Transportation Appeal Tribunal of Canada Act (S.C. 2001, c. 29)
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Assented to 2001-12-18
1996, c. 10Canada Transportation Act
52. (1) The portion of subsection 180(2) of the Canada Transportation Act before paragraph (a) is replaced by the following:
Marginal note:Application of Aeronautics Act
(2) Sections 7.8 to 8.2 of the Aeronautics Act apply to the contravention of a provision, requirement or condition designated under section 177, with any modifications that are necessary, and a reference in any of those provisions or in any document issued under any of those provisions to
(2) Paragraph 180(2)(c) of the Act is replaced by the following:
(c) “Minister” shall be read as a reference to the Agency or, in any provision other than section 7.9 of the Aeronautics Act, to a person designated by the Agency;
R.S., c. F-11Financial Administration Act
53. Schedule I.1 to the Financial Administration Act is amended by striking out, in column I, the reference to
Civil Aviation Tribunal
Tribunal de l’aviation civile
and the corresponding reference in column II to the “Minister of Transport”.
54. Schedule I.1 to the Act is amended by adding, in alphabetical order in column I, a reference to
Transportation Appeal Tribunal of Canada
Tribunal d’appel des transports du Canada
and a corresponding reference in column II to the “Minister of Transport”.
Marine Transportation Security Act
Marginal note:1994, c. 40
55. (1) The definition “screening officer” in subsection 2(1) of the Marine Transportation Security Act is replaced by the following:
“screening officer”
« agent de contrôle »
“screening officer” means a person designated by the Minister under section 19.1 as a screening officer for the purposes of this Act;
(2) Subsection 2(1) of the 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;
56. Sections 5 and 6 of the Act are replaced by the following:
Marginal note:Regulations respecting security
5. (1) The Governor in Council may make regulations respecting the security of marine transportation, including regulations
(a) for preventing unlawful interference with marine transportation and ensuring that appropriate action is taken where that interference occurs or could occur;
(b) requiring or authorizing screening for the purpose of protecting persons, goods, vessels and marine facilities;
(c) respecting the establishment of restricted areas;
(d) respecting the keeping and preservation of records and documents relating to the security of marine operations, including copies of the regulations, security measures and security rules;
(e) for requiring the records and documents to be filed with the Minister or provided on request; and
(f) respecting the protection, preservation and return of any evidence that has been seized under this Act without a warrant or any vessel that has been detained under this Act.
Marginal note:Offences relating to the regulations
(2) Every person who contravenes a regulation made under subsection (1) is guilty of an offence punishable on summary conviction and liable
(a) in the case of an individual, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding six months or to both; or
(b) in the case of a corporation, to a fine not exceeding $100,000.
Marginal note:Notices and service of documents
6. The Governor in Council may make regulations respecting
(a) the form and manner of giving notice under this Act; and
(b) the service of documents required or authorized to be served under this Act, including the manner of serving them, the proof of their service and the circumstances under which they are deemed to have been served.
57. Section 19 of the Act is replaced by the following:
Definition of “designation”
19. For the purposes of sections 19.1 to 19.8, “designation” includes any privilege accorded by a designation.
Marginal note:Designation of screening officers
19.1 The Minister may designate persons or classes of persons to act as screening officers for the purposes of this Act or any of its provisions.
Marginal note:Refusal to designate, etc.
19.2 (1) The Minister may refuse to designate a person as a screening officer under section 19.1, 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 contraventions
(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 contravened this Act or any regulation, security measure or security rule, or any condition referred to in subsection 10(6).
Marginal note:Suspension 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 marine transportation security.
Marginal note:Notice
19.3 (1) If the Minister decides to refuse to designate a person as a screening officer or decides to suspend, cancel or refuse to renew a person’s designation 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 given, 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 19.2(1) or (3), the day that the notice was received by the person; and
(b) in the case of a decision made under subsection 19.2(2), the thirtieth day after the notice is given.
Marginal note:Request for review
19.4 (1) A person affected by a decision of the Minister under section 19.2 may, on or before the date specified in the notice under subsection 19.3(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 19.2(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 marine transportation security.
Marginal note:Time and place for review
19.5 (1) On receipt of a request filed under subsection 19.4(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 19.2(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 19.2(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 19.2(2), confirm the decision or substitute his or her own determination.
Marginal note:Right of appeal
19.6 (1) Within thirty days after the determination,
(a) a person affected by the determination may appeal a determination made under paragraph 19.5(4)(a) to the Tribunal; or
(b) a person affected by the determination or the Minister may appeal a determination made under paragraph 19.5(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 19.5(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 19.5(4)(b), dismiss the appeal, or allow the appeal and substitute its own decision.
Marginal note:Decision to remain in effect pending reconsideration
19.7 If a matter is referred back to the Minister for reconsideration under paragraph 19.5(4)(a) or 19.6(3)(a), the decision of the Minister under subsection 19.2(1) or (3) to suspend or cancel a designation remains in effect until the reconsideration is concluded. 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 19.2(1) to suspend or cancel a designation until the reconsideration is concluded, if the member or panel is satisfied that granting a stay would not constitute a threat to marine transportation security.
Marginal note:Reconsideration
19.8 (1) In the case of a decision made under subsection 19.2(3), if the appeal panel has, on an appeal under section 19.6, dismissed the appeal or if the Minister has, after reconsidering the matter pursuant to paragraph 19.5(4)(a) or 19.6(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 marine transportation security.
Marginal note:Procedure applicable
(2) On the 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 19.3 to 19.7 apply in respect of that decision with any modifications that are necessary.
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