Transportation Appeal Tribunal of Canada Act (S.C. 2001, c. 29)
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Assented to 2001-12-18
CONSEQUENTIAL AMENDMENTS
R.S., c. A-2Aeronautics Act
Marginal note:R.S., c. 33 (1st Supp.), s. 1
40. The portion of section 8 of the English version of the Act before paragraph (a) is replaced by the following:
Marginal note:Determination by Tribunal member
8. If, at the conclusion of a review under section 7.91, the member of the Tribunal who conducts the review determines that
Marginal note:R.S., c. 33 (1st Supp.), s. 1; 1992, c. 4, s. 22
41. Section 8.1 of the Act is replaced by the following:
Marginal note:Right of appeal
8.1 (1) A person affected by the determination or the Minister may, within thirty days after the determination, appeal a determination made under section 8 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 dispose of the appeal by dismissing it or allowing it and, in allowing the appeal, the panel may substitute its decision for the determination appealed against.
Marginal note:Certificate
(4) Where the appeal panel finds on an appeal that a person has contravened the designated provision, the panel shall without delay inform the person of the finding and, subject to any regulations made under paragraph 7.6(1)(b), of the amount determined by the panel to be payable by the person in respect of the contravention and, where the amount is not paid to the Tribunal by or on behalf of the person within the time allowed by the Tribunal, the Tribunal shall issue to the Minister a certificate in a form prescribed by regulation of the Governor in Council, setting out the amount required to be paid by the person.
Marginal note:R.S., c. 33 (1st Supp.), s. 1
42. Subsection 8.2(1) of the Act is replaced by the following:
Marginal note:Registration of certificate
8.2 (1) If the time limit for the payment of an amount determined by the Minister in a notice under subsection 7.7(1) has expired, the time limit for the request for a review under subsection 7.91(1) has expired, the time limit for an appeal under subsection 8.1(1) has expired, or an appeal taken under section 8.1 has been disposed of, on production in any superior court, a certificate issued under section 7.92, paragraph 8(b) or subsection 8.1(4) shall be registered in the court. When it is registered, a certificate has the same force and effect, and proceedings may be taken in connection with it, as if it were a judgment in that court obtained by Her Majesty in right of Canada against the person named in the certificate for a debt of the amount set out in the certificate.
Marginal note:R.S., c. 33 (1st Supp.), s. 1
43. Subsection 8.3(3) of the Act is replaced by the following:
Marginal note:Application of certain provisions
(3) Subsections 7.1(3) to (8) and section 7.2 apply, with any modifications that the circumstances require, in respect of a decision of the Minister referred to in subsection (2).
Marginal note:R.S., c. 33 (1st Supp.), s. 5; 1992, c. 1, s. 4
44. Part IV of the Act is repealed.
Marginal note:Replacement of “full opportunity” with “opportunity”
45. (1) The Act is amended by replacing the words “full opportunity” with the word “opportunity” in the following provisions:
(a) subsection 6.9(7);
(b) subsection 7(6); and
(c) subsection 7.1(6).
Marginal note:Replacement of “audition” with “audience”
(2) The French version of the Act is amended by replacing the word “audition” with the word “audience” in the following provisions:
(a) subsections 6.9(6) and (7);
(b) subsections 7(5) and (6); and
(c) subsections 7.1(5) and (6).
R.S., c. S-9Canada Shipping Act
46. Section 2 of the Canada Shipping 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;
Marginal note:R.S., c. 6 (3rd Supp.), s. 11
47. Section 120 of the Act is replaced by the following:
Marginal note:Medical incapacity of certificate holder
120. (1) If the Minister believes on reasonable grounds that the holder of a certificate granted under this Part is incapacitated in respect of the performance of his or her duties as a certificated master or seaman by reason of not meeting the medical fitness standards prescribed under paragraph 110(1)(c), the Minister may suspend the certificate until the Minister is satisfied that the certificate holder is no longer incapacitated.
Marginal note:Provisions applicable to suspension
(2) Sections 504.1 to 505.2 apply in respect of a suspension under subsection (1) with any modifications that the circumstances require. However, subsections 505.1(4) and 505.2(3) apply as if the suspension were a suspension of a certificate under paragraph 504(a), (c) or (e).
48. Section 125 of the Act is amended by adding the following after subsection (4):
Marginal note:Provisions applicable to suspensions and cancellations
(5) Sections 504.1 to 505.2 apply in respect of a suspension or cancellation under subsection (4) with any modifications that the circumstances require. However, subsections 505.1(4) and 505.2(3) apply as if the suspension or cancellation were a suspension or cancellation of a certificate under paragraph 504(a), (c) or (e).
49. Section 128 of the Act is amended by adding the following after subsection (2):
Marginal note:Provisions applicable to suspensions and cancellations
(2.1) Sections 504.1 to 505.2 apply in respect of a suspension or cancellation under subsection (2) with any modifications that the circumstances require.
50. Section 133 of the Act is amended by adding the following after subsection (3):
Marginal note:Provisions applicable to suspensions
(4) Sections 504.1 to 505.2 apply in respect of a suspension under subsection (3) with any modifications that the circumstances require. However, subsections 505.1(4) and 505.2(3) apply as if the suspension were a suspension of a certificate under paragraph 504(b) or (d).
Marginal note:R.S., c. 6 (3rd Supp.), s. 87(F); 1999, c. 19, ss. 15, 16
51. The heading before section 504 and sections 504 and 505 of the Act are replaced by the following:
Tribunal Hearings Related to the Competency and Conduct of Officers
Marginal note:Suspension or cancellation of certificate
504. With respect to a certificate granted by the Minister, or a certificate granted in any other country in so far only as concerns its validity in Canada, the Minister may suspend or cancel the certificate of competency or service of a master, mate or engineer if the Minister is satisfied that
(a) the master, mate or engineer is incompetent or is guilty of any act of misconduct, drunkenness or tyranny;
(b) the master, mate or engineer on board a vessel that has contravened any of sections 5.3 to 5.5 of the Coastal Fisheries Protection Act knew, when the contravention occurred, that the vessel was committing the contravention;
(c) the loss or abandonment of, or serious damage to, any ship or any loss of life was caused by the wrongful act or default of the master, mate or engineer;
(d) the master, mate or engineer is guilty of a criminal offence; or
(e) the master or mate, in the case of collision between his or her vessel and another vessel, has failed without reasonable cause to comply with the requirements of section 568 with regard to rendering assistance or giving information.
Marginal note:Notice before suspension or cancellation
504.1 Before suspending or cancelling a certificate of competency or service, the Minister shall, by personal service or by registered or certified mail sent to the holder of the certificate at his or her latest known address, give the holder 30 days notice of the proposed suspension or cancellation. The notice shall be in a form prescribed by regulation of the Governor in Council and shall indicate
(a) the grounds for the proposed suspension or cancellation; and
(b) the address at which, and the date, being 30 days after the notice is given, on or before which, the holder may file a request for a review of the Minister’s decision.
Marginal note:Exception
504.2 (1) The Minister may suspend or cancel a certificate of competency or service without giving notice under section 504.1 if, on ex parte application by the Minister, the Tribunal determines that compliance with that section is not in the interest of public safety.
Marginal note:Decision within 24 hours
(2) An application by the Minister under subsection (1) shall be heard by a member of the Tribunal, sitting alone, whose determination shall be made within 24 hours after the application is filed with the Tribunal.
Marginal note:Appeal
(3) The Minister may appeal the determination to the Tribunal within 24 hours after the determination.
Marginal note:Decision within 48 hours
(4) The appeal panel of the Tribunal assigned to hear the appeal shall make a decision within 48 hours after the appeal is filed with the Tribunal.
Marginal note:Notice after suspension or cancellation
504.3 Unless a notice is given under section 504.1, immediately after suspending or cancelling a certificate, the Minister shall, by personal service or by registered or certified mail sent to the holder of the certificate at his or her latest known address, give the holder a notice in a form prescribed by regulation of the Governor in Council
(a) confirming the suspension or cancellation and providing all relevant information concerning the grounds on which the Minister suspended or cancelled the certificate; and
(b) indicating the address at which, and the date, being 30 days after the notice is given, on or before which, the holder may file a request for a review of the Minister’s decision.
Marginal note:Request for review
505. (1) The holder of a certificate may, on or before the date specified in a notice under section 504.1 or 504.3 or within any further time that the Tribunal on application allows, file a written request for a review of the decision referred to in the notice.
Marginal note:Effect of request
(2) The filing of a request for a review of a decision referred to in a notice under section 504.1 operates as a stay of the proposed suspension or cancellation until the matter is finally disposed of in accordance with section 505.1 or 505.2.
Marginal note:Time and place for review
505.1 (1) On receipt of a request filed under subsection 505(1), the Tribunal shall appoint a time and place for the review and shall notify the Minister and the holder of the certificate 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 holder of the certificate 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 paragraph 504(c) or (e), the holder of the certificate is not required, and must 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 suspension or cancellation of a certificate under paragraph 504(a), (c) or (e), confirm the Minister’s decision or refer the matter back to the Minister for reconsideration; or
(b) in the case of a suspension or cancellation of a certificate under paragraph 504(b) or (d), confirm the Minister’s decision or substitute his or her own determination.
Marginal note:Right of appeal
505.2 (1) The holder of a certificate may appeal a determination made under paragraph 505.1(4)(a), and the holder of a certificate or the Minister may appeal a determination made under paragraph 505.1(4)(b), to the Tribunal within 30 days after the determination.
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 505.1(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 505.1(4)(b), dismiss the appeal, or allow the appeal and substitute its own decision.
Marginal note:Endorsements
505.3 A reference to a certificate in sections 504 to 505.2 includes a reference to an endorsement of that certificate.
- Date modified: