Aeronautics Act

Marginal note:Right of appeal

• 7.2 (1) The Minister or any person affected by the determination of a member of the Tribunal under subsection 6.9(8) or 7(7) or any person, other than the Minister, affected by the determination of a member of the Tribunal under subsection 7.1(8) may, within ten days after the determination, appeal the determination to the Tribunal.

• Marginal note:Appeal panel exclusion

  (2) The member of the Tribunal from whose determination an appeal is taken shall not be a member of the panel of members appointed to hear the appeal.

• Marginal note:Nature of appeal

  (3) An appeal to the Tribunal shall be on the merits based on the record of the proceedings of the member of the Tribunal from whose determination the appeal is taken but the Tribunal shall allow oral argument and, if it deems it necessary for the purposes of the appeal, shall hear evidence not previously available.

• Marginal note:Burden of proof on medical grounds appeal

  (4) On an appeal from the determination of a member of the Tribunal under subsection 7.1(8) in respect of a refusal to renew a Canadian aviation document on medical grounds, the burden of establishing that the Minister’s decision in the matter is unjustified is on the appellant.

• Marginal note:Disposition of appeal

  (5) The Tribunal may dispose of an appeal from the determination of a member of the Tribunal under

  • (a) subsection 6.9(8) or 7(7), by dismissing it or allowing it and in allowing the appeal the Tribunal may substitute its decision for the determination appealed against; or

  • (b) subsection 7.1(8), by dismissing it or referring the matter back to the Minister for reconsideration.