Canadian Aviation Regulations (SOR/96-433)

Issuance of Pilot Certificate — Remotely Piloted Aircraft — Level 1 Complex Operations

901.90 The Minister shall, on receipt of an application, issue a pilot certificate — remotely piloted aircraft — level 1 complex operations if the applicant demonstrates to the Minister that the applicant

• (a) is at least 18 years of age;

• (b) has successfully completed the examination “Remotely Piloted Aircraft Systems — Advanced Operations” in accordance with the document entitled Knowledge Requirements for Pilots of Remotely Piloted Aircraft Systems, 250 g up to and including 150 kg, Basic and Advanced Operations, TP 15263, published by the Minister;

• (c) has completed 20 hours of RPAS ground school instruction delivered by a training provider referred to in section 901.182 and covering the subjects set out in the document entitled Knowledge Requirements for Pilots of Remotely Piloted Aircraft Systems — Level 1 Complex Operations, TP 15530, published by the Minister;

• (d) has, after completion of the instruction referred to in paragraph (c), successfully completed the examination “Remotely Piloted Aircraft Systems — Level 1 Complex Operations” in accordance with the document entitled Knowledge Requirements for Pilots of Remotely Piloted Aircraft Systems — Level 1 Complex Operations, TP 15530, published by the Minister; and

• (e) has, within 12 months before the date of application, successfully completed a flight review in accordance with section 921.07 of Standard 921 — Remotely Piloted Aircraft conducted by a person qualified to act as a flight reviewer under subsection 901.175(2).

Recency Requirements

901.91 No holder of a pilot certificate — remotely piloted aircraft — level 1 complex operations shall operate a remotely piloted aircraft system under this Division unless the holder has, within the 24 months preceding the flight,

• (a) been issued a pilot certificate — remotely piloted aircraft — level 1 complex operations under section 901.90; or

• (b) successfully completed

  • (i) any of the examinations referred to in paragraph 901.55(b), 901.64(b) or 901.90(d),

  • (ii) any of the flight reviews referred to in paragraph 901.64(c) or 901.90(e), or

  • (iii) any of the recurrent training activities set out in section 921.04 of Standard 921 — Remotely Piloted Aircraft.

Access to Certificate and Proof

901.92 No pilot shall operate a remotely piloted aircraft system under this Division unless the following are easily accessible during the operation:

• (a) the pilot certificate — remotely piloted aircraft — level 1 complex operations issued under section 901.90; and

• (b) documentation demonstrating that the pilot meets the recency requirements set out in section 901.91.

Examination Rules

901.93 No person shall commit an act referred to in paragraphs 901.58(a) to (c) in respect of an examination taken under this Division.

Retaking of an Examination or Flight Review

901.94 No person who fails an examination or a flight review taken under this Division shall retake the examination or flight review for a period of 24 hours after the examination or review.

Declaration — Permitted Operations

• 901.95 (1) No pilot shall operate a remotely piloted aircraft system under this Division unless a declaration to the Minister has been made in accordance with section 901.194 in respect of that model of system and in respect of each of the technical requirements set out in Standard 922 that is applicable to the operation.

• (2) Despite subsection (1), a pilot may operate a remotely piloted aircraft system under this Division without a declaration having been made in respect of the technical requirements set out in section 922.10 of Standard 922 if a visual observer maintains unaided visual contact with the airspace in which the remotely piloted aircraft is operating in a manner sufficient to detect conflicting air traffic and other hazards and take action to avoid them and the operation is conducted in accordance with the Standard 923 — Vision-Based Detect and Avoid.

Operation of a Modified Remotely Piloted Aircraft System

• 901.96 (1) No pilot shall operate a remotely piloted aircraft system under this Division if the system has been modified in any way unless

  • (a) the pilot is able to demonstrate to the Minister that, despite the modification, the system continues to meet the technical requirements set out in Standard 922 that are applicable to the operation; and

  • (b) if applicable, the modification was performed in accordance with the instructions of the manufacturer of the part or equipment used to modify the system.

• (2) No pilot shall conduct an operation described in paragraph 901.87(b) using a remotely piloted aircraft system that has been modified in any way unless the modification was performed in accordance with the instructions of the person who has made a declaration referred to in section 901.194 in respect of that model of system.

[901.97 to 901.109 reserved]

Division VII — [Reserved]

[901.110 to 901.132 reserved]

Division VIII — [Reserved]

[901.133 to 901.155 reserved]

Division IX — [Reserved]

[901.156 to 901.174 reserved]

Division X — Training and Flight Review

Prohibition — Flight Reviewer

• 901.175 (1) No person shall perform the duties of a flight reviewer for a flight review referred to in paragraph 901.64(c) unless that person

  • (a) holds a pilot certificate — remotely piloted aircraft — advanced operations endorsed with a flight reviewer rating under section 901.176 or a pilot certificate — remotely piloted aircraft — level 1 complex operations endorsed with such a rating; and

  • (b) is able to demonstrate that they are affiliated with a training provider that has made a declaration to the Minister in accordance with the requirements of section 921.05 or 921.08 of Standard 921 — Remotely Piloted Aircraft.

• (2) No person shall perform the duties of a flight reviewer for a flight review referred to in paragraph 901.90(e) unless that person

  • (a) holds a pilot certificate — remotely piloted aircraft — level 1 complex operations endorsed with a flight reviewer rating under section 901.176; and

  • (b) is able to demonstrate that they are affiliated with a training provider that has made a declaration to the Minister in accordance with the requirements of section 921.08 of Standard 921 — Remotely Piloted Aircraft.

Flight Reviewer Rating

901.176 The Minister shall, on receipt of an application, endorse the applicant’s pilot certificate with a flight reviewer rating if the applicant demonstrates to the Minister that the applicant

• (a) is at least 18 years of age;

• (b) holds a pilot certificate — remotely piloted aircraft — advanced operations issued under section 901.64 or a pilot certificate — remotely piloted aircraft — level 1 complex operations issued under section 901.90 and meets the recency requirements set out in section 901.65 or 901.91, as the case may be;

• (c) has held one of the certificates referred to in paragraph (b) for at least six months immediately before the date of application; and

• (d) has successfully completed the examination “Remotely Piloted Aircraft Systems — Flight Reviewers” in accordance with the document entitled Knowledge Requirements for Pilots of Remotely Piloted Aircraft Systems, 250 g up to and including 150 kg, Basic and Advanced Operations, TP 15263, published by the Minister.

Examination Rules

901.177 No person shall commit an act referred to in paragraphs 901.58(a) to (c) in respect of an examination referred to in paragraph 901.176(d).

Retaking of Examination

901.178 No person who fails an examination referred to in paragraph 901.176(d) shall retake the examination for a period of 24 hours after the examination.

Eligibility to Make Declaration

901.179 A training provider is eligible to make a declaration to the Minister in accordance with the requirements of section 921.05 or 921.08 of Standard 921 — Remotely Piloted Aircraft if the training provider is Canadian.

Training Provider Requirements — Flight Reviews

901.180 A training provider that has made a declaration referred to in paragraph 901.175(1)(b) or (2)(b) shall

• (a) submit to the Minister the name of any person who is affiliated with the provider and who intends to perform the duties of a flight reviewer;

• (b) ensure that the person referred to in paragraph (a) conducts flight reviews in accordance with section 901.181; and

• (c) if the person referred to in paragraph (a) ceases to be affiliated with the provider, notify the Minister of that fact within seven days after the day on which the affiliation ceases.

Conduct of Flight Reviews

901.181 No person shall conduct a flight review referred to in paragraph 901.64(c) or 901.90(e) unless the review is conducted in accordance with section 921.06 of Standard 921 — Remotely Piloted Aircraft.

Training Provider Requirements — RPAS Ground School Instruction

• 901.182 (1) No training provider shall deliver the RPAS ground school instruction referred to in paragraph 901.90(c) unless the training provider

  • (a) has made a declaration to the Minister in accordance with the requirements of section 921.08 of Standard 921 — Remotely Piloted Aircraft; and

  • (b) has appointed a chief ground instructor responsible for the delivery of the RPAS ground school instruction.

• (2) A training provider shall inform the Minister within 30 days after any change in the appointment of a chief ground instructor.

Requirements for Chief Ground Instructor

901.183 No person shall act as chief ground instructor unless the person holds a pilot certificate — remotely piloted aircraft — level 1 complex operations issued under section 901.90 and endorsed with a flight reviewer rating under section 901.176.

Proof of Ground Instruction

901.184 A training provider shall provide written proof of completion to every person who completes the RPAS ground school instruction referred to in paragraph 901.90(c).

[901.185 to 901.193 reserved]

Division XI — RPAS Declaration

Declaration

• 901.194 (1) A person who makes a declaration to the Minister in respect of a model of remotely piloted aircraft system and in respect of any technical requirement set out in Standard 922 shall do so in accordance with subsection (2).

• (2) The declaration shall

  • (a) specify the legal name, trade name, if any, address and contact information of the person making the declaration and, in respect of the remotely piloted aircraft system,

    • (i) the name of the model,

    • (ii) the configurable elements of the system,

    • (iii) the operations described in section 901.69 or 901.87 that the model of system is intended to conduct, and

    • (iv) the technical requirements set out in Standard 922 that are the subject of the declaration; and

  • (b) indicate that the person making the declaration has verified that the model of system meets the technical requirements specified under subparagraph (a)(iv) and, in the case of a model for which an acceptance letter has been issued under section 901.196, has completed that verification using the means set out in the person’s application for an acceptance letter under subparagraph 901.196(2)(c)(ii).

• (3) In the case of a model of remotely piloted aircraft system that is intended to conduct any of the operations described in paragraph 901.69(f) or (g) or 901.87(b), no person shall provide the Minister with a declaration referred to in subsection (1) unless an acceptance letter has been issued in respect of that model of system under section 901.196 in the two years before the making of the declaration.

• (4) The declaration is invalid if

  • (a) the Minister has determined that the model of remotely piloted aircraft system does not meet the technical requirements specified under subparagraph (2)(a)(iv);

  • (b) the person who has made the declaration has provided a notification to the Minister under section 901.195; or

  • (c) the person who has made the declaration has failed to submit their annual report in accordance with section 901.199.

• (5) In the case referred to in paragraph (4)(b) in respect of a notification referred to in paragraph 901.195(1)(b), the declaration is only invalid with respect to the operations described in paragraphs 901.69(f) and (g) and 901.87(b).

• (6) In the case referred to in paragraph (4)(c), the declaration is only invalid with respect to the operations described in paragraphs 901.69(f) and (g) and 901.87(b) and only for the period during which the annual report is outstanding.

• (7) A person who has made a declaration shall notify the Minister within 30 days after any change to the names, address or contact information referred to in paragraph (2)(a).

Notice to the Minister

• 901.195 (1) A person who has made a declaration referred to in section 901.194 shall notify the Minister of

  • (a) any deficiency related to the model of remotely piloted aircraft system that causes the model to no longer meet the technical requirements specified under subparagraph 901.194(2)(a)(iv); and

  • (b) the fact that they are no longer maintaining a service difficulty reporting system, if they are required to establish and maintain such a system under section 901.197.

• (2) The person shall notify the Minister, in the case referred to in paragraph (1)(a), as soon as feasible after the deficiency is identified and, in the case referred to in paragraph (1)(b), on the day on which the person ceases to maintain the service difficulty reporting system.

Issuance of Acceptance Letter

• 901.196 (1) The Minister shall, on receipt of an application containing the information set out in subsection (2), issue an acceptance letter to the applicant in respect of a model of remotely piloted aircraft system that is the subject of the application, if the applicant demonstrates the ability to

  • (a) verify that the model of system meets the technical requirements set out in Standard 922 for which the applicant proposes to make a declaration referred to in section 901.194;

  • (b) establish and maintain a service difficulty reporting system that meets the requirements of section 901.197; and

  • (c) in the case of an applicant who manufactures an element of the remotely piloted aircraft system, ensure production consistency or, in the case of an applicant who provides a service that is an element of the system, ensure consistent activation and delivery of the service.

• (2) The applicant shall provide the following information:

  • (a) the applicant’s legal name, trade name, if any, address and contact information;

  • (b) a concept of operations that includes

    • (i) a description of the principal design features and specifications of the remotely piloted aircraft system, including a technical description of

      • (A) the remotely piloted aircraft, including the category of aircraft, such as a fixed-wing aircraft, rotary-wing aircraft, hybrid aircraft or lighter-than-air aircraft, and

      • (B) all other elements of the system that are required for it to meet the technical requirements identified under subparagraph (c)(i),

    • (ii) an indication of the operations described in section 901.69 or 901.87 that the model of system is intended to conduct,

    • (iii) a description of any operating limitations of the system, including personnel or environmental limitations, that must be adhered to in order for the system to meet the technical requirements identified under subparagraph (c)(i),

    • (iv) any procedures for operating the system, instructions for integrating and testing the elements of the system and instructions related to the servicing and maintenance of the system, and

    • (v) any mandatory actions that must be completed in order for the system to meet the technical requirements identified under subparagraph (c)(i);

  • (c) a declaration plan that identifies

    • (i) the technical requirements set out in Standard 922 for which the applicant proposes to make a declaration referred to in section 901.194,

    • (ii) the means to be used to demonstrate that the model system meets the technical requirements referred to in subparagraph (i), including any industry standards that will be followed and any proposed deviations from those standards, and how those means will demonstrate that the system meets those technical requirements,

    • (iii) the resources necessary for carrying out the demonstration referred to in subparagraph (ii), and

    • (iv) the schedule for carrying out the demonstration referred to in subparagraph (ii);

  • (d) copies in English or French, or both, of all standards the applicant intends to follow to demonstrate that the system meets the technical requirements identified under subparagraph (c)(i);

  • (e) documentation that demonstrates that the applicant has, or has access to, the technical capability to

    • (i) conduct the design analyses and tests required to demonstrate that the system meets the technical requirements identified under subparagraph (c)(i),

    • (ii) manufacture any elements of the remotely piloted aircraft system for which the applicant is the manufacturer, and

    • (iii) support the operation of the remotely piloted aircraft system in service;

  • (f) in the case of an applicant who manufactures an element of the system, a manufacturing plan that includes a description of the

    • (i) manufacturing processes, including how the applicant will ensure production consistency,

    • (ii) quality control procedures, including with respect to work performed by a supplier contracted by the applicant, and

    • (iii) configuration management processes for all aspects of production;

  • (g) in the case of an applicant who provides a service that is an element of the system, a commissioning plan that includes a description of the

    • (i) procedures and tests for the service’s activation, and

    • (ii) procedures for verifying that the service is functioning as intended; and

  • (h) a product support plan that describes how the applicant will support the operation of the system in service, including

    • (i) a description of the service difficulty reporting system that the applicant will establish under section 901.197,

    • (ii) a description of the modifications that can be performed on the system by a person other than the applicant and any instructions with respect to those modifications,

    • (iii) a description of the required system maintenance and how the system, or elements of it, can be returned for maintenance, and

    • (iv) a description of how any mandatory actions will be made available to each user of the model of system.