Regulation of Drones and Liability of their Operators Ayman Idlbi Lawyer Norton Rose Fulbright Canada LLP June 23rd, 2017

History Over 150 years of innovation 1863 Patent issued (US 37,771) Source: www.amazon.com

UA? UAS? UAV? Drone? RPAS? Quadcopter? Multi-rotor? Model Aircraft? Terminology What to call them? UA? Quadcopter? UAS? UAV? Drone? RPAS? Multi-rotor? Model Aircraft?

Definition of UAV unmanned air vehicle” means a power-driven aircraft, other than a model aircraft, that is designed to fly without a human operator on board” 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

Innovation The innovation is not flight – but information These flight machines represent data in action Airframe is not new – the applications of UAV are new Source: usdatawing.com

Current Regulatory Regime Special Flight Operations Certificate (SFOC) demonstrates to the Minister the ability to conduct a safe flight operation In accordance with Sections 602.41 and 603.66 of the CARs Exemptions pursuant to Subsection 5.9(2) of the Aeronautics Act (AC 600-004) Small UAV 1 kg or less Small UAV 1 kg up to and including 25 Kg Applies: Operations within Canadian Domestic Airspace Max take-off weight (25 kg or less) Visual-line-of-sight Notify Transport Canada Exclude Autonomous UAV and foreign operators

Expected Regulatory Regime Exemptions pursuant to Subsection 5.9(2) of the Aeronautics Act Expected in 2017 Introduce three new categories: Micro UAV (250 g or less) Very Small UAV (exceeding 250 g to 1 kg) Small UAV (exceeding 1 kg to 25 kg) Simplified operations Complex operations Different requirements (licensing, Small UAV – Complex operations Small UAV – Simplified operations Very small UAV  BVLOS Requires SFOC

2015 US Open Potential impact Novak Djokovic Roberta Vinci Source: ESPN

UAV in Canadian Airspace Aviation laws that govern the use of UAV Aeronautics Act; and Canadian Aviation Regulations. Other Canadian laws Canadian Transportation Accident Investigation and Safety Board Act; Charter of Rights and Freedoms; Criminal Code of Canada; Customs Act; Environmental Protection Act; National Parks Aircraft Access Regulations; Personal Information Protection and Electronic Document Act; Privacy Act; Radiocommunication Act; Transportation of Dangerous Goods Act; and Trespass Act.

Liability Regimes Who will be ultimately responsible in the event of an accident or incident? Criminal culpability Civil liability Product liability Source: www.cbc.ca/news/canada/ottawa/drone-reported-ottawa-airport-1.4075251

Privacy, Trespass and Nuisance Sensing equipment Personal Information Protection Electronic Documents Act (PIPEDA) Property rights in the airspace Actual or potential use and enjoyment of his or her land No drone zone Invaders of another’s interest in using or enjoying the land

Cybersecurity Data chain Vulnerabilities Block-chain Sniffing Spoofing Drone operation itself In-flight data collection Post-flight data processing data use, dissemination and storage Vulnerabilities Sniffing Spoofing Snooping Sabotage Block-chain Source: unknown

Intellectual Property Rights associated with the data Copyright Rights associated with operations Patents Coffee delivery (US 2017/0174343 A1)

Looking Ahead Pop.Up Source: www.airbusgroup.com

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