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ARTICLE · 17 FEBRUARY 2022

Protecting Against Drone Incursions: The Duties Of Airport Operators

Drones are changing Canada's skies and – at the same time – changing the duties of airport operators.

CanadaTransport

Drones are changing Canada's skies and – at the same time – changing the duties of airport operators. An airport has a general duty to take reasonable steps to ensure any aircraft around its premises are reasonably safe from known or foreseeable harms. But what counts as "known" or "foreseeable" harms?

Birds and other wild animals are known threats to aircraft in the critical phases of flight. Airports create and maintain wildlife management strategies to sustainably and reliably address the dangers caused to aircraft and birds. In addition to wildlife, drone traffic is increasing around Canadian airports. NAV CANADA receives thousands of requests annually for approvals of drone flights within controlled airspace or airspace where manned aircraft is likely to be operating. Does this mean that drone traffic may be considered to be a "known" or "foreseeable" risk that may cause harm to aircraft?

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