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| 2001, c. 29
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Transportation Appeal Tribunal of Canada
Act
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111. (1) On the later of the coming into
force of subsection 36(2) of the
Transportation Appeal Tribunal of Canada
Act and subsection 13(3) of this Act,
subsections 7(7) and (8) of the Aeronautics
Act are replaced by the following:
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| Determination
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(7) The member of the Tribunal conducting
the review may make the following
determination:
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(a) if the decision of the Minister relates to
a person's designation under section 4.84,
the member may determine the matter by
confirming the Minister's decision or by
referring the matter back to the Minister for
reconsideration; or
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(b) if the decision of the Minister relates to
any other Canadian aviation document, the
member may determine the matter by
confirming the Minister's decision or by
substituting his or her own determination.
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| Effect of
decision
pending
reconsideratio
n
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(7.1) If a decision of the Minister under
subsection (1) is referred back to the Minister
for reconsideration under paragraph (7)(a),
the decision of the Minister remains in effect
until the reconsideration is concluded.
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| Request for
reconsideratio
n of
immediate
threat
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(8) If no appeal from a determination under
subsection (7) confirming the Minister's
decision is taken under section 7.2 within the
time limited for doing so under that section or
an appeal panel has, on an appeal under that
section, confirmed the Minister's decision
under this section, or if the Minister, after
reconsidering the matter under paragraph
(7)(a) or 7.2(3)(b), has confirmed the
suspension, the holder of the document or the
owner or operator of any aircraft, airport or
other facility in respect of which the document
was issued may, in writing, request the
Minister to reconsider whether the immediate
threat to aviation safety or security referred to
in subsection (1) that occasioned the
suspension continues to exist or is likely to
occur as described in that subsection.
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(2) On the later of the coming into force
of section 38 of the Transportation Appeal
Tribunal of Canada Act and subsection 14(1)
of this Act, section 7.2 of the Aeronautics Act
is replaced by the following:
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| Right of
appeal
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7.2 (1) Within thirty days after the
determination,
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(a) a person affected by the determination
may appeal a determination made under
subsection 6.72(4), paragraph 7(7)(a) or
subsection 7.1(7) to the Tribunal; or
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(b) a person affected by the determination
or the Minister may appeal a determination
made under subsection 6.9(8) or paragraph
7(7)(b) to the Tribunal.
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| Loss of right
of appeal
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(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
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(3) The appeal panel of the Tribunal
assigned to hear the appeal may
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(a) in the case of a determination made
under subsection 6.72(4), paragraph 7(7)(a)
or subsection 7.1(7), dismiss the appeal or
refer the matter back to the Minister for
reconsideration; or
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(b) in the case of a determination made
under subsection 6.9(8) or paragraph
7(7)(b), dismiss the appeal, or allow the
appeal and substitute its own decision.
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| Effect of
decision
pending
reconsideratio
n
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(4) If a decision to suspend or cancel a
Canadian aviation document is referred back
to the Minister for reconsideration under
paragraph (3)(a), the decision of the Minister
remains in effect until the reconsideration is
concluded. However, the appeal panel, after
considering any representations made by the
parties, may grant a stay of the decision made
under subsection 7.1(7) until the
reconsideration is concluded, if it is satisfied
that granting a stay would not constitute a
threat to aviation safety or security.
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(3) On the later of the coming into force
of section 38 of the Transportation Appeal
Tribunal of Canada Act and subsection 2(4)
of this Act, the portion of subsection 3(3) of
the Aeronautics Act before paragraph (a) is
replaced by the following:
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| Exception
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(3) The following documents are deemed
not to be a Canadian aviation document for the
purposes of sections 6.6 to 7.21:
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| Coming into
force
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112. (1) Subject to subsection (2), the
provisions of this Act, other than sections 1
and 109 to 111, and the provisions of any Act
that are enacted by this Act come into force
on a day or days to be fixed by order of the
Governor in Council.
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| Coming info
force
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(2) The paragraphs or subparagraphs or
any other portion of the definition
``offence'' in section 183 of the Criminal
Code, as enacted by section 108 of this Act,
comes into force on a day or days to be fixed
by order of the Governor in Council.
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