Aeronautics Act

Marginal note:Right of appeal

• 8.1 (1) The Minister or any person affected by the determination of a member of the Tribunal under subsection 7.9(3) or section 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 of the Tribunal 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:Disposition of appeal

  (4) The Tribunal may dispose of the appeal by dismissing it or allowing it and in allowing the appeal, the Tribunal may substitute its decision for the determination appealed against.

• Marginal note:Determination on appeal

  (5) Where the Tribunal finds on an appeal that a person has contravened the designated provision that the person is alleged to have contravened, the Tribunal shall forthwith inform the person of the finding and, subject to any regulations made under paragraph 7.6(1)(b), of the amount determined by the Tribunal 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 such time as the Tribunal may allow, the Tribunal shall issue to the Minister a certificate in such form as the Governor in Council may by regulation prescribe, setting out the amount required to be paid by the person.