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 (10 Posts)View More
Outlines potential implications for non-Canadian parties to common aircraft transactions under the Canadian federal Luxury Tax.
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
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Federally regulated employers should be proactively developing their accessibility plans to ensure compliance with the Accessible Canada Act and Regulations.
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The Canadian federal government announced its intention to make significant reforms to strengthen the Air Passenger Protection Regulations (“APPR”).
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.
To date, the Canada's Luxury Tax remains poorly understood notwithstanding that it is expected to have a broad impact on key industries.
The Government of Canada has published regulations clarifying how paid medical leave for employees will work.
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