1. Using Unmanned Air Vehicles (UAV’s) in
4/26/2017
Using Unmanned Air Vehicles (UAV’s) in
Real Estate Marketing
Toke Adams,
Regional Manager, Enforcement
Civil Aviation
November 19, 2015
RDIMS 1

2. Outline Objective Context What is a UAV? Who is Transport Canada?
Acts and Regulations
Examples of marketing with a UAV
Considerations before using a UAV
Investigation and Deterrence
Diligence

3. Objective
To inform realtors on the regulations related to UAV’s, so they can exercise their due diligence when considering:
operating a UAV themselves for aerial photography and marketing, or
hiring a company to fly a UAV for aerial photography and marketing

4. What is an Unmanned air vehicles (UAV)?
To the public, UAV’s go by many names: unmanned, model aircraft, remote control aircraft, (a model aircraft is not a UAV) , and drone. It’s what you do with it that makes its a UAV
Unmanned Air Vehicle - a power-driven aircraft, other than a model aircraft, that is designed to fly without a human operator on board.
Model Aircraft - an aircraft with a total weight not exceeding 35 kg that is mechanically driven or launched into flight for recreational purposes and not designed to carry persons or other living creatures
The entry cost of a UAV can be as low as $1000 investment, and it can be bought online or at your local Best Buy or London Drugs
The key thing to understand for model aircraft is that they are only for recreational purposes, i.e. for the fun of flying.
Any operation that provides any benefit to the individual would not be considered the operation of a model aircraft. Such things would include, but are not limited to;
anything for hire and reward
academic or research
UAV training operations
taking pictures to enhance sales (real estate for example)
anything that would benefit your business (adding to website, making of promotional materials, etc)
taking pictures or videos to sell
media operations (either directly by a media company or by a freelancer)

5. Transport Canada, Civil Aviation
What does Civil Aviation do?
We promote the safety of the national air transportation system
We are responsible for advancing the safety of civil aviation in Canada.
We develop policies, guidelines, regulations, standards and educational materials to advance civil aviation safety in Canada.
We verify that the aviation industry complies with the regulatory framework through certifications, inspections and enforcement.
How does this apply to UAV’s?
In Canada, UAV’s are regulated by Transport Canada.
It is illegal to use UAV’s without a Special Flight Operations Certificate unless you are operating under one of the UAV Exemptions.
What does Enforcement do?
We conduct investigations for alleged infractions to the Aeronautics Act or to the Canadian Aviation Regulations (CARs); and
We take the necessary deterrent measures.
E.g. Westjet, AC, YVR, etc

6. Acts & Regulations: Current
Aeronautics Act
UAVS are “aircraft” under the definition of the A. Act and are governed by the Canadian Aviation Regulations (CARs).
Canadian Aviation Regulations
CAR : Unmanned air vehicle - means a power-driven aircraft, other than a model aircraft, that is designed to fly without a human operator on board.
CAR : No person shall operate an unmanned air vehicle in flight except in accordance with a special flight operations certificate or an air operator certificate
CAR : No person shall conduct a flight operation …unless the person complies with the provisions of a special flight operations certificate issued by the Minister pursuant ….
New regulations are being written and should be out in 2016
Here are the main regulations that apply to the use of a UAV in Canada.
says that must have an SFOC; and says, that if you have an SFOC, you must follow the conditions in it.
a violation of could result in a $5,000 fine for an individual and $25,000 for an organization;
or,
$3,000 for an individual and $15,000 for an organization

7. The following slides are examples only.
Disclaimer
The following slides are examples only.
They have not been verified to determine if the operators and/or the videos were in accordance with the regulations.
No-one is endorsed by Transport Canada

8. Examples of marketing with a UAV:
Commercial Aerial Photography Services
You only need to look on Craigslist, Kijiji or Google to find persons and companies advertising their UAV services
The postings and websites offering aerial photography is prolific.
Some mention SFOC’s, others don't.
Some make inaccurate statements, e.g quick turn-around for a SFOC or statements that should be verified before hiring them

9. Examples of marketing with a UAV:
Realtors offering aerial photography service
As part of our technology strategy and remaining as your #1 choice in Real Estate, we have purchased our very own UAV Drone (Unmanned Aerial Vehicle). This is not just an expensive toy, our drone has a 3,280 feet range a 2K resolution camcorder and requires a flight plan to be filed with transport Canada before use.
We will now be able to Market our listings better than ever, creating incredible videos that evoke an emotional response like the one you see below. This is the newest and most sophisticated technology in real estate marketing today.
We do not believe in keeping with trends we are creating them. 'Modern Day Marketing Techniques with Old Fashion Service". Does your Realtor Drone?
More and more realtors are offering aerial photography as one of their services when listing a property
We’re seeing mistakes in their understanding of the regulations and what they are supposed to do
- Privacy and safety over neighbours. Isnot within the TC mandate but instead falls under the jurisdiction of the Office of the Information and Privacy Commissioner .
Close to Pitt Meadows airport
appears non-built-up
had a SFOC in 2014
Proactive -

10. Examples of real estate marketing with a UAV
This video was taken in South Surrey
More videos are posted to social media such as YouTube
This is not a local issue. We are seeing increase usage across the country
It’s not just reserved for high end homes
A challenge:
Did the company/person have a SFOC?
Did the SFOC permit the operation?

11. Considerations before using a UAV
If it’s within 9km of a built-up area, a SFOC will be required
This graphic is from our webpage
For the majority of the activities a realtor would use a UAV for a SFOC will be required.
There are circumstances when the activity can be done under an exemption, such as a non-built-up area
Click for circles

12. Considerations before using a UAV: Special Flight Operating Certificates
SFOCs contain operating conditions and restrictions.
An operator can have either:
A SFOC specific to the activity and location, processed on a case by case basis, or.
A blanket SFOC permitting them to operate for a specific purpose and duration, i.e. Aerial photography for a year, in accordance with the conditions of the certificate. They must have demonstrated competence and the ability to carry out safe operations.
The application must include:
Flight plan
Name of pilot
Security plan
Safety Checklist
Applications take at least 20 business days to process
A typical SFOC is 9 pages long and up to 70 conditions
Applications are reviewed on a case-by- case basis, including Risk assessment and mitigation
Also taken into account are: performances of the UAV, the nature and complexity of the operation as well as the operations location.
Applicants are responsible for ensuring that the safety of persons and property on the ground and other airspace users is not jeopardized
We dont charge for the SFOC
a Standing SFOC - will provide greater flexibility (validity periods, locations and the ability to conduct short notice operations) to those that become professional operators
Applicants must apply for certificates 20 working days before the proposed UAV operation,
Transport Canada is not obliged to review an application or issue a SFOC within those 20 working days.
A lot of jobs are date-specific and if each job requires a separate SFOC, then there is a possibility that a SFOC will not be issued in time.

13. Considerations before using a UAV: Exemptions
Two exemptions to the SFCO requirement have been issued to allow certain lower-risk UAV operations without an SFOC :
2 kg or less: 37 conditions, including operating within VLOS, away from built- up areas, aerodromes, and groups of people.
2 to 25 kg: 58 conditions, including a notification requirements and a prohibition on certain payloads, and more prescriptive pilot knowledge requirements.
UAV operators that cannot meet the conditions must apply for an SFOC.
Exemptions: In effect til December 2016
irs/exemptions/docs/en/2880.htm
irs/exemptions/docs/en/2879.htm

14. Exemption Requirements: UAV’s 2kg or less
standards/Infographic_Permission_to_fly_a_U AV_Print_English.pdf
Be safe, well trained and know the rules of the sky
Be 18 years old, or at least 16 years old to conduct research under academic supervision
Have at least $100,000 liability insurance
Be alert – not tired or under the influence of alcohol or drugs
Inspect your UAV and site before flight to ensure they are safe
Get permission before you go onto private property
Keep you aircraft in direct line of sight and always be able to see it with your own eyes
Verify that radio frequencies/transmissions won’t affect control of your UAV
Have an emergency plan ahead of time
Carry a copy of your UAV exemption, proof of liability insurance, contact information, and aircraft system limitations
Respect laws from all levels of government
Stay at least 30 metres away from people, animals, buildings, structures and vehicles not involved in the operation.
Do not fly closer than 9km from airports, heliports, aerodromes, or built-up areas
Do not fly over military bases, prisons or in controlled or restricted airspace.
I expect most activities will be using a UAV less than 2kg
These are just some of the requirements
Spotter if UAV may be out of sight behind the house, will require a SFOC
Fly-aways due to interference with signal, System problem, weather (high winds), software failures (pretty common)
There is a form on the TC UAV website that can be completed or an can be sent to TC. The address can also be found in the Advisory Circular.
The exemptions are only applicable for flights in Class G airspace which equates to uncontrolled airspace. For those unfamiliar with aviation this is a key aspect that must be learned, “what class of airspace are you flying in?”

15. Lower Mainland Airspace & Aerodromes
Restricted airspace
As you can see, there are lots of areas where flights cannot be flown without a SFOC: the exemption is not applicable:
in controlled or restricted airspace
within 9km of aerodromes, or
within 9km of a built up area
A SFOC must specifically permit operations within Class C airspace
Areas that aren’t shaded are Class G uncontrolled airspace

16. Built-up areas
Can you think of a location that is more than 9km from a built-up area?
This was from 2006
As you can see, a lot of the lower mainland is built-up, so the exemption is not applicable in many areas
Anything larger than a farmstead should be considered a built up area. AC
In general, "built-up" means a group of structures that are erected or built by man and includes private dwelling residences, schools, elevators, service stations and so forth. PL145
If there are structures within 500ft, it could be considered built-up

17. An easy example of Built-up area
Houses, Highway, Commercial, etc

18. An example of non-built-up area?
While this is a non-built-up area, it is definitely within 9km of a built-up area and as such the exemption would not be applicable here
it is also within 9km of an aerodrome (CRF2 - Langley (Russell Farm) Heliport)
What I’m not sure about is the altitude: the last couple of seconds appears to be greater than 300 feet

19. Investigation & Penalties
Investigations:
We investigate UAV activities primarily based on complaints
We currently have 16 investigations under way
We will contact realtors for copies of invoices
Penalties:
Oral Counselling: A discussion between an investigator and an individual or entity for educational and awareness purposes
Monetary penalty
CAR up to $5000 for a person and $25000 for a corporation
CAR up to $3000 for a person and $15000 for a corporation
Three sanctions have been issued in the last month, one against a realtor.
Penalties are published: publications-menu-2963.htm
Social media and compliant operators are the source of most complaints
We are not investigating the realtor unless they were the UAV operator. We are asking for their help when we call them

20. Diligence: What Can You Do?
Become familiar with the regulatory requirements and guidance before using a UAV for any marketing purposes
Discuss the specific requirements with the homeowner and the operator you are considering hiring
If you plan on hiring a person or company to take aerial photography or video with a UAV;
Ask to see a copy of their SFOC and insurance:
Be familiar with the conditions of their SFOC, so you know what to expect.
Confirm that they will keep the UAV in line of sight, or their SFOC permits a spotter
Ask how they will ensure that the safety of persons and property on the ground and other airspace users is not jeopardized
If you plan on using a UAV to take aerial photography or video:
Ensure you can meet all of the conditions of the exemption or apply for a SFOC
Confirm that you have notified the neighbour’s if it’s likely to fly over their property, due to their potential privacy and safety concerns.
Confirm that you meet all other federal and provincial laws, and the City or Municipality bylaws permit the activity
Pylons to mark operating areas and keep people away from
Weather conditions and time of day
The UAV operator is expected to conduct a site survey prior to commencing operations at each location – minimize risk to others in the vicinity
Trespass prohibited
Criminal Code, Privacy Act, Trespassing Act, Transportation of Dangerous Goods Act (UAV lipo batteries are dangerous goods), etc

21. Would you conduct a house inspection yourself?
Diligence
Would you conduct a house inspection yourself?
Consider hiring an operator who has a SFOC, who meets all of the current requirements and has the ability to keep up with and address the pending regulatory changes.
Do your diligence before operating a UAV.

22. Awareness New rules are coming in 2017
Transport Canada will work in collaboration with other agencies and stakeholders (presentations, support,) to increase awareness of the regulations and guidance
Transport Canada’s site contains all the information and documents discussed today.
Table /checklist /Frequently Asked Questions:
for the types of operations they are looking to do, the new regs will require; a UAV that meets a type design, a pilot that is licensed (likely a pilot permit based on a written exam), and a much more robust set of regulations.
So instead of each realtor having to go through the time, effort, cost of this they may wish to look at hiring someone to do the work for them (as they do with home inspectors today)

23. Transport Canada Contacts
Enquiries
Transport Canada, Civil Aviation Pacific (central )
Transport Canada Enforcement, Pacific
(please leave voice mail)
Regional Manager, , or