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Navigating the Aftermath: A Comprehensive Guide to RPAS Incidents and Accidents in Canada

By: Colonel (ret) Bernie Derbach, KR Droneworks, 08 Jan 26


The rapid proliferation of Remotely Piloted Aircraft Systems (RPAS)—commonly known as drones—has transformed Canadian skies. From stunning cinematography to critical infrastructure inspections and agricultural monitoring, drones are no longer just toys; they are sophisticated aircraft integrated into the National Airspace System.


However, with increased integration comes increased responsibility. For drone pilots operating under Transport Canada (TC) Civil Aviation Regulations (CARs) Part IX, the excitement of flight is balanced by strict legal obligations regarding safety and reporting.


One of the most critical, yet often misunderstood, areas of drone operation is the distinction between an incident and an accident, and the subsequent mandatory reporting requirements.


This guide breaks down the complexities of CAR 901.49 and the TC AIM-RPAS (Aeronautical Information Manual) to help you understand your duties when a flight doesn’t go as planned.


The Regulatory Framework: Why Definitions Matter


In Canadian aviation, the goal of reporting is not to assign blame or hand out fines—though enforcement can happen if regulations are ignored. Instead, as the Canadian Transportation Accident Investigation and Safety Board (CTAISB) Act highlights, the primary purpose is safety investigation. We report so that we can learn, analyze, and prevent the same mistake from happening to someone else.


Under the CARs, a drone is legally defined as an aircraft. This means that many of the same high-level safety standards applied to a Cessna or a Boeing 737 also apply to your 249g or 2kg drone.


1. What Qualifies as an Occurrence? (CAR 901.49)


According to CAR 901.49(1), if specific events occur, a pilot must immediately cease operations. You cannot simply "dust off" the drone and take off again. You are legally required to stop until you have analyzed the cause and taken corrective action.


The "Big Seven" Occurrences


Transport Canada identifies seven specific triggers that mandate an immediate halt to operations and a formal internal analysis:

  1. Injuries to Persons: Any injury requiring medical attention.

  2. Unintended Contact: If your drone touches a person without intending to (even if there is no serious injury).

  3. Unanticipated Damage: Damage to the airframe, control station, or payload that "adversely affects performance." If a propeller snaps or a motor fails, you are in this category.

  4. Boundary Breaches: Any time the aircraft leaves the horizontal or vertical boundaries you set for the mission.

  5. Collision or Near-Miss: A collision with another aircraft, or even a "risk of collision" (a near-miss).

  6. Loss of Control: Flyaways, total loss of link, or if the aircraft goes missing entirely.

  7. External Reports: Any incident that results in a police report or a CADORS (Civil Aviation Daily Occurrence Reporting System) entry.


2. Incident vs. Accident: Making the Distinction


While the CARs often group these under the umbrella of "occurrences," the Transportation Safety Board (TSB) and the TC AIM draw a finer line between an incident and an accident. Understanding this distinction determines who you have to report to.


Drone Incidents


An incident is typically an event where safety was compromised, but the "worst-case scenario" didn't fully materialize.

  • Example: Your drone experiences a "flyaway" due to GPS interference. It travels two kilometers away and lands safely in an empty field. No one was hurt, and the drone is intact. This is an incident (specifically, the aircraft became uncontrollable/missing).

  • Example: You are flying at 300 feet AGL, and a low-flying helicopter enters your area. You perform an emergency descent to avoid a collision. No contact was made. This is a risk of collision incident.


Drone Accidents


An accident involves actual loss or significant harm. The TSB defines an accident more strictly based on the weight of the aircraft and the severity of the outcome.

  • Example: A 30kg heavy-lift drone suffers a motor failure and crashes into a parked car, destroying the drone. Because it weighs more than 25kg, this is a Reportable Accident to the TSB.

  • Example: A standard 2kg photography drone strikes a bystander, causing a deep laceration that requires stitches. This is an accident involving serious injury.


3. Mandatory Reporting: Who Do You Tell?


Reporting requirements depend on three factors: the nature of the event, the weight of the drone, and the type of certificate you are flying under.


A. The Internal Record (Mandatory for ALL)


Under CAR 901.49(2), every pilot involved in any of the seven occurrences listed above must create a record of the analysis.

  • What to record: The cause of the occurrence and the corrective actions taken.

  • Retention: You must keep this record for 12 months.

  • Requirement: You don't have to mail this to TC immediately, but you must make it available to the Minister of Transport upon request.


B. Reporting for SFOC Holders


If you are operating under a Special Flight Operations Certificate (SFOC)—for example, for a high-complexity stunt, an airshow, or flying a drone over 25kg—the rules are stricter. You must report any incident or accident to Transport Canada using the RPAS Aviation Occurrence Reporting Form that was provided with your SFOC.


C. Reporting to the TSB (The "Heavy Hitters")


The Transportation Safety Board of Canada (TSB) only needs to be notified in specific, high-risk scenarios. Per the TSB Regulations, you must report if:

Scenario

Weight Class

Reporting Agency

Death or Serious Injury

250g to 25kg (Small RPAS)

TSB

Any Accident

Over 25kg (Large RPAS)

TSB

Collision with Traditional Aircraft

Any size/weight

TSB

Note: If you are flying a micro-drone (under 250g) and you bump into a person who isn't hurt, you generally aren't bound by these specific Part IX reporting rules. However, if that micro-drone collides with a manned helicopter, it becomes a TSB-reportable event regardless of weight.

4. Real-World Examples and Guidance


To make this clear, let’s look at three common scenarios.


Scenario 1: The "Clip and Flip"

  • The Event: You are filming a wedding with a DJI Mavic (approx. 900g). You clip a tree branch; the drone flips and falls, breaking two arms and the camera gimbal. No one is nearby.

  • Classification: This is an occurrence under CAR 901.49(1)(c)—unanticipated damage affecting flight characteristics.

  • Action Required: 1. Cease operations immediately.

    2. Conduct an analysis (Why did I hit the tree? Was it pilot error or sensor failure?).

    3. Document the fix (e.g., "Replacing airframe and updating obstacle avoidance settings").

    4. Keep the log for 12 months.

    5. Do you need to call the TSB? No. No one was hurt and the drone is under 25kg.


Scenario 2: The "Crowd Strike"

  • The Event: During a local festival, your 2kg drone loses power and falls, striking a spectator on the shoulder. They have a bruise but do not go to the hospital.

  • Classification: This is unintended contact under CAR 901.49(1)(b).

  • Action Required:

    1. Cease operations.

    2. Perform an internal analysis and keep the record for 12 months.

    3. Do you need to call the TSB? No, because the injury did not require "medical attention" or meet the TSB definition of "serious injury." However, if they had gone to the hospital for stitches, it would become a mandatory TSB report.


Scenario 3: The "Mid-Air"

  • The Event: Your drone (any weight) is struck by a crop duster plane while you are surveying a field.

  • Classification: Collision with a traditional aircraft.

  • Action Required:

    1. Cease operations.

    2. Immediate Report to TSB: This is a major aviation occurrence.

    3. Mandatory internal analysis and record-keeping for TC.


5. How to File a Report


If you find yourself in a situation requiring a report to the TSB, you should refer to TC AIM GEN 3.0. The TSB maintains a 24-hour standby team.

Information usually required includes:

  • Type, model, and registration (C-number) of the RPAS.

  • Date, time, and precise location of the occurrence.

  • Number of people injured (if any).

  • Description of the damage.

  • Weather conditions at the time.


6. The "No Blame" Philosophy


It is natural to feel defensive after a drone crash. However, the Canadian aviation system is built on Just Culture. The TSB’s mandate is explicitly stated: The purpose is to prevent reoccurrence; it is not to determine or assign blame or liability.


By accurately reporting and analyzing your own incidents, you contribute to the data that keeps the industry alive. For example, if multiple pilots report "flyaways" with the same drone model in cold weather, Transport Canada can issue a safety alert that saves others from crashing.


Summary Checklist for Pilots


Decision Tree: When and Where to Report


To help you navigate these regulations under pressure, use the following decision logic. If any of the "Big Seven" occur, follow this path:


Reporting Logic Summary:

  • Step 1: Stop flying immediately.

  • Step 2 (Internal): Complete a Cause & Corrective Action analysis. Keep this for 12 months.

  • Step 3 (TC/TSB): Determine if external reporting is required based on the severity and aircraft weight (see below).


Before your next flight, ensure your logbook or flight management app has a section for Occurrence Analysis. If the unthinkable happens:

  1. Stop Flying: Your day is done until the analysis is complete.

  2. Assess Harm: Is there a serious injury or a collision with a manned aircraft? Call TSB.

  3. Assess Weight: Is your drone over 25kg and damaged? Call TSB.

  4. Analyze: Determine the root cause (Human, Machine, or Environment).

  5. Mitigate: Change your procedures or repair your gear to ensure it doesn't happen again.

  6. Record: Write it down and save it for one year.


Operating a drone in Canada is a privilege that comes with the weight of aviation law. By understanding the difference between a minor incident and a reportable accident, you protect not only the public but also the future of the RPAS industry.


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