Regulation of Drones and Liability of their Operators Ayman Idlbi Lawyer Norton Rose Fulbright Canada LLP June 23 rd, 2017
History Over 150 years of innovation • 1863 • Patent issued (US 37, 771) Source: www. amazon. com 2
Terminology • What to call them? 3
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 4
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 5
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 6
Expected Regulatory Regime Exemptions pursuant to Subsection 5. 9(2) of the Aeronautics Act • Expected in 2017 • Introduce three new categories: 1. Micro UAV (250 g or less) 2. Very Small UAV (exceeding 250 g to 1 kg) 3. Small UAV (exceeding 1 kg to 25 kg) a) Simplified operations b) Complex operations • Different requirements (licensing, 1. Small UAV – Complex operations 2. Small UAV – Simplified operations 3. Very small UAV • BVLOS – Requires SFOC 7
2015 US Open Potential impact Roberta Vinci Source: ESPN 8 Novak Djokovic
UAV in Canadian Airspace Aviation laws that govern the use of UAV • Aeronautics Act; and • Canadian Aviation Regulations. Other Canadian laws • • • 9 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 10
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 11
Cybersecurity Data chain 1. 2. 3. 4. 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 12
Intellectual Property Rights associated with the data • Copyright Rights associated with operations • Patents – Coffee delivery (US 2017/0174343 A 1) 13
Looking Ahead Pop. Up Source: www. airbusgroup. com 14
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