Marginal note:1999, c. 9, s. 25
68. Subsection 32(4) of the Act is replaced by the following:
Marginal note:Contents of notice
(4) An order contained in a notice under subsection (1), (3) or (3.1) takes effect on the date of receipt of the notice. The notice shall indicate the address at which, and the date, being thirty days after the notice is sent, on or before which, the recipient of the notice may file a request for a review of the order.
69. The Act is amended by adding the following after section 32:
Marginal note:Request for review
32.1 (1) A person, including a railway company, who is sent a notice under section 32 that contains an order may, on or before the date specified in the notice or within any further time that the Tribunal on application allows, file a written request for a review of the order.
Marginal note:Time and place for review
(2) On receipt of a request filed under subsection (1), the Tribunal shall appoint a time and place for the review and shall notify the Minister and the person who filed the request of the time and place in writing. In the case of a request for review of an order made under subsection 32(3), the Tribunal shall do so without delay.
Marginal note:Review procedure
(3) The member of the Tribunal assigned to conduct the review shall provide the Minister and the person who filed the request with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.
Marginal note:Person not compelled to testify
(4) In a review of an order made under subsection 32(3), a person who the Minister is of the opinion has contravened a regulation made under section 24 is not required, and shall not be compelled, to give any evidence or testimony in the matter.
(5) The member may confirm the order or refer the matter back to the Minister for reconsideration.
Marginal note:Right of appeal
32.2 (1) The person who requested the review under section 32.1 may, within thirty days after the determination, appeal a determination made under subsection 32.1(5) to the Tribunal.
Marginal note:Loss of right of appeal
(2) If the person does not appear at the review hearing, the person is not entitled to appeal a determination unless they establish that there was sufficient reason to justify their absence.
Marginal note:Disposition of appeal
(3) The appeal panel of the Tribunal assigned to hear the appeal may dismiss the appeal or refer the matter back to the Minister for reconsideration.
Marginal note:Stay of order
32.3 If a request for review is filed, an order made under subsection 32(1) or (3.1) shall be stayed until the matter is finally disposed of in accordance with section 32.1, 32.2 or 32.4. However, an order made under subsection 32(3) shall not be stayed pending a review under section 32.1, an appeal under section 32.2 or reconsideration by the Minister under subsection 32.1(5) or 32.2(3).
Marginal note:Reconsideration by Minister
32.4 If a matter is referred back to the Minister under subsection 32.1(5) or 32.2(3), the Minister may confirm the order, or may, by order, alter or revoke the order. For greater certainty, the Minister’s order may be made an order of the Federal Court or of any superior court under section 34.
Marginal note:When alteration or revocation effective
32.5 An alteration or revocation under section 32.4 has effect when the railway company or other person to whom notice of the order under section 32 was sent receives notice of the alteration or revocation.
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