Transportation Appeal Tribunal of Canada Act (S.C. 2001, c. 29)
Full Document:
Assented to 2001-12-18
1991, c. 30Public Sector Compensation Act
60. Schedule I to the Public Sector Compensation Act is amended by striking out the following under the heading “Other Portions of the Public Service”:
Civil Aviation Tribunal
Tribunal de l’aviation civile
61. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Other Portions of the Public Service”:
Transportation Appeal Tribunal of Canada
Tribunal d’appel des transports du Canada
R.S., c. P-35Public Service Staff Relations Act
Marginal note:SOR/88-105
62. Part I of Schedule I to the Public Service Staff Relations Act is amended by striking out the following:
Civil Aviation Tribunal
Tribunal de l’aviation civile
63. Part I of Schedule I to the Act is amended by adding the following in alphabetical order:
Transportation Appeal Tribunal of Canada
Tribunal d’appel des transports du Canada
R.S., c. 32 (4th Supp.)Railway Safety Act
64. (1) Subsection 4(1) of the Railway Safety Act is amended by adding the following in alphabetical order:
“Tribunal”
« Tribunal »
“Tribunal” means the Transportation Appeal Tribunal of Canada established by subsection 2(1) of the Transportation Appeal Tribunal of Canada Act;
(2) The portion of subsection 4(5) of the Act before paragraph (a) is replaced by the following:
Marginal note:Manner of filing or sending notices and documents
(5) With the exception of a notice or document sent to or by the Tribunal, for the purposes of this Act, a notice or document must be filed with, or sent to, a person
65. The Act is amended by adding the following after section 27:
Marginal note:Refusal to designate etc.
27.1 (1) The Minister may refuse to designate a person as a screening officer under section 27 or may suspend, cancel or refuse to renew the designation of a person as a screening officer if the Minister is of the opinion that the person is incompetent, does not meet the qualifications or fulfil the conditions required for the designation or ceases to meet the qualifications or fulfil the conditions of the designation.
Marginal note:Suspension or cancellation of designation for offences
(2) The Minister may suspend or cancel the designation of a person as a screening officer if the Minister is of the opinion that the person has committed an offence within the meaning of section 41.
Marginal note:Suspension of designation for immediate threat
(3) The Minister may suspend the designation of a person as a screening officer if the Minister is of the opinion that the exercise by the person of the functions of a screening officer constitutes, or is likely to constitute, an immediate threat to railway security.
Marginal note:Notice
27.2 (1) If the Minister decides to refuse to designate a person as a screening officer or decides to suspend, cancel or refuse to renew the designation of a person as a screening officer, the Minister shall notify the person of that decision.
Marginal note:Contents of notice
(2) A notice under subsection (1) shall include
(a) the grounds for the Minister’s decision; and
(b) the address at which, and the date, being thirty days after the notice is sent, on or before which, the person may file a request for a review of the decision.
Marginal note:Effective date of suspension or cancellation
(3) In the case of a suspension or cancellation, the effective date of the decision shall not be earlier than
(a) in the case of a decision made under subsection 27.1(1) or (3), the day that the notice was received by the person; and
(b) in the case of a decision made under subsection 27.1(2), the thirtieth day after the notice is sent.
Marginal note:Request for review
27.3 (1) A person affected by a decision of the Minister under section 27.1 may, on or before the date specified in the notice under subsection 27.2(1) or within any further time that the Tribunal on application allows, file a written request for a review of the decision.
Marginal note:Effect of request
(2) A request under subsection (1) for a review of a decision of the Minister does not operate as a stay of the decision.
Marginal note:Exception
(3) On application in writing by the person affected by a decision made under subsection 27.1(2), after giving any notice to the Minister that is, in the member’s opinion, necessary and after considering any representations made by the parties, a member of the Tribunal assigned for the purpose may grant a stay of the decision until the review is completed, unless he or she is of the opinion that granting a stay would constitute a threat to railway security.
Marginal note:Time and place for review
27.4 (1) On receipt of a request filed under subsection 27.3(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.
Marginal note:Review procedure
(2) 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
(3) In a review of a decision made under subsection 27.1(2), the person who filed the request for the review is not required, and shall not be compelled, to give any evidence or testimony in the matter.
Marginal note:Determination
(4) The member may
(a) in the case of a decision made under subsection 27.1(1) or (3), confirm the decision or refer the matter back to the Minister for reconsideration; or
(b) in the case of a decision made under subsection 27.1(2), confirm the decision or substitute his or her own determination.
Marginal note:Right of appeal
27.5 (1) Within thirty days after the determination,
(a) a person affected by the determination may appeal a determination made under paragraph 27.4(4)(a) to the Tribunal; or
(b) a person affected by the determination or the Minister may appeal a determination made under paragraph 27.4(4)(b) to the Tribunal.
Marginal note:Loss of right of appeal
(2) A party that does not appear at a review hearing 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
(a) in the case of a determination made under paragraph 27.4(4)(a), dismiss the appeal or refer the matter back to the Minister for reconsideration; or
(b) in the case of a determination made under paragraph 27.4(4)(b), dismiss the appeal, or allow the appeal and substitute its own decision.
Marginal note:Decision to remain in effect pending reconsideration
27.6 If a matter is referred back to the Minister for reconsideration under paragraph 27.4(4)(a) or 27.5(3)(a), the decision of the Minister under subsection 27.1(1) or (3) to suspend or cancel a designation remains in effect until the reconsideration is completed. However, the member who made the determination or the appeal panel, after considering any representations made by the parties, may grant a stay of a decision under subsection 27.1(1) to suspend or cancel a designation until the reconsideration is completed, if the member or panel is satisfied that granting a stay would not constitute a threat to railway security.
Marginal note:Reconsideration
27.7 (1) In the case of a decision made under subsection 27.1(3), if the appeal panel has, on an appeal under section 27.5, dismissed the appeal or if the Minister has, after reconsidering the matter pursuant to paragraph 27.4(4)(a) or 27.5(3)(a), confirmed the suspension, the person affected by the decision may, in writing, request the Minister to reconsider whether the exercise by the person of the functions of a screening officer continues to constitute, or is likely to continue to constitute, an immediate threat to railway security.
Marginal note:Procedure applicable
(2) On receipt of a request by a person under subsection (1), the Minister shall without delay conduct the reconsideration and inform the person of his or her decision regarding the request. Sections 27.2 to 27.6 apply in respect of that decision, with any modifications that are necessary.
Definition of “designation”
27.8 For the purposes of sections 27.1 to 27.7, “designation” includes any privilege accorded by a designation.
66. (1) Section 31 of the Act is amended by adding the following after subsection (4):
Marginal note:Contents of notice
(4.1) A notice under subsections (1) to (3) that contains an order 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 of the railway safety inspector.
(2) Subsection 31(9) of the Act is replaced by the following:
Marginal note:Reviewable order
(9) The alteration of an order under subsection (8) is an order that is reviewable under sections 31.1 to 31.5.
67. The Act is amended by adding the following after section 31:
Marginal note:Request for review of order of railway safety inspector
31.1 (1) A person, including a railway company, who is sent a notice under section 31 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 without delay 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.
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:Determination
(4) The member may confirm the order or refer the matter to the Minister for consideration.
Marginal note:Right of appeal
31.2 (1) The person who requested the review under section 31.1 may, within thirty days after the determination, appeal a determination made under subsection 31.1(4) 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 to the Minister for consideration.
Marginal note:No stay of order
31.3 An order of a railway safety inspector shall not be stayed pending a review under section 31.1, an appeal under section 31.2 or consideration by the Minister under subsection 31.1(4) or 31.2(3).
Marginal note:Consideration by Minister
31.4 If a matter is referred to the Minister under subsection 31.1(4) or 31.2(3), or if the Minister on his or her own initiative decides to review an order of a railway safety inspector, the Minister may confirm the order, or may, by order, alter or revoke the order of the railway safety inspector. 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
31.5 An alteration or revocation under section 31.4 has effect when the railway company or other person to whom notice of the order under section 31 was sent receives notice of the alteration or revocation.
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