Aviation law generally includes regulatory work and liability work which may be described as follows:
Aviation regulations are borne out of aviation law, which is the branch of the law which deals with air travel, its crew and members, and its passengers. The difference between air law and aviation law is that, while air law may pertain to the laws on civil aviation, aviation law is the more general term where air law is a specialization thereof.
In Canada, the law which governs aviation law, and which the best aviation regulation lawyers focus on, is primarily the Canadian Aviation Regulations (or CARs). It was released in 1996 which has repealed older regulations on aviation, such as the Air Regulations, Air Regulations Series, and the Air Navigation Orders. The Canadian Aviation Regulations generally regulates registration, airports, aircraft personnel licensing, standard of airworthiness of aircrafts, and operating and flight rules.
Due to the complexities of aviation law, we have our list of the best aviation regulation lawyers in Canada below. They are specialized in this field and can assist clients – who are either aircraft or air carrier owners, manufacturers, airports, and even passengers themselves. These aviation lawyers can be involved in any part of aviation law, such as commercial transactions, regulations and its procedures, taxation, or litigation as to any of the party’s liability.
The Canadian Aviation Regulations in 602.05 (1) states that “[e]very passenger on board an aircraft shall comply with instructions given by any crew member respecting the safety of the aircraft or of persons on board the aircraft.”
The said provision provides for the responsibility of aircraft passengers to “comply with instructions” of crew members who are persons “assigned to duty in an aircraft during flight time, or assigned to duty related to the operation of a remotely piloted aircraft system during flight time” (101.1 [1] of CARs). Impliedly, while flight crew members are tasked with numerous guidelines on the operations of the aircraft, 602.05 (1) mentions of the counterpart responsibility of passengers in ensuring the safety of all persons aboard the aircraft.
Canadian aviation lawyers have become increasingly involved in this particular law with the advent of different requirements for air travel.
Subpart 604 of the Canadian Aviation Regulations (CARs) pertains to Private Operators, as to their registration (604.04), their respective duties (604.08), and their accountability (604.09). It also provides for the regulations and the duty of aircrafts or air carriers such as:
In general, Subpart 604.03(1) states that before a Private Operator can “operate any of the following Canadian aircraft for the purpose of transporting passengers or goods”, only if it would be a “holder of a private operator registration document” which is issued by Minister of Transportation. The exceptions are stated in 604.03(2) which is “an air operator who operates the aircraft in accordance with the requirements of Part VII” where Part VII pertains to Commercial Air Services; or “a person who operates the aircraft under a flight permit issued under section 507.04”.
Anyone considering to be a new private operator in Canada is highly advised to contact one of the best aviation regulation lawyers in their area using the list below.
Canadian Aviation Regulations (CARs) provides under Subsection 606, specifically in 606.02, the Liability Insurance of every owner or operator of an aircraft or air carrier. The passenger liability insurance will cover the liability of an aircraft or air carrier when an even occurs resulting to the death or injury of any of its passengers. The total amount of the insurance is determined by multiplying $300,000 CAD by the number of passengers on board. However, the passenger liability insurance under the Canadian Aviation Regulations is not applicable to the aircraft’s or air carrier’s employees especially “if workers’ compensation legislation governing a claim for damages against the owner by the employee is applicable” (606.02[3][a], CARs); or for parachutists (606.02[3][b], CARs).
This liability insurance is extended to any injury or death of persons even of those who are not on board the aircraft, and even to the loss, damage, or destruction of surface property caused by the aircraft, either through its impact, or when a part or something from the aircraft is dropped to the surface. The computation of the liability insurance is based on the aircraft's Maximum Certified Take Off Weight (or MCTOW). It is provided as follows:
The Canadian Aviation Regulations (CARs) in 606.02(6) provides that any “exclusion or waiver provision that reduces the insurance coverage for any incident below the applicable minimum” as provided above is not permitted. The exceptions of this rule are if:
Transport Canada regulates air travel or aviation in Canada and is under the administration of the Minister of Transport. As to aviation, its main responsibility is the enforcement of the Aeronautics Act and the Canadian Aviation Regulations (CARs), however, the said department is likewise concerned of all matters as to the transportation sector. In its jurisdiction of enforcing said laws, Transport Canada checks numerous safety and security standards of aircrafts and airports. The duty of aviation regulation lawyers is making sure that companies adhere to these regulations before going to market.
With regards to licensing, the Canadian Transportation Agency is the government agency concerned with the air transportation licensing regime, which requires domestic air services operators to be owned and controlled by majorly by Canadians, and reviews financial fitness of applicants to operate an airline in Canada. This is an addition to the certificate issued by Transportation Canada. The agency also regulates airline tariffs, consumer protection including the resolution of complaints with regards to air travel. Aviation regulation lawyers have become increasingly involved in the resolution of complaints against Canadian airlines.
Do you have any concerns about air travel or any of the relevant Canadian aviation regulations? Look below for the best aviation lawyers in your area as ranked by Lexpert.
