aerospace and defence

Canada has announced tens of billions of dollars of new aerospace and defence industry spending and this creates Canadian and foreign aerospace and defence business opportunities.  McMillan LLP's Aerospace & Defence Industry Group of lawyers is experienced in Canadian legal issues (and aware of foreign legal issues)  and able to act quickly to respond to client's needs.  We understand the needs of aerospace & defence industry clients because our lawyers have years of experience and some have worked as chief legal officer and/or chief compliance officer in major Canadian companies operating multi-nationally in over 120 countries and in publicly traded Canadian companies in this arena.  We can approach the challenging issues faced by our clients in the aerospace & defence industry from both a technical and practical perspective, as the situation requires.

McMillan LLP is registered with the Controlled Goods Directorate of Canada's Public Works and Government Services Canada ("CGD") and has an approved security plan in place to protect clients' controlled goods and technical data.  We are permitted to receive controlled goods. We have been approved by the U.S. Department of State under Technical Assistance Agreements (TAAs) to receive controlled goods under U.S. law in ongoing files.  Communications with us should be protected by solicitor-client privilege, unless the client has taken steps to diminish the privilege.  Our lawyers hold leadership positions in this field and are viewed as "go to counsel" in Canada.

The aerospace & defence industry businesses face complex legal challenges in a rapidly changing, fluid and reactive global environment.  The environment is highly competitive, highly scrutinized and extraterritorial in nature. Compliance with strict liability laws and regulations is a central element of doing business in this environment.  Overlapping and sometimes conflicting jurisdictions heighten risk and require careful balancing of interests.  Errors can put a company and its officials under spotlight of government and the media, domestically and abroad.  Businesses that operate in the aerospace & defence field need a law firm that has experience and judgment. McMillan LLP has developed a deep understanding of the unique legal challenges faced by the aerospace & defence industry and is in a position to respond quickly to legal issues.

We work extensively with the provisions of the Corruption of Foreign Public Officials Act, the Export and Import Permits Act, the Defence Production Act, the Controlled Goods Regulations, the Special Economic Measures Act, the United Nations Act, the Investment Canada Act, Department of Public Works and Government Services Act, Aeronautics Act, National Defence Act, Explosives Act, Remote Sensing Space Systems Act, Ammunition Act, Personal Information Protection and Electronic Documents Act, Privacy Act, and Federal Accountability Act, etc.  We can help interpret Defence Administrative Orders and Directives (DAODs), PWGSC Supply Manual and Standard Acquisition Clauses and Conditions (SACC), Industry Canada's Industrial and Regional Benefits Policy and Policy Guidelines, Treasury Board Contracting Policy, and other defence and aerospace procurement policies, guidelines and directives.

McMillan's Aerospace & Defence Industry Group's expertise includes:

• Assisting Canadian companies and foreign entities (including Canadian subsidiaries) navigate Canadian laws and Canadian procurement markets;
• Assisting clients to design and develop, implement and enforce global regulatory compliance and security programs;
• Assisting clients balance U.S. ITAR compliance and Canadian human rights laws;
• Providing guidance to export compliance personnel on required policies and procedures as well as serve as subject matter experts to senior management and project teams;
• Conducting specialized due diligence for clients and other law firms;
• Advising the Designated Officer under Canada's Controlled Goods Program on a variety of matters, such as the development of a Security Plan and record-keeping;
• Acting as a liaison with government officials at the Department of Foreign Affairs and International Trade, Export and Import Controls Bureau, the CGD, the Canada Border Services Agency, Industry Canada, Treasury Board, Public Works and Government Services Canada, etc;
• Assisting clients ensure that their government relations professional understands legal requirements and strategies;
• Assisting clients prepare responses to cure notices, requests for audit or inspection, requests for information, and plans for remediation;
• Reviewing, identifying, and documenting product and technology classifications and documenting self-assessments for future audits;
• Drafting Non-Disclosure Agreements (NDAs), Proprietary Information Exchange Agreements (PIEAs), Technical Assistance Agreements (TAAs), Manufacturing Licence Agreements (MLAs), and End-Use Certifications;
• Assisting with the conduct of both proactive (test, inspection, software design and development, systems engineering, quality assurance, project management) and reactive (reporting violations) and highly sensitive internal audits;
• Advising and assisting clients on matters relating to personnel and facility clearances;
• Advising clients and their personnel who are detained or jailed in foreign jurisdictions because their name is identical with or similar to persons on denied persons lists;
• Advising with respect to encryption;
• Drafting advisory opinion requests;
• Advising and providing training with respect to international anti-corruption;
• Advising and assisting with respect to a variety of matters in government procurement processes in Canada, including, but not limited to, review of and response to RFP, post award contract negotiations and drafting, source selection, a variety of performance and compliance issues, preparation of equitable adjustments;
• Assisting with identifying and completing international broker registration requirements and compliance therewith;
• Assisting with drafting disaster recovery and document retention plans to satisfy obligations of the industry;
• Advising clients who must respond to enforcement actions taken by the Canadian government;
• Litigating government procurement bid challenges before the Canadian International Trade Tribunal;
• Litigating prime and subcontractor disputes;
• Litigating and assisting International commercial arbitrations and other forms of alternative dispute resolution involving controlled goods;
• Assisting with negotiating and meeting Industrial and Regional Benefits (IRB) requirements and acting for Canadian companies who are able to assist foreign suppliers satisfy IRB requirements; and
• Advising insurance companies and aerospace and defence industry players with respect to Canadian insurance law.

When a Canadian aerospace & defence contractor or a subsidiary of a foreign aerospace & defence company dealing with controlled goods and/or with access to classified information engages in normal business transactions (such as financings, mergers & acquisitions, etc.), special rules apply.  We understand the sensitivities and ensure that our clients do not commit violations by disclosing information in circumstances where approvals are required prior to the disclosures.  We have assisted with disclosures in the following situations:

• Financings;
• Mergers & acquisitions;
• Bankruptcies and insolvencies;
• Labour and employment
• Intellectual property rights registrations;
• Privacy; and
• Reportings, notifications and clearances under the Investment Canada Act.