Canadian Aerospace Seeks Tariff Exemptions in U.S. Trade War

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As Ottawa grapples with mixed messaging, ever-shifting demands, and bombastic political posturing in its trade war with the U.S., Canada’s aerospace industry is calling for stability and tariff exemptions to avoid disruptions that threaten its ability to thrive. 

Canadian Aerospace Seeks Tariff Exemptions in the U.S. Trade War

Decisions

  • Interim order, employee contact information – Association internationale des machinistes et des travailleurs et travailleuses de l’aérospatiale, district 11 c. AAA Canada inc., 2025 QCTAT 960 Union filed complaint under Labour Code that employer interfered with union activities by refusing to provide employees’ contact information – union recently certified and negotiating first collective agreement – Union requested interim order that employer provide employees’ email addresses and phone numbers – employees’ home addresses provided by employer – employer raised preliminary objection that Tribunal should refuse to rule on request for interim order as issue it raised was before arbitrator as part of mediation-arbitration process – employer also argued granting interim order equivalent to ruling on merits of complaint – Tribunal disagreed – exclusive jurisdiction of Tribunal over complaint made under Labour Code – different findings sought by complaint (finding of employer interference) and interim order (provision of employees’ contact information) – Tribunal found criteria of serious harm and balance of inconvenience necessitated interim order – Tribunal noted union’s duty to negotiate a first collective agreement in timely manner and increased difficulty to reach employees working at clients’ workplaces – lack of efficient means of communication with employees would result in serious prejudice to union – interim order would cause no harm to employer – email addresses sufficient as interim measure, phone numbers not necessary – Tribunal granted interim order that employer provide employees’ email addresses within 5 days and that union take necessary measures to protect confidentiality of personal email addresses
  • Compensation, delay – Davoodi v. WestJet Airlines Ltd2025 BCCRT 313 Applicant claimed $1,200 in compensation before Civil Resolution Tribunal (CRT) for more than 12-hour delay in arriving at destination – 2-year limitation period under Limitation Act applies to claims made to CRT – flight occurred more than 2 years prior to claim being filed – applicant argued claim filed once he received Canadian Transportation Agency (CTA) decision which applicant said was unsatisfactory – not reason to extend limitation period – limitation period runs while engaged in another legally binding process – claim barred by Limitation Act – furthermore, same claim already made to and decided by CTA – CTA decision was a final decision between same parties on same issue – test for issue estoppel met –no jurisdiction to hear claim – applicant’s claim dismissed
  • Workers’ compensation, defendants – Air Canada et Mailloux2025 QCTAT 908 Workers’ compensation board’s allocation of responsibility regarding worker’s hearing loss challenged by airline where worker previously worked – worker’s other former employers (including recent employer) added to proceeding as interested parties before the Administrative Labour Tribunal – four of them sought to be removed as interested parties in the proceeding on a preliminary basis – airline argued it would be premature to do so before hearing on the merits – Tribunal found in relation to one of the interested parties that the evidence available in the file did not allow the exclusion of any risk factor that could have contributed to the development of the worker’s hearing loss, and considered it premature to exclude that former employer as an interested party on a preliminary basis – all others were removed as interested parties

CTA Decisions

Application – Les Nolisements Aériens Johnny May (2024) Ltée / Johnny May’s Air Charters (2024) Ltd. – Determination No. A-2025-42 Application for licence to operate a domestic service, small aircraft – licence issued

Application – A.B. Flight Services, Inc. c.o.b. A.B. Charter; Facility Once LLC; ORION Airmotive Management – Determination No. A-2025-44 Application to continue suspension of Licence 000139 – suspension continued

Application – Butler Aviation, Inc. c.o.b. Apex Aero – Determination No. A-2025-45 Application for licence to operate a non-scheduled international service between Canada and the United States – licence issued, subject to conditions

Application – Sunwing Airlines Inc., on behalf of itself and WestJet – Determination No. A-2025-46 Application for approval to permit Sunwing to provide its scheduled international services, large aircraft, between Canada and certain countries using aircraft with flight crew provided by WestJet, beginning on April 1, 2025, to May 29, 2025 – approval granted, subject to conditions

Suspension – White Cloud Charter LLC – Order No. 2025-A-S-31 Licence 961027 

Suspension – Air Trek, Inc. – Order No. 2025-A-S-35 Licence 967376 

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