Defence and Aerospace

Defence, Aerospace and Security companies operate in a complex commercial, regulatory and technical environment. Succeeding in this intensely competitive environment requires a highly sophisticated understanding of compliance requirements. Our knowledge of the industry and of the legal environment in which it operates allows us to provide our clients with practical and cost-effective solutions to the difficult challenges they face. Several of our lawyers have previous experience in these industries, including as in-house counsels and officers in the Canadian forces. This means that we not only respond to our clients’ needs in this sector, we anticipate them.

Services Overview

Heenan Blaikie provides a full range of legal services tailored to the aerospace, defence and security industries:

• Public procurement and competitive contracting– assisting bidders in responding to RFPs; representing bidders before the Canadian International Trade Tribunal and the courts to challenge irregularities in procurement processes; helping businesses and governments structure RFPs; advising foreign companies with respect to the Canadian procurement market
• Commercial law – drafting, negotiating and implementing various commercial agreements with clients, suppliers and partners in Canada and worldwide, including supply, teaming, joint venture, licensing, non-disclosure, distribution and representation agreements
• Litigation and dispute resolution – commercial disputes, contractor and subcontractor disputes, bid protests, audits and investigations, intellectual property disputes, breach of contract claims, product liability litigation, arbitration and mediation
• Export compliance –advising on the development of export compliance programs; conducting investigations on potential export violations; preparing voluntary disclosures; representing clients on issues regarding collaborative defence programs involving partners such as the United States and the United Kingdom; providing advice on compliance with Canadian export controls, economic sanctions and controlled goods legislation and foreign measures, such as the U.S. International Traffic in Arms Regulations (ITAR)
• CFPOA/FCPA compliance and ethics – implementing effective corporate social responsibility policies and complying with legislation such as Canada’s Corruption of Foreign Public Officials Act and the U.S. Foreign Corrupt Practices Act; providing anti-corruption and enforcement advice; assisting clients in developing compliance programs; assisting in connection with transactional due diligence ∕ FCPA risks
• Security issues – helping clients develop and implement security plans and programs; providing advice regarding security audit preparedness, record keeping requirements, security clearances, developing customized personnel training programs, encryption controls, physical and cyber-security, cargo security and trans-border movement of goods and persons; ensuring business continuity; advising on emergency preparedness and crisis management
• Regulatory – providing advice on a vast array of laws and regulations, including 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 Investment Canada Act, the Department of Public Works and Government Services Act, the Financial Administration Act and Government Contracts Regulations, the Aeronautics Act, the National Defence Act, the Act Governing the Operation of Remote Sensing Space Systems, the Personal Information Protection and Electronic Documents Act, the Access to Information Act, the Privacy Act, the Lobbying Act and the Federal Accountability Act
• Government relations and lobbying – assisting clients to develop and implement effective government relations campaigns; acting as liaison with senior officers at National Defence, Public Works and Government Services and other relevant departments and agencies in accordance with applicable lobbying legislation; advising on the rules related to dealing with Canadian public officials; developing and implementing policies on gifts to and entertainment of public officials and Lobbying Act compliance programs
• Labour and employment – assisting clients in all aspects of their workplace issues, including compliance with U.S. extra-territorial and dual national export and re-export controls such as ITARs and EARs and compliance under Canadian human rights legislation