Transportation Appeal Tribunal of Canada (continued)
Marginal note:Nature of appeal
14 An appeal shall be on the merits based on the record of the proceedings before the member from whose determination the appeal is taken, but the appeal panel shall allow oral argument and, if it considers it necessary for the purposes of the appeal, shall hear evidence not previously available.
Marginal note:Nature of hearings
15 (1) Subject to subsection (2), the Tribunal is not bound by any legal or technical rules of evidence in conducting any matter that comes before it, and all such matters shall be dealt with by it as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit.
(2) The Tribunal shall not receive or accept as evidence anything that would be inadmissible in a court by reason of any privilege under the law of evidence.
(3) A party to a proceeding before the Tribunal may appear in person or be represented by another person, including legal counsel.
Marginal note:Private hearings
(4) Hearings shall be held in public. However, the Tribunal may hold all or any part of a hearing in private if it is of the opinion that
(a) a public hearing would not be in the public interest;
(b) medical information about a person may be disclosed and the desirability of ensuring that, in the interests of that person, the information is not publicly disclosed outweighs the desirability of adhering to the principle that hearings be open to the public; or
(c) confidential business information may be disclosed and the desirability of ensuring that the information is not publicly disclosed outweighs the desirability of adhering to the principle that hearings be open to the public.
Marginal note:Standard of proof
(5) In any proceeding before the Tribunal, a party that has the burden of proof discharges it by proof on the balance of probabilities.
Marginal note:Powers of Tribunal
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.
(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.
(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.
(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.
- former 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. (ancien Tribunal)
- new Tribunal
new Tribunal means the Transportation Appeal Tribunal of Canada established by subsection 2(1). (nouveau Tribunal)
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.
Footnote *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.
Return to footnote *[Note: Sections 25 and 44 in force June 30, 2003, see SI/2003-128.]
Marginal note:Members of Tribunal
Footnote *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
Footnote *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
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.
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