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

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

3. 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?

4. 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

5. 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

6. Current Regulatory Regime
Special Flight Operations Certificate (SFOC)
demonstrates to the Minister the ability to conduct a safe flight operation
In accordance with Sections and of the CARs
Exemptions pursuant to Subsection 5.9(2) of the Aeronautics Act (AC )
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

7. 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

8. 2015 US Open Potential impact Novak Djokovic Roberta Vinci
Source: ESPN

9. 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.

10. Liability Regimes
Who will be ultimately responsible in the event of an accident or incident?
Criminal culpability
Civil liability
Product liability
Source:

11. 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

12. 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

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

14. Looking Ahead
Pop.Up
Source:

16. Disclaimer
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