Introduction
Transport Canada has established one of the most structured drone regulatory frameworks in the world under Part IX of the Canadian Aviation Regulations. For FPV (First Person View) drone pilots, navigating these rules requires understanding the distinction between basic and advanced operations, the specific challenges FPV flight presents under Canadian law, and the evolving enforcement landscape in 2026.
This article provides a comprehensive overview of the Remotely Piloted Aircraft Systems (RPAS) regulations as they apply to FPV pilots in Canada, including the critical role of the visual observer and the recently updated guidance on beyond visual line of sight operations.
The Two-Tier System: Basic vs. Advanced Operations
Transport Canada divides all RPAS operations into two categories based on the risk of the flight:
Basic Operations
Basic operations are lower-risk flights that meet ALL of the following conditions:
- Flying in uncontrolled airspace (Class G)
- Flying more than 30 meters (100 feet) horizontally from bystanders
- Flying more than 3 nautical miles (5.6 km) from a certified airport or 1 NM (1.9 km) from a heliport
- Flying below 122 meters (400 feet) AGL
- Drone weight between 250g and 25kg
Requirements for Basic Operations:
- Pass the Small Basic Exam ($10 fee, online, 35 multiple-choice questions, 90 minutes)
- Register your drone with Transport Canada ($5 fee per drone)
- Display the registration number on your drone
- Carry your Pilot Certificate while flying
Advanced Operations
Advanced operations are required if you want to fly:
- In controlled airspace (Classes A, B, C, D, E, F)
- Closer than 30 meters from bystanders
- Over bystanders
- Within 3 NM of a certified airport or 1 NM of a heliport
Requirements for Advanced Operations:
- Pass the Small Advanced Exam ($10 fee, online, 50 questions, 60 minutes, pass mark 80%)
- Complete an in-person Flight Review with a Transport Canada-approved reviewer ($150-300)
- Register your drone
- Use an RPAS with a manufacturer-declared safety standard — this is a critical point for FPV pilots as most custom-built FPV drones do not have a manufacturer declaration
Source: Transport Canada RPAS Regulations (SOR/2019-11, Part IX of the CARs) — https://tc.canada.ca/en/aviation/drone-safety
The FPV Challenge: Visual Line of Sight
Canadian RPAS regulations, like those in most countries, require the pilot to maintain visual line of sight (VLOS) with the drone at all times. FPV goggles inherently remove the pilot’s ability to see the drone with their own eyes, creating a fundamental tension with the VLOS requirement.
However, Transport Canada explicitly allows FPV flight through the use of a visual observer (VO). This is actually codified in the regulations more clearly than in many other jurisdictions:
- Section 901.20 of the CARs states that a visual observer may be used to maintain visual line of sight, but the remote pilot remains responsible for the safe conduct of the flight
- The VO must be co-located with the pilot and have a direct, unobstructed view of the drone
- The VO cannot use any vision-enhancing devices (binoculars, telescopes) — only unaided vision or corrective lenses
- The VO and pilot must have a reliable method of communication without delay
For FPV pilots, this means running a spotter is not just good practice — it’s a legal requirement under the basic and advanced operations framework. Flying FPV without a VO is a violation of the CARs and can result in penalties.
BVLOS and the Path Forward
Transport Canada has been relatively progressive on Beyond Visual Line of Sight (BVLOS) operations compared to other regulators. In 2026, there are established pathways for legal BVLOS flight:
Special Flight Operations Certificate (SFOC)
An SFOC is required for any operation that falls outside the basic or advanced framework. This includes BVLOS flight. The SFOC application process requires:
- Detailed operational risk assessment
- Description of the RPAS and its safety features (detect-and-avoid, redundant communications, emergency procedures)
- Evidence of pilot training and competency
- Insurance documentation
- Specific operating area and airspace description
SFOC applications are processed by the regional Transport Canada office and take 10-30 business days. They can be issued for single flights or blanket authorizations for recurring operations.
Manufacturer-Declared RPAS
For advanced operations (including potential BVLOS), Transport Canada requires the RPAS to meet a manufacturer-declared safety standard (RSS). Currently, only commercially manufactured drones (DJI, Parrot, etc.) carry these declarations. Custom-built FPV drones generally do not qualify, which significantly limits the legal options for FPV pilots who want to fly advanced operations.
Sub-250g Drones: The Gray Area for FPV
Drones weighing less than 250 grams are largely exempt from the Part IX regulations. Sub-250g drones do NOT require:
- Registration
- Pilot certification (Basic or Advanced)
- A manufacturer safety declaration
However, even sub-250g drones must follow the overarching provisions of the Criminal Code and the Aeronautics Act, including:
- Not operating in a manner that endangers aviation safety
- Not operating in a reckless or negligent manner
- Not causing injury or property damage
This creates an interesting opportunity for FPV pilots: a sub-250g 3-inch or 2.5-inch build can legally fly FPV (with a visual observer) without any certification or registration, provided you’re not in controlled airspace or near airports. Many FPV pilots are now building sub-250g quads specifically to take advantage of these relaxed requirements.
Enforcement and Penalties in 2026
Transport Canada has demonstrated a willingness to enforce drone regulations with significant penalties:
- Flying without a pilot certificate: Up to $1,000 for individuals
- Flying an unregistered drone (over 250g): Up to $1,000
- Endangering aircraft or people: Up to $3,000 for individuals, $15,000 for corporations
- Flying in restricted airspace (near airports, forest fires, emergency sites): Up to $3,000
- Criminal Code violations: Potential criminal prosecution for reckless endangerment
In 2026, Transport Canada has also increased its use of Remote ID technology to automatically detect non-compliant flights, particularly around airports and urban areas.
Conclusion
For FPV pilots in Canada, the path to legal flight is clear but requires specific actions: (1) take the Small Basic Exam (or Advanced if you need to fly in controlled airspace), (2) register every drone over 250g, (3) always fly with a visual observer, (4) maintain 30m distance from bystanders in uncontrolled airspace, and (5) stay out of restricted airspace. The sub-250g option provides a meaningful pathway for FPV pilots who want to minimize regulatory burden while still flying legally. Canada’s framework, while structured, at least provides clear guidance — something that can’t be said for all jurisdictions.