Transportation Appeal Tribunal of Canada Act (S.C. 2001, c. 29)
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Assented to 2001-12-18
TRANSPORTATION APPEAL TRIBUNAL OF CANADA
Marginal note:Powers of Tribunal
16. The Tribunal, and each of its members, has all the powers of a commissioner under Part I of the Inquiries Act.
Marginal note:Reasons
17. A member who conducts a review shall provide a determination, and an appeal panel shall provide a decision, with reasons, in writing to all parties to a proceeding.
Marginal note:Rules of Tribunal
18. The Tribunal may, with the approval of the Governor in Council, make rules that are not inconsistent with this Act or any Act referred to in section 2 to govern the management of its affairs and the practice and procedure in connection with matters brought before it.
Marginal note:Costs
19. (1) The Tribunal may award any costs, and may require the reimbursement of any expenses incurred in connection with a hearing, that it considers reasonable if
(a) it is seized of the matter for reasons that are frivolous or vexatious;
(b) a party that files a request for a review or an appeal and does not appear at the hearing does not establish that there was sufficient reason to justify their absence; or
(c) a party that is granted an adjournment of the hearing requested the adjournment without adequate notice to the Tribunal.
Marginal note:Recovery
(2) Costs awarded to the Minister of Transport, and expenses of that Minister or the Tribunal that are subject to reimbursement, under subsection (1) are a debt due to Her Majesty in right of Canada.
Marginal note:Certificate
(3) Costs or expenses under subsection (1) that have not been paid may be certified by the Tribunal.
Marginal note:Registration of certificate
(4) On production to the Federal Court, a certificate shall be registered. When it is registered, a certificate has the same force and effect as if it were a judgment obtained in the Federal Court for a debt of the amount specified in it and all reasonable costs and charges attendant on its registration, recoverable in that Court or in any other court of competent jurisdiction.
Marginal note:Proceedings to be recorded
20. Proceedings before the Tribunal shall be recorded, and the record shall show all evidence taken and all determinations, decisions and findings made in respect of the proceedings.
Marginal note:Decision on appeal final
21. A decision of an appeal panel of the Tribunal is final and binding on the parties to the appeal.
Marginal note:Annual report
22. The Tribunal shall, not later than June 30 in each fiscal year, submit to Parliament, through the member of the Queen’s Privy Council for Canada who is designated by the Governor in Council as the Minister for the purposes of this section, a report of its activities during the preceding fiscal year, and that Minister shall cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives it.
TRANSITIONAL PROVISIONS
Marginal note:Definitions
23. The definitions in this section apply in sections 24 to 32.
“former Tribunal”
« ancien Tribunal »
“former Tribunal” means the Civil Aviation Tribunal established by subsection 29(1) of the Aeronautics Act as that Act read immediately before the coming into force of section 44.
“new Tribunal”
« nouveau Tribunal »
“new Tribunal” means the Transportation Appeal Tribunal of Canada established by subsection 2(1).
Marginal note:Powers, duties and functions
24. Wherever, in any Act of Parliament, in any instrument made under an Act of Parliament or in any contract, lease, licence or other document, a power, duty or function is vested in or is exercisable by the former Tribunal, the power, duty or function is vested in or is exercisable by the new Tribunal.
Marginal note:Appropriations
25. Any amount that is appropriated, for the fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the former Tribunal and that, on the day on which section 44 comes into force, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the new Tribunal.
Marginal note:Members of Tribunal
26. The Chairman, Vice-Chairman and other members of the former Tribunal immediately before the coming into force of section 44 shall, on the coming into force of that section, occupy the positions of Chairperson, Vice-Chairperson and members, respectively, with the new Tribunal until the expiry of the period of their appointment to the former Tribunal.
Marginal note:Employment continued
27. (1) Nothing in this Act shall be construed as affecting the status of an employee who, immediately before the coming into force of section 44, occupied a position with the former Tribunal, except that each of those persons shall, on the coming into force of that section, occupy their position with the new Tribunal.
Definition of “employee”
(2) For the purposes of this section, “employee” has the same meaning as in subsection 2(1) of the Public Service Employment Act.
Marginal note:References
28. Every reference to the former Tribunal in any deed, contract, agreement or other document executed by the former Tribunal in its own name shall, unless the context otherwise requires, be read as a reference to the new Tribunal.
Marginal note:Rights and obligations
29. All rights and property of the former Tribunal and of Her Majesty in right of Canada that are under the administration and control of the former Tribunal and all obligations of the former Tribunal are transferred to the new Tribunal.
Marginal note:Commencement of legal proceedings
30. Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the former Tribunal may be brought against the new Tribunal in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the former Tribunal.
Marginal note:Continuation of legal proceedings
31. Any action, suit or other legal proceeding to which the former Tribunal is a party that is pending in any court immediately before the day on which section 44 comes into force may be continued by or against the new Tribunal in the same manner and to the same extent as it could have been continued by or against the former Tribunal.
Marginal note:Continuation of proceedings
32. (1) Proceedings relating to any matter before the former Tribunal on the coming into force of section 44, including any matter that is in the course of being heard by the former Tribunal, shall be continued by the new Tribunal.
Marginal note:Application of provisions
(2) Unless the Governor in Council, by order, directs that proceedings continued under this section are to be dealt with in accordance with the provisions of this Act, the proceedings shall be dealt with and determined in accordance with the provisions of the Aeronautics Act as that Act read immediately before the coming into force of section 44.
Marginal note:Directions re proceedings
(3) The Governor in Council may, by order, direct that proceedings in respect of any class of matter referred to in subsection (1) in respect of which no decision or order is made on the coming into force of section 44 shall be discontinued or continued by the new Tribunal, as the case may be, on the terms and conditions specified in the order for the protection and preservation of the rights and interests of the parties.
CONSEQUENTIAL AMENDMENTS
R.S., c. A-2Aeronautics Act
Marginal note:R.S., c. 33 (1st Supp.), s. 1
33. The definition “Tribunal” in subsection 3(1) of the Aeronautics Act is replaced by the following:
“Tribunal”
« Tribunal »
“Tribunal” means the Transportation Appeal Tribunal of Canada established by subsection 2(1) of the Transportation Appeal Tribunal of Canada Act.
Marginal note:R.S., c. 33 (1st Supp.), s. 1; 1992, c. 4, s. 14
34. Sections 6.6 to 6.8 of the Act are replaced by the following:
Definition of “Canadian aviation document”
6.6 In sections 6.7 to 7.21, “Canadian aviation document” includes any privilege accorded by a Canadian aviation document.
Marginal note:Non-application of certain provisions
6.7 Sections 6.71 to 7.21 do not apply to a member of the Canadian Armed Forces acting in that capacity or to any other person in relation to a Canadian aviation document issued in respect of a military aircraft, military aerodrome or military facility.
Marginal note:Minister may refuse to issue or amend Canadian aviation document
6.71 (1) The Minister may refuse to issue or amend a Canadian aviation document on the grounds that
(a) the applicant is incompetent;
(b) the applicant or any aircraft, aerodrome, airport or other facility in respect of which the application is made does not meet the qualifications or fulfil the conditions necessary for the issuance or amendment of the document; or
(c) the Minister is of the opinion that the public interest and, in particular, the aviation record of the applicant or of any principal of the applicant, as defined in regulations made under paragraph (3)(a), warrant the refusal.
Marginal note:Notice
(2) The Minister shall, by personal service or by registered or certified mail sent to their latest known address, notify the applicant or the owner or operator of the aircraft, aerodrome, airport or other facility, as the case may be, of a decision made under subsection (1). The notice shall be in a form prescribed by regulation of the Governor in Council and, in addition to any other information that may be prescribed, shall indicate, as the case requires,
(a) the nature of the incompetence of the applicant;
(b) the qualifications or conditions referred to in paragraph (1)(b) that are not met or fulfilled, as the case may be;
(c) the reasons for the Minister’s opinion referred to in paragraph (1)(c); and
(d) except in the case of a document or class of documents prescribed under paragraph (3)(b), the address at which, and the date, being thirty days after the notice is served or sent, on or before which the applicant, owner or operator may file a request for a review of the Minister’s decision.
Marginal note:Regulations
(3) The Governor in Council may make regulations
(a) defining the word “principal”; and
(b) prescribing Canadian aviation documents, or classes of such documents, in respect of which a review of the Minister’s decision to refuse to issue or amend a document may not be requested.
Marginal note:Request for review
6.72 (1) Subject to any regulations made under paragraph 6.71(3)(b), an applicant, owner or operator who is served with or sent a notice under subsection 6.71(2) and who wishes to have the Minister’s decision reviewed shall, on or before the date specified in the notice or within any further time that the Tribunal on application may allow, file a written request for a review of the decision with the Tribunal at the address set out in the notice.
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.
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 of the Tribunal who conducts the review may determine the matter by confirming the Minister’s decision or by referring the matter back to the Minister for reconsideration.
Marginal note:Suspensions, etc., generally
6.8 In addition to any ground referred to in any of sections 6.71, 6.9 to 7.1 and 7.21, the Minister may suspend, cancel or refuse to issue, amend or renew a Canadian aviation document in the circumstances and on the grounds prescribed by regulation of the Governor in Council.
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