441-01804 (Transportation)

In 2019, with the coming into force of Part IX – Remotely Piloted Aircraft Systems of the Canadian Aviation Regulations (CARs), which contain most of the rules that apply to all Remotely Piloted Aircraft Systems (RPAS) up to 25 kilograms conducting visual line-of-sight (VLOS) operations, Transport Canada issued an exemption to the Model Aeronautics Association of Canada (MAAC) 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.  

When the new regulations came into effect, the definition of “model aircraft” and any reference to model aircraft in the CARs was repealed, and the term Remotely Piloted Aircraft (RPA) was introduced to refer to “a navigable aircraft, other than a balloon, rocket, or kite that is operated by a pilot who is not on board” (CARs?101.01), which includes both drones and model aircraft. This change reflected a focus on regulating that is based on the risks posed by the weight of the aircraft and operating environment, not its end-use.   

The decision to issue an exemption to the MAAC 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 CARs, which sets out registration, pilot licensing, and operational requirements for RPAS in Canada. The exemption included several conditions designed to further mitigate potential safety risks, including that the exemption would no longer be valid should any of the conditions be breached.    

On February 3, 2023, the MAAC was notified that the exemption was rendered invalid due to a breach of Condition #3 of the exemption, which read that “Prior to sanctioning a field in Class C, D, E, F, or any other type of restricted airspace, the MAAC 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 RPAS at the field”. Since the MAAC 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from the controlling agency (NAV CANADA) prior to sanctioning some fields in controlled airspace, the exemption is no longer valid.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 MAAC are now required to follow the rules set out in Part IX of the CARs.     

In parallel, in June 2023, Transport Canada pre-published proposed amendments to Part IX of the CARs, which would allow for routine beyond visual line-of-sight (BVLOS) operations with RPAS up to 150 kilograms away from populated areas in uncontrolled airspace at low altitudes and includes routine VLOS operations with RPAS 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 we navigate next steps.   

Transport Canada will continue to work with the MAAC 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 the MAAC. 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. 

All Canadian pilots of RPAS, 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 CARs. They are encouraged to consult Transport Canada’s safety resources to ensure their operations are safe, legal, and avoid harming others.