Airplane Wing in Flight from window, sunset sky
Airplane Wing in Flight from window, sunset sky
Airplane Wing in Flight from window, sunset sky

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.

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.

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News

Insights (30 Posts)

Featured Insight

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.

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Jan 10, 2023
Featured Insight

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.

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Nov 28, 2022
Featured Insight

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.

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Aug 2, 2022
Featured Insight

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.

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Jun 21, 2022
Featured Insight

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.

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Jun 16, 2022
Featured Insight

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.

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Jun 1, 2022
Featured Insight

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.

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Mar 25, 2022
Featured Insight

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

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Mar 8, 2022
Featured Insight

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.

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Feb 2, 2022
Featured Insight

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.

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Jan 12, 2022
Featured Insight

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.

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Jan 12, 2022
Featured Insight

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.

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Nov 30, 2021
Featured Insight

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

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Nov 29, 2021
Featured Insight

Mandatory Vaccination Policy: “Reasonable, Enforceable”

A labour arbitrator upheld an employer’s mandatory vaccination policy, finding the policy to be reasonable and enforceable.

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Nov 11, 2021
Featured Insight

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.

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Nov 3, 2021
Featured Insight

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

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Aug 24, 2021
Featured Insight

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

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Aug 3, 2021
Featured Insight

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.

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Jun 30, 2021
Featured Insight

ICMA Green Bond Principles Undergo Minor Facelift

Legal news bulletin discussing recent changes to ICMA Green Bond Principles.

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Jun 17, 2021
Featured Insight

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

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May 25, 2021
Featured Insight

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.

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Apr 27, 2021
Featured Insight

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

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Feb 22, 2021
Featured Insight

In the Bag: Court Certifies Class Action for Westjet Baggage Fees

In the Bag: Court Certifies Class Action for Westjet Baggage Fees

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Jan 29, 2021
Featured Insight

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.

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Jun 23, 2020
Featured Insight

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”).

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Jun 5, 2019
Featured Insight

“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)

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Jun 21, 2018
Featured Insight

Business Aircraft Finance, Registration & Legal Conference

Business Aircraft Finance, Registration & Legal Conference.

Details
March 18, 2018 - March 20, 2018
Featured Insight

‘Trick or Tweak’ – Proposed Relaxation of Foreign Ownership Restrictions

‘Trick or Tweak' – Proposed Relaxation of Foreign Ownership Restrictions
for Canadian Air Carriers

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May 18, 2017
Featured Insight

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'?

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Nov 7, 2016
Featured Insight

Final Report: Canada Transportation Act Review

Final Report: Canada Transportation Act Review

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Mar 16, 2016