Welcome to the National Air and Space Law Section!
The Section aims to keep its members up to date in all aspects of air and space law, including labour, environmental, regulation, financial, liability and issues stemming from governing bodies including Transport Canada, the Canadian Transportation Agency, the Transportation Appeal Tribunal of Canada, Ministry of Transport, the Federal Aviation Administration, the European Aviation Safety Agency, the International Civil Aviation Organization and the International Air Transport Association. Our members include in-house counsel and private practitioners from all parts of the country. We provide opportunities to interact with industry stakeholders and provide a dialogue between counsel and those affected by aviation law. We invite our members to be involved in the Section on all levels, including, writing an article for Altitudes, suggesting a panel topic, or attending our events!
Year in Review: Key Developments in Aviation Case Law
February 5, 2014
Presented live via webconference by the CBA National Air and Space Law Section
The courts in Canada and internationally have given the aviation sector much to talk about in 2013. Join us for the "highlight reel" of key 2013 court decisions that point to trends and developments in aviation law practice. Our knowledgeable speakers will provide valuable insight into these cases and discuss their potential impact on aviation practice. Cases to be discussed include:
- Unlu v. Air Canada
- Thibodeau v. Air Canada
- Seguin (Township) et al v. Bak
- ACG Acquisition XX LLC v. Olympic Airlines (in special liquidation)
Gerard Chouest, Bersenas Jacobsen Chouest Thomson Blackburn LLP
Philip Shepherd, XXIV Old Buildings
Details and registration
On October 7, The Canadian Transportation Agency published Decision No. 390-A-2013. It states the criteria the Agency will use to determine what constitutes and “air service” and therefore requires Agency licensing.
The Decision can be found here.
The decision answers questions on a number of issues that were previously unsettled and provides useful guidance for industry and its advisors.
Visit the Anti-Corruption Team website!
The CBA’s Anti-Corruption Team (CBA-ACT) website provides access to global anti-corruption legislation of interest to Canadian lawyers, specific case law, international resources and conventions, and articles written by experts on the topic.
The CBA-ACT is a joint committee of the Charities, International, Business, and Competition Law Sections as well as CCCA.
Senate Transport and Communications Committee Report on the Future Growth and Competitiveness of Canadian Air Travel
In April 2013, the Senate Transport and Communications Committee released a report detailing its observations on the future of the Canadian airline industry. The Committee makes a number of recommendations, including support for a cohesive national air travel strategy to ensure its continued success into the future.
Cape Town Convention FAQs
The Convention on International Interests in Mobile Equipment and the Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Aircraft Equipment (collectively, the Cape Town Convention) becomes law in Canada on April 1, 2013.
The CBA’s National Air and Space Law Section has prepared a list of FAQs to help you navigate the implications of the Cape Town Convention.
Go to FAQs
Cape Town Legislation Introduced in Manitoba.
The Manitoba Legislature has introduced Bill 26, The International Interests in Mobile Equipment Act (Aircraft Equipment).
On passage, Manitoba joins the majority of Provinces and Territories who stand poised to adopt the International Registry under the Cape Town Convention to record International Interests (leases and financing) of most aircraft, helicopters and their engines. That registration will, going forward, take priority over Provincial PPSA filings.
Under the Convention, lessors and financiers can obtain uniformity of remedies and certainty of priority. This should encourage better rates and wider financing choices for aircraft operators in jurisdictions that have adopted Cape Town.
Currently there are 51 contracting states for the Convention, including the United States and China.
Because of the division of constitutional powers in Canada, legislation is required at both Federal and Provincial levels. The Federal government is working with representatives of the airline and lease/finance industries to resolve final issues for implementation.
The Air & Space Law Section of the Canadian Bar Association has actively supported passage of Cape Town legislation Federally and in the Provinces and Territories.
National Air & Space Law Section Newsletter - Altitudes
Altitudes (October 2013)
The Section is currently looking for articles for its next newsletter. If you would like to contribute to the next edition, please contact us at CBA Newsletters.
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