Where You Can Legally Fly a Mini or Micro Drone in Canada
Last Updated: Nov, 13th, 2023
This article applies to DJI Mini 4 Pro, DJI Mini 3 Pro, DJI Mini 3, DJI Mini 2, DJI Mavic Mini, DJI Mini SE, Autel Evo Nano Series, and any other drone weighing less than <250g.
Drones have quickly become an important tool in our society, offering a cost-effective (and many times safer) method of getting a particular job done. From still photography and videography to mapping, thermal imaging, construction, and even search and rescue—drones are being put to work. With an increase in usage however also means an increase in regulation from Transport Canada. And rightly so, safety should come first (Exhibit A, B, C, D). Therefore, with regulations changing often and penalties set high (upwards of $1,000-25,000+) it can be somewhat daunting to understand the legality of how to use your drone. Particularly with regard to Micro Drones, such as the DJI Mini 3 or the new DJI Mini 4 Pro.
Chances are if you’re reading this, you own or are thinking about owning a Micro Drone and want to know where exactly you can fly. While Transport Canada makes it easy to understand Basic or Advanced Operations for Small Remotely Piloted Aircraft Systems (RPAS), it can be rather vague and confusing what applies to Micro Drones (mRPAS).
When I first started with drones I told myself I would over educate to gain confidence I was abiding by the rules correctly. That includes flying legally, but also ensuring I keep myself, property, bystanders, and other aircraft safe at all times. And wow did I go off the deep end in that research. To date, I have completed both the Transport Canada Basic and Advanced Operations exams, spoke directly with Transport Canada, NAV Canada, several RPAS Flight Reviewers, Lawyers, completed more than 30hrs of actual Ground School, conducted independent research, and flew a Cessna 172 over Victoria, BC.
DJI Mini 3 Pro Micro Drone - Weighs less than 250g with standard battery. (Photo Credit: Ruvim Kerimov)
My primary goal in this post is to solidify my findings and help guide others on the legality of their Micro Drones. Of course, I need to mention upfront: I am not a lawyer, I’m just a human doing my absolute best to abide by the laws. For the most recent and up-to-date information, please refer to Transport Canada directly.
And with that, let’s dive right in.
In this Article:
Know Your Drone Operations Level
Recommended Operations <— Jump here if you’re looking for a quick answer
KNOW YOUR DRONE OPERATIONS LEVEL
Whether you own a drone or are in the market for one, the first thing you need to understand is how to determine which set of regulations you need to abide by. In Canada, there are several classifications of drones and it’s extremely important you know how to identify them. Classifications are determined by the total weight of the aircraft (everything that goes flying, attachments and all), and what environment you plan to operate within.
Transport Canada outlines two weight classes of drones:
Small RPAS (sRPAS): Drones equal to or greater than 250 grams up to 25 kilograms (250g to <25kg)
Micro RPAS (mRPAS): Drones less than 250g (<250g).
If your drone is considered Small RPAS there exists two specific operating levels (Basic or Advanced) depending on the environment you wish to operate in. Micro RPAS have no operating levels. Next let’s take a brief look at what operating levels entail with regard to Small RPAS.
(sRPAS) Basic Operations:
Weight: Between 250g and <25kg
Pilot Certificate: Required, costs $10 to take the exam
Aircraft Registration: Required
Flight Restrictions: Yes
Uncontrolled G and Advisory CYA airspace only
Minimum 30m horizontally from bystanders
No higher than 122m/400ft Above Ground Level (AGL)
Other restrictions apply. See Basic Operations
For Small RPAS pilots to fly under Basic Operations requires both passing a knowledge test and registering your drone with Transport Canada. Basic Operators cannot under any circumstances fly in Class C, D, E, or Restricted F (CYR) airspace. They are only legally allowed to fly in Class G uncontrolled and Advisory Class F CYA airspace, while also staying below 122m (400ft), flying within visual line-of-sight (VLOS), and staying >30m (100ft) horizontally from bystanders. As an example, all of the areas outlined in the Transport Canada Drone Tool are No Fly Zones (NFZ) to Basic Operators.
DJI Air 2/2s, and Mavic 2/3 and above need to be registered and flown with Pilot Certificate
If your drone is between 250g and <25kg and you would like to fly under Basic Operations, I’d recommend starting your journey with Transport Canada Here. Above is only a few of the regulations and this article will not cover the requirements for Basic Operations.
Transport Canada (Source)
Example of Basic Operations in Vancouver
As an example, when using the new Nav Drone Flight Planning tool (Formerly TC Drone Tool), it will look like this when Basic Operations is selected. The areas marked in red are No Fly Zones (NFZ), while the areas in yellow are Advisory Zones (CYA).
(sRPAS) Advanced Operations
Weight: Between 250g and <25kg
Pilot Certificate: Required, costs $10 to take the exam + flight Review
Aircraft Registration: Required
Flight Restrictions: Yes
Uncontrolled G and Advisory CYA airspace only
Within C, D, E airspace only with prior NavCanada approval
Minimum 5m horizontally from bystanders
No higher than 122m/400ft Above Ground Level (AGL)
Other restrictions apply. See Advanced Operations
For Small RPAS pilots to fly under Advanced Operations requires all of passing an advanced knowledge test, registering your drone with Transport Canada, and passing a flight review. Advanced Operators can fly in Class C, D, and E airspace with prior authorization from NAV Canada, but not in Class F Restricted (CYR) without further authorization. Advanced Operators must also maintain visual line-of-sight (VLOS) and stay >30m (100ft) horizontally from bystanders without an approved drone for close distance flight as defined by Transport Canada. When set to advanced, the Transport Canada Drone Tool helps identify the areas you can request clearance from, and also Class F Restricted where you will most-likely always stay away from (such as near prisons or military bases).
If your drone is between 250g and <25kg and you would like to fly in Controlled Airspace or <30M from bystanders I’d recommend starting your journey with Transport Canada Here. Above is only a few of the regulations and this article will not cover the requirements for Advanced Operations.
Transport Canada (Source)
Example of Advanced Operations in Vancouver
As an example, when using the new Nav Drone Flight Planning tool (Formerly TC Drone Tool), it will look like this when Advanced Operations is selected. Mostly anywhere yellow you can get permission to fly.
Micro Drones (mRPAS)
Weight: Less than <250g
Pilot Certificate: Not required
Aircraft Registration: Not required
Flight Restrictions: Yes
DJI Mini 3 Pro and RC Controller
Here’s where it starts to get interesting. As Micro RPAS are less than 250g they do not fall within the ‘Small RPAS’ category, and thus are not subject to many of the regulations for the Basic or Advanced Operations categories. There are still regulations which Micro Drones must abide by however.
Micro Drones must abide by the Canadian Aviation Regulations, and more specifically Part 9, but not subpart 1—-since this is for drones 250g and up only. What this means is the primary regulation which applies is CAR 900.06, and is the provision which Transport Canada could enact a fine if you break it.
“No person shall operate a remotely piloted aircraft system in such a reckless or negligent manner as to endanger or be likely to endanger aviation safety or the safety of any person.”
This particular regulation can sometimes be difficult to understand given it’s somewhat vague and mostly common-sense. When I reached out to Transport Canada this was clarified to me in several ways.
When speaking with the first agent CAR 900.06 was first paraphrased as “Don’t be stupid—be safe. Fly with common sense.” He also agreed with my interpretation in that CAR 900.06 basically implies “Safety First: be highly aware and cautious of other aircraft, approach paths, drones, people, privacy, and property while flying.”
The second clarification I received from Transport Canada was the following in writing stating “Please see below what we tell clients when inquiring about micro drones.”
“Micro Drones (under 250 grams) and drones that weigh more than 25 kilograms do not fall into the basic or advanced operations categories. If you have a micro drone, you must never put people or aircraft in danger. Always fly responsibly.
We don’t restrict where you can fly a micro-drone, with exceptions for flying near emergency sites and Class F restricted airspace. The Drone Site Selection Tool is designed to provide information for drone pilots flying drones more than 250 gram. You are responsible for following provincial, territorial or municipal rules that may also apply, including those relating to privacy and trespassing.”
In addition to CAR 900.06 and more recently, in October 2020 Transport Canada updated Micro RPAS with “Good Practice” measures which actually mimic many of the smart things Basic or Advanced Operators need to abide by. They are however not strictly ‘rules’ and more ‘guidelines’ so they will appear in my recommended operations section below. Next let’s take a look at specifics of what you can and can’t do with Micro Drones.
Transport Canada (Source)
‘Technically True’ mRPAS (<250g)
Considering the regulations and information outlined above then, if we are to follow what Transport Canada has outlined the following would technically be true. However there is one distinction here: There is a difference between what you can do and what you should do. To that end, I highly suggest Micro Drone Pilots follow the “Recommended Operations” in the section below this one which incorporates those “good practices” Transport Canada introduced in Oct 2020.
WHAT YOU CAN DO:
Fly higher than 122m (400ft)
Fly in controlled airspace (Class C, D, E, Advisory F (CYA), and Uncontrolled G)
Fly within 3NM of an airport
Fly closer than 30M horizontally from bystanders and overhead
Fly without passing a basic or advanced exam
Fly above or near advertised events
Fly outside visual range
WHAT YOU CAN’T DO:
Fly in Restricted Class F (CYR) Airspace
Fly in zones where a NOTAM for Forest Fire Aircraft Operating Restrictions has been emitted
Fly in zones where a 5.1 of the Aeronautics Act restrict the use of airspace to all aircraft has been emitted (examples of this Transport Canada and NAV Canada gave me was the 2020 Olympics in Vancouver, Abbotsford Airshow, during Fireworks / Celebration of Lights)
Exceed 249g including all fixed attachments to the drone
Take off or land in National Parks, Provincial Parks where outlawed (such as in BC), and even municipal parks such as in most of Vancouver.
CAR 900.06 “....operate a remotely piloted aircraft system in such a reckless or negligent manner as to endanger or be likely to endanger aviation safety or the safety of any person."
This does not give you clearance to fly your drone to any altitude. I’m having to add this addition after I was tagged on a post of someone flying >1500ft AGL in Mississauga, Ontario. The 400ft limit is there for a reason, I suggest you abide by this as closely as possible. Class A and B Airspace (starts at a set altitude above the surface) are heavily controlled for airline traffic. NavCanada was very clear on this when I spoke with them—-these are the people whom they will legally go after since it poses the greatest risk.
How to Interpret This
So what’s the interpretation here? Do you get free rein with a Micro Drone to fly in controlled airspace without passing the advanced exam? Fly over 400ft and out of visual line of sight? Skim the heads of bystanders? Technically yes, there is no regulation that says no to these activities. However, notice that last point? Where I quote CAR 900.06 again? That’s extremely important as we continue into the next section.
Flying in controlled airspace could be reckless and negligent to other aircraft. Flying over 400ft could be negligent manner likely to endanger aircraft or people. Skimming the heads of bystanders is already a reckless manner likely to endanger the safety of someone. Consider the following:
“Query whether flying a microdone right next to (or even in the airspace over) a heliport, for example, would run afowl of that provision, even if the airspace itself isn’t technically prohibited per the Regulations/a NOTAM.”
“If you’re going to do something that seems a little risky, understand that it’ll be on you to explain why what you’re doing isn’t considered “reckless or negligent”. If you start sweating while thinking about trying to justify your actions to a Transport Canada inspector or the RCMP, it’s maybe not a great idea.”
“Good Practices”
In October 2020 Transport Canada updated Micro Drones with ‘good practices’. They help micro drone pilots stay out of trouble and situations that would be considered ‘reckless or negligent’ without making them take knowledge exams or flight reviews. The directive I’d highly suggest here is this: follow the guidelines to a tee if you’re new to drones. If you’ve acquired the knowledge of a basic or advanced drone operator and feel confident you can exceed these guidelines in a safe way that is not ‘reckless or negligent’, proceed with extreme caution--but you can technically proceed.
Let’s breakdown the new 'Best Practices and see where this would apply for Small Drones (sRPAS >250g).
Maintain the drone in direct line of sight
Required for all Basic and Advanced Operators
Do not fly your drone above 122m (400 ft) in the air
Required for all Basic and Advanced Operators
Keep a safe distance between your drone and any bystanders
>30m for Basic Operators, varies based on the drone for Advanced
Stay far away from aerodromes, airport, heliport and waterdrome
Required for Basic, requires NAV Canada Clearance for Advanced
Avoid flying near critical infrastructures
Unique specification for Micro
Stay clear of aircrafts, at all time
Required flight operations for Basic and Advanced Operators at all times.
Do a pre-flight inspection of your drone
Required flight operations for Basic and Advanced Operators at all times.
Keep the drone close enough to maintain the connection with the remote controller
Required flight operations for Basic and Advanced Operators at all times.
Avoid Advertised Events
Prohibited for Basic or Advanced without an SFOC
As you can see from the above, the areas of ‘guidelines’ for Micro Drones are mostly requirements for Basic and Advanced Drone Operators. Transport Canada further adds “Follow these guidelines to avoid flying in a negligent or reckless manner and being subject to fines. Enjoy a safe flight and minimize the risk of incidents. Remember: if you feel that your flight is risky, don’t do it.”. See? They’re got your back, they want you to avoid those hefty fines or jailtime. Nice guys Transport Canada.
So, many of you are probably wondering, how would you go outside these “best practices” and still abide by CAR 900.06 to operate safely and avoid fines. The answer is fairly simple actually: knowledge is your friend, and it can build confidence in what you’re doing is safe. If you want to operate in controlled airspace, do you know how to determine airport approach and circuit paths? Listen to air traffic control (ATC)? Know what a flyaway is and how to report it? How to scan the skies and watch for aircraft while keeping VLOS? Determine if the weather is permissible to fly within the manufacturer guidelines of your drone? These are the types of things an Advanced Operator drone pilot would need to abide by and consider to fly in controlled airspace. Therefore, there is a strong argument in the drone community that it’s best practice to also follow these while operating outside the Micro Drone best practices. But again, now I’m mixing Transport Canada guidelines with drone pilot’s feelings. There isn’t any regulation that strictly says you need to do those things.
Based on the fact what you can do with a Micro Drone is then somewhat open to interpretation, I really want to go further and consider what is the smart way to think about Micro Drones in Canada. My goal here is safety and to ensure regulations don’t get even more strict for drone pilots. The next section outlines more concretely what you can and can’t do.
Transport Canada (Source)
‘Recommended Operations’ Micro drones (<250g)
Given everything I’ve outlined in this article, the following takes both into account what you can legally do with Micro Drones, but also what you should probably do. This is the section you might want to copy down, print, take a photo of, or memorize.
WHAT YOU CAN DO:
Fly up to 122M (400ft), and up to 30m (100ft) above a structure within 60m (200ft), or above 122M (400ft) only while abiding by CAR 900.06
Fly in controlled airspace (Class C, D, E, Advisory F (CYA), and Uncontrolled G)
Fly within 3NM of an airport--Not recommended, or abide by CAR 900.06 with extreme caution
Fly 30m (100ft) from bystanders, or 5m (16ft) while abiding by CAR 900.06 and caution
Fly without passing a basic or advanced exam
WHAT YOU SHOULD PROBABLY DO:
Maintain the drone in visual line of sight (VLOS)
Stay far away from aerodromes, airports, heliports, and waterdromes
Stay clear of aircrafts, at all time
Do a pre-flight inspection of your drone
Check local bylaws of the area you wish to take off and land
Know the airspace you’re flying in
Safety First: Be highly aware of other aircraft, approach paths, drones, people, privacy, and property while flying.
WHAT YOU CAN’T DO:
Fly in Restricted Class F (CYR) Class A, Class B Airspace. (Easier to just avoid all Class F if you’re not familiar with CYA, CYR)
Fly in zones where a NOTAM for Forest Fire Aircraft Operating Restrictions has been emitted
Fly in zones where a 5.1 of the Aeronautics Act restrict the use of airspace to all aircraft has been emitted (examples of this Transport Canada and NAV Canada gave me was the 2020 Olympics in Vancouver, or the Abbotsford Airshow)
Exceed 249g including all fixed attachments to the drone
Fly at advertised events such as concerts
Take off or land in National Parks, Provincial Parks where outlawed (such as in BC), and even municipal parks such as in most of Vancouver.
CAR 900.06 “....operate a remotely piloted aircraft system in such a reckless or negligent manner as to endanger or be likely to endanger aviation safety or the safety of any person."
-
With the DJI Mini 3 Pro, if you use the Extended Battery (47 mins flight time), the drone would then be >250g weight and you’d have to register and operate under a Basic License. It would no longer be a Micro Drone. Additionally, you may then also not be able to fly at night as the Mini 3 Pro is missing two required positioning lights.
ADDITIONAL RECOMMENDATIONS:
Complete your Basic Operations Exam. You’ll feel more confident and comfortable flying the more you know. The easiest way to do this is by attending Ground-School like Coastal Drone online. You can use the affiliate link below to support this post and get started today. Coastal Drone also has an Advanced Course for those who want complete confidence.
If you’re serious about getting a drone and staying within the laws, I’d recommend the Coastal Drone Basic Operations Course. I did this one myself and it was not only fantastic in giving me confidence, it was also super interesting from a learning perspective. If you’re more of a visual learner, their Advanced Course may be a better option as it includes more visual cues than just a speaker without slideware, although it can be a significant price bump if you’re just a hobbyist. (Disclaimer, after the attention this post got I reached out to Costal to include the above affiliate links for you.)
In summary from Transport Canada “No Restricted airspace, and be safe, as per 900.06. I do strongly believe that taking some Ground-school, having someone show you a few things, and following the 901 Rules in general is a good idea (site survey, normal and emergency procedures).”
Example of DJI Fly Map for mRPAS in Vancouver
In stark contrast to the Nav Canada Flight Planning (and former Transport Canada Drone Tool), which as stated is intended for 250g to 25kg usage, the DJI Fly Map shows the flight paths near airports and really opens up the airspace for Micro Drones.
It’s still not complete though. One thing to note is the lack of some National, Provincial, or Municipal parks, or even airports in some cases.
If you compare this against NavCanada drone tool, more than half of the Aerodromes and boundaries are missing. Always do your own research prior to flying.
I highly recommend downloading the Nav Drone tool made by NavCanada instead of relying on DJI Fly App.
You can download here directly on Apple/iOS and Google/Android.
Drone Police
So why did I really write this article? This was clearly a lot of work, research, and headache to get it as detailed as it is. The truth is I own a Micro Drone and in November 2020 I was being heavily harassed online for photos I was posting. Every photo I posted was taken legally, but others felt differently. I tried to educate the public and clear up any miscommunications but no one was listening. I was being quoted laws for different countries, individuals saying the basic drone tool applied to all drones, saying physical signs existed stating “no drone zone” in areas it didn’t, pilots being salty I was even somewhat close to an aerodrome after admitting they didn’t understand the drone laws. I was threatened, identity posted online, and even reported to Transport Canada. I ended up having to post an entire thread to Reddit condoning the behavior of others.
In the end, Transport Canada’s response to my photos was “Regarding your picture.....Nice.” NAV Canada also had no problem with the photos I took. In fact, almost everything in this post including my photos I personally sent to Transport Canada to get clarification I was understanding it correctly. In the end, they said even I was being more restrictive than is outlined by the regulations. I was threatened for legally taking a picture.
People really like being drone police without any prior knowledge for the job.
It’s important you understand the regulations around your Micro Drone because people will not hold back, and they will report you. Whether you’re right or wrong. They’ll argue to death to prove their right. Your defense is knowledge, and keeping within the rules outlined in this article. Bookmark it, if someone starts lashing out at you—link them here. This is a resource I plan on keeping updated for exactly this purpose.
This article covers a lot of ground, I hope it’s been a valuable resource and you feel educated enough to know where and how to use your Micro Drone safely. The DJI Mini 2 (and Air 2S, and now Mini 3 Pro!) has been an awesome addition to my personal collection these law few years, and it’s been capable of capturing some amazing photographs. I’ll leave a few below, including the ones I was reported for.
If you have any questions or comments about this post feel free to reach out. I’d also appreciate if you share this so others can be educated—whether online, community, or that new friend who got a Micro Drone for the holidays this year.
