aerospace and defence  


The aerospace and defence sector is highly complex, heavily scrutinized and intensely competitive. Not surprisingly, it is also subject to exacting standards and high security.

Players in this industry face complex legal challenges in an environment that is constantly changing. They must comply with numerous and complicated laws and regulations, and overlapping jurisdictions. Risk avoidance is a constant concern and mis-steps can place companies and their executives squarely under the spotlight.

McMillan's Applied Technology Industry Group's lawyers have years of experience navigating the complexities of the sector and a significant number have also served as executives in aerospace and defense companies.

We work with a wide range of organizations including domestic and foreign defence contractors, public safety organisations, aerospace companies, their suppliers and manufacturers, financiers and investors. Our lawyers provide the kind of timely, practical advice that comes from a combination of deep industry expertise and extensive technical knowledge.

McMillan professionals help clients lead by:

  • Assisting them as they navigate Canadian laws and government procurement processes
  • Advising them on how to effectively flow down obligations through their supply chain, and limit their liability in the context of government procurement obligations
  • Assisting with negotiating and meeting Industrial and Regional Benefits (IRB) requirements and acting for Canadian companies who are able to assist foreign suppliers with satisfying offset requirements
  • Assisting in the development and implementation of global regulatory compliance and security (personnel and facility clearance) program
  • Providing guidance on export compliance policies and procedures, product and technology classifications, responses to cure notices, requests for audit or inspection, and plans for remediation
  • Conducting specialized due diligence, and managing acquisition and dispositions of companies and assets
  • Drafting commercial agreements such as Channel Partner Agreements, Non-Disclosure Agreements, Proprietary Information Exchange Agreements, Technical Assistance Agreements, Manufacturing Licence Agreements, and End-Use Certifications
  • Training personnel and advising on international anti-corruption measures
  • Litigating and assisting with international commercial arbitrations and other forms of alternative dispute resolution involving prime and subcontractor disputes
  • Assists clients to design and develop, implement, manage and enforce global regulatory compliance and security programs
  • Assists clients balance ITAR compliance and human rights laws in Canada
  • Provides guidance to export compliance personnel on required policies and procedures as well as serve as subject matter experts to senior management and project teams
  • Advises the Designated Officer under the Controlled Goods Regulations on a variety of matters, such as the development and implementation of a Security Plan and recordkeeping
  • Acts as a liaison with government officials at DFAIT and the CGD
  • Reviews, identifies, documents and audits product and technology expert classifications
  • Drafts advisory opinion requests
  • Assists with training programs