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Canadians need to feel safe on the ground and in the sky. This includes when they are travelling on a flight or attending public events.
Following an investigation of two incidents in downtown Toronto, Transport Canada has issued notices of assessment of monetary penalties to an individual for 11 violations of the Canadian Aviation Regulations (CARS) related to the operation of a remotely piloted aircraft system — commonly known as a drone.
During celebrations after the final game of the National Basketball Association Championship on June 13, 2019, and during the Toronto Raptor’s victory celebration four days later, an individual flew a drone over both outdoor events. The flights appeared to be in violation of several provisions of the Canadian Aviation Regulations.
Transport Canada opened an investigation into the incidents, and based on the evidence collected, the individual has been served fines totalling $2,750.
The alleged violations and associated penalties include:
- CAR section 901.02: No person shall operate a remotely piloted aircraft system unless it is registered […]. Total penalty of $500 (two alleged violations at $250 each);
- CAR section 901.14(1): […] no pilot shall operate a remotely piloted aircraft in controlled airspace. Total penalty of $500 (two alleged violations at $250 each);
- CAR section 901.26: […] no pilot shall operate a remotely piloted aircraft at a distance of less than 100 feet (30 m) from another person, measured horizontally and at any altitude […]. Total penalty of $500 (two alleged violations at $250 each);
- CAR section 901.41(1): No pilot shall operate a remotely piloted aircraft system at any special aviation event or at any advertised event except in accordance with a special flight operations certificate […]. Total penalty of $250;
- CAR section 901.47(2): […] no pilot shall operate a remotely piloted aircraft at a distance of less than (a) three nautical miles from the centre of an airport; and (b) one nautical mile from the centre of a heliport. Total penalty of $500 (two alleged violations at $250 each); and,
- CAR section 901.54(1): […] no person shall operate a remotely piloted aircraft system under this division unless the person […] holds either (i) a pilot certificate – small remotely piloted aircraft (VLOS) – basic operations […]; or (ii) a pilot certificate – small remotely piloted aircraft (VLOS) – advanced operations […].Total penalty of $500 (two alleged violations at $250 each).
In support of the minister of Transport’s mandate to protect Canadians and aviation safety, Transport Canada’s drone regulations came into effect June 1, 2019. It is mandatory for pilots of all remotely piloted aircraft weighing more than 250 grams and less than 25 kilograms to register their drones and obtain a drone pilot certificate (basic or advanced). There are additional requirements for drone pilots who want to fly in controlled airspace or over bystanders, including holding an advanced remotely piloted aircraft systems pilot certificate; passing a flight review; seeking Nav Canada’s permission to fly in the airspace; and flying a drone that has been declared safe for the intended purpose by the manufacturer. Administrative monetary penalties are put in place to ensure compliance with the regulations.
Individuals who have been served with or sent a notice of assessment of monetary penalty may file a request with the Transportation Appeal Tribunal of Canada for a review of the facts of the alleged violation(s) or of the amount of the penalty.
“Transport Canada is committed to enhancing aviation and public safety while encouraging innovation and economic growth in the drone sector, but operating a drone in Canadian airspace is a regulated activity and the department will enforce the regulations to ensure compliance. The safety of Canadians is our number one priority. Drone pilots must fly responsibly and must never put people or aircraft in danger,” said Garneau.
