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Sunday, March 26, 2017

Canada Bans RC flying and Drones - No One Seems to Care???

I have been Flying model aircraft for 60 years without any accidents causing damage or injury to the public or any living creature.

Mostly I fly at MAAC club sites but not all the time (some float flying at a lake or river).

If the truth were to be known most model flyers have flown from other than MAAC club sites.

I was blown away when I learned of the  New Interim Rules; which effectively bans model aircraft and drones from flight in Canada except at MAAC approved club sites.


The New Interim Rules introduced by The Transport Minister are a collection typical bureaucratic mumbo jumbo which even a Philadelphia lawyer would have trouble interpreting. As I see it, the conditions of compliance could never be met. For instance, where on this planet, could one find a flying site; 250 feet away from any living animal or thing?


The minister has certainly taken the easiest approach possible with this legislation; he adopted existing rules for piloted aircraft an applied them to model aircraft with a weight of 251 grams or more so that in his very words "he can sleep at night".


In my opinion the minister has committed a shameful disservice to the model aircraft community by his actions in this matter.


While I am at it I would like to add that MAAC has abdicated from its mandate to protect its members by resisting these opressive set of rules.  

TThe New Interim Rules:
H
The New Interim Rules: Interim Order Respecting the Use of Model Aircraft Whereas the annexed Interim Order Respecting the Use of Model Aircraft is required to deal with a significant risk, direct or indirect, to aviation safety or the safety of the public; Whereas the provisions of the annexed Interim Order Respecting the Use of Model Aircraft may be contained in a regulation made pursuant to section 4.9Footnotea, paragraphs 7.6(1)(a)Footnoteb and (b)Footnotec and section 7.7Footnoted of Part I of the Aeronautics ActFootnotee; And whereas, pursuant to subsection 6.41(1.2)Footnotef of the Aeronautics ActFootnotee, the Minister of Transport has consulted with the persons and organizations that the Minister considers appropriate in the circumstances before making the annexed Interim Order Respecting the Use of Model Aircraft; Therefore, the Minister of Transport, pursuant to subsection 6.41(1)Footnotef of the Aeronautics ActFootnotee, makes the annexed Interim Order Respecting the Use of Model Aircraft. Ottawa, March 13, 2017 Le ministre des Transports, Marc Garneau Minister of Transport Interim Order Respecting the Use of Model Aircraft Interpretation Definitions 1 (1) The following definitions apply in this Interim Order. model aircraft means an aircraft, the total weight of which does not exceed 35 kg (77.2 pounds), that is mechanically driven or launched into flight for recreational purposes and that is not designed to carry persons or other living creatures. (modèle réduit d’aéronef) Regulations means the Canadian Aviation Regulations. (Règlement) restricted airspace means airspace of fixed dimensions that is so specified in the Designated Airspace Handbook and within which the flight of an aircraft is restricted in accordance with conditions specified in that Handbook, or airspace that is restricted under section 5.1 of the Act. (espace aérien réglementé) unmanned air vehicle means a power-driven aircraft, other than a model aircraft, that is designed to fly without a human operator on board. (véhicule aérien non habité) visual line-of-sight or VLOS means unaided visual contact with an aircraft sufficient to be able to maintain control of the aircraft know its location, and be able to scan the airspace in which it is operating to decisively see and avoid other aircraft or objects. (visibilité directe ou VLOS) Interpretation (2) Unless the context requires otherwise, all other words and expressions used in this Interim Order have the same meaning as in the Regulations. Conflict between Interim Order and Regulations (3) In the event of a conflict between this Interim Order and the Regulations, the Interim Order prevails. Designated Provisions Designation 2 (1) The designated provisions set out in column 1 of the schedule are designated as provisions the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2 of the Act. Maximum Amounts (2) The amounts set out in column II of the schedule are the maximum amounts of the penalty payable in respect of a contravention of the designated provisions set out in column I. Notice (3) A notice referred to in subsection 7.7(1) of the Act must be in writing and must specify (a) the particulars of the alleged contravention; (b) that the person on whom the notice is served or to whom it is sent has the option of paying the amount specified in the notice or filing with the Tribunal a request for a review of the alleged contravention or the amount of the penalty; (c) that payment of the amount specified in the notice will be accepted by the Minister in satisfaction of the amount of the penalty for the alleged contravention and that no further proceedings under Part I of the Act will be taken against the person on whom the notice in respect of that contravention is served or to whom it is sent; (d) that the person on whom the notice is served or to whom it is sent will be provided with an opportunity consistent with procedural fairness and natural justice to present evidence before the Tribunal and make representations in relation to the alleged contravention if the person files a request for a review with the Tribunal; and (e) that the person on whom the notice is served or to whom it is sent will be considered to have committed the contravention set out in the notice if they fail to pay the amount specified in the notice and fail to file a request for a review with the Tribunal within the prescribed period. Application Recreational Purposes 3 (1) Subject to subsection (2), this Interim Order applies in respect of model aircraft having a total weight of more than 250 grams (0.55 pounds) but not more than 35 Kg (77.2 pounds). (2) It does not apply to unmanned air vehicles; and model aircraft operated at events organized by the Model Aeronautics Association of Canada (MAAC) or at airfields located in a zone administered by MAAC or a MAAC club. Suspended Provision Of Regulations Prohibited Use 4 The effect of section 602.45 of the Regulations is suspended in respect of the model aircraft referred to in subsection 3(1). Model Aircraft Operating and Flight Provisions Prohibitions (5) (1) A person must not operate a model aircraft (a) at an altitude greater than 300 feet AGL; (b) at a lateral distance of less than 250 feet (75m) from buildings, structures, vehicles, vessels, animals and the public including spectators, bystanders or any person not associated with the operation of the aircraft; (c) within 9 km of the centre of an aerodrome; (d) within controlled airspace; (e) within restricted airspace; (f) over or within a forest fire area, or any area that is located within 9 km of a forest fire area; (g) over or within the security perimeter of a police or first responder emergency operation site; (h) over or within an open-air assembly of persons; (i) at night; or (j) in cloud. (2) A person must not operate more than one model aircraft at a time. Right of Way 6 A person operating a model aircraft must give way to manned aircraft at all times. Visual Line-of-Sight 7 (1) A person operating a model aircraft must ensure that it is operated within VLOS at all times during the flight. (2) No person shall operate a model aircraft when the aircraft is at a lateral distance of more than 1640 feet (500 m) from the person’s location. Contact Information 8 The owner of a model aircraft shall not operate or permit a person to operate the aircraft unless the name, address and telephone number of the owner is clearly made visible on the aircraft. SCHEDULE (Subsections 2(1) and (2)) DESIGNATED PROVISIONS Column I Designated Provision Column II Maximum Amount of Penalty ($) Individual Corporation Section 5 3,000 15,000 Section 6 3,000 15,000 Section 7 3,000 15,000 Section 8 3,000 15,000 Footnotes Footnote a S.C. 2014, c. 39, s. 144 Return to footnoteareferrer Footnote b S.C. 2015, c. 20, s. 12 Return to footnotebreferrer Footnote c S.C. 2004, c. 15, s. 18 Return to footnotecreferrer Footnote d S.C. 2001, c. 29, s. 39 Return to footnotedreferrer Footnote e R.S., c. A-2 Return to footnoteereferrer Footnote f

Interim Order Respecting the Use of Model Aircraft

Whereas the annexed Interim Order Respecting the Use of Model Aircraft is required to deal with a significant risk, direct or indirect, to aviation safety or the safety of the public;
Whereas the provisions of the annexed Interim Order Respecting the Use of Model Aircraft may be contained in a regulation made pursuant to section 4.9Footnotea, paragraphs 7.6(1)(a)Footnoteb and (b)Footnotec and section 7.7Footnoted of Part I of the Aeronautics ActFootnotee;
And whereas, pursuant to subsection 6.41(1.2)Footnotef of the Aeronautics ActFootnotee, the Minister of Transport has consulted with the persons and organizations that the Minister considers appropriate in the circumstances before making the annexed Interim Order Respecting the Use of Model Aircraft;
Therefore, the Minister of Transport, pursuant to subsection 6.41(1)Footnotef  of the Aeronautics ActFootnotee, makes the annexed
Interim Order Respecting the Use of Model Aircraft. Ottawa, March 13, 2017
Le ministre des Transports,
Marc Garneau Minister of Transport

Interim Order Respecting the Use of Model Aircraft

Interpretation

Definitions

1 (1)  The following definitions apply in this Interim Order.
model aircraft means an aircraft, the total weight of which does not exceed 35 kg (77.2 pounds), that is mechanically driven or launched into flight for recreational purposes and that is not designed to carry persons or other living creatures. (modèle réduit d’aéronef)
Regulations means the Canadian Aviation Regulations. (Règlement)
restricted airspace means airspace of fixed dimensions that is so specified in the Designated Airspace Handbook and within which the flight of an aircraft is restricted in accordance with conditions specified in that Handbook, or airspace that is restricted under section 5.1 of the Act. (espace  aérien  réglementé)
unmanned air vehicle means a power-driven aircraft, other than a model aircraft, that is designed to fly without a human operator on board. (véhicule  aérien  non  habité)
visual line-of-sight or VLOS means unaided visual contact with an aircraft sufficient to be able to maintain control of the aircraft know its location, and be able to scan the airspace in which it is operating to decisively see and avoid other aircraft or objects. (visibilité  directe ou VLOS)

Interpretation

(2) Unless the context requires otherwise, all other words and expressions used in this Interim Order have the same meaning as in the Regulations.

Conflict between Interim Order and Regulations

(3) In the event of a conflict between this Interim Order and the Regulations, the Interim Order prevails.

Designated Provisions

Designation

2 (1) The designated provisions set out in column 1 of the schedule are designated as provisions the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2 of the Act.

Maximum Amounts

(2) The amounts set out in column II of the schedule are the maximum amounts of the penalty payable in respect of a contravention of the designated provisions set out in column I.

Notice

(3) A notice referred to in subsection 7.7(1) of the Act must be in writing and must specify
  1. (a) the particulars of the alleged contravention;
  2. (b) that the person on whom the notice is served or to whom it is sent has the option of paying the amount specified in the notice or filing with the Tribunal a request for a review of the alleged contravention or the amount of the penalty;
  3. (c) that payment of the amount specified in the notice will be accepted by the Minister in satisfaction of the amount of the penalty for the alleged contravention and that no further proceedings under Part I of the Act will be taken against the person on whom the notice in respect of that contravention is served or to whom it is sent;
  4. (d) that the person on whom the notice is served or to whom it is sent will be provided with an opportunity consistent with procedural fairness and natural justice to present evidence before the Tribunal and make representations in relation to the alleged contravention if the person files a request for a review with the Tribunal; and
  5. (e) that the person on whom the notice is served or to whom it is sent will be considered to have committed the contravention set out in the notice if they fail to pay the amount specified in the notice and fail to file a request for a review with the Tribunal within the prescribed period.

Application

Recreational Purposes

3 (1) Subject to subsection (2), this Interim Order applies in respect of model aircraft having a total weight of more than 250 grams (0.55 pounds) but not more than 35 Kg (77.2 pounds).
(2) It does not apply to
  1. unmanned air vehicles; and
  2. model aircraft operated at events organized by the Model Aeronautics Association of Canada (MAAC) or at airfields located in a zone administered by MAAC or a MAAC club.

Suspended Provision Of Regulations

Prohibited Use

The effect of section 602.45 of the Regulations is suspended in respect of the model aircraft referred to in subsection 3(1).

Model Aircraft Operating and Flight Provisions

Prohibitions

(5) (1) A person must not operate a model aircraft
  1. (a) at an altitude greater than 300 feet AGL;
  2. (b) at a lateral distance of less than 250 feet (75m) from buildings, structures, vehicles, vessels, animals and the public including spectators, bystanders or any person not associated with the operation of the aircraft;
  3. (c) within 9 km of the centre of an aerodrome;
  4. (d) within controlled airspace;
  5. (e) within restricted airspace;
  6. (f) over or within a forest fire area, or any area that is located within 9 km of a forest fire area;
  7. (g) over or within the security perimeter of a police or first responder emergency operation site;
  8. (h) over or within an open-air assembly of persons;
  9. (i) at night; or
  10. (j) in cloud.
(2)  A person must not operate more than one model aircraft at a time.

Right of Way

A person operating a model aircraft must give way to manned aircraft at all times.

Visual Line-of-Sight

7 (1) A person operating a model aircraft must ensure that it is operated within VLOS at all times during the flight.
(2) No person shall operate a model aircraft when the aircraft is at a lateral distance of more than 1640 feet (500 m) from the person’s location.

Contact Information

The owner of a model aircraft shall not operate or permit a person to operate the aircraft unless the name, address and telephone number of the owner is clearly made visible on the aircraft.

SCHEDULE

(Subsections 2(1) and (2))

DESIGNATED PROVISIONS

Column I
Designated Provision
Column II
Maximum Amount of Penalty ($)
Individual
Corporation
Section 5
3,000
15,000
Section 6
3,000
15,000
Section 7
3,000
15,000
Section 8
3,000
15,000




















Model Aeronautics Association of Canada March 16, 2017 Burlington, ON For Immediate Release Transport Canada Regulations Limit Model Aviation Activities MAAC Members and Clubs See Exemptions Transport Canada's announcement of interim regulations for drone use will impact model aviation enthusiasts across the country that are flying any model aircraft between 250g and 35kg. The regulations place restrictions on how high model aircraft can be flown, and minimum distances from people and buildings when flying that will severely limit how and where people can enjoy the hobby. A press release from Transport Canada states that not only must recreational users put their contact information on drones, but also that they may not fly higher than 90 metres, within 150 metres of buildings, vehicles or people, or within 9 kilometers of the centre of any aerodrome. However, within the regulations is an exemption for Model Aeronautics Association of Canada (MAAC) Members flying at MAAC sanction fields and/or events. The exemption granted to MAAC members and sanctioned events is crucial to the continued operation of hundreds of clubs across the country. "The Model Aeronautics Association of Canada acknowledges Transport Canada's safety concerns and is appreciative for the clear recognition of the long history of safe operations by our membership," says MAAC President Rodger Williams. "One of MAAC's primary goals is keeping our members informed on how to enjoy the hobby while keeping safety in the forefront. Those efforts have paid off with this exemption." MAAC offers flying venues through more than 350 existing clubs across the country, always welcoming new members and clubs. MAAC Regulations and safety guidelines are openly available on the association's website (maac.ca) and are subject to change through member feedback and experience. About The Model Aeronautics Association of Canada (MAAC): MAAC is Canada's internationally and federally recognized model aviation sanctioning body. Additionally, MAAC is a sitting member of Canadian Aviation Regulatory Advisory Council, holds corporate membership with Unmanned Systems Canada, and is a voting member of the Fédération Aéronautique Internationale and the Aero Club of Canada. For over 65 years MAAC has provided leadership, safety guidelines, and liability insurance to individual members, clubs, and field owners. MAAC serves over 11,500 members across Canada. MAAC members are active in all disciplines of model aviation from free-flight models through radio controlled scale and competition models, including multi-rotor aircraft and rocketry. For more information contact: Rodger Williams, President President@MAAC.ca +1 418 564-5225

Great Hobbies proposal and concernns:
There are three areas that are of most concern: • Park Flyers • Model Sailplanes and Gliding • MAAC Members that fly from locations other than MAAC sanctioned fields and events

Let’s Get to the Root of the Problem There seems to be three major concerns that have led to the interim rulemaking with regard to UAVs. These include: 1. Danger to Full Scale Aviation 2. Flying drones in congested areas and over gatherings of people 3. Privacy concerns In almost every case of interference with full scale aviation, the device involved was a drone or, more rarely, a camera-carrying RC helicopter. There is one element that is in common with all of these problem areas—THE OFFENDING UAV WAS CARRYING A CAMERA! The vast majority, if not all, of the concerns and reports of issues, have been with operators that are using UAVs as a camera platform to get the latest cool picture or video. Non-camera-carrying UAVs have RARELY been an issue. Therefore, I recommend that any noncamera-carrying UAV, such as a traditional model aircraft, be exempt from these proposed regulations. For non-camera-carrying UAVs, one simple rule is all that needs to apply and that was essentially in place in the CARs before March 16, 2017: “Do not fly your UAV or model aircraft in such a way that it could endanger full-scale aviation or people”. PERIOD Burdening the hobbyists, organizations, and the associated industry involved in traditional model aviation with the proposed additional regulations is completely unnecessary, and will solve no problems, as virtually no problem has existed historically. It will simply hinder this recreational pastime and the many Canadian businesses that support it.

Drone Hits Jet Aircraft at Quebec Canada

QUEBEC—A collision between a commercial aircraft and a drone near Quebec City’s airport last week highlights the potential danger posed by unmanned aerial vehicles, authorities and aircraft experts said Sunday. Transport Minister Marc Garneau said he was “extremely preoccupied” to hear that a small Skyjet plane was struck by a drone as it approached the Jean Lesage airport on Thursday. “This should not have happened, that drone should not have been there, and it’s important to point out that aircraft are particularly vulnerable when they’re on final approach,” he told reporters in Montreal. Garneau added it was the first recorded incident of a drone hitting a commercial plane in Canada. “It is important to remind all people that use drones for recreational purposes that there are rules in place,” he said. An airport spokesperson said the plane was arriving from Rouyn-Noranda, Que., with eight people aboard when it was struck about three kilometres from the airport. Mathieu Claise said the plane landed safely, but he couldn’t comment on the condition of the aircraft or the passengers. Greg McConnell, the national chairperson of the Canadian Federal Pilots’ Association, said the incident “was just a matter of time.” You might be interested in Toronto hydro said at least 25,000 people are experiencing power outages across the city after rain and high winds knocked down trees and power lines. Power almost fully restored in Toronto after winds knocked down trees, power lines Peel paramedics transported two men to hospital with serious stab wounds, and one succumbed to his injuries. Teen dies following double stabbing in Mississauga Gabriel Smarch in his apartment in the Kwanlin Dün First Nation, in Whitehorse. He says when he was 8, his school principal, identified in court as "J.V.", raped him, and he agreed to a recent settlement in the case. But at many points, adults failed to keep Gabriel safe. Drugs at 4 months. Sexual abuse as a child. Now he fights to keep the monster inside “There are a lot of drones flying, and there are a lot of people flying drones thinking they’re toys,” he said in a phone interview. He said that if a bird hitting an airplane engine can cause an emergency landing or “catastrophic event,” a drone could do the same. Transport Canada has issued a series of interim safety measures for drone operators as it continues to work to regulate the industry. Under these rules, it is illegal to fly a recreational drone within 5.5 kilometres from an airport and 1.8 kilometres from a heliport without special permission. Garneau said Sunday that the rules to be introduced in 2018 would include testing for pilots, mandatory identification of drones and an age limit. McConnell says he’s glad the federal government is taking steps to regulate drones, though he wonders why it seems to be taking so long. “These things have been around since the 1990s,” he said. “Let’s get a move on.” While the damage from Thursday’s collision appears to have been minor, Garneau said his department was taking the incident seriously. He said they were following the situation in partnership with airport officials, Quebec City police, NAV CANADA and the Transportation Safety Board of Canada. The news release stated that anyone who is found to have endangered the safety of an aircraft could face a $25,000 fine or prison time. It said 1,596 drone incidents have been reported to Transport Canada in 2017, with 131 of them being deemed aviation safety concerns.

December 2018 Update:

Upcoming Release of Canadian Aviation Regulations, Part IX (RPAS)
This document is intended to provide MAAC Members with some important information on the soon to be released regulations that will apply to UAS/RPAS/Model Aircraft.
1. The new regulations governing all Remotely Piloted Aircraft Systems (RPAS), which
include all aircraft operated without a pilot onboard, will be included is a new Part IX to the existing Canadian Aviation Regulations (CARs).
Note - Transport Canada will now use the term RPAS to identify all/any aircraft without a pilot onboard.
2. The new regulations will no longer differentiate between recreational use and non-
recreational use. This means that unless otherwise authorized, those operating model aircraft will have to follow the same regulations as the commercial operators.
3. Although the regulations are expected to be published before the end of this year, it
should be noted that the new regulations will not actually come into force (i.e. fully take effect) until approximately six (6) months after they are published in Canada Gazette II. Meaning that people are not required to follow the new regulations until they come into force date, which will likely be June, 2019.
4. Many of you may remember from the briefings Transport Canada provided last summer, that MAAC or similar organizations with established safety cultures were to be provided a "carve out" from the new Part IX regulations. Due to several factors, mainly timelines and Transport Canada resource issues, this "carve out" will now not be included in the initial release of UAS/RPAS regulations.
5. To address this issue, MAAC leadership has been working with Transport Canada to
secure an exemption to the new Part IX, RPAS regulations. This exemption will apply to all MAAC members, in good standing. With this exemption MAAC members will not be required to comply with the regulations in the new CARs, Part IX, provided they comply with MAAC’s published safety practices and guidelines and a few conditions in the exemption itself.
6. Once approved, this exemption will permit the vast majority of MAAC
activities/operations to be conducted as they are today. Details of the exemption will be provided to all members as part of an upcoming MAAC news letter.
7. The draft exemption is currently going through the final approval processes at Transport Canada and should be issued on the same day, or at minimum, very shortly after the new regulations are published in Canada Gazette II. This will be well before the coming into force date of the new regulations.
8. We hope you find the above information beneficial to assist with the transition to the new
regulations. More details will be provided soon.

9. Should you have any questions on the above information please contact your MAAC liaison to Transport Canada, Rodger Williams (rodgerwilliams9587@gmail.com )

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