Aviation businesses depend on a complex overlay of domestic and multinational laws and regulations. Our national aviation experts bring together the strengths in several practice areas such as airlines and regulatory, mergers and acquisitions, competition and foreign investment, corporate, tax, financing, intellectual property, litigation and employment.
In light of the ever-changing regulatory landscape, our close relationships with key aviation industry groups and government decision-makers, as well as our affiliation with McMillan Vantage Policy Group, a full-service national public affairs firm, ensure that we remain well-informed of developments that affect your operations.
Our international aviation law clients include passenger and cargo airlines, aircraft manufacturers, aircraft dealers and brokers, aircraft management firms, aircraft financing firms, suppliers, online travel agencies, lenders and purchasers of aircraft.
We offer unparalleled expertise in the following areas:
MERGERS AND ACQUISITIONS ADVISORY / COMPETITION
As an aviation law firm, McMillan has unmatched experience in mergers and joint ventures involving airlines. We have helped airlines successfully navigate the regulatory processes involving multiple government agencies and we work closely with economic and industry experts to prepare submissions to regulators. Airlines also call on us for advice related to new pricing or advertising programs.
Our aviation team members represent borrowers and lenders across Canada with respect to acquisition and progress payment financing, whether secured by the aircraft itself, secured by other collateral, or unsecured. Our robust financial services team handles all aspects of the transaction including the due diligence process, advising on and preparing transaction-specific loan and security documentation, assisting with the preparation of standard form aviation financing documents, registration of security over the aircraft and any opinion requirements. Our expertise is complimented by our corporate tax team, which can advise you on how to set up a structure for aircraft ownership that is most advantageous from a corporate and tax perspective. Our restructuring and insolvency group also regularly works with financially challenged companies, and Canadian and US financial institutions in enforcement scenarios.
PRIVATE AIRCRAFT OWNERSHIP
We have deep relationships throughout the aviation industry to assist clients with private aircraft matters. In this regard, our aviation experts regularly represent clients for the following:
- Advice on the implementation of tax-efficient aircraft acquisition and ownership structures;
- Representation in aircraft-related tax audits and tax disputes;
- Advice on the application of the Select Luxury Items Tax Act (luxury tax);
- Review of aircraft purchase agreements and management agreements;
- Purchases and sales of aircraft;
- Advising aircraft manufacturers, management companies, dealers and brokers regarding operational matters; and
- Advising boards of public companies on the establishment of formal policies governing the use of corporate aircraft
We assist Canadian and foreign air carriers with their day-to-day national and international aviation law regulatory compliance needs such as:
- Applying, maintaining and updating existing licences, air operator certificates, carrier codes and any other required documentation for air carrier activities in Canada;
- Preparing and submitting all requests and filings in relation to charter, wet-lease and codeshare operations;
- Applying for extra-bilateral authorizations with the Canadian Transport Agency (CTA);
- Receiving and contesting notices of assessment issued by the Canada Border Services Agency (CBSA) in respect of inadmissible passengers; and
- Preparing and modifying tariffs required under Canadian law.
AIRPORTS AND AERODROMES
McMillan represents owners and operators of aviation facilities across the country. Our aviation experts can assist with development, regulation, federal/ provincial jurisdictional disputes and commercial agreements including land leases, concessions and commercial operations. In addition, our firm is an industry leader in P3 project infrastructure transactions as well as construction law and dispute resolution.
DRONES AND UNMANNED AIRCRAFTS
Drones and unmanned aircrafts are changing the way business is done. Our aviation team, along with our privacy, technology, competition and intellectual property teams, can help negotiate and draft a wide range of commercial agreements reflective of this rapidly evolving environment. Our aviation team can also advise and assist on identifying and addressing applicable regulatory and compliance issues as well as export controls affecting aviation and aeronautics, including Transport Canada approvals and Group 1 dual-use items such as specific aero gas turbine engines and drones (unmanned aircrafts).
Our team can cover all your litigation needs, from defending passenger claims before all court levels throughout Canada to the most complex class actions cases.
Insights (36 Posts)
The Present and Future of A.I. Regulation
Join us for a session with industry experts who will share valuable insights into the latest trends and developments in artificial intelligence with a particular focus on regulation.
Bill C-13: The Federal Government’s Answer to Bill 96, Notably Imposes New Obligations to Use French in Workplaces for Federal Employers
Bill C-13 - French language requirements for federally regulated businesses in Canada
New Mandatory Reporting Requirement for Businesses: Canada’s Modern Anti-Slavery Bill Becomes Law
Canada imposes new reporting obligations on forced labour, and what it means for Canadian businesses.
Update for Federal Employers: Upcoming Deadlines under the Accessible Canada Act
Federally regulated employers should be proactively developing their accessibility plans to ensure compliance with the Accessible Canada Act and Regulations.
Change is in the Air: Government of Canada proposing changes to Air Passenger Protection Regulations
The Canadian federal government announced its intention to make significant reforms to strengthen the Air Passenger Protection Regulations (“APPR”).
Sunny Days Ahead – The WestJet-Sunwing Merger is Cleared for Takeoff
On March 10, 2023, the Government of Canada approved WestJet's merger with Sunwing pursuant to the Canada Transportation Act.
On the Right Track: Canadian Government’s Key Changes to Transportation of Dangerous Goods Regulations
The Canadian government has announced key changes to the Transportation of Dangerous Goods Regulations to streamline cross-border trade of dangerous goods.
Canada’s Luxury Tax: Practical challenges for the aviation industry
To date, the Canada's Luxury Tax remains poorly understood notwithstanding that it is expected to have a broad impact on key industries.
Government of Canada Clarified Intended Medical Leave with Pay for Federally Regulated Employees
The Government of Canada has published regulations clarifying how paid medical leave for employees will work.
The Federal Government Suspends its Mandatory Vaccination Requirements
The Government of Canada has lifted its mandatory vaccination requirements for employees in the air, marine and rail sectors.
Flair’s Canadian Status Confirmed in Important Ruling
The article analyses the Canadian Transportation Agency decision in Flair and its implications for the airline industry and the regulatory regimes in Canada.
Canada Expands Sanctions on Russia and Proposes Broad Legislative Changes to its Sanctions Regime
An overview of two further rounds of Canadian sanctions against Russia as well as amendments that would strengthen Canada’s sanctions regime.
Not Yet Cleared for Takeoff: Draft Canadian Luxury Tax Legislation Raises Concerns for the Aviation Industry
On March 11, 2022, the federal Department of Finance released draft legislative proposals to implement the proposed Luxury Tax.
The Potential Impact of the Ukraine Conflict on Contracts Between Canadian and Russian Companies
Legal tools Canadian companies should seek advice on if they are no longer able perform contractual agreements because of the war in Ukraine
Federal Government Accepting Comments on Exemptions to Hours of Work Requirements in Air and Rail Transportation, Banking and Telecommunications Sectors
Employers in transportation, banking and telecommunications sectors have until February 23 to comment on proposed hours of work exemptions.
Mandatory COVID-19 Vaccination Policy Upheld
An Ontario arbitrator upheld an employer's vaccine mandate for both a site where a 3rd party obligation existed and a related site with no such obligation.
Ontario Arbitrators Continue to Uphold Terminations of Employees who Breach COVID-19 Safety Protocols
A recent decision by an Ontario arbitrator further affirmed the notion that dishonesty during COVID screening protocols by an employee can lead to termination.
Federal Court Denies Injunction to Suspend Federal Government’s Supplier Mandate
The Federal Court of Canada recently dealt another blow to those challenging workplace vaccine mandates when it denied an interlocutory injunction that would have suspended the implementation of the federal government’s COVID-19 mandatory vaccination requirement for suppliers.
You Can’t Get There From Here: Vaccination Mandates in the Transportation Sector
Federal government announces details of mandatory vaccination for air, marine and rail travellers
Mandatory Vaccination Policy: “Reasonable, Enforceable”
A labour arbitrator upheld an employer’s mandatory vaccination policy, finding the policy to be reasonable and enforceable.
Privacy Commissioner Releases More Guidance for Video Teleconferencing Companies
Video teleconferencing companies face unique cybersecurity and data privacy risks. The OPC has new guidance on how these companies can best address them.
Clipping Wings and Stalling Engines: The proposed Canadian federal luxury tax raises issues for vendors, manufacturers, service providers and consumers
Proposed Canadian federal luxury tax raises issues for the aviation, automotive and boat industries
Attention Federally Regulated Employers – Canada’s Pay Equity Act Takes Effect August 31, 2021
The Pay Equity Act, requiring federally regulated employers to develop a comprehensive pay equity plan, takes effect on August 31, 2021
Amendments to the OHSA Consolidate Reporting Requirements for Workplace Accidents Effective July 1, 2021
The Ontario government introduced amendments to Regulations under the Occupational Health and Safety Act to consolidate accident reporting requirements.
ICMA Green Bond Principles Undergo Minor Facelift
Legal news bulletin discussing recent changes to ICMA Green Bond Principles.
Canadian Privacy Commissioners Issue Joint Guidance on Vaccine Passports
Commissioners warn that privacy considerations must be “front and centre” as organizations develop and implement vaccine passports in the coming months
Closing the Gap: New Proactive Pay Equity Rules for Federally Regulated Employers
Guidance on employers' obligations under the new federal Pay Equity Act and its associated regulations, expected to take effect in late 2021.
Canada’s Transport Minister Approves Air Transat’s Take-Over by Air Canada
In a long-awaited decision, Canada’s newly appointed Transport Minister approved Air Canada’s acquisition of rival Transat on public interest grounds
In the Bag: Court Certifies Class Action for Westjet Baggage Fees
In the Bag: Court Certifies Class Action for Westjet Baggage Fees
ATPDR: Limited Exemptions for Foreign Air Carriers
On June 1, 2020, the CTA issued the Accessible Transportation for Persons with Disabilities Regulations Application Exemption Order.
Aviation – New Regulations Regarding Passenger Rights in Canada
On May 24, 2019, after many months of consultations with various stakeholders, the Canadian Transportation Agency (“CTA”) formally adopted the Air Passenger Protection Regulations (the “APPR”).
“Facts Matter” – Despite Amendments to the Foreign Ownership Restrictions for Canadian Air Carriers, ‘Control in Fact’ is still the Rule
Following its introduction on May 16, 2017 as Bill C-49, an Act to amend the Canada Transportation Act (the "CTA") the Transportation Modernization Act (Canada)
Business Aircraft Finance, Registration & Legal Conference
Business Aircraft Finance, Registration & Legal Conference.
‘Trick or Tweak’ – Proposed Relaxation of Foreign Ownership Restrictions
‘Trick or Tweak' – Proposed Relaxation of Foreign Ownership Restrictions
for Canadian Air Carriers
Government Announces Changes in Foreign Ownership Rules for Canadian Airlines – ‘Change in Fact’?
Government Announces Changes in Foreign Ownership Rules for Canadian Airlines – 'Change in Fact'?
Final Report: Canada Transportation Act Review
Final Report: Canada Transportation Act Review
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