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Aviation - Airport Transfer (Miscellaneous Matters) Act (ATMMA). St. John's International Airport Authority v. Thibodeau
In St. John's International Airport Authority v. Thibodeau (Fed CA, 2024) the Federal Court of Appeal dismissed an Airport's appeal, this from a successful OLA [s.77] statutory remedy (damages) application.
Here the court sets out some activities under the Airport Transfer (Miscellaneous Matter) Act (ATMMA):[6] In 1992, the federal government wanted to transfer the operation of some of its airports to local bodies so that they could more easily compete with American airports and contribute to regional economic development. To this end, Parliament enacted the ATA to allow [translation] "“the transfer of the administration of airports”" to certain designated [translation] "“local businesses”". For the purposes of this case, it is useful to note that the ATA, in subsection 4(1) in particular, sets out obligations relating to official languages.
[7] In 1998, after the enactment of the ATA, St. John’s International Airport was transferred to SJIAA, one of these airport authorities. To date, 21 designated airport authorities are subject to the ATA. The designated airport authorities are private not-for-profit entities responsible for operating the 22 airports that have been transferred to them under the ATA. . Edmonton Regional Airports Authority v. Thibodeau
In Edmonton Regional Airports Authority v. Thibodeau (Fed CA, 2024) the Federal Court of Appeal dismissed an Authority defendant appeal, this from a successful Federal Court action, here regarding $5,000 "damages awarded by the Federal Court under subsection 77(4) of the OLA" as a "remedy for ERAA’s violations of the Official Languages Act".
Here the court considers the rarely-litigated Airport Transfer (Miscellaneous Matters) Act (ATMMA):[5] ERAA is a designated airport authority under the Airport Transfer (Miscellaneous Matters) Act, S.C. 1992, c. 5 (ATA) and operates the Edmonton Airport, among others. The ATA sets out certain terms and conditions governing the transfer of airports belonging to the federal government to not‑for-profit corporations. Under subsection 4(1) of the ATA, ERAA is subject to several parts of the OLA, including Part IV respecting the language of communications with and services to the public.
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