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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May 23, 2020 – ACI and IATA outline roadmap for aviation industry restart

May 23, 2020

TOP STORY ACI and IATA outline roadmap for aviation industry restart   COVID-19 UPDATES EH Webinar: Return to Work Considerations   CTA DECISIONS Suspension – Cavok Air – Determination No. A-2020-100 License No. 160015 Suspension – Oklahoma Aviation LLC – Order No. 2020-A-86 License No. 150078 Application – Paragon Aviation Logistics, Inc. c-o-b Paragon Executive Charter and CSM Aviation – Order No. A-2020-101 License issued pursuant to subsection 73(2) of the Canada Transportation Act Suspension – Jordan Aviation – Order No. 2020-A-84 License No. 110066 Suspension – Waasheshkun Airways Ltd. – Order No. 2020-A-85 License No. 972125 Suspension – Lawrence Bay Airways Ltd. – Determination No. A-2020-98 License No. 972230 Application – Air China Limited – Determination No. A-2020-99 License issued…

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May 16, 2020 – Air Canada to lay off 20,000 employees starting June 7

May 16, 2020

TOP STORY Air Canada to lay off 20,000 workers amid travel industry collapse   COVID-19 UPDATES Annual Meetings of Federal Corporations During the COVID-19 Outbreak Federal Government clarifies interaction between CERB and SUB plans   CTA DECISIONS Canadian Status Determination – Air Canada’s Proposed Acquisition of Transat A.T. Inc – Letter Decision No. LET-A-33-2020 Canadian status determination on whether Air Canada’s proposed acquisition of Transat A.T. Inc would result in a Canadian air transportation undertaking per subsection 55(1) of the Canadian Transportation Act – CTA determined Air Canada had Canadian status – CTA determined Air Transat would have Canadian status after the proposed transaction is…

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May 9, 2020 – Darkest Period Ever for Canadian Aviation

May 9, 2020

TOP STORY ‘Darkest period ever’: Air Canada sees pandemic lasting at least three years   CIRB DECISIONS Declaration of Sale of Business – Bradley Air Services Limited c-o-b Canadian North – Order No. 11505-U Application for declaration that a sale of business has occurred under the Canada Labour Code between Canadian North Inc. and Bradley Air Services Limited and that Bradley Air Services Limited is the successor employer – application seeking to merge two separate bargaining units into a single “commercial operations” bargaining unit – Board declared that a sale of business has occurred and Bradley Air Services Limited is the successor employer – Board…

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May 2, 2020 – NACC requests support from Federal Government to address impact of COVID-19

May 2, 2020

TOP STORY Strong airlines for a strong Canada   COVID-19 UPDATES Applications Open for the Canada Emergency Wage Subsidy on April 27, 2020   CIRB DECISIONS Application for certification – Morningstar Air Express Inc. – Order No. 11496-U Unifor was bargaining agent for a unit of Morningstar Air Express Inc. – ALPA applied for certification as bargaining agent for the unit of employees – ALPA proposed a new bargaining unit description – Morningstar Air Express Inc. not oppose the application – After Board investigated application, considered submissions, took a representation vote and found applicant to be a trade union, granted the application –…

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April 25, 2020 – COVID-19 AOSH: Understanding the right to refuse

April 25, 2020

TOP STORY COVID-19 AOSH: Understanding the right to refuse   COVID-19 UPDATES Applications Open for the Canada Emergency Wage Subsidy on April 27, 2020 Federal Government Announces Expanded Eligibility Rules for the Canada Emergency Response Benefit Ontario Government Makes Emergency Order Regarding Work Redeployment Measures for Municipalities in Relation to Critical Municipal Services Ontario Government Extends State of Emergency to May 12th and Passes Coronavirus (COVID-19) Support and Protection Act   CTA DECISIONS Application – Xiamen Airlines Co., Ltd c-o-b as Xiamen Airlines – Determination No. A-2020-72 Pursuant to subsection 73(2) of the Canada Transportation Act Application – Med Flight Air Ambulance, Inc. – Determination No. A-2020-67 Pursuant…

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April 18, 2020 – Emond Harnden releases COVID-19 Guide for Aviation-Industry Employers

April 18, 2020

TOP STORY Emond Harnden releases COVID-19 Guide for Aviation-Industry Employers   COVID-19 UPDATES Emond Harnden writes letter to federal government: temporary layoffs – Read letter In our view, and given the unprecedented crisis facing the country’s workplaces and economy, the Federal Government ought to act to temporarily lengthen or suspend the three-month layoff window and the requirements to qualify for a temporary layoff of a longer period under the Canada Labour Code and its regulations.   DECISIONS Class action – Somwar v Fly Jamaica – 2020 ONSC 2140 Individual plaintiff was passenger aboard defendant airline’s flight – crash landing – claimed damages for serious injuries – certified…

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April 9, 2020 – Flair rehires employees

April 9, 2020

TOP STORY Flair Airlines rehires all laid-off employees and restores wages following federal subsidy   COVID-19 UPDATES Emond Harnden is committed to assisting employers with issues relating to the outbreak. We are available to provide advice on any and all COVID-19 related issues. To find out more, visit our COVID-19 Information Hub!   DECISIONS Adjournment of monthly review – Air Canada v CUPE, Air Canada Component – 2020 CanLII 26172 (CA LA) Monthly reviews are scheduled to mediate and arbitrate issues in dispute – March monthly review was adjourned on consent – Air Canada moves to adjourn April monthly review – Union opposes –…

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April 4, 2020 – Helijet steps up: free flights for healthcare workers during COVID-19 pandemic

April 4, 2020

TOP STORY Helijet steps up: free flights for healthcare workers during COVID-19 pandemic   COVID-19 UPDATES COVID-19 Emergency Response Act receives Royal Assent Federal government introduces increased Canada Emergency Wage subsidy Remote work considerations: an employer’s guide   DECISIONS Draft premium – CUPE Air Canada component v Air Canada – 2020 CanLII 25181 (CA LA) Collective agreement required employer to pay two premiums – lead flight attendant premium: 15% of base salary – draft premium: 50% of base salary when called to non-scheduled work – employer stacked premiums to calculate draft until January 2016 – began calculating lead and draft premiums separately –…

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March 28, 2020 – COVID-19 travel restrictions have a cataclysmic effect on the airline industry

March 28, 2020

TOP STORY COVID-19 travel restrictions have a cataclysmic effect on airline industry   CTA DECISIONS Determination – Canadian Transportation Agency relating to COVID-19 pandemic – Determination No. A-2020-47 Additional temporary exemptions to certain provisions of the Air Passenger Protection Regulations and extension of the temporary exemption period Stay of proceedings – CTA – Order No. 2020-A-37 Agency orders all dispute proceedings involving air carriers stayed until June 30, 2020 Stay of Decision – Air Canada – Letter Decision No. LET-AT-C-A-21-2020 Extending compliance with the second and third elements of the order made in Decision No. 12-AT-C-A-2019, pursuant to section 41 of the Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable…

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March 20, 2020 – Air Canada’s cabin crew decimated by layoffs

March 20, 2020

TOP STORY Air Canada’s capacity cuts lead to mass cabin crew layoff   DECISIONS Production order – Canada (Transportation Safety Board) v Carroll-Byrne – 2020 NSCA 21 Transportation Safety Board (TSB) ordered to disclose cockpit voice recorder data in class action proceeding – TSB not party to proceeding – TSB appealed; asked for stay of judgment pending appeal – data from recorder privileged by statute – releasing contents of recorder pending appeal renders appeal moot; irreparable harm ensues – statutory privilege is public interest; outweighs litigants’ interest in data – stay granted pending appeal   CTA DECISIONS Stay of proceedings – Immediate and temporary…

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