Transportation Appeal Tribunal of Canada Act (S.C. 2001, c. 29)
Full Document:
Assented to 2001-12-18
Marginal note:R.S., c. 33 (1st Supp.), s. 1
35. Subsection 6.9(8) of the Act is replaced by the following:
Marginal note:Holder, etc., not compelled to testify
(7.1) In a review under this section, a holder, owner or operator referred to in subsection (1) is not required, and shall not be compelled, to give any evidence or testimony in the matter.
Marginal note:Determination of Tribunal member
(8) On a review under this section of a decision of the Minister to suspend or cancel a Canadian aviation document, the member of the Tribunal who conducts the review may determine the matter by confirming the Minister’s decision or substituting his or her own determination.
36. (1) Section 7 of the Act is amended by adding the following after subsection (2):
Marginal note:Effective date of Minister’s decision
(2.1) The Minister’s decision takes effect on the date of receipt of the notice under subsection (1) by the person on whom it is served or to whom it is sent, unless the notice indicates that the decision is to take effect on a later date.
Marginal note:R.S., c. 33 (1st Supp.), s. 1
(2) Subsections 7(7) and (8) of the Act are replaced by the following:
Marginal note:Determination of Tribunal member
(7) On a review under this section of a decision of the Minister to suspend a Canadian aviation document, the member of the Tribunal who conducts the review may determine the matter by confirming the Minister’s decision or substituting his or her own determination.
Marginal note:Request for reconsideration of immediate threat
(8) Where
(a) no appeal from a determination under subsection (7) confirming the Minister’s decision is taken under section 7.2 within the time limited for doing so under that section, or
(b) an appeal panel has, on an appeal under section 7.2, confirmed the Minister’s decision under this section,
the holder of the document or the owner or operator of any aircraft, airport or other facility in respect of which the document was issued may, in writing, request the Minister to reconsider whether the immediate threat to aviation safety referred to in subsection (1) that occasioned the suspension continues to exist or is likely to occur as described in that subsection.
Marginal note:1992, c. 4, s. 15(1)
37. (1) Subsection 7.1(1) of the Act is replaced by the following:
Marginal note:Suspension, etc., on other grounds
7.1 (1) If the Minister decides to suspend, cancel or refuse to renew a Canadian aviation document on the grounds that
(a) the holder of the document is incompetent,
(b) the holder or any aircraft, airport or other facility in respect of which the document was issued ceases to meet the qualifications necessary for the issuance of the document or to fulfil the conditions subject to which the document was issued, or
(c) the Minister is of the opinion that the public interest and, in particular, the aviation record of the holder of the document or of any principal of the holder, as defined in regulations made under paragraph 6.71(3)(a), warrant it,
the Minister shall, by personal service or by registered or certified mail sent to the holder or the owner or operator of the aircraft, airport or facility, as the case may be, at their latest known address, notify that person of the Minister’s decision.
Marginal note:1992, c. 4, s. 15(2)
(2) Subparagraph 7.1(2)(a)(i) of the Act is repealed.
(3) Section 7.1 of the Act is amended by adding the following after subsection (2):
Marginal note:Effective date of Minister’s decision
(2.1) The Minister’s decision to suspend or cancel a Canadian aviation document takes effect on the date of receipt of the notice under subsection (1) by the person on whom it is served or to whom it is sent, unless the notice indicates that the decision is to take effect on a later date.
Marginal note:R.S., c. 33 (1st Supp.), s. 1
(4) Subsections 7.1(7) to (9) of the Act are replaced by the following:
Marginal note:Determination of Tribunal member
(7) On a review under this section of a decision of the Minister to suspend, cancel or refuse to renew a Canadian aviation document, 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:Effect of decision pending reconsideration
(8) If a decision to suspend or cancel a Canadian aviation document is referred back to the Minister for reconsideration under subsection (7), the decision of the Minister remains in effect until the reconsideration is concluded. However, the member, after considering any representations made by the parties, may grant a stay of the decision until the reconsideration is concluded, if he or she is satisfied that granting a stay would not constitute a threat to aviation safety.
Marginal note:R.S., c. 33 (1st Supp.), s. 1
38. Section 7.2 of the Act is replaced by the following:
Marginal note:Right of appeal
7.2 (1) Within thirty days after the determination,
(a) a person affected by the determination may appeal a determination made under subsection 6.72(4) or 7.1(7) to the Tribunal; or
(b) a person affected by the determination or the Minister may appeal a determination made under subsection 6.9(8) or 7(7) 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 subsection 6.72(4) or 7.1(7), dismiss the appeal or refer the matter back to the Minister for reconsideration; or
(b) in the case of a determination made under subsection 6.9(8) or 7(7), dismiss the appeal, or allow the appeal and substitute its own decision.
Marginal note:Effect of decision pending reconsideration
(4) If a decision to suspend or cancel a Canadian aviation document is referred back to the Minister for reconsideration under paragraph (3)(a), the decision of the Minister remains in effect until the reconsideration is concluded. However, the appeal panel, after considering any representations made by the parties, may grant a stay of the decision until the reconsideration is concluded, if it is satisfied that granting a stay would not constitute a threat to aviation safety.
Marginal note:Default in payment
7.21 (1) The Minister may suspend, or refuse to issue, amend or renew, a Canadian aviation document if a certificate under section 7.92, paragraph 8(b) or subsection 8.1(4) has been issued to the Minister in respect of the applicant for, or the holder of, the document or in respect of the owner or operator of an aircraft, aerodrome, airport or other facility to which the document relates.
Marginal note:Notice
(2) The Minister shall, by personal service or by registered or certified mail sent to the applicant, holder, owner or operator, as the case may be, at their latest known address, notify that person of a decision made under subsection (1) and, in the case of a suspension, of the effective date of the suspension, which shall not be earlier than thirty days after the notice is served or sent.
Marginal note:R.S., c. 33 (1st Supp.), s. 1; 1992, c. 1, s. 5, c. 4, s. 20
39. Sections 7.7 to 7.9 of the Act are replaced by the following:
Marginal note:Notice of assessment of monetary penalty
7.7 (1) If the Minister believes on reasonable grounds that a person has contravened a designated provision, the Minister may decide to assess a monetary penalty in respect of the alleged contravention, in which case the Minister shall, by personal service or by registered or certified mail sent to the person at their latest known address, notify the person of his or her decision.
Marginal note:Contents of notice
(2) A notice under subsection (1) shall be in a form prescribed by regulation of the Governor in Council and shall, in addition to any other information that may be prescribed, indicate
(a) the designated provision that the Minister believes has been contravened;
(b) subject to any regulations made under paragraph 7.6(1)(b), the amount that is determined by the Minister, in accordance with any guidelines that the Minister may make for the purpose, to be the amount that must be paid to the Minister as the penalty in the event that the person does not wish to appear before a member of the Tribunal assigned to conduct a review to make representations in respect of the alleged contravention; and
(c) the address at which, and the date, being thirty days after the notice is served or sent, on or before which, the penalty must be paid or a request for a review must be filed.
Marginal note:Option
7.8 A person who has been served with or sent a notice under subsection 7.7(1) must either pay the amount of the penalty specified in the notice or file with the Tribunal a written request for a review of the facts of the alleged contravention or of the amount of the penalty.
Marginal note:Payment of specified amount precludes further proceedings
7.9 If a person who is served with or sent a notice under subsection 7.7(1) pays the amount specified in the notice in accordance with the requirements set out in the notice, the Minister shall accept the amount as and in complete satisfaction of the amount of the penalty for the contravention by that person of the designated provision and no further proceedings under this Part shall be taken against the person in respect of that contravention.
Marginal note:Request for review of determination
7.91 (1) A person who is served with or sent a notice under subsection 7.7(1) and who wishes to have the facts of the alleged contravention or the amount of the penalty 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 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:Burden of proof
(4) The burden of establishing that a person has contravened a designated provision is on the Minister.
Marginal note:Person not compelled to testify
(5) A person who is alleged to have contravened a designated provision is not required, and shall not be compelled, to give any evidence or testimony in the matter.
Marginal note:Certificate
7.92 If a person fails to pay the amount of the penalty specified in a notice under subsection 7.7(1) within the time specified in the notice and does not file a request for a review under subsection 7.91(1), the person is deemed to have committed the contravention alleged in the notice, and the Minister may obtain from the Tribunal a certificate in a form prescribed by the Governor in Council that indicates the amount of the penalty specified in the notice.
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