It is strictly regulated.
Flying drones over private property in Canada is legal only if operators comply with federal aviation laws, provincial privacy statutes, and municipal bylaws. Transport Canada’s Drone Regulations (2019-1) govern airspace use, while the Personal Information Protection and Electronic Documents Act (PIPEDA) and provincial privacy laws (e.g., BC’s Personal Information Protection Act) restrict unauthorized surveillance. Municipalities like Toronto and Vancouver impose additional height or proximity restrictions near residential zones. Violations may trigger fines up to $25,000 or criminal charges under the Criminal Code for trespass or harassment. Operators must also account for upcoming 2026 Transport Canada amendments tightening enforcement on unauthorized low-altitude flights.
Key Regulations for Flying Drones Over Private Property in Canada
- Transport Canada’s Drone Regulations (2019-1): Requires drones under 25 kg to operate below 122 m (400 ft) AGL, maintain 30 m horizontal distance from bystanders, and avoid flying over unprotected persons or moving vehicles unless certified. Special Flight Operations Certificates (SFOCs) are mandatory for flights over private property without consent.
- Privacy Laws (PIPEDA & Provincial Acts): Capturing images or data of individuals on private property without consent violates privacy statutes. Even incidental recording may trigger liability under BC PIPA or Alberta’s PIPA, with penalties up to $100,000 for non-compliance.
- Municipal Bylaws: Cities like Montreal and Calgary enforce height limits (e.g., 30 m in residential areas) and prohibit flights near schools or hospitals. Toronto’s Noise Bylaw restricts daytime operations in certain zones, while Vancouver’s Park Board Bylaws ban drones entirely in city parks.