Civil Aviation Tribunal Rules (SOR/86-594)

Regulations are current to 2013-04-29

PROCEEDING

  •  (1) Witnesses at a proceeding shall be subject to examination and cross-examination orally on oath or solemn affirmation.

  • (2) The Tribunal may  order a witness at a proceeding to be excluded from the proceeding until called to give evidence.

  • (3) The Tribunal may, with the consent of each party, order that any fact be proved by affidavit.

  • (4) The Tribunal may inspect any property or thing for the purpose of evaluating the evidence.

ARGUMENT

 The Tribunal may direct a party to submit written argument in addition to oral argument.

APPEALS

  •  (1) An appeal to the Tribunal pursuant to section 7.2 or 8.1 of the Act shall be commenced by filing in writing with the Tribunal a request for appeal.

  • (2) A request for appeal shall include a concise statement of the grounds on which the appeal is based.

  • (3) A copy of a request for appeal shall be served by the Tribunal on each other party within ten days after filing the request.

  • SOR/93-346, s. 7.

 Where a request for appeal has been filed with the Tribunal, the Tribunal shall serve on the parties to the appeal

  • (a) a notice of the date, time and place of the hearing of the appeal; and

  • (b) a copy of the record referred to in subsection 37(8) of the Act, respecting the proceedings to which the appeal relates.

  • SOR/93-346, s. 8.

DETERMINATION

  •  (1) The Tribunal shall render its determination in writing at the conclusion of a proceeding or as soon as is practicable after a proceeding.

  • (2) For the purpose of calculating the period within which a party may appeal a determination, the determination is deemed to be made on the day on which it is served on the party.

  • (3) The Tribunal shall serve on each party a copy of a determination forthwith after the determination has been rendered.