Aviation

AVIATION

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.

AVIATION FINANCING

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

REGULATORY

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).

LITIGATION

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.

DOWNLOADS

• Facing the Aircraft Luxury Tax
• The Federal Aeronautics Power in Canada, 2022 – A Primer for the Canadian Owners and Pilots Association