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Transportation Appeal Tribunal of Canada Act (S.C. 2001, c. 29)

Assented to 2001-12-18

Transportation Appeal Tribunal of Canada Act

S.C. 2001, c. 29

Assented to 2001-12-18

An Act to establish the Transportation Appeal Tribunal of Canada and to make consequential amendments to other Acts

SUMMARY

This enactment establishes the Transportation Appeal Tribunal of Canada, which replaces the Civil Aviation Tribunal established under Part IV of the Aeronautics Act, and extends the new Tribunal’s jurisdiction to the marine and railway sectors.

The enactment provides for the appointment of members to the Tribunal, and sets out the general powers and authorities of the Tribunal to conduct its affairs. It also provides for an independent process of review by the Tribunal of administrative enforcement actions — including the suspension and cancellation of licences, certificates and other documents of entitlement, and the imposition of monetary penalties — taken under various federal transportation Acts. The Tribunal will also hear appeals from determinations made on review.

The enactment amends the Aeronautics Act, the Canada Shipping Act, the Canada Transportation Act, the Marine Transportation Security Act and the Railway Safety Act to establish the jurisdiction and decision-making authorities of the Tribunal under those Acts.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Marginal note:Short title

1. This Act may be cited as the Transportation Appeal Tribunal of Canada Act.

TRANSPORTATION APPEAL TRIBUNAL OF CANADA

Marginal note:Establishment

  • 2. (1) There is hereby established a tribunal to be known as the Transportation Appeal Tribunal of Canada (“the Tribunal”).

  • Marginal note:Jurisdiction generally

    (2) The Tribunal has jurisdiction in respect of reviews and appeals as expressly provided for under the Aeronautics Act, the Canada Shipping Act, the Marine Transportation Security Act, the Railway Safety Act and any other federal Act regarding transportation.

  • Marginal note:Jurisdiction in respect of Canada Transportation Act

    (3) The Tribunal also has jurisdiction in respect of reviews and appeals in connection with administrative monetary penalties provided for under sections 177 to 181 of the Canada Transportation Act.

Marginal note:Members

  • 3. (1) The Governor in Council shall appoint as members of the Tribunal persons who, in the opinion of the Governor in Council, collectively have expertise in the transportation sectors in respect of which the federal government has jurisdiction.

  • Marginal note:Full- or part-time members

    (2) Members may be appointed as full-time or part-time members.

Marginal note:Chairperson and Vice-Chairperson

4. The Governor in Council shall designate one member as Chairperson of the Tribunal and one member as Vice-Chairperson. The Chairperson and Vice-Chairperson must be full-time members.

Marginal note:Duties of Chairperson

  • 5. (1) The Chairperson is the chief executive officer of the Tribunal and has supervision over, and direction of, the work of the members and staff of the Tribunal, including

    • (a) the apportionment of work among members and the assignment of members to hear matters brought before the Tribunal and, when the Tribunal sits in panels, the assignment of members to panels and to preside over panels; and

    • (b) generally, the conduct of the work of the Tribunal and the management of its internal affairs.

  • Marginal note:Absence of Chairperson

    (2) In the event of the absence or incapacity of the Chairperson or if the office of Chairperson is vacant, the Vice-Chairperson shall act as Chairperson during the continuance of that absence or incapacity or until a new Chairperson is designated.