Establishing and operating a Canadian airline requires navigating a complex regulatory framework that governs both the technical and economic aspects of airline operations. YYZlaw offers specialized legal services to guide new and existing airlines through these requirements, ensuring compliance with Canadian Aviation Regulations (CARs) and economic regulations set by the Canadian Transportation Agency (CTA).
a) Technical, Safety Authority
Compliance with the Canadian Aviation Regulations (CARs) is a fundamental requirement for any airline operating in Canada. These regulations cover a wide range of technical and safety aspects, from aircraft maintenance and operations to pilot certifications and safety management systems.
YYZlaw assists clients in understanding and meeting these regulatory requirements, providing guidance on the following key areas:
Aircraft Certification
Ensuring that all aircraft used by the airline meet Transport Canada’s stringent certification standards, including airworthiness and operational safety.
Pilot and Crew Certification
Advising on the certification requirements for pilots and crew members, including initial training, ongoing education, and recertification processes.
Safety Management Systems (SMS)
Developing and implementing a robust SMS that complies with the CARs, ensuring that safety is integrated into every aspect of the airline’s operations.
Operational Manuals and Procedures
Assisting in the creation and approval of operational manuals that meet regulatory requirements, including emergency procedures, maintenance protocols, and flight operations guidelines.
Audit and Compliance Programs
YYZlaw provides support in establishing internal audit and compliance programs to ensure ongoing adherence to CARs, including preparation for Transport Canada inspections and audits.
b) Economic Authority
In addition to technical compliance, Canadian airlines must meet several economic regulatory requirements to operate legally. These requirements are overseen by the Canadian Transportation Agency (CTA) and include insurance, financial fitness, and Canadian ownership stipulations.
Insurance
Airlines must maintain adequate insurance coverage to protect against liabilities, including passenger and third-party claims. YYZlaw helps airlines secure the necessary insurance policies, ensuring compliance with CTA requirements.
Financial Fitness
The CTA requires airlines to demonstrate financial fitness, proving that they have the financial resources to sustain operations. YYZlaw assists clients in preparing financial statements, business plans, and other documentation required to meet these standards.
Canadian Ownership Requirements
To qualify as a Canadian airline, a majority of the voting interests in the airline must be held by Canadian citizens or entities. YYZlaw provides expert advice on structuring ownership to comply with these requirements while achieving business objectives. This includes advising on shareholding structures, voting agreements, and regulatory filings to ensure compliance with the CTA’s ownership rules.
YYZlaw’s services extend beyond initial certification and licensing. We provide ongoing support to ensure that airlines remain compliant with Canadian regulations as their operations evolve. This includes advising on regulatory changes, assisting with amendments to operating certificates, and providing legal representation in any disputes with regulatory authorities.
By offering comprehensive legal services tailored to the specific needs of Canadian airlines, YYZlaw helps clients navigate the complexities of establishing and operating an airline, ensuring compliance with all technical, safety, and economic regulations.
