2018 ANNUAL REPORT
Management’s Discussion and Analysis of Results of Operations and Financial Condition | 85
Regulatory matters – Air Canada is
subject to extensive and evolving domestic
and foreign regulation in a wide range of
matters
The airline industry is subject to extensive legal,
regulatory and administrative controls and oversight,
including in relation to taxes, airport fees and operations,
route rights, security, passenger and consumer
rights, flight crew and other labour rules, advertising,
privacy, data security, licensing, competition, pensions,
environment (including noise levels and carbon
emissions), foreign exchange controls and, in some
measure, pricing.
Compliance with current or future Canadian and
international laws, regulations and administrative
requirements, including potentially inconsistent or
conflicting laws or regulations, or laws or regulations
which disproportionally apply to Canadian airlines or
Air Canada specifically (such as the Air Canada Public
Participation Act), may impose significant costs,
impediments and/or competitive disadvantages, and
there cannot be any assurance that current or future
laws, regulations and administrative requirements
will not adversely affect Air Canada, its business,
results from operations and financial condition.
The ability of Air Canada to operate flights or otherwise
offer air services on international routes between
airports in Canada and other countries may be subject
to change. Applicable arrangements between Canada
and foreign governments, which govern many areas
including traffic rights, may be amended from time to
time, rules and policies with respect to airport operations
may be revised, and the availability of appropriate slots
or facilities may change. Air Canada currently operates
a number of flights on international routes under
government arrangements, regulations or policies that
designate the number of carriers permitted to operate
on such routes, the capacity of the carriers providing
services on such routes, the airports at which carriers
may operate international flights, or the number of
carriers allowed access to particular airports. Any
further limitations, additions or modifications to such
arrangements, regulations or policies could have a
material adverse effect on Air Canada, its business,
results from operations and financial condition.
Additionally, if Canada were to adopt a more liberalized
approach in relation to air services arrangements with
foreign countries, such an approach could have a material
adverse impact on Air Canada, its business, results from
operations and financial condition and could result in the
impairment of material amounts of related tangible and
intangible assets.
Air Canada’s current and future plans to enter into
or expand revenue-sharing joint ventures and other
alliance arrangements on various international routes
are and may be subject to receipt of approvals from
applicable Canadian and international authorities,
to their not challenging them, and to satisfying the
necessary applicable regulatory requirements. There
can be no assurance that such conditions will be met
or will continue in effect or that existing, or changes in,
regulatory requirements or standards can be satisfied.
Many aspects of Air Canada’s operations may also be
subject to the proliferation of increasingly stringent
laws and regulations relating to environmental
reforms, such as in the area of climate change,
and including the following:
The International Civil Aviation Organization (“ICAO”)
global market-based measure (“GMBM”), adopted in
2016, includes emissions from international flights. The
GMBM is set to be implemented in phases, with the first
two phases (occurring from 2021 to 2023, and 2024 to
2026, respectively) to be voluntary and with the third
phase (from 2027 to 2035) to be mandatory. Canada
voluntarily adopted the first phase. On the basis of
the GMBM, the European Parliament and Council has
continued exempting flights between Europe and third
countries from the European Union (“EU”) emissions
trading system (“ETS”).
In 2016, the Canadian Federal Government proposed
a pan-Canadian benchmark for carbon pricing to be
implemented in all Canadian jurisdictions by 2018,
with pricing to be based on greenhouse gas emissions
from all fossil fuels sources including jet fuel and
other fuels used by Air Canada in ground operations
and stationary combustion equipment. Canadian
provinces may either apply an explicit price-based
system, such as a carbon tax or levy, or a cap and
trade system. Certain provinces, such as Alberta,
British Columbia and Québec have implemented a
carbon pricing system; others have had the federal
carbon pricing backstop system applied. Since 2017,
Air Canada and regional carriers operating flights on
behalf of Air Canada have been subject to a carbon
tax for flights operating in British Columbia and in
Alberta.
Air Canada cannot predict whether, or the manner
in which, these or other initiatives will ultimately be
implemented or their impact on Air Canada; however,
future developments in Canada and abroad could
adversely impact Air Canada, including by increasing
its costs. While Air Canada is continually focused on
efficiency improvements, including carbon footprint
reduction initiatives, the impact to Air Canada of
climate change and other environmental initiatives
may, in part, depend upon the extent to which
the increased costs relating such initiatives, if any,
could be recovered, including in the form of higher
passenger fares and cargo rates.
Air Canada is also subject to domestic and foreign
laws regarding privacy and security of passenger,
employee and other data, including advance
passenger information and access to airline
reservation systems, which are not consistent