Echo Hotel Aviation Law Briefings

UPGRADE YOUR AVIATION INDUSTRY KNOWLEDGE

WITH OUR ECHO HOTEL AVIATION NEWSLETTER 

This weekly briefing series outlines recent decisions and news that affect the aviation sector.

The articles listed below are intended to provide readers with general information. They should not be regarded or relied upon as legal advice or opinion.

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January 23, 2021 – Canada clears Boeing 737 Max for flight nearly 2 years after global grounding

January 23, 2021

TOP STORY Transport Canada officially lifts the ban on Boeing’s 737 MAX 8 planes   CTA DECISIONS Application – WestJet – Determination A-2021-13 Application for exemption from the application of section 59 of the CTA – exemption granted pursuant to paragraph 80(1)(c) of the CTA, subject to several conditions Application – 0869234 B.C. c.o.b. Streak Air – Determination No. A-2021-12 Application for license to operate a domestic service, small aircraft – license issued Application – Voluxis Limited – Determination No. A-2021-11 Application for license to operate a non-scheduled international service to transport traffic on a charter basis between the United…

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January 16, 2021 – Air Canada cuts jobs, drops capacity by 25%

January 16, 2021

TOP STORY Air Canada cuts jobs, drops capacity by 25%   CTA DECISIONS Application – Türk Hava Yollari Anonim Ortakligi (Turkish Airlines Inc.) c.o.b. as Turkish Airlines and Turkish Cargo (Turkish Airlines), on behalf of itself and ACT Havayollari A.S. (ACT Airlines Inc.) c.o.b. as ACT Airlines (ACT Airlines) – Determination No. A-2021-8 Turkish Airlines, on behalf of itself and ACT Airlinesto CTA for approval to permit Turkish Airlines to provide its scheduled international services, all-cargo aircraft, between Turkey and Canada using two aircraft with flight crew provided by ACT Airlines, until December 31, 2021 – application approved pursuant to…

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January 9, 2021 – WestJet cutting jobs and slashing flight capacity by 1/3

January 9, 2021

TOP STORY WestJet cutting jobs and slashing flight capacity by 1/3   COVID-19 UPDATES Federal Government publishes proposed regulations for the new federal Pay Equity Act   DECISIONS Certification, class action lawsuit – Bergen v. WestJet Airlines Ltd., 2021 BCSC 12 Plaintiff sought certification of a class proceeding against the defendants WestJet Airlines Ltd. and WestJet Encorse Ltd. relating to WestJet’s charging of baggage fees – plaintiff alleged WestJet charged fees for baggage carriage in a manner contrary to WestJet’s own tariffs from 2014 to 2019 – Court certified the class proceeding   CTA DECISIONS Application – Soin International, LLC…

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December 19, 2020 – Aviation will need 27,000 pilots in 2021 as shortage continues despite downturn

December 19, 2020

TOP STORY Aviation will need 27,000 pilots in 2021 as shortage continues despite downturn   CTA DECISIONS Cancellation – Air Georgian Limited – Determination No. A-2020-206 License Nos. 980105, 980106, 980179 Cancellation – Dax Air Enterprises Inc. – Determination No. A-2020-205 License Nos. 090005, 090006 Suspension – Western Airways, Inc – Order No. 2020-A-S-88 License No. 100061 Request for Extension – Application by multiple applicants against Air Canada, WestJet, Air Transat A.T. Inc., United Airlines Inc., Sunwing Airlines Inc. and Swoop Inc. – request for confidentiality – extension of time – Letter Decision No. LET-C-A-85-2020 Extension granted until February 12,…

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December 12, 2020 – NAV Canada lays off an additional 180 workers

December 12, 2020

TOP STORY NAV CANADA announces additional workforce change   CTA DECISIONS Suspension – Aero National, Inc – Order No. 2020-A-S-84License No. 080115 – license reinstated December 8, 2020 Suspension – Corporate Jet LLC c.o.b. Priority Jet – Order No. 2020-A-S-83License No. 030138 Application – Talon Helicopters Ltd. – Determination No. A-2020-198Application for license to operate a non-scheduled international service, small aircraft – license issued   TC/TSB NEWS Airworthiness directives Fatal collision with terrain highlights the risks of continued visual flight rules flights in adverse weather conditions Minister Garneau endorses the Safer Skies Commitment to aviation safety and security during Safer…

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December 5, 2020 – Airlines disappointed by the lack of a bailout plan in federal fiscal update

December 5, 2020

TOP STORY Airlines disappointed by the lack of a bailout plan in federal fiscal update   CIRB DECISIONS Declaration of sale of business – Vancouver Canada Aviation Partners Inc. – Order No. 11562-U Application for a declaration that a sale of business occurred from asset sale of Executive Air Craft Ltd to Vancouver Canada Aviation Partners – Board determined that a sale of business occurred within the meaning of section 44 of the Canada Labour Code – certificate now reads: “all employees of Vancouver Canada Aviation Partners Inc. at the Vancouver International Airport, Vancouver, British Columbia, employed as line crew,…

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November 28, 2020 – Canada’s airline industry still waiting for financial-support package from Ottawa

November 28, 2020

TOP STORY Canada’s airline industry still waiting to be bailed out by Ottawa   DECISIONS Class action certification – Donaldson v. Swoop Inc, 2020 FC 1089Plaintiff seeks certification and appointment as the representative Plaintiff in a proposed class action against the Defendants, WestJet Airlines Ltd, Swoop Inc, Sunwing Airlines Inc, Air Canada and Air Transat, for a refund of the original forms of payment for aircraft contracts allegedly frustrated by the pandemic – Plaintiff confirmed bookings for air travel with WestJet, and did not receive a refund of her prepaid form of payment, but was instead offered future credit against travel –…

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November 21, 2020 – Canada promises big fines for companies that breach new privacy law

November 21, 2020

TOP STORY Federal government proposes new privacy legislation to overhaul private-sector privacy regime   COVID UPDATES Federal government proposes ground-breaking private sector privacy legislation   CTA DECISIONS Suspension – Ace Belgium Freighters S.A. c.o.b. Ace Beligum Freighters – Order No. 2020-A-S-45 License No. 190060 Suspension – Ace Belgium Freighters S.A. – Order No. 2020-A-S-46 License No. 190059 Suspension – C.A.L. Cargo Air Lines Ltd. – Order No. 2020-A-S-47 License No. 120075 Suspension – Martinair, Incorporated – Order No. 2020-A-S-42 License No. 977035 Suspension – Saudi Arabian Airlines Corporation – Order No. 2020-A-S-43 License No. 130072 Suspension – Saudi Arabian Airlines…

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November 14, 2020 – Statement by Minister Garneau on measures to protect Canadians from the impacts of COVID-19 on the air travel sector

November 14, 2020

TOP STORY Garneau says discussions will begin on government help for major airlines and airports   CTA DECISIONS Suspension – Nicholas Services, LLC c.o.b. Nicholas Air – Order No. 2020-A-S-30 License No. 170008 Suspension – Grondin Transport Inc c.o.b. Grondair – Determination No. A-2020-184 License Nos. 962323 and 967103 Suspension – Silverhawk Aviation, Inc – Order No. 2020-A-S-29 License No. 120098 – license reinstated   TC/TSB NEWS Airworthiness directives Government of Canada announces agreement with Government of Yukon to support essential air services to remote communities Statement by Minister Garneau on inaugural National Drone Safety Awareness Day Statement of Minister…

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November 7, 2020 – New mandatory requirements for all air travellers entering Canada

November 7, 2020

TOP STORY New requirements for air travellers to Canada are mandatory   CIRB DECISIONS Declaration of Sale of Business – Bradley Air Services Limited c.o.b. Canadian North – Order No. 11555-UCIRB declares that a sale of business has occurred with the meaning of the Canada Labour Code, that Bradley Air Services Limited c.o.b. Canadian North is the successor employer and that CUPE continues to be the certified bargaining agent for a bargaining unit comprising “all cabin personnel employed by Bradley Air Services Limited carrying on business as Canadian North, excluding supervisors, and those above” Declaration of Sale of Business – Bradley Air Services…

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