Zbip57
Second Officer
Canada
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USS Pretty-Bird Posted at 4-11 14:08
The 'Aeronautics Act' is the legislation which governs all aircraft in Canada - and it must be followed by all provinces (eg. no local bylaw may add to or change it). Federal trumps Provincial.
In the Act, under definition of "Canadian Aircraft", the definition states "an aircraft which is registered". A micro drone under 250g (RPAS) is not registered, therefore is NOT a ' Canadian Aircraft' as defined in the Act. Therefore while it may be referred to or called an 'aircraft' it is not legally an 'aircraft'. It is an unregulated (aka not under any law or regulation) aircraft, or whatever you wish to call it. Certainly any local authority (city) can regulate it - but so long as they don't place any regulations on anything in federal airspace - which is ALL airspace in Canada (local municipalities have zero jurisdiction over any airspace). They can regulate YOU but not your drone in federal airspace. You could be cited for causing a 'public nuisance', but this wouldn't be a specific drone violation.
USS Pretty-Bird wrote: "In the [Aeronautics] Act, under definition of "Canadian Aircraft", the definition states "an aircraft which is registered". A micro drone under 250g (RPAS) is not registered, therefore is NOT a ' Canadian Aircraft' as defined in the Act . Therefore while it may be referred to or called an 'aircraft' it is not legally an 'aircraft'."
Are you deliberately misrepresenting what the Aeronautics Act in fact says? You left some pertinent bits out. What the definition actually says is this;
Interpretation
Definitions
3(1) Canadian aircraft means an aircraft registered in Canada; (aéronef canadien)
If it is not registered in Canada, it isn't a Canadian aircraft. Futhermore, the Act defines an aircraft as;
3(1)
aircraft means until the day on which paragraph (b) comes into force, any machine capable of deriving support in the atmosphere from reactions of the air, and includes a rocket; (aéronef) [Repealed before coming into force, 2008, c. 20, s. 3]
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