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ARTICLE · 02 JANUARY 2019

IDERAS: More Than Just A Smart Idea!

Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
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Blake, Cassels & Graydon LLP

Blake, Cassels & Graydon LLP

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In Canada, financiers and lessors (creditors) have a variety of remedies available to them in the event aircraft operators or lessees (debtors) default ...

CanadaTransport

In Canada, financiers and lessors (creditors) have a variety of remedies available to them in the event aircraft operators or lessees (debtors) default on their financing or lease obligations. Central to these remedies is the ability of the creditors to take possession, deregister and export the aircraft. Since Canada is a "contracting state" under the Cape Town Convention on Mobile Assets and its related Aircraft Protocol (the CTC) and has lodged the necessary declarations, one such remedy available to creditors in Canada is an irrevocable deregistration and export authorization (IDERA).

An IDERA is a standing direction voluntarily issued by the debtor in favour of the designated creditor lodged with Transport Canada Aviation (TCA). An IDERA requires TCA to honour a request for deregistration and export made by its holder if the debtor defaults on its obligations to the creditor. The purpose of an IDERA is to remove an aircraft from the debtor's possession as soon

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