Transport Canada Regulations Limit Model Aviation Activities

[Palkina]

John Taylor defeats FAA Registration Rule For Model Aircraft
https://www.suasnews.com/2017/05/john-taylor-defeats-faa-registration-rule-model-aircraft/

[Oscar]

Thank you Carlos.  I wonder how they are going to refund those money back to the them.

[mawz]

The proposed final regs are now available and in force as an interim regulation (the next step is that public input is taken, there may be changes before the finalized rule is published in the next Gazette)

http://www.gazette.gc.ca/rp-pr/p1/2017/2017-06-24/html/notice-avis-eng.php#na5

They're significantly less restrictive than the temporary regs.

Note the MAAC exemption for all sanctioned fields & events is much clearer here. Also exempt are all models under 250g (so UMX and similar are only subject to local bylaws).

The 9km from any airport has become 5.5km from any airport or 1.8km from any heliport. No operating within a control zone (do remember that outside of the close terminal area, control zones have a minimum altitude so you can be under them but not in them). This always was the biggest issue with the regs, and has been greatly lessened.

One new change is that aircraft between 250g and 1Kg must be operated at least 30m from any vehicle, vessel or the public (individuals involved in the operation of the aircraft do not count, I read this as instructors, spotters or the pilot). Aircraft over 1Kg but under 35Kg retain the 75m limit for this.

[vicwhit]

When the proposed regulations come into effect, say goodbye to the exemption we have been operating under. I highly recommend you read it (all 46 pages of it). You will find the new regs complicated, onerous, expensive, defeating, demoralizing, and deadly to our hobby as we know it.

I cannot understand why there is so much silence on the subject both within the club and from our Mother M.A.A.C.

I have sent this message to the M.A.A.C. chairperson in charge with Transport Canada activities.
"Hello Rodger,
You must be aware of the groundswell of concern regarding the impending changes to our hobby with the proposed Transport Canada regulations. I am completely astounded on the onerous and complex nature with the proposed rules. The hobby will not be anything what we know it as today. Many current hobbyists will leave the activity and new candidates will disappear. You won't even be able to teach your grandchildren how to fly until they are 14 years old. What a travesty to everyone!
Many, if not most of the members in my club have been complacent with the Interim Orders due to the M.A.A.C. exemption but almost everyone is unaware that the exemption ends with the new regulations.

M.A.A.C. has been mostly silent on this issue and the activities it has undertaken to protect and preserve our interests. It would be most appropriate for you, as the interface with Transport Canada to provide some insight on both the issue at hand and M.A.A.C.'s passed and planned actions."

I will pass on any comments I get.

[vicwhit]

I got this reply from Rodger Williams:
I understand your concern however there will not be any changes for MAAC members as we will be exempt from the new Transport Canada as before so for you and your club members just go and fly as before.
At this time we are attending meetings from coast to coast with Transport Canada. Keep your eyes on the MAAC website for updates

Thanks for your concern but just go and enjoy the hobby

To which I replied:
Thanks for your timely reply.

Unless M.A.A.C. has had undisclosed discussions with CARAC and Transport Canada, I am in disagreement.

Here is a quote from the Gazette: "Recreational operations that would be impacted by this amendment include the recreational operations that are currently required to adhere to the Interim Order and the existing "model aircraft" category operated under the auspices of MAAC."

We will be impacted. There are no exemptions mentioned in the proposed rules for any associations.
Thanks,
Vic

[vicwhit]

And Rodger's reply...

"They will come as promised"

That is it? We just complacently wait and see?

[bweaver]

Vic, I have not been successful in finding the following statement on the Gov of Canada web site, "Recreational operations that would be impacted by this amendment include the recreational operations that are currently required to adhere to the Interim Order and the existing "model aircraft" category operated under the auspices of MAAC."

Would you please attach a link to this statement so that it can be put in some kind of context?

[vicwhit]

http://www.gazette.gc.ca/rp-pr/p1/2017/2017-07-15/html/reg2-eng.php
Regulations Amending the Canadian Aviation Regulations (Unmanned Aircraft Systems)

Section "Description", second paragraph

[bweaver]

I have found the following text in the document you referred to that gives me some comfort Annex B: Summary Comparison of Regulatory Frameworks for Unmanned Air Systems (bottom row of table)

Also the following extract:

Aeromodelling associations

The following presents a rationale with respect to why the proposed Regulations do not include an exception for MAAC members.

MAAC has a long history of a safety culture, provides continued mentoring and guidance and has insurance for its members. It is Transport Canada's intent to develop criteria for new emerging model associations that can provide to their members the same mentoring as MAAC does. The proposed Regulations would apply to MAAC members until such time as these criteria are developed and further amendments are introduced to carve out those associations. Until the Regulations can be modified to address new and emerging aero-modelling associations, Transport Canada would issue an exemption to MAAC members to the proposed requirements, so as to not negatively impact this sector of the industry.

Further references include:

The proposed amendment differs from the NPA in two other areas, which will be further explored for subsequent regulatory proposals.

    (1) It was originally thought that aero-modellers with a UA above 1 kg, for instance, would not have to pass the Transport Canada knowledge test, identify their UA and have their own insurance. The NPA describes this segment of the UAS community as responsible for maintaining an excellent safety record by establishing safety codes and ensuring that members adhere to those safety codes. The proposed amendment does not preclude a person from joining an aero-modeller association where one could benefit from the group liability insurance provided by the association. The consideration that associations other than MAAC would want to benefit from the privileges of a mentoring type community led Transport Canada to delay regulating these types of associations until criteria could be developed that would provide equivalent safety within these emerging associations. Until those criteria have been identified and further regulatory changes have been introduced, an exemption to the proposed Regulations applying to persons who are members of MAAC in good standing will be issued by Transport Canada. The Aeronautics Act authorizes the Minister of Transport to exempt any person from the application of any regulation made under this Act, provided the exemption is in the public interest and is not likely to adversely affect aviation safety. Since MAAC members have demonstrated over time a safe operating record, this exemption is expected to be made available when the proposed Regulations are in force.

I can see one instance where the proposed regulation specifically regulates a MAAC member pursuant to 901.04(b)  Please refer to this requirement.  I don't think it will impact anyone in TEMAC but I meet be wrong.

"(b) the operation, by a member of the Model Aeronautics Association of Canada (MAAC) or another Canadian aeromodelling association, of an unmanned aircraft that has a maximum take-off weight of more than 35 kg (77.2 pounds) and that is used for recreational purposes;"

[mawz]

Bruce,

Models over 35Kg have long required special approval from Transport Canada, so that area is not a change.

[bweaver]

Quite true, however it appears that this specific requirement was necessary to add in the regulations so that a MAAC member will not be exempted in this instance when the government provides the specified MAAC exemption.