Transcript ASPL614-Air-Business-Law Mar09

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
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
2
7/26/2016
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
3
7/26/2016
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
4
7/26/2016
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
5
7/26/2016
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
6
7/26/2016
Recent developments - Accessibility
•US Part 382 now applies to foreign carriers
•EU legislation
•On-going Canadian case law
1P1F
Oxygen decision
Service animals
7
7/26/2016
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
8
7/26/2016
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
9
7/26/2016
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 worldwide
•Countries have differing scales of regulations
•Increased passenger rights regulations world-wide
=> A new trend for regulation?
10
7/26/2016
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
11
7/26/2016
Questions?
Thank you!
12
7/26/2016