Tranport Canada Clarifies Grandfathering Date for CG1

As many of you know from our blog, TC has noted in CG1, an ability to use Grandfathered Aircraft under the new Small and Very Small UAV Regulations when they come into force.

While the Grandfathering provisions are poorly drafted and do not offer anything that is really Grandfathering, they have been getting questions about the December 15th, 2017 date(“Date”) noted in the Proposed Regulation. This date is significant as it seemed that any UAVs purchased after that Date would not be Grandfathered.

You can find more details on the Grandfathering here.

This caused much consternation in the Canadian UAV industry and has caused many operators to hold off buying any UAVs in the interim while they wait for clarification.

From the USC website today, it seems that TC is acknowledging the issue and have moved to clarify:

“At the most recent meeting of the USC Regulatory Commitee and Transport Canada, TC noted concerns regarding the 15th of December grandfathering date referenced in CG1. Accordingly, they have provided the following guidance.

Transport Canada is currently reviewing stakeholder comments on the regulatory proposal for small Unmanned Aircraft Systems, 25 kg or less, operated within visual line-of-sight. In its commitment to deliver a comprehensive and evidence-based regulatory package, the department is also conducting additional analysis to inform the proposed rules, which includes the proposed grandfathering provision (s. 902.51)

 The department recognizes that the specific date referenced in the proposal can cause uncertainty for companies in planning operations and pursuing business opportunities; however the department would like to assure stakeholders that the date referenced in the package will not be part of the final regulatory package. Transport Canada will conduct additional outreach on its proposal as it moves forward to publish the regulatory package and implement the required program services and information management infrastructure.”

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