Documentation, Licensing,

Drones
MOS 3306B, 2024
DOCUMENTATION
 International Sources
• Chicago Convention:
– Article 29
– Article 34
 Canadian Sources
• CARs
– 202.26 (Certificate of Registration)
– 605.03 (Flight Authority)
– 605.95 (Journey Log)
– 606.02(9) (Proof of Liability Insurance)
– 103.02 (Produce for Inspection)
LICENSING
 International Sources
• Chicago Convention:
– Licenses
• Articles 32 and 33
• Articles 37(d) and 38
– ICAO has been notified of licensing differences with SARPs
• Articles 39(b) and 40
 Note on Permits
• Permits (Student Pilot, Gyroplane Pilot, Ultra-
light Aeroplane Pilot, Recreational –
Aeroplane Pilot) do not conform to ICAO
standards and are valid only in Canadian
airspace, unless authorized by the country in
which the flight is conducted.
 Canadian Sources
• Aeronautics Act, S. 4.9 (a)

• Bilateral flight crew licensing agreements with

contracting states of the Chicago Convention
 Medical Requirements
• Gudzinski v. Allianze (Alta. C.A., 2012)
– Without a medical certificate, a license is
“wastepaper”.
 Medical Requirements
• 404.01 - 404.06
– 404.04 (6) (6.1) (6.2) (6.3) – Validity of
certificates
• See table in TC AIM (p. 370) for
summary, especially in relation to
aeroplane licenses

• 404.10 – Categories of certificates

– See tables in TC AIM (pp. 374) for
summary, especially in relation to
aeroplane licenses

• 404.16 - 404.18 (civil aviation

medical examiners)

• Aeronautics Act
– S. 6.5 (1) and (2) (physician disclosure
duties)
• What kind of offence is this?
 Examinations
• CARs 400.01-400.04
 Licences
• CAR 401, Flight Crew Permits, Licences and
Ratings;
– See tables in TC AIM (pp. 367-368) for summary
(especially in relation to aeroplane licenses)
• CARs 401.03 – must
hold and be able to
produce
permit/licence/rating
and medical certificate

• CARs 401.04 –
conditions for foreign
flight crew
• CARs 401.05
 Personal Logs
• S. 401.08
 Language Proficiency
• ICAO SARPs require language proficiency for use of
radiotelephony communications in international
flights
– Either English or the language used by the station on the
ground

• CARs 401.06 (1.1)/421.06(4) of Standards

• “Operational” corresponds to ICAO Levels 4 and 5
– Minimum required
– Must be retested every 5 years
• “Expert” corresponds to ICAO Level 6
 Issuance
• S. 401.06 – 401.07
 Privileges
• 401.19 – student permit

• 401.22 – pilot permit

• 401.26 – private pilot licence

• 401.30 – commercial pilot licence

• 401.32 – multi-crew licence

• 401.34 – airline transport pilot licence

Refusal to Issue
• Aeronautics Act
– S. 6.71 –
incompetent/unqualified
/public interest
– S. 7.21 – failure to pay
monetary penalties
 Note on Ratings
• Permits and licenses may be endorsed by
ratings giving them additional privileges, e.g.:
– Aeroplane class
– Aircraft type
– Night
– Visual flight rules over-the-top
– Instrument
– Second officer
– Flight instructor
– Passenger-carrying
 Age Limit – International
• As of 2006, Annex 1 Personnel Licensing of the
Chicago Convention had stated:
– 2.1.10.1 A Contracting State, having issued pilot
licences, shall not permit the holders thereof to
act as pilot-in-command of an aircraft engaged in
international commercial air transport operations
if the licence holders have attained their 60th
birthday or, in the case of operations with more
than one pilot where the other pilot is younger
than 60 years of age, their 65th birthday.
• The latter is called the “over and under rule”.
 Age Limit – International
• 2.1.10.2 Recommendation.— A Contracting
State, having issued pilot licences, should not
permit the holders thereof to act as co-pilot of
an aircraft engaged in international
commercial air transport operations if the
licence holders have attained their 65th
birthday.
 Age Limit – International
• New standard (November 13, 2014):
– A Contracting State, having issued pilot licences,
shall not permit the holders thereof to act as pilot
of an aircraft engaged in international commercial
air transport operations if the licence holders have
attained their 60th birthday or, in the case of
operations with more than one pilot, their 65th
birthday.
• Does away with over and under rule: two pilots aged
60-64 years can simultaneously be at the controls
 Age Limit – Canada
• As of December 12, 2006, the Ontario Human Rights
Code protects all persons aged 18 and over against
discrimination in employment on the basis of age
– employers cannot make decisions about hiring,
promotion, training opportunities, or termination on the
basis of an employee’s age
– no longer an exception for mandatory retirement

• As of December 15, 2012, the Canadian Human

Rights Act followed suit
– employers involved in federally regulated transportation
cannot mandate a retirement age
 Age Limit – Canada
• However, it appears (from arbitration under
the Labour Relations Act) that major airlines
(e.g., Air Canada) can mandate retirement at
65 years because of a greater than 5% chance
of piloting a flight into the US (which
mandates this retirement).
– to have to preclude this chance for pilots 65 years
or older would create undue hardship on the
airline
 Age Limit – Canada
• Except for airline pilots,
no upper age limit to
acquire or renew a
licence

• To renew a licence just

need to pass the
medical
– Should there be a
performance test over a
certain age?
 Conversion
• Canada and US: Bilateral Aviation Safety
Agreement (BASA)
– technical annex called “Implementation
Procedures for Licensing” signed in 2006
• lays out conversion process for private, commercial and
airline licences
• A given licence (e.g., private) or certificate with
attached ratings can only be converted once: must then
comply with requirements of issuing State to add
subsequent ratings
 Conversion

TCCA
FAA US Pilot
Canadian Pilot
Certificate
Licence
 Conversion
1. Submit a Verification of Authenticity request form
to the FAA Airmen Certification Branch
– download from branch website
– FAA will request that TCCA verify validity of licence,
ratings and medical certificate

2. If verified, applicant applies for an FAA pilot

certificate at a Flight Standards District Office
indicated in the request form
– must hold at least an FAA Third Class medical certificate
– must receive at least 70% on a written FAA knowledge
test on the areas of air law and communication
 Conversion
3. Takes about 90 days to get certificate

4. Must meet FAA recency requirements before

exercising the privileges of the certificate
Prohibitions, Offences and Punishment
Aeronautics Act
• S. 7.3 (1) (a), (c), (2), (4)
– Hybrid offence
– E.g., embellishing flight
times or hiding medical
facts

• 7.31

• 8.4 (vicarious liability),

7.3(7.1)
 Booth v Minister of Transport (Canada)
(TATC, 2003 (Review))
Facts: To keep the costs of insurance down, a flight-
instruction company instituted a policy that
instructors were to always accompany students
flying certain helicopters. In signing a student
recommendation for a commercial flight test, the
instructor, B, indicated the student flew 40 hours
“solo” even though he accompanied the student
throughout. Under 6.9 of the AA, TCCA suspended
B’s license for 30 days for offending S 7.3(1)(a).

Issue: Did B knowingly make a false representation?

 Booth v Minister of Transport (Canada)
(TATC, 2003 (Review))
Held: Yes (on a balance of probabilities). B’s
testimony was at times evasive and
contradictory.
Empl
Legal
oyee
Oblig
Oblig
ation
ation
s
s
REMOTE PILOTED AIRCRAFT
SYSTEMS (RPAS) AKA DRONES
• Canada has some of the
strictest drone laws in
the world.

• S. 101.01 CARs: RPAs

considered aircraft
under CARs, so many
provisions of the CARs
and the Aeronautics act
can apply
 Some General Legal Considerations for All
RPAs
• Criminal offences (Criminal Code)
– Trespass (S. 177 – near a dwelling house at night)
– Mischief (S. 430 –interfering with another’s lawful
use of property)
– Voyeurism (S. 162 – surreptitious observation of a
sexual nature)
– Other criminal provisions discussed later in the
course (e.g., operating aircraft under the influence
of drugs or alcohol) may apply.
• Torts
– Trespass (statutory) – interference with possession
of airspace
– Nuisance (common law) – interference with use
and enjoyment of property
– Negligence (common law) – injurious action falling
below a standard of reasonableness
– Privacy (common law = offensive to reasonable
person)
A. intrusion upon seclusion
B. public disclosure of private facts
Some Operating Rules for All RPAs
• Cannot operate in
– class F restricted airspace (S. 601.04)
– within 5 nautical miles (9.3 kms) of a forest fire or
in airspace described in a NOTAM (S. 601.14)
– in a restricted area pursuant to S. 5.1 of the
Aeronautics Act.

• CARs 900.06 – Reckless or Negligent Operation

 Micro RPAs (Less than 250g)
• Do not require a pilot certificate or
registration.
 Small RPAs (250g - 25Kg)
• S. 101.01 “small remotely piloted aircraft”

• A pilot certificate is required for

– S. 901.54: basic operations (minimum age: 14 years old unless
supervised by someone with this certificate)
– S. 901.63(1): advanced operations (minimum age: 16 years old
unless supervised by someone with this certificate)

• 901.02 – 04: Require registration (via TC’s Drone

Management Portal) and marking the drone with the
registration number.

• Must carry the pilot certificate (S. 901.57, S. 901.66) and

 Some Operating Rules for Small RPAs
• S. 901.11: Must maintain a visual line-of-sight

• S. 901.13: Must stay within Canadian airspace

• S. 901.25: Flight must not exceed 400 feet

• S. 901.12: Cannot fly near sites for emergency operations

• S. 901.47(2): Must stay at least 3 (5.6 kms) nautical miles

of an airport or 1 (1.85 kms) nautical mile from a
heliport.
 A. Basic Operations
• S. 901.14(1): Can fly only in uncontrolled
airspace.

• S. 901.26: Must keep 30 meters of horizontal

distance from bystanders.
 B. Advanced Operations
• Basically, any operation that does not conform to a
basic operation.

• Drones must meet safety requirements.

• If operating in controlled airspace, must ask Nav

Canada for an RPAS Flight Authorization.
 Special Flight Operations
• S. 903.01: Require a special flight operations
certificate for
– drones weighing more than 25 kg
– operating beyond a visual line-of-sight
– foreign operator
– heights exceeding 400 feet