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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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| 2002, c. 28
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Pest Control Products Act
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111.1 (1) If section 89 of the Pest Control
Products Act (the ``other Act''), chapter 28
of the Statutes of Canada, 2002, comes into
force before section 99 of this Act, then
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(a) on the coming into force of section 89
of the other Act, section 99 of this Act is
repealed; and
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(b) on the coming into force of section 66
of this Act, the other Act is amended by
adding the following after section 67:
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| Interim orders
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67.1 (1) The Minister may make an interim
order that contains any provision that may be
contained in a regulation made under this Act
if the Minister believes that immediate action
is required to deal with a significant risk,
direct or indirect, to health, safety or the
environment.
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| Cessation of
effect
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(2) An interim order has effect from the
time that it is made but ceases to have effect
on the earliest of
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(a) 14 days after it is made, unless it is
approved by the Governor in Council,
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(b) the day on which it is repealed,
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(c) the day on which a regulation made
under this Act, that has the same effect as
the interim order, comes into force, and
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(d) one year after the interim order is made
or any shorter period that may be specified
in the interim order.
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| Contravention
of
unpublished
order
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(3) No person shall be convicted of an
offence consisting of a contravention of an
interim order that, at the time of the alleged
contravention, had not been published in the
Canada Gazette unless it is proved that, at the
time of the alleged contravention, the person
had been notified of the interim order or
reasonable steps had been taken to bring the
purport of the interim order to the notice of
those persons likely to be affected by it.
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| Exemption
from
Statutory
Instruments
Act
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(4) An interim order
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(a) is exempt from the application of
sections 3, 5 and 11 of the Statutory
Instruments Act; and
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(b) shall be published in the Canada
Gazette within 23 days after it is made.
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| Deeming
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(5) For the purpose of any provision of this
Act other than this section, any reference to
regulations made under this Act is deemed to
include interim orders, and any reference to a
regulation made under a specified provision of
the Act is deemed to include a reference to the
portion of an interim order containing any
provision that may be contained in a
regulation made under the specified
provision.
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| Tabling of
order
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(6) A copy of each interim order must be
tabled in each House of Parliament within 15
days after it is made.
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| House not
sitting
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(7) In order to comply with subsection (6),
the interim order may be sent to the Clerk of
the House if the House is not sitting.
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(2) If section 89 of the other Act comes
into force after section 99 of this Act, then,
on the coming into force of section 89 of the
other Act, the other Act is amended by
adding the following after section 67:
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| Interim orders
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67.1 (1) The Minister may make an interim
order that contains any provision that may be
contained in a regulation made under this Act
if the Minister believes that immediate action
is required to deal with a significant risk,
direct or indirect, to health, safety or the
environment.
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| Cessation of
effect
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(2) An interim order has effect from the
time that it is made but ceases to have effect
on the earliest of
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(a) 14 days after it is made, unless it is
approved by the Governor in Council,
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(b) the day on which it is repealed,
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(c) the day on which a regulation made
under this Act, that has the same effect as
the interim order, comes into force, and
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(d) one year after the interim order is made
or any shorter period that may be specified
in the interim order.
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| Contravention
of
unpublished
order
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(3) No person shall be convicted of an
offence consisting of a contravention of an
interim order that, at the time of the alleged
contravention, had not been published in the
Canada Gazette unless it is proved that, at the
time of the alleged contravention, the person
had been notified of the interim order or
reasonable steps had been taken to bring the
purport of the interim order to the notice of
those persons likely to be affected by it.
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| Exemption
form
Statutory
Instruments
Act
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(4) An interim order
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(a) is exempt from the application of
sections 3, 5 and 11 of the Statutory
Instruments Act; and
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(b) shall be published in the Canada
Gazette within 23 days after it is made.
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| Deeming
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(5) For the purpose of any provision of this
Act other than this section, any reference to
regulations made under this Act is deemed to
include interim orders, and any reference to a
regulation made under a specified provision of
the Act is deemed to include a reference to the
portion of an interim order containing any
provision that may be contained in a
regulation made under the specified
provision.
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| Tabling of
order
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(6) A copy of each interim order must be
tabled in each House of Parliament within 15
days after it is made.
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| House not
sitting
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(7) In order to comply with subsection (6),
the interim order may be sent to the Clerk of
the House if the House is not sitting.
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(3) If section 89 of the other Act comes
into force on the same day as section 99 of
this Act, then section 89 of the other Act is
deemed to have come into force after
section 99 of this Act and subsection (2)
applies.
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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 111.1, 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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