Table Of ContentAlexis J.D. Fafard
Canadian
Air Law
for Pilots
Canadian Air Law for Pilots
Alexis J. D. Fafard
Canadian Air Law for Pilots
Alexis J. D. Fafard
Montreal, Quebec, Canada
ISBN 978-981-19-3598-5 ISBN 978-981-19-3599-2 (eBook)
https://doi.org/10.1007/978-981-19-3599-2
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Pour
George
Le règlement, pensait Rivière, est semblable
aux rites d’une religion qui semblent
absurdes mais façonnent les hommes.
— Antoine de Saint-Exupéry,
Vol de nuit (1931)
Introduction
Aviation is profoundly rooted within Canada’s identity. Early governmental incen-
tive policies promoting aeronautics uncontestably prove it. In the 1920s, the federal
government gave a de Havilland DH.60 Moth to anyone who bought one of those
aeroplanes, set up an airfield, obtained an approval for the training plan, and hired
an instructor.1 From these humble but pertinacious and relentless beginnings,
Canada had to await the nation’s efforts arising from World War II to capture its
aviation expertise. In 1939, firmly believing that “the power of airplane” will con-
stitute “the ultimate victory for the war effort,” Prime Minister William Lyon
McKenzie King, with the assistance of the Chief of the Defence Staff, the Royal Air
Force (the “RAF”), and Royal Canadian Air Force (the “RCAF”), established the
British Commonwealth Air Training Plan (the “Plan”) in concert with other mem-
bers of the Commonwealth due to the lack of available acres of free space in the
United Kingdom and its proximity to the enemy. Through the Plan and its immense
economic stimulus of C$2.2 billion — representing more than $C40 billion with
adjusted inflation in 20222 —, Canadians built more than 100 aerodromes. Some of
them became crucial international and regional airports and remain in operation
today. The Plan was a magnificent success:3 151 flight schools were established, and
131,553 airmen — from all over the world including 2000 French, 900
Czechoslovakians, 680 Norwegians, 450 Poles, and about the same number of
Belgians and Dutch — were trained in the toughest conditions possible. Among the
participants were pilots (49,808), wireless operators, air gunners, and navigators
serving in the air forces of the UK, Australia, New Zealand, and Canada.4 That said,
1 J. N. Williams, The Plan: Memories of the British Commonwealth Air Training Plan, (Stittsville:
Canada’s Wings, Inc., 1984), at 22.
2 Bank of Canada, Inflation Calculator, (2022), online: https://www.bankofcanada.ca/rates/related/
inflation-calculator/
3 R. Allen, Ordeal by Fire: Canada, 1910–1945, (Toronto: Doubleday Canada Limited,
1961), at 373.
4 Veteran Affairs Canada, The British Commonwealth Air Training Plan, (2017), online: https://
www.veterans.gc.ca/pdf/cr/pi-sheets/britcom.pdf
ix
x Introduction
the Plan would have never lifted off the ground without the contribution of Canada’s
southern neighbour — the United States — since the RAF and RCAF were short of
pilots and qualified instructors. Prime Minister King, therefore, asked the White
House for the mobilization of more than 9,000 US airmen to join the RCAF and
contribute to the Plan. President Roosevelt agreed with Prime Minister King’s
request and replied in a wartime correspondence that he wished that his country
contribute to the success of the Aerodrome of Democracy, but there were conditions.
For instance, Prime Minister King was to dispense Americans and other foreigners
to swear the Oath of Allegiance to the British monarchy while joining the RCAF.5
The US airmen were, however, required to take an ad hoc oath swearing to obey to
the RCAF rules and discipline. When the United States declared war on Japan, the
US airmen were given the choice to either stay in the RCAF, or join the United
States Air Force.
The Plan not only profoundly shaped Canada’s aviation infrastructure, but also
its aeronautical engineering and airmanship expertise. When the RAF began flight
instruction, it quickly realized that certain types of aeroplanes — such as the
Stearman Model 75 — in its fleet were not suitable for the harsh wintery conditions
mainly due to their open cockpits.6 To repel the cold, instructors and trainees cov-
ered their bodies with grease, and simply endured the glacial winds and limited their
flight time to 30 minutes. De Havilland Canada — headquartered at Downsview,
Ontario — developed a jettisonable sliding-canopy, an exhaust-based heating sys-
tems, a more powerful version of the Gypsy Major engine, as well as ski-type land-
ing gear on Canadian-built Tiger Moths (DH.82C) to protect instructors and trainees
from unpleasant winds and heavy snow on the ground. These technical advance-
ments allowed pilots to familiarize themselves with the essentials and gain experi-
ence flying through challenging conditions and elements — such as the effect of
heavy snow or icing on modifying flight or landing criteria, characteristics and aero-
dynamics of aeroplanes —, all of each is so typical regarding the Canadian airspace
and landscape. Canada’s aviation expertise was born. This savoir-faire still explains
why, to this day, Canadian pilots are recruited throughout international markets and
remain the best ones in the world.
Five years after the inception of the Plan, and believing in the meaningful bridge
that Canada — the Aerodrome of Democracy — forms between the Old World that
was profoundly bruised by the global conflict and the nations of the New World that
profusely gained prestige and prosperity during the war efforts, the delegations that
5 In fact, there were three Orders in Council issued by the Privacy Council (Cabinet) stating that the
Oath of Allegiance was not required for certain foreign recruits if the citizenship in their native
countries would be forfeited by doing so: (1) P.C. 2399 of June 7, 1940, with regard to the Royal
Canadian Air Force; (2) P.C. 3294 of July 20, 1940, with regard to the Active Militia; and (3) P.C. 3511
of July 30, 1940, with regard to the Naval Forces of Canada.
6 S. Dunmore, Wings for Victory: The Remarkable Story of the British Commonwealth Air Training
Plan in Canada, (Toronto: The Canadian Publishers, 1994), at 89–91.
Introduction xi
drafted the Chicago Convention7 elected in December 1944 Montreal as the host of
the headquarters of the International Civil Aviation Organization (the “ICAO”), the
civil aviation branch of the United Nations where the representatives of 193 nations
gather today to enact civil aviation regulations powered by the colossal UN bureau-
cracy to ensure safety in our skies. A few months later, a powerful international
trade association called the International Air Transport Association (the “IATA”) was
founded by dozens of airlines in Havana, Cuba to organize international air routes
and support airline safety, security, efficiency and sustainability. The IATA’s head-
quarters were also established in Montreal. When World War II ended, experienced
pilots, aircraft engineers, and other RCAF officers settled in Canada to start several
small aviation businesses and airline operations, especially in the great Canadian
North, and notably there to serve isolated communities. Concurrently, wealthy
financiers, corporations, financial institutions, as well as governments invested sub-
stantial sums of money through capital markets, or by way of subventions, loans,
and grants to aircraft manufacturers such as De Havilland Canada, MacDonald
Brothers Aircraft Company, Canadair and Bombardier Aircraft to design and manu-
facture cutting-edge aircraft types such as the mythical de Havilland DHC-2 Beaver,
and efficient Bombardier (now Mitsubishi) Canadian regional jet (CRJ) that still fly
in our skies.
This Canadian aerospace cluster — mainly located in the province of
Quebec — significantly evolved since the Plan. When the war ended, Dorval
Airport — today’s Montreal/Trudeau International Airport (CYUL) — became Air
Canada’s first major base and saw its importance growing in 1949 with the estab-
lishment of one of the oldest transatlantic routes: the Montreal-Amsterdam flight
operated by KLM. Montreal was also the founding place of today’s largest Flight
Simulator manufacturer: Canadian Aviation Electronics (also called “CAE”).
Founded in 1947 by Laurent Thériault and Kenneth Patrick, this Montreal-based
aviation company became a global leader in the flight training industry. Montreal
was also the birthplace of the legendary PT6 engine8 developed and manufactured
by Pratt & Whitney Canada. Moreover, Montreal is the seat of Bombardier, a global
transportation powerhouse with humble beginnings in Valcourt, a small town in the
Eastern Townships, Quebec. An innovative and entrepreneurial personality, Joseph-
Armand Bombardier was an immense source of pride and inspiration for French
Canadians. From manufacturing the rugged B7 and iconic Ski Doo snowmobiles to
the sophisticated R179 trains serving the New York City Subway and cutting-edge
civil aeroplanes flying across the globe that propelled Bombardier in the interna-
tional aircraft market, the company experienced a significant growth and diversifi-
cation under the direction of Mr. Bombardier’s son-in-law, Laurent Beaudoin,
7 Convention on International Civil Aviation, 7 December 1944, 15 UNTS 295, Can TS 1944 No
36, ICAO Doc 7300/9 [Chicago Convention].
8 The PT6 engine and its variants are ultrareliable turboprop and turboshaft engines powering vari-
ous types of aircraft including but not limited to the Air Tractor AT-400, 600 and 800 series,
Beechcraft King Air Series, Cessna 208 Caravan, De Havilland Canada DHC-6 Twin Otter, Pilatus
PC-12 Series, Bell 412, and Airbus Helicopters H175.
xii Introduction
whose legacy will forever be remembered by Quebecers as a leader in transport and
aerospace sectors who created thousands of well-paid jobs for them while promot-
ing Canada’s international reputation.9 Bombardier recently conducted a thorough
restructuring plan and decided to sell its rail subdivision as well as several commer-
cial aircraft programs — Dash 8, DH-6 Twin Otter, and CRJ — to mainly focus on
the business jet lines such as the Challenger and Global programs. After Seattle,
USA (Boeing), and Toulouse, France (Airbus), Montreal is the third-largest aero-
space hub. Canada has the fifth-largest aerospace market in the world, generating
$24 billion in annual revenues, and ensuring 213,000 direct and indirect jobs.10
Canada manufactures iconic, technologically advanced, and ultra performant air-
craft such as the Airbus A220 — former Bombardier CSeries —, Mitsubishi CRJ,
Bombardier Challenger, and Global Express Business jets, De Havilland Canada
Dash/Q-Series and Twin Otter, and Bell Textron’s 407, 412, 429, and 555 helicop-
ters. Thanks to the ongoing support and efforts deployed by several Canadian tripar-
tite groups such as Aéro Montreal — despite the ruinous, unprecedented, and
consequential blow of the Covid-19 pandemic upon regional, national, and global
aerospace sectors —, Canada’s hub remains strong and will continue to innovate
and shape future global markets. Embodied in the green recovery plan to finish the
fight against the Covid-19 pandemic, as well as to promote green aviation, the fed-
eral and Quebec governments recently pledged to support a C$2 billion investment
in the aerospace sector, including key players such as Pratt & Whitney Canada, Bell
Textron Canada, and CAE. Grants and loans to be provided include $C70 million to
Pratt & Whitney Canada to finance a C$163 million-project to build hybrid-electric
aircraft engines to integrate this technology into regional airliners (De Havilland
Canada Q-Series); C$275 million for Bell Textron Canada for the Viridis hybrid-
electric helicopter technology; and C$340 million for CAE to acquire electric train-
ing aircraft and implement a global research and development program embracing
digital technology, electric aviation, and health care over the next five years.11
This industry has formed an army of aeronautical technicians and engineers as
well as thousands of internationally renowned professionals involved in manage-
ment, sales, finance, and tax, but also in the legal sector. Over recent decades, a
cohort of Canadian lawyers has developed an important niche activity and expertise
in the fields of aviation-related matters such as rules and legislation drafting,
aviation- related litigation and compliance, aviation liability insurance, aircraft
financing, and leasing, among others. Eventually, jurists adopted a general consen-
sus to define air law under its purest form as “a body of rules governing the use of
airspace and its benefits for aviation, the travelling public, undertakings and the
9 L. Macdonald, The Bombardier Story: From Snowmobiles to Global Transportation Powerhouse,
2nd ed, (Mississauga: John Wiley & Sons Canada, Ltd., 2013), at 276–277.
10 International Trade Administration, Canada – Country Commercial Guide: Aerospace and
Defense, (2020), online: https://www.trade.gov/knowledge-product/canada-civil-aviation
11 Prime Minister of Canada, Governments of Quebec and Canada Driving Recovery for Quebec’s
Aerospace Sector, (2021), online: https://pm.gc.ca/en/news/news-releases/2021/07/15/
governments-quebec-and-canada-driving-recovery-quebecs-aerospace
