Being Mindful of Legal Issues When Using Drones

The technology that makes drones possibly continues to advance rapidly. They have gone from being toys barely able to carry their own weight to being used in trials by parcel delivery companies, in search-and-rescue efforts, and to observe construction progress.
There are several critical legal issues that should be considered before specifying the use of drones on a project, including the following:

  • Transport Canada licensing of the drone operator and compliance with requirements and restrictions for drone operation;
  • Criminal and civil trespass and nuisance, which includes privacy considerations;
  • Data rights and licensing;
  • Cybersecurity;
  • Insurance and liability; and
  • Intellectual property.

Architects and clients are advised to obtain legal advice on the wording and provisions of any specification or contract for any use of drones on a project.