Nicolas Pimentel

Flying “High”: Current Preventative Measures in Advance of Marijuana Legalization in Canada

The issue of pilot intoxication has received a fair amount of media attention in Canada over the past few years. We have seen jail sentences imposed on airline pilots, a heavily publicized incident involving an intoxicated Sunwing pilot, and the fatal Carson Air Accident in 2015 (where investigators found significant levels of alcohol in the pilot’s bloodstream).  With the impending legalization of marijuana on October 17, 2018, it is a good time to consider the current regulatory framework for drug/alcohol testing in this new context.

Drug and Alcohol Testing

In Canada, there is no regulation that requires drug or alcohol testing for pilots.  In both India and Australia, breathalyzer tests are carried out on flight crews.  In the United States, …

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Innovation or Complication: The Emerging Regulatory Landscape for Drone Use in 2018

The use of drones recreationally and commercially continues to grow exponentially in Canada. While the commercial use of drones has been governed by rules set out in various regulatory exemptions (or by the requirement to obtain a special flight operations certificate (“SFOC”) from Transport Canada), the recreational use of drones that weigh under 35 kg was previously simply subject to guidelines encouraging users to “fly safely”. More recently, the Minister of Transport issued a series of interim orders respecting these aircraft. The current interim order No. 8 regulates all recreational use of drones weighing between 250 g and 35 kg.

UAS Task Force

In 2017, Transport Canada established the Unmanned Aircraft Systems (“UAS”) Task Force, staffed with members with expertise …

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A new “Passenger Bill of Rights” and other potential legislative changes affecting the Canadian airline industry

Bill C-49, the Transportation Modernization Act (the “Act”), had its 2nd reading in the House of Commons on June 19, 2017.  The Act consists of a package of amendments to the Canada Transportation Act, S.C. 1996, c. 10, as well as other pieces of legislation. However, its main focus is on the introduction of a new airline passenger bill of rights.  Other key amendments include a wider definition of “Canadian” to allow for an increase in foreign investment in air service providers, as well as provisions to promote joint ventures between air service providers while ensuring healthy competition in the industry.  Transport Canada has stated that the purpose of the legislation is to ensure a better …

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