Regulatory Modernization Initiative Submissions September 6, 2017 INTRODUCTION Clark & Company is a successor law firm to a practise that in the early 1950’s, commenced a focus on the aviation community in Canada. William F. Clark is the third successor to that practise and he has been providing aviation industry regulatory oversight for over 40 […]
Category Archives: Blog
22
Aug
Aug
August 2, 2017 Dear Sirs: We apologize for not having met your July 24, 2017, requested deadline for commentary on the Phase II repo1t of your review of the Travel Industry Act. In our original submission of February 13, 2017, we indicated our concern that the review should focus on the virtual disappearance of the […]
15
Aug
Aug
Canada is rather unique in western aviation civilizations, as due to constitutional restrictions, it has not been able to enact a central aircraft title registry. However, Transport Canada (TC) is mandated by the Canadian Aviation Regulations (CAR’s) to establish a custody and control registry, which is called the Canadian Civil Aircraft Register (CCAR). Pursuant to CAR Standard 222, […]
22
Jun
Jun
Aircraft transactions are complicated processes that require detailed knowledge of aviation regulations, business practices, taxation of aircraft assets, and international law – knowledge that YYZlaw has been steadily building over many decades. These processes can be boiled down to three main categories of agreements: i) contracts of purchase and sale, ii) lease or finance agreements, […]
02
May
May
With the rapid pace of development in the unmanned aerial vehicles (UAVs) sector and the consequent commercial opportunities that follow, entrepreneurs in this emerging industry stand to be among the next generation of great commercial innovators. Already UAVs, more commonly referred to as drones, are being put to work in an assortment of sectors including […]
25
Apr
Apr
Aircraft Registration Canada Operating under the Cape Town Convention and Aircraft Protocol (CTC), the International Registry of Mobile Assets (IR) provides for the electronic registration and protection of ‘international interests’ in aircraft objects, namely airframes capable of transporting 8 or more passengers or goods in excess of 2750 kilograms, helicopters capable of transporting 5 or […]
27
Jul
Jul
It has recently come to our attention that one American financial institutions acting as owner trustees for the purposes of aircraft registration under the United States FAA Aircraft Registry system, had begun denouncing their appointments as trustees and commencing the process for either transferring or collapsing the existing trust structures.BackgroundUnder the rules for registering aircraft […]
29
Jun
Jun
For example, when the top of the Toronto’s CN Tower was lifted into place using a helicopter, it was carried out in accordance with and under the authority of an SFOC. To date, Transport Canada has reacted relatively swiftly in dealing with the rapidly expanding demand for commercial UAV operations. In addition to the two […]
30
Apr
Apr
As the civilian drone industry begins down the long road of regulatory legitimization, Canada’s remote communities stand to be unique beneficiaries of the possibilities that this new technology represents. Back in 2010, I had the privilege of partaking in the Katimavik program – a community-service program that sent me to places in this country that […]
Aviation Regulatory Compliance, Blog
Transport Canada’s Safety Management Systems (SMS) Non-Punitive Reporting Policy
29
Oct
Oct
We were recently consulted by a client concerning an aviation enforcement action that was being undertaken by Transport Canada. The Enforcement Officer alleged certain violations of the Canadian Aviation Regulations (CARs) on the basis of a report filed under the company’s Safety Management Systems (SMS). The pilot, who had filed the report, was the only […]
