| Person not
compelled to
testify
|
(3) In a review of a decision made under
subsection 27.1(2), the person who filed the
request for the review is not required, and shall
not be compelled, to give any evidence or
testimony in the matter.
|
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| Determina- tion
|
(4) The member may
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| Right of
appeal
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27.5 (1) Within thirty days after the
determination,
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| 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.
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| Disposition of
appeal
|
(3) The appeal panel of the Tribunal
assigned to hear the appeal may
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| Decision to
remain in
effect pending
reconsideratio
n
|
27.6 If a matter is referred back to the
Minister for reconsideration under paragraph
27.4(4)(a) or 27.5(3)(a), the decision of the
Minister under subsection 27.1(1) or (3) to
suspend or cancel a designation remains in
effect until the reconsideration is completed.
However, the member who made the
determination or the appeal panel, after
considering any representations made by the
parties, may grant a stay of a decision under
subsection 27.1(1) to suspend or cancel a
designation until the reconsideration is
completed, if the member or panel is satisfied
that granting a stay would not constitute a
threat to railway security.
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| Reconsiderati
on
|
27.7 (1) In the case of a decision made under
subsection 27.1(3), if the appeal panel has, on
an appeal under section 27.5, dismissed the
appeal or if the Minister has, after
reconsidering the matter pursuant to
paragraph 27.4(4)(a) or 27.5(3)(a), confirmed
the suspension, the person affected by the
decision may, in writing, request the Minister
to reconsider whether the exercise by the
person of the functions of a screening officer
continues to constitute, or is likely to continue
to constitute, an immediate threat to railway
security.
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| Procedure
applicable
|
(2) On receipt of a request by a person under
subsection (1), the Minister shall without
delay conduct the reconsideration and inform
the person of his or her decision regarding the
request. Sections 27.2 to 27.6 apply in respect
of that decision, with any modifications that
are necessary.
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| Definition of
``designation''
|
27.8 For the purposes of sections 27.1 to
27.7, ``designation'' includes any privilege
accorded by a designation.
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66. (1) Section 31 of the Act is amended by
adding the following after subsection (4):
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| Contents of
notice
|
(4.1) A notice under subsections (1) to (3)
that contains an order shall indicate the
address at which, and the date, being thirty
days after the notice is sent, on or before
which, the recipient of the notice may file a
request for a review of the order of the railway
safety inspector.
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|
(2) Subsection 31(9) of the Act is replaced
by the following:
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| Reviewable
order
|
(9) The alteration of an order under
subsection (8) is an order that is reviewable
under sections 31.1 to 31.5.
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|
67. The Act is amended by adding the
following after section 31:
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| Request for
review of
order of
railway safety
inspector
|
31.1 (1) A person, including a railway
company, who is sent a notice under section 31
that contains an order may, on or before the
date specified in the notice or within any
further time that the Tribunal on application
allows, file a written request for a review of
the order.
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| Time and
place for
review
|
(2) On receipt of a request filed under
subsection (1), the Tribunal shall without
delay 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.
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| Review
procedure
|
(3) 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.
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| Determination
|
(4) The member may confirm the order or
refer the matter to the Minister for
consideration.
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|
| Right of
appeal
|
31.2 (1) The person who requested the
review under section 31.1 may, within thirty
days after the determination, appeal a
determination made under subsection 31.1(4)
to the Tribunal.
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| Loss of right
of appeal
|
(2) 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.
|
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| Disposition of
appeal
|
(3) The appeal panel of the Tribunal
assigned to hear the appeal may dismiss the
appeal or refer the matter to the Minister for
consideration.
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| No stay of
order
|
31.3 An order of a railway safety inspector
shall not be stayed pending a review under
section 31.1, an appeal under section 31.2 or
consideration by the Minister under
subsection 31.1(4) or 31.2(3).
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| Consideration
by Minister
|
31.4 If a matter is referred to the Minister
under subsection 31.1(4) or 31.2(3), or if the
Minister on his or her own initiative decides to
review an order of a railway safety inspector,
the Minister may confirm the order, or may, by
order, alter or revoke the order of the railway
safety inspector. For greater certainty, the
Minister's order may be made an order of the
Federal Court or of any superior court under
section 34.
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| When
alteration or
revocation
effective
|
31.5 An alteration or revocation under
section 31.4 has effect when the railway
company or other person to whom notice of
the order under section 31 was sent receives
notice of the alteration or revocation.
|
|
| 1999, c. 9,
s. 25
|
68. Subsection 32(4) of the Act is replaced
by the following:
|
|
| Contents of
notice
|
(4) An order contained in a notice under
subsection (1), (3) or (3.1) takes effect on the
date of receipt of the notice. The notice shall
indicate the address at which, and the date,
being thirty days after the notice is sent, on or
before which, the recipient of the notice may
file a request for a review of the order.
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|
|
69. The Act is amended by adding the
following after section 32:
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| Request for
review
|
32.1 (1) A person, including a railway
company, who is sent a notice under section 32
that contains an order may, on or before the
date specified in the notice or within any
further time that the Tribunal on application
allows, file a written request for a review of
the order.
|
|
| Time and
place for
review
|
(2) On receipt of a request filed under
subsection (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. In the
case of a request for review of an order made
under subsection 32(3), the Tribunal shall do
so without delay.
|
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| Review
procedure
|
(3) 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.
|
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| Person not
compelled to
testify
|
(4) In a review of an order made under
subsection 32(3), a person who the Minister is
of the opinion has contravened a regulation
made under section 24 is not required, and
shall not be compelled, to give any evidence
or testimony in the matter.
|
|
| Determination
|
(5) The member may confirm the order or
refer the matter back to the Minister for
reconsideration.
|
|
| Right of
appeal
|
32.2 (1) The person who requested the
review under section 32.1 may, within thirty
days after the determination, appeal a
determination made under subsection 32.1(5)
to the Tribunal.
|
|
| Loss of right
of appeal
|
(2) 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
|
(3) 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.
|
|
| Stay of order
|
32.3 If a request for review is filed, an order
made under subsection 32(1) or (3.1) shall be
stayed until the matter is finally disposed of in
accordance with section 32.1, 32.2 or 32.4.
However, an order made under subsection
32(3) shall not be stayed pending a review
under section 32.1, an appeal under section
32.2 or reconsideration by the Minister under
subsection 32.1(5) or 32.2(3).
|
|
| Reconsiderati
on by
Minister
|
32.4 If a matter is referred back to the
Minister under subsection 32.1(5) or 32.2(3),
the Minister may confirm the order, or may, by
order, alter or revoke the order. For greater
certainty, the Minister's order may be made an
order of the Federal Court or of any superior
court under section 34.
|
|
| When
alteration or
revocation
effective
|
32.5 An alteration or revocation under
section 32.4 has effect when the railway
company or other person to whom notice of
the order under section 32 was sent receives
notice of the alteration or revocation.
|
|
| 1999, c. 9,
s. 33
|
70. Paragraph 46(d) of the Act is replaced
by the following:
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|
COORDINATING AMENDMENTS |
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|
Amendment to This Act |
|
| Amendment
to this Act
|
71. If Bill C-14, introduced in the first
session of the 37th Parliament and entitled
the Canada Shipping Act, 2001, receives
royal assent, then, on the coming into force
of section 1 of that Act, subsection 2(2) of
this Act is replaced by the following:
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| Jurisdiction
generally
|
(2) The Tribunal has jurisdiction in respect
of reviews and appeals as expressly provided
for under the Aeronautics Act, the Canada
Shipping Act, 2001, the Marine
Transportation Security Act, the Railway
Safety Act and any other federal Act regarding
transportation.
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|
|
Bill C-14 |
|
| Bill C-14
|
72. If Bill C-14, introduced in the first
session of the 37th Parliament and entitled
the Canada Shipping Act, 2001 (referred to
in this section as the ``other Act''), receives
royal assent, then, on the coming into force
of section 2 of this Act,
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|
| ``Tribunal'' « Tribunal »
|
``Tribunal'' means the Transportation Appeal
Tribunal of Canada established by
subsection 2(1) of the Transportation
Appeal Tribunal of Canada Act.
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| Notice after
refusal to
issue
|
(5) The Minister of Transport must,
immediately after refusing to issue a Canadian
maritime document, give the applicant a
notice
|
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|
|
| Request for
review
|
16.1 (1) An applicant who receives a notice
under subsection 16(5) may, on or before the
date specified in the notice or within any
further time that the Tribunal on application
allows, file a written request for a review of
the decision if
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|
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|
|
|
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|
|
| Time and
place for
review
|
(2) On receipt of a request filed under
subsection (1), the Tribunal must appoint a
time and place for the review and must notify
the Minister of Transport and the applicant of
the time and place in writing.
|
|
| Review
procedure
|
(3) The member of the Tribunal assigned to
conduct the review must provide the Minister
of Transport and the applicant with an
opportunity consistent with procedural
fairness and natural justice to present
evidence and make representations.
|
|
| Person not
compelled to
testify
|
(4) In a review of a decision made under
subparagraph 16(4)(e)(ii) on the ground that
an applicant has committed a violation in
respect of which a notice of violation has been
issued to the applicant, the applicant is not
required, and must not be compelled, to give
any evidence or testimony in the matter before
the matter that gave rise to the issue of the
notice has been disposed of in accordance
with sections 232 to 232.2.
|
|
| Determination
|
(5) The member may
|
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|
|
|
|
|
| Suspension,
cancellation
and refusal to
renew
|
20. (1) Subject to section 20.1, the Minister
of Transport may suspend, cancel or refuse to
renew a Canadian maritime document if the
Minister is satisfied that
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