1. Air Canada Law Branch International and Regulatory Affairs
LAW DEPARTMENT AFFAIRES JURIDIQUES
Air Canada Law Branch International and Regulatory Affairs
An overview
Presented to:
IASL, McGill University
By:
Martine De Serres
Counsel, Regulatory and International
March 16, 2009

2. Law Branch – Internal Structure
Commercial (5 lawyers)
Aircraft Financing (3 lawyers)
Labour & Employment (4 lawyers)
Privacy & Human Rights (1 lawyer + 1 paralegal)
Litigation (2 lawyers + 2 paralegals)
Regulatory and International (2 lawyers)
+ VP & General Counsel
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3. Law Branch Tasks – International & Regulatory General Guidance
Legal advice on applicable legislation in the countries we serve
Obtain and understand applicable legislation
Coordinate with external counsel, if needed
Ensure compliance by working with various client groups
Legal advice on acceptable practices based on:
International conventions
IATA regulations
Canadian law
Prior advice from external counsel
In-house seminars
Competition Law worldwide: key principles, Dos and Don’ts
Misleading Advertising: Dos and Don’ts
Environmental Due Diligence: Canadian legal regime
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4. Law Branch – International & Regulatory – Tasks Licencing Requirements and Authorities
Canadian and Foreign authority licencing requirements, seasonal renewals and/or notifications
Application and schedule of operations
Insurance
Various documents (AOC; CofR; CofA; Incorporation; Manuals; …)
Required for:
Own scheduled operations
Charter operations
Wet lease operations
Code share operations
Extra sections
Subject to various conditions and requirements
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5. Law Branch – International & Regulatory – Tasks Contractual Support
Draft, negotiate, review, and give advice on contracts:
Slot Exchange/Loan/Lease Agreements
Code share agreements
Wet lease agreements
Capacity purchase agreements
Joint ventures
Ground Handling Agreements
Tariffs
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6. Recent developments – Passenger Rights
EU regulation (delays and cancellation) + all-inclusive pricing
US Denied Boarding revised rule
Australia – new all-inclusive pricing
Brazil – call centers and 12 point-font legislation
Canada – Flight Rights Canada & the new private bill
Passengers with a disability… next slide
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7. Recent developments - Accessibility
US Part 382 now applies to foreign carriers
EU legislation
On-going Canadian case law
1P1F
Oxygen decision
Service animals
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8. Canadian Transportation Agency’s Jurisdiction
Air
Marine
Rail
Accessible transportation
No undue obstacle to mobility
Acceptance of determination of self-reliance
Equivalent to human rights legislation
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9. Deregulation in Canada
Domestic travel deregulated
Exceptions:
120 days prior notice for discontinuance / reduced service
Unreasonable fares if only carrier on domestic route (review upon complaint)
Unreasonable terms and conditions (review upon complaint)
International & Transborder travel still regulated– review on own-motion
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10. Is the aviation industry deregulated?
Is power to review upon complaint real deregulation?
International travel still “regulated” in Canada
Regulation of fares and fees mostly deregulated world-wide
Countries have differing scales of regulations
Increased passenger rights regulations world-wide
=> A new trend for regulation?
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11. Inherent International Regulatory Conflicts
Regulating code share relationships:
Operating carrier rule vs. marketing carrier rule
Competition law: managing cultural and legislative differences
Consumer protection: increasing in number, variety and scope
Lack of uniformity - Apply the highest standard
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12. Questions?
Thank you!
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