocket, or kite that is operated by a pilot who is not on board.” This includes drones and model aircraft.

All Canadian pilots of remotely piloted aircraft systems, including recreational operators, must understand that they are sharing the skies with other aircraft and follow the rules set out in Part IX of the Canadian Aviation Regulations. They are encouraged to consult Transport Canada’s safety resources to ensure their operations are safe, legal, and avoid harming others.

In parallel, in June 2023 Transport Canada pre-published proposed amendments to Part IX of the Canadian Aviation Regulations, which would allow for routine beyond visual line-of-sight operations with remotely piloted aircraft systems up to 150 kg away from populated areas in uncontrolled airspace at low altitudes and includes routine visual line-of-sightoperations with remotely piloted aircraft systems up to 150 kilograms. Although distinct from the cancellation of the Exemption, Transport Canada has received substantial feedback from the Canadian model aircraft community that will be taken into consideration as it navigates next steps.  

Transport Canada will continue to work with Model Aeronautics Association of Canada and the broader model aircraft community to determine appropriate next steps and facilitate the safe and legal use of Canadian airspace by its members. To date, no replacement application has been received from Model Aeronautics Association of Canada. Anyone may apply for an exemption at any time if they can demonstrate that their proposed operation is in the public interest and would not negatively affect aviation safety. For more information, please send an email to ExemptionsAviation@tc.gc.ca.