BILL C-34 (First Reading)

Return of security	38. Any security deposited under subparagraph 33(1)(a)(ii) shall be returned to the person if
	(a) the person pays double the amount of the penalty set out in the assurance of compliance in accordance with a notice under subsection 36(1); or
	(b) a member determines under subsection 37(6), or an appeal panel decides under subsection 40(3), that the assurance has been complied with.
Notice of violation	39. (1) A person served with a notice of violation under paragraph 33(1)(b) must
	(a) pay the amount of the penalty; or
	(b) within thirty days after being served or any further time that the Tribunal on application allows, file with the Tribunal a written request for a review of the facts of the violation or the amount of the penalty.
When review not requested	(2) If a review of the facts of the violation is not requested, the person is deemed to have committed the violation in respect of which the notice was served.
Time and place for review	(3) On receipt of a request filed under paragraph (1)(b), 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.
Review procedure	(4) 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.
Burden of proof	(5) The burden is on the Minister to establish that the person committed the violation referred to in the notice. The person is not required, and shall not be compelled, to give any evidence or testimony in the matter.
Determination	(6) The member may confirm the Minister's decision or, subject to any regulations made under paragraph 51(c), substitute his or her own determination.
Right of appeal	40. (1) The Minister or the person who requested the review of the decision may appeal a determination made under subsection 37(6) or 39(6) to the Tribunal within thirty days after the determination.
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.
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 subsection 37(6), dismiss the appeal or allow the appeal and substitute its own decision; or
	(b) in the case of a determination made under subsection 39(6), dismiss the appeal, or allow the appeal and, subject to regulations made under paragraph 51(c), substitute its own decision.
	Choice of Proceedings
How contravention may be proceeded with	41. If a contravention can be proceeded with as a violation or as an offence, the Minister may commence proceedings in respect of that contravention as a violation or recommend that it be proceeded with as an offence, but it may be proceeded with only as one or the other.
	Recovery of Debts
Debts due to Her Majesty	42. The following amounts constitute debts due to Her Majesty in right of Canada that may be recovered in a court of competent jurisdiction:
	(a) unless a review of the amount of a penalty is requested under subsection 39(1), the amount of the penalty, from the time the notice of violation that sets out the penalty is served;
	(b) the amount of a penalty set out in a notice of default referred to in subsection 36(1), from the time the notice under that subsection is served;
	(c) the amount of a penalty determined by a member under section 39, or decided by an appeal panel under section 40, from the time of the respective determination or decision; and
	(d) the amount of any reasonable expenses incurred in attempting to recover an amount referred to in any of paragraphs (a) to (c).
Certificate	43. (1) All or part of a debt referred to in section 42 in respect of which there is a default of payment may be certified by the Minister or the Tribunal, as the case may be.
Registration of certificate	(2) On production to the Federal Court, a certificate shall be registered. When it is registered, a certificate has the same force and effect, and proceedings may be taken in connection with it, as if it were a judgment obtained in that Court for a debt of the amount specified in it and all reasonable costs and charges attendant on its registration.
	Rules of Law about Violations
Violations are not offences	44. For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply.
Defence	45. For greater certainty, no person is liable for the commission of a violation if the person exercised all due diligence to prevent the commission.
Violation by employee or agent	46. (1) A person is liable for a violation committed by their employee or agent, whether or not the employee or agent has been identified or proceeded against under sections 33 to 43.
Liability of operator of a vessel	(2) The operator of a vessel is liable for a violation committed in relation to the vessel by another person, whether or not the other person has been identified or proceeded against under sections 33 to 43 unless, at the time of the violation, the vessel was in the possession of another person without the operator's consent.
Liability of operator of marine facility	(3) The operator of a marine facility is liable for a violation committed with their consent by another person in relation to the facility, whether or not the other person has been identified or proceeded against under sections 33 to 43.
Officers, etc., of corporation	(4) An officer, director or agent of a corporation that commits a violation under this Act is a party to and liable for the violation if he or she directed, authorized, assented to, acquiesced in or participated in the commission of the violation, whether or not the corporation has been identified or proceeded against under sections 33 to 43.
	General Provisions
Notations removed	47. (1) Unless the Minister is of the opinion that it is not in the public interest to do so, five years after the last day on which any of the following events occurs, the Minister is to remove every notation of violation or default, and every suspension or cancellation of the designation of or refusal to designate or to renew the designation of a person as a screening officer on prescribed grounds, from any records that the Minister may keep respecting the person:
	(a) payment by the person of every penalty that the person is liable to pay after a notice of violation, a notice of default, a determination of a member of the Tribunal on review or a decision of an appeal panel of the Tribunal; or
	(b) the suspension or cancellation of the designation of, or the refusal to designate or to renew the designation of, the person as a screening officer under section 19.2.
Duty to notify	(2) When the Minister is of the opinion that removal of a notation is not in the public interest, the Minister shall give notice of that fact to the person.
Contents of notice	(3) A notice under subsection (2) shall provide all relevant information concerning the grounds on which the Minister has refused to remove the notation and shall include the address at which, and the date, being thirty days after the notice is served, on or before which, a request for a review may be filed.
Review	(4) Subsections 37(1) to (3) apply in respect of a refusal to remove a notation, with any modifications that the circumstances require.
Determination	(5) The member of the Tribunal assigned to conduct the review may confirm the Minister's decision or refer the matter back to the Minister for reconsideration.
Right of appeal	(6) The person may, within thirty days after a determination is made under subsection (5), appeal the determination to the Tribunal.
Loss of right of appeal	(7) If the person does not appear at the review hearing, the person is not entitled to appeal a determination unless they establish that there was sufficient reason to justify their absence.
Disposition of appeal	(8) The appeal panel of the Tribunal assigned to hear the appeal may dismiss the appeal or refer the matter back to the Minister for reconsideration.
Public record	48. The Minister shall keep a public record of notations of violations or default that appear on any record that the Minister may keep respecting persons under this Act.
Limitation period	49. No notice of violation may be issued more than two years after the Minister becomes aware of the violation.
Certificate of Minister	50. A document that purports to have been issued by the Minister and certifies the day on which the Minister became aware of a violation is evidence, without proof of the signature or official character of the person appearing to have signed the document, that the Minister became aware of the violation on that day.
	Regulations
Regulations	51. The Governor in Council may make regulations
	(a) designating, as a violation that may be proceeded with in accordance with sections 33 to 46, 49 and 50, the contravention of a provision that is an offence under this Act;
	(b) designating violations that, if continued on more than one day, constitute a separate violation for each day on which they are continued;
	(c) designating violations that may be proceeded with by issuing notices of violation and fixing a penalty or a range of penalties in respect of each such violation, up to a maximum of $25,000 but in any event not greater than the maximum fine that would be payable if the violation were proceeded with by way of summary conviction; and
	(d) prescribing anything that by subsections 33 to 50 is to be prescribed.
1991, c. 30	Public Sector Compensation Act
	*60. Schedule I to the Public Sector Compensation Act* is amended by striking out the following under the heading ``Other Portions of the Public Service'':**
	Civil Aviation Tribunal
	Tribunal de l'aviation civile
	*61. Schedule I to the Act is amended by adding the following in alphabetical order under the heading ``Other Portions of the Public Service'':*
	Transportation Appeal Tribunal of Canada
	Tribunal d'appel des transports du Canada
R.S., c. P-35	Public Service Staff Relations Act
SOR/88-105	*62. Part I of Schedule I to the Public Service Staff Relations Act* is amended by striking out the following:**
	Civil Aviation Tribunal
	Tribunal de l'aviation civile
	63. Part I of Schedule I to the Act is amended by adding the following in alphabetical order:
	Transportation Appeal Tribunal of Canada
	Tribunal d'appel des transports du Canada
R.S., c. 32 (4th Supp.)	Railway Safety Act
	64. *(1) Subsection 4(1) of the Railway Safety 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;

	(2) The portion of subsection 4(5) of the Act before paragraph (a) is replaced by the following:
Manner of filing or sending notices and documents	(5) With the exception of a notice or document sent to or by the Tribunal , for the purposes of this Act, a notice or document must be filed with, or sent to, a person
	65. The Act is amended by adding the following after section 27:
Refusal to designate etc.	27.1 (1) The Minister may refuse to designate a person as a screening officer under section 27 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.
Suspension or cancellation of designation for offences	(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 committed an offence within the meaning of section 41.
Suspension of designation 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 railway security.
Notice	27.2 (1) If the Minister decides to refuse to designate a person as a screening officer or decides to suspend, cancel or refuse to renew the designation of a person as a screening officer, the Minister shall notify the person of that decision.
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 sent, on or before which, the person may file a request for a review of the decision.
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 27.1(1) or (3), the day that the notice was received by the person; and
	(b) in the case of a decision made under subsection 27.1(2), the thirtieth day after the notice is sent.
Request for review	27.3 (1) A person affected by a decision of the Minister under section 27.1 may, on or before the date specified in the notice under subsection 27.2(1) or within any further time that the Tribunal on application allows, file a written request for a review of the decision.
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.
Exception	(3) On application in writing by the person affected by a decision made under subsection 27.1(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 railway security.
Time and place for review	27.4 (1) On receipt of a request filed under subsection 27.3(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.
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.