Automated delivery by drone is governed by aviation rules written for the aircraft and the operation, not for the software label "AI." In Canada, routine flights beyond the pilot's line of sight became possible under Transport Canada's lower-risk category on November 4, 2025. In the United States, the Federal Aviation Administration (FAA) proposed a dedicated Part 108 on August 7, 2025, and a final rule had not been located in the sources checked as of October 27, 2026.
Key takeaways
- Canada's lower-risk beyond-visual-line-of-sight (BVLOS) category allows drones from 250 g up to 150 kg, in uncontrolled airspace, below 122 m, away from airports.
- The FAA's proposed Part 108 would cover aircraft up to 1,320 pounds and split package delivery into permit-level and certificate-level operations.
- Route-planning software and onboard obstacle detection are what people usually mean by "AI delivery," but neither regulator regulates the algorithm by name.
- A proposed US rule is not law until it is published as a final rule, so operators still need existing authorizations for BVLOS flights.
What "AI delivery" covers
The phrase is used loosely. In practice it can mean software that plans routes and delivery windows, cameras and sensors that detect obstacles, and flight-control systems that fly a pre-planned path with a person supervising from a distance. Regulators describe all of this through the aircraft, the pilot or operator, and the conditions of flight: weight, altitude, airspace, and distance from people. The same drone is treated the same way whether its planning software is called machine learning or not. That is why delivery rules are best read from aviation documents.
Delivery by ground robots and trucks follows different rules, mostly set by cities and states or provinces, and is not covered here. Route optimization for a retailer's own vehicles is covered in a separate article on this site.
Canada: the November 4, 2025 change
Transport Canada's 2025 changes to the drone rules phased in over the year. Applications for the Level 1 Complex exam and the RPAS Operator Certificate (RPOC) opened on April 1, 2025, and the department says BVLOS flights could not start until November 4, 2025. Before that date, such flights needed a Special Flight Operations Certificate (SFOC).
The lower-risk BVLOS category requires a pilot who is at least 18, has passed the advanced and Level 1 Complex exams, has completed at least 20 hours of ground school, and has passed a flight review. The operator must hold an RPOC with policies and procedures that fit the size and complexity of its operation. Flights must stay in uncontrolled airspace, below 122 m (400 feet), and away from airports. A small or medium drone must keep at least 1 km from a populated area, and a small drone may also fly over sparsely populated areas. The department defines a populated area as more than five people per square kilometer of land and a sparsely populated area as more than five but no more than 25. The page does not mention delivery by name, so a delivery business is treated like any other operator in these categories.
United States: a proposal, not yet a rule
The FAA and the Transportation Security Administration published the proposed rule "Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight Operations" in the Federal Register on August 7, 2025, under docket FAA-2025-1908. Comments closed on October 6, 2025. The proposal covers aircraft weighing not more than 1,320 pounds (about 599 kg), including anything carried. Operations would generally stay below 400 feet above ground level unless the FAA authorizes more.
Package delivery is named in the proposal. Simpler package delivery would fall under an operating permit, while more complex delivery would need an operating certificate, which also requires a safety management system and a training program. Larger fleets, larger aircraft, and operations over larger crowds go to the certificate track. A final rule had not been located when this article was checked, so the status should be confirmed in the Federal Register before relying on any provision.
Side by side
| Item | Canada (in force) | United States (proposed) |
|---|---|---|
| Instrument | Transport Canada lower-risk BVLOS (Level 1 Complex) | Proposed 14 CFR Part 108, docket FAA-2025-1908 |
| Date | BVLOS from November 4, 2025 | Proposed August 7, 2025 |
| Weight | 250 g to 150 kg for the lower-risk category | Up to 1,320 lb |
| Altitude | Below 122 m (400 ft) | Generally below 400 ft AGL |
| Operator approval | RPOC for the operator, certified pilot | Operating permit or operating certificate |
| Delivery named? | Not on the page reviewed | Yes, simple and complex package delivery |
The table is a simplified comparison. Weight bands and exceptions differ in the full texts.
Questions to ask about any delivery service
- Which regulator's approval does the operator hold, and for which category of flight?
- Are flights supervised remotely by a certified pilot, or fully scripted?
- What happens to the package and the aircraft if the connection drops?
- Which airspace and which neighborhoods are included in the service area?
- How are camera images from the aircraft stored and used?
This article gives general regulatory information, not legal or aviation advice. Operators should read the primary texts and consult a qualified adviser.
FAQ
Is there an AI-specific law for delivery drones?
Neither the Canadian nor the proposed US aviation rules reviewed here regulate "AI" as such. They set conditions for the aircraft, the operator, and the flight.
Can drones deliver packages beyond the pilot's sight in Canada today?
Yes, within the lower-risk category: uncontrolled airspace, below 122 m, away from airports, with a certified pilot and an operator certificate.
Is FAA Part 108 in effect?
A final rule was not located as of October 27, 2026. The August 2025 notice is a proposal, and the Federal Register is the place to confirm any later change.
What does the registration of a drone cost in Canada?
Transport Canada lists drone registration at CAD 10 from April 1, 2025, and the Level 1 Complex pilot certificate at CAD 125.
Related reading
- Route optimization at a large retailer
- AI in drug delivery systems
- AI-assisted cleaning services
- A directory of AI services
More in AI Tools and Industry.
Last verified: October 2026
Sources
- 2025 summary of changes to Canada's drone regulations, Transport Canada, 2025
- Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight Operations, Federal Register, Volume 90, Number 150, FAA and TSA, August 7, 2025