Airports & Aviation

Airports and air carriers are operating in a new reality: capacity constraints and aging assets; modernization programs and a digitizing passenger journey; rising climate vulnerabilities and ESG expectations; growing cyber risk; heightened passenger rights scrutiny; and increasingly complex competition and regulatory reviews. On the carrier side, market share is shifting, ultra low-cost entrants are expanding, labour and supply chains are tightening, and operating costs continue climbing. There are also exciting opportunities, such as diversifying non-aeronautical revenue and using technology to improve efficiency and enhance the passenger experience.

McCarthy Tétrault provides airport investors, developers and operators with full life cycle support, helping define and execute private and public governance structures and concessions and carrying programs from bid to build to operations. We align governance, finance and growth strategies, advise on airside operations (fueling and ground handling), baggage handling and de-icing, design fees-and-charges regimes and air carrier-incentive agreements, and develop Key Performance Indicators in operational agreements. We also structure commercial programs to streamline operations and generate new revenue opportunities. For air carriers, we advise on fleet acquisition and financing, alliance and code-share arrangements, and regulatory compliance. In addition, we represent strategic and private equity investors from Canada and abroad in Canadian air carriers, guiding transactions and partnerships that drive growth and innovation.

Schedule-focused counsel for Airports & Airlines

Clients choose McCarthy Tétrault for our unmatched sector expertise, multidisciplinary legal support, practical insight, and consistent results in airports and commercial aviation. We translate strategy into execution that keeps programs on schedule and accelerates your business with clarity and confidence.

Full life cycle support:  We advise airport investors, developers and operators at every stage, from bid to build through financing and long-term operations, so transitions are seamless, risk is managed, and results are consistent. Our continuity of service lets clients rely on us for strategic guidance and execution throughout the entire life cycle. We also support ongoing non-transactional mandates, providing coordinated counsel in relation to operational, financial, treasury, land development, and regulatory matters.

Integrated legal teams: We work as one firm, combining aviation sector-specific expertise with multidisciplinary legal support to deliver commercially sound, future-ready results. Our model provides seamless, coordinated solutions across assets, operations and regulation, identifying issues early so decisions hold across the life cycle.

Experience with complex, high-value transactions: We have been involved in some of the most complex and high-value airport transactions in North America, including the US$4.2B Terminal 6 redevelopment at JFK, the US$5.1B LaGuardia Central Terminal replacement, the C$400M long-term lease of Hamilton International Airport, and the US$300M Redevelopment of Bermuda’s L.F. Wade International Airport. We bring creative, commercially sound solutions to complex financings, M&A, and airport infrastructure projects.

Embedded industry knowledge: Our lawyers include former airport authority insiders and advisors with direct operational experience. This gives our clients practical, actionable advice grounded in the realities of the sector—something few competitors can match. With multijurisdictional experience across Canada, the United States, the Caribbean, and beyond, we help navigate governance and regulatory frameworks, align stakeholders, and anticipate regulator expectations.

Revenue diversification & commercial strategy: We structure and negotiate commercial agreements for non-aeronautical revenue streams, from land development to in-terminal concessions to support profitability and resilience.

Competition & antitrust for air carriers and suppliers: We represent passenger and cargo carriers and key suppliers—including airport landlords, ground handling providers, catering companies, and MROs—on merger control, strategic alliances, and competitor collaborations. We coordinate parallel reviews with Canada’s Competition Bureau and the Minister of Transport under the Competition Act and the Canada Transportation Act for joint ventures and similar commercial relationships. Our deep experience allows airlines to maximize opportunities for timely, efficient, and successful regulatory reviews.

Commercial aviation expertise: Our work includes major M&A, strategic alliances, and financing transactions for air carriers and aircraft manufacturers, including Korean Air and Delta’s 2025 joint acquisition of a stake in WestJet, WestJet’s transborder joint venture with Delta, and a US$1B aircraft inventory financing for Bombardier. These mandates advance growth while maintaining regulatory and financing discipline.

Full spectrum of legal solutions to meet the complex needs of an evolving airports and aviation sector

We understand the pressures reshaping airports and air carriers, and our Airports & Aviation team provides coordinated, lifecycle legal solutions that help you meet them while improving the passenger experience and unlocking growth.

Airports

• Governance: We advise private sector airport investors and developers, public-private project companies, and not-for-profit Canadian airport authorities, carrying programs through financing, construction, and operations, and aligning agreements with long-term commercial goals.
• Modernization programs: We advise across all phases of airport transformation, guiding complex redevelopment and financing so new capacity comes online smoothly, and the passenger journey improves.
• Revenue diversification & commercial strategy: We structure and negotiate commercial agreements for non-aeronautical revenue streams, including land development, parking concessions, and in-terminal food and beverage programs to build resilient income and enhance the passenger experience.
• Governance reform & privatization strategy: With deep experience across governance models in Canada, the U.S., and the Caribbean, we guide clients through privatization debates, stakeholder alignment, and regulatory navigation. Our strategic advisory helps unlock investment and improve operational efficiency.
• Climate resilience & ESG compliance: We develop sustainable infrastructure strategies, meet evolving climate regulations, and mitigate physical and reputational risks, including negotiating climate-related insurance provisions that align risk across stakeholders.
• Cybersecurity & digital transformation: We manage the legal risks of digitization, advising on data governance, cybersecurity, and privacy compliance so biometrics and smart infrastructure are legally sound and secure.

Aviation

• Cross-border regulatory planning: We plan a multijurisdictional strategy, obtain clearances in Canada, and coordinate foreign regulatory reviews.
• Employment & labour: We stabilize the employment framework with tailored policies, bargaining strategy plus dispute readiness so schedules and service levels hold.
• Aircraft acquisition & financing: We work with our Financial Services team to negotiate aircraft acquisitions and leases and to execute major financing transactions for air carriers, optimizing cost, flexibility, and timing.
• Competition & regulatory: We manage merger control and alliance approvals (including metal-neutral joint ventures), coordinate Minister of Transport public-interest reviews under either sections 53.1 or 53.7 of the Canada Transportation Act, and lead competition/antitrust compliance and investigations for passenger and cargo carriers and key suppliers (landlords, ground handling, catering, and MRO) to keep transactions and collaborations on acceptable terms and timelines.