How to fly your Drone Legally
Many of Toole Peet Insurance clients use drones in the course of their businesses. From Real Estate Professionals, recreational video to property surveyors. We have obtained this new information about the new drone regulations from transport Canada to ensure the information provided in this article is correct. You must have a valid drone pilot certificate.
Legal Requirements when flying Drones
Drone pilots must follow the rules in the Canadian Aviation Regulations (CARs). Part IX – Remotely Piloted Aircraft Systems contains most of the rules that apply to drones. You should read these regulations in full before you fly your drone for the first time.
Drone pilots must carry a valid drone pilot certificate and only fly drones that are marked and registered.
Respect all other laws
You must respect all other laws when flying your drone. We encourage you to read the following documents before you fly for the first time:
Relevant sections of the Criminal Code, including Offences against Air or Maritime Safety, Breaking and Entering, and Mischief
your province’s trespass act
laws related to voyeurism and privacy
You must respect the privacy rights of others when you fly.
We investigate reports of unsafe flying. We may involve local police if you break other laws.
Fly your drone safely
It’s important that you fly your drone responsibly to avoid harming others. Here are the rules you need to follow.
Before you fly
Understand your legal requirements when flying drones
Understand the difference between basic and advanced operations
Get the necessary knowledge requirements
Choose the right drone if you want to perform advanced operations
Follow your drone manufacturer’s instructions
Survey the area where you will fly
Take note of any obstacles, such as buildings and power lines
While flying
To keep yourself and others safe, fly your drone:
where you can see it at all times
below 122 metres (400 feet) in the air
away from bystanders, at a minimum distance of 30 metres for basic operations
away from emergency operations and advertised events
Avoid forest fires, outdoor concerts and parades
away from airports and heliports
5.6 kilometres (3 nautical miles) from airports
1.9 kilometres (1 nautical mile) from heliports
far away from other aircraft
Don’t fly anywhere near airplanes, helicopters and other drones
Always respect the privacy of others while flying.
Penalties
You could face serious penalties, including fines and/or jail time, if you break the rules.
Fines for individuals
up to $1,000 for flying without a drone pilot certificate
up to $1,000 for flying unregistered or unmarked drones
up to $1,000 for flying where you are not allowed
up to $3,000 for putting aircraft and people at risk
Fines for corporations
up to $5,000 for flying without a drone pilot certificate
up to $5,000 for flying unregistered or unmarked drones
up to $5,000 for flying where you are not allowed
up to $15,000 for putting aircraft and people at risk
If you break more than one rule, you could receive multiple penaltie
Tips for First time Pilots
Make sure it is safe to fly (ask yourself, for example: are the batteries fully charged? Is it too cold or windy to fly?)
Fly your drone with someone who has flown a drone before
Fly your drone in an open space and away from people
Fly your drone close to the ground and at a low speed
Fly your drone during daylight and in good weather
Liability Insurance
While it is not mandatory to have public liability insurance it is recommended. Most personal Insurance Home Owners policies do not cover for this liability.
Useful terms to Know
Drone and Remotely Piloted Aircraft System (RPAS)
We use the term “drone” on these pages to refer to any type of Remotely Piloted Aircraft System (RPAS). There are a number of different terms for this technology. In Part IX of the Canadian Aviation Regulations, we use the term Remotely Piloted Aircraft Systems to align with our international partners.
Visual-line-of-sight (VLOS)
Visual-line-of-sight means keeping your device in sight at all times without visual aid (for example, binoculars or video feed). This means not flying into clouds or fog, or behind trees, buildings or other (even partial) obstructions.
Bystander
Bystander refers to anyone that is not directly associated with operating the drone. Among others, this excludes the pilot and crew.