Aerospace & Defence
AEROSPACE & DEFENCE
The aerospace and defence sector is highly complex, heavily scrutinized and intensely competitive, as well as being subject to exacting standards and high security. Players in this industry face complex legal challenges that necessitate compliance with numerous and complicated laws and regulations and overlapping jurisdictions. The risks are high as the wrong decisions can quickly place companies and their executives squarely under the spotlight and under scrutiny. Aerospace and defence industry players look for strategic and committed law firms with deep domain expertise in Canadian aerospace labour law as well as other laws that govern the sector. We work with a range of organizations including domestic and foreign defence contractors and public safety organizations, as well as aerospace companies, their suppliers and manufacturers, financiers and investors. We help our aerospace and defence clients negotiate profitable contractual arrangements, navigate the government procurement process, appropriately mitigate risk, and deal with crisis swiftly and effectively when it occurs.
With lawyers who served as executives in aerospace and defence, McMillan’s aerospace and defence teams provide the kind of timely, practical advice that comes from a combination of deep industry expertise and extensive technical knowledge. We help clients navigate the legal complexities of the industry and stay on course by:
- Assisting them as they navigate Canadian laws and government procurement processes
- Advising them on how to effectively flow down obligations through their supply chain, and limit their liability in the context of government procurement obligations
- Assisting with negotiating and meeting Industrial and Regional Benefits (IRB) requirements and acting for Canadian companies who are able to assist foreign suppliers with satisfying offset requirements
- Assisting in the development and implementation of global regulatory compliance and security (personnel and facility clearance) program
- Providing guidance on export compliance policies and procedures, product and technology classifications, responses to cure notices, requests for audit or inspection, and plans for remediation
- Conducting specialized due diligence, and managing acquisition and dispositions of companies and assets
- Drafting commercial agreements such as Channel Partner Agreements, Non-Disclosure Agreements, Proprietary Information Exchange Agreements, Technical Assistance Agreements, Manufacturing Licence Agreements, and End-Use Certifications
- Training personnel and advising on international anti-corruption measures
- Litigating and assisting with international commercial arbitrations and other forms of alternative dispute resolution involving prime and subcontractor disputes
News
Insights (10 Posts)View More
Canada Expands Interim Measures and Disclosure Powers for Foreign Investment National Security Reviews
As of September 3, 2024, the Government has new powers it can use when conducting national security reviews under the Investment Canada Act
What Canadian Businesses Need to Know About the New Tariffs on Chinese Steel, Aluminum and Electric Vehicles (or: Why Your Next EV May Come with a Side of Surtax)
On August 26, 2024, the Government of Canada announced trade measures targeting Chinese imports such as electric vehicles and steel & aluminum.
Tariffs, Trade, and Economic Security: Insights on Canada’s Latest Consultation
On August 9, 2024, Global Affairs Canada initiated a 45-day public consultation process focused on safeguarding and enhancing Canada's economic security.
Canada’s Updated Ineligibility and Suspension Policy for Federal Procurement Reveals Stricter Eligibility Requirements and More Flexible Enforcement Regime
Government of Canada has updated its eligibility requirements for suppliers involved procurement processes, creating more stringent but also flexible rules.
Sanctions Enforcement Rising: Border Seizures and Forfeitures, Administrative Penalties and a New Reporting Obligation for Sanctions Evasion Offences
Changes to Canada’s sanctions regime under Bill C-59 will add reporting requirements for importers/exporters, create AMPs, and grant new CBSA seizure powers.
Warning For Businesses: Companies Can be Liable for Tort of Bribery Even if They Did Not Intend to Pay or Receive a Bribe
Businesses with a duty to provide impartial advice must take steps to ensure the payments they make or receive are not later interpreted as bribes.
New Era of Foreign Investment Scrutiny Starts in Canada with Passage of Investment Canada Act Amendment Bill
Bill C-34 amends the Investment Canada Act to enhance the government of Canada's national security review powers.
Two-Year Anniversary of Russia’s Illegal Invasion of Ukraine: New Sanctions Designations and Expansion of Export Prohibitions
To coincide with the two-year anniversary of Russia's invasion of Ukraine, Canada announced new sanctions and financial reporting obligations.
Federal Government Continues the Prompt Payment Trend
The Government of Canada is moving forward with a prompt payment and adjudication regime applicable to federal government projects.
Sanctions Update: Countering Russian Evasion of Export Controls and New Sanctions Designations
"Export Enforcement Five", which includes Canada, has released new guidelines aimed at limiting Russian export controls and sanctions evasion.
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