Archive · April 2019
Notes From a Transport Canada RPAS Information Session
Points that came out of a TC session at BCIT Richmond, and which of them still hold.
Archived notes from April 2019. These were written up shortly after the session, before several significant regulatory changes — most notably the amendments of 4 November 2025. Most of the principles below still hold, and where something has moved on we have said so inline.
On Tuesday 23 April 2019, Transport Canada held an information session at BCIT’s Richmond campus, hosted by Justin Miller, a Technical Team Lead on the RPAS Task Force, and Jason Rule of the RPAS Centre of Excellence. After a short presentation on the regulations they opened the floor to the twenty or so people present. Several points were worth writing down.
Procedures Apply to Everyone
Both Basic and Advanced category pilots need site survey, normal and emergency procedures, and must follow those processes on every flight. Still current — the requirements sit in CARs 901.23, 901.27 and 901.28, and our guide to standard operating procedures sets out what each must contain.
What Counts as a Bystander
A bystander is anyone not directly involved in the operation. If you overfly a job site occupied by workers — a construction crew, or cast and crew on a film set — they should be briefed that the operation is happening and made aware of the risks, but they are not bystanders. Apply common sense.
Airspace Tools
The session flagged that the NRC Site Selection Tool would be updated and renamed the “Where 2 Fly Portal”, adding guidance on procedures for accessing airspace alongside the top-down view.
This did not play out as described. The National Research Council’s drone site selection tool still exists under its own name, and NAV Drone has since become the primary tool for checking airspace and requesting authorisation in controlled airspace. Use NAV Drone first.
One detail from the session remains useful: alongside airspace boundaries and the 3 NM buffer around airports and 1 NM around heliports, there are also restricted areas depicted around runways themselves.
Tethered Drones
The session stated that tethered drones are not considered drones for the purposes of Part IX, and are instead governed by CAR Standard 621 Chapter 11 as obstacles to navigation. We have not re-verified this against the current standard — if you are planning tethered operations, confirm the position with Transport Canada before you rely on it.
Transport Canada Does Not Regulate Privacy
The absence of privacy provisions in the CARs does not exempt you from privacy law. Familiarise yourself with the Privacy Act and PIPEDA, Parks Canada regulations, and the rules covering operations near wildlife.
On wildlife, the heuristic offered was a good one: if you are close enough to make an animal move, you are too close. Also worth knowing are the Species at Risk Act, the Marine Mammal Regulations and the Migratory Bird Regulations.
Enforcement
Transport Canada had been working with the RCMP and local police forces to train officers on enforcing the Aeronautics Act, under which the CARs sit, including a ticketing booklet with a decision tree. Be ready to produce your certificate, registration and other required documents on request.
Beyond CARs infractions, RPAS pilots can also be charged under the Criminal Code for mischief, endangering aircraft, or operating under the influence. Penalties are assessed per contravention, so a single bad flight can attract several at once — some of the videos circulating at the time would have added up to a very large figure had Transport Canada chosen to pursue them.
Current penalties. Transport Canada now publishes these directly: for an individual, up to $1,000 for flying without a pilot certificate, $3,000 for flying where you are not allowed, $3,000 for endangering aircraft or people, and $5,000 for an unregistered or unmarked drone. Corporate figures are $5,000, $15,000, $15,000 and $25,000 respectively.
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