Aeronautics Act

Marginal note:Request to appear to be issued by Tribunal

• 7.9 (1) On receipt of the copy of the notice forwarded by the Minister under subsection 7.8(2), the Tribunal shall

  • (a) in writing, served personally or by registered or certified mail, request the person to whom the notice was sent to appear before a member of the Tribunal at the time and place set out in the request to hear the allegations referred to in subsection 7.7(1); and

  • (b) in writing, advise the Minister of the time and place set out in the request referred to in paragraph (a).

• Marginal note:Failure to appear before member of the Tribunal

  (2) Where a person served with a request under subsection (1) fails to appear before the member of the Tribunal at the time and place set out in the request, the member of the Tribunal shall consider all the information that is presented to him by the Minister in relation to the contravention referred to in the request.

• Marginal note:Determination of member of Tribunal

  (3) Where, at the conclusion of the proceedings in respect of allegations against a person referred to in subsection (2), the member of the Tribunal determines that

  • (a) the person has not contravened the designated provision that the person is alleged to have contravened, the member of the Tribunal shall forthwith inform the person and the Minister of the determination and, subject to section 8.1, no further proceeding under this Part shall be taken against the person in respect of the alleged contravention; or

  • (b) the person has contravened the designated provision that the person is alleged to have contravened, the member of the Tribunal shall forthwith

    • (i) issue to the Minister a certificate in such form as the Governor in Council may by regulation prescribe, setting out the determination of the member and setting out therein the amount that was specified in the notice that was sent to the person under subsection 7.7(1) in respect of the contravention, and

    • (ii) by registered or certified mail, send to the person at the person’s latest known address a copy of the certificate issued under subparagraph (i).

• Marginal note:Appearance before Tribunal

  (4) Where a person served with a request under subsection (1) appears before the member of the Tribunal at the time and place set out in the request, the member of the Tribunal shall provide the Minister and the person with a full opportunity consistent with procedural fairness and natural justice to present evidence before the member of the Tribunal and make representations in relation to the alleged contravention.

• Marginal note:Proceeding generally

  (5) On a proceeding before a member of the Tribunal under subsection (4),

  • (a) the burden of proving that the person appearing before the member has contravened the designated provision that the person is alleged to have contravened is on the Minister; and

  • (b) the person is not required and shall not be compelled to give any evidence or testimony in the matter.