Transport Canada has proposed regulation changes that may affect many of you. The proposal is NPA 2024-001. These changes have not been publicized very well and organizations representing pilot’s interests such as UPAC, HPAC and COPA appear to not have been involved or notified properly about the proposed regulation changes. A short window for pilots to respond to Transport Canada to express comments, concerns or objections was given and the deadline of February 07, 2024, has passed. We tried to get the word out to the membership, and I hope many of you responded to Transport Canada on the matter.

Firstly, in discussing this, I’ll try to be constructive and professional and keep politics out. However, there’s no way to sugar coat it. This is not a positive thing for Ultralight pilots, and I fail to see how this enhances safety in any way. I’m missing any positives if there are any.

The regulation change, which is most concerning, is the redefinition of an “Ultralight” to determine which pilots are permitted to operate them, based on how the aircraft are registered.

In a nutshell, any pilot who has an Ultralight Pilot Permit has, in the past, been able to fly any airplane that meets the Ultralight specifications of 1200 lbs. gross weight and stall speed of 45 mph or less, regardless of which category the airplane was registered in. Many aircraft models in Canada can be registered as Basic Ultralight, Advanced Ultralight or Amateur-built, despite being the same aircraft. This means that suddenly, many aircraft that an Ultralight Pilot could previously fly, would now be prohibited based on nothing more than a paperwork difference between identical aircraft!

Under the new definition, a pilot could only fly airplanes registered as C-I** marks and would no longer be permitted to fly any registered as C-F** or C-G**. If this happens, it means some pilots would no longer be able to fly aircraft they are currently flying or building, based solely on which “box is ticked” on the registration.

The proposal is somewhat nebulous, as it doesn’t clearly define some important details and the devil is always in the details. It’s far too vague a proposal, being close to implementation. Unfortunately, many have tried to reach out to transport to be met with “we are experiencing higher than normal call volumes, blah blah blah…”.

More accountability regarding the rationale for this proposal is required, as it seems unnecessary and unreasonable. Many questions and concerns exist such as:

• Why is the change necessary? *What is the purpose or intent of this regulation change?
• Why haven’t organizations who are advocates for us Canadian pilots, such as UPAC and COPA, been more informed and involved in this proposal?
• What will happen to those who are suddenly faced with this change drastically altering their current flying?
• How does a paperwork difference between identical aircraft change a pilot’s ability to safely fly it based solely on how it is registered?

The history and evolution of ultralights over the last four plus decades has exhibited an increase in quality and safety over the years. The early generations of ultralights were primitive, being foot- launched, weight shift hang gliders with glorified chain saw motors. In Canada, our earlier ultralights were predicated on “Launch weight” initially. Later, we went by maximum gross weight. First 1058 lbs., then eventually 1200 lbs. (Bula) and 1232 lbs. (AULA). Most changes led to an improvement in safety, comfort, efficiency & performance. Each change made them more like “Real Airplanes” as some would say. Now this seems to be a reversal of this trend. We are going backwards, and we are trying to make ultralights differ more from other category aircraft rather than harmonize with them. It makes no sense. It’s totally counter intuitive.

Our Canadian ultralight regulations have been safer and more realistic than the American FAA part 103 , with 254 lbs. max empty weight. However, the LSA regulations in the states opens them up to a broader variety of aircraft. By contrast, this proposal to now restrict Canadian Ultralight Pilots to C-I** ultralights greatly reduces the number and types permitted.

Amateur-built aircraft projects are a multi-year, long game commitment. It’s hardly fair to change the rules after a builder has already committed significant time and resources into an aircraft, he won’t be able to fly. There doesn’t appear to be any information indicating their intention to “grandfather” projects in progress.

There is some talk about a possible workaround, allowing you to re-register amateur-built aircraft to a C-I ultralight registration but, would that be irreversible later by a subsequent owner? This will affect the resale value.

Also, consider if you are currently a PPL but are planning to simplify things and drop down to an ultralight permit later, this now is something which could affect you at some point in the future.

Anytime they take away rights or privileges from any segment of aviation it affects all of us. Your flying privileges may or may not be directly impacted by this change but, as a Pilot, it should matter to every one of you. This time it’s Ultralight Pilots and Ultralight Aircraft, next time it could be RPP, PPL pilots or Amateur-built aircraft, etc.

They are trying to fix that which isn’t broken. I’m perplexed as to why. I don’t understand why they feel it necessary to propose these changes now.This brings to mind two very funny quotes from Ronald Reagan:

“The Government’s view could be summed up in a few short words. If it moves, tax it. If it keeps moving, regulate it.”

“The most terrifying words in the English language are, I’m from the government and I’m here to help.”

Albeit funny, there is some grain of truth in there. I’m a believer in freedom and less red tape in my life, something I find appealing in ultralights, but now our “freedom to fly” is being questioned, encroached upon, and potentially jeopardized. As Kathy Lubitz from UPAC puts it, with the stroke of a pen, privileges are lost and we won’t get them back.

Frankly, if an Ultralight pilot can safely operate an aircraft of 1200 lbs. gross weight and 45 mph stall speed, HE CAN SAFELY OPERATE AN AIRCRAFT OF 1200 LBS GROSS WEIGHT AND 45 MPH STALL SPEED- PERIOD!

The aircraft doesn’t know how it’s registered, and the rules of aerodynamics don’t change due to insignificant paperwork differences or what letter follows the C- on the side of the aircraft.

Most laws are written with a view to “what would a reasonable person do?” There are always those who, when faced with what they feel is unjust or unreasonable, will act despite it and defy that law. Unfortunately, this broad prohibition may foster an environment of contempt in some, rather than the atmosphere of safety and encourage compliance. We shouldn’t condone that behavior but could understand the motivation for it.

Sadly, the ultralight category is shrinking anyways, due to a deficit of freshly minted Ultralight Pilots in the last 10-15 years. The entry level of Ultralight flying is Training schools, and those are disappearing which cuts off the supply chain of new ultralight pilots. Combined with many of us probably retiring from flying in the next 15 years and the average age of ultralight pilots being in the 40’s, the last generation is likely already trained, permitted, and flying.

I feel they should leave the category as is for now and eventually it may naturally go extinct. Why bother drafting new regulations for a category that’s fading?

Many feel that more time and consultation is required and that perhaps this proposed change be abandoned outright. At the very least, they should communicate this more effectively with everyone involved or affected, asequal members of the Canadian aviation community. It is my hope that they back away from this proposal and allow the status quo to prevail. We’ll wait and see.

For more context the video in this link will elaborate on the matter. Take a moment to watch: